[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Proposed Rules]
[Pages 27566-27570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12517]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R9-OAR-2018-0821 FRL-9995-11-Region 9]


Determination of Attainment by the Attainment Date for the 2008 
Ozone National Ambient Air Quality Standards; Phoenix-Mesa, Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Phoenix-Mesa ozone nonattainment area (``Phoenix 
NAA''), which is classified as ``Moderate'' for the 2008 ozone National 
Ambient Air Quality Standards (NAAQS or ``standards''), attained the 
NAAQS by its Moderate area attainment date of July 20, 2018. This 
determination is based on complete, quality-assured, and certified data 
for 2015-2017. This proposed action is necessary to fulfill the EPA's 
statutory obligation to determine whether ozone nonattainment areas 
attained the NAAQS by the attainment date.

DATES: Any comments must arrive by July 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0821 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105. By phone: (415) 972-3848 or 
by email at levin.nancy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. What is the Background for this action?
    A. Ozone NAAQS, Area Designations, and Classifications
    B. Ambient Air Quality Monitoring Data
II. What is the EPA's analysis of the relevant air quality data?
    A. Monitoring Network and Data Considerations
    B. Evaluation of the Ambient Air Quality Data
III. Proposed Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. What is the background for this action?

A. Ozone NAAQS, Area Designations, and Classifications

    The Clean Air Act (CAA or ``Act'') requires the EPA to establish 
national primary and secondary standards for certain widespread 
pollutants, such as ozone, which cause or contribute to air pollution 
that is reasonably anticipated to endanger public health or welfare.\1\ 
In

[[Page 27567]]

the 1970s, the EPA promulgated primary and secondary ozone standards 
based on a 1-hour average. In 1997, we replaced the 1-hour ozone 
standards with primary and secondary 8-hour ozone standards. In 2008, 
we revised the 8-hour ozone standards to the level of 0.075 parts per 
million (ppm), daily maximum 8-hour average.\2\ Since the primary and 
secondary ozone standards are the same, we refer to them hereafter in 
this document using the singular ``2008 ozone standard'' (or simply 
``standard'') or NAAQS. The 2008 ozone standard is met at an ambient 
air quality monitoring site when the design value is less than or equal 
to 0.075 ppm, as determined in accordance with 40 CFR part 50, appendix 
P.\3\ The design value is a statistic that describes the air quality 
status of a given location relative to the level of the NAAQS. For the 
purpose of comparison with the 2008 ozone standard, the design value 
for a site is the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations.
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    \1\ CAA sections 108 and 109. Primary standards represent 
ambient air quality standards the attainment and maintenance of 
which the EPA has determined, including a margin of safety, are 
requisite to protect the public health. Secondary standards 
represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined are requisite to protect 
the public welfare from any known or anticipated adverse effects 
associated with the presence of such air pollutant in the ambient 
air. CAA section 109(b).
    \2\ 73 FR 16436 (March 27, 2008); 40 CFR 50.15. In 2015, we 
tightened the ozone National Ambient Air Quality Standards (NAAQS or 
``standards'') even further and established 0.070 parts per million 
(ppm), 8-hour average, as the new ozone NAAQS. 80 FR 65292 (October 
26, 2015). While the 1979 1-hour ozone NAAQS and 1997 8-hour ozone 
NAAQS have been revoked, the 2008 ozone NAAQS remains in effect.
    \3\ 40 CFR 50.15.
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    The EPA designated NAAs for the 2008 ozone standard on May 21, 
2012, effective July 20, 2012.\4\ In that action, the EPA classified 
(by operation of law) the Phoenix NAA as ``Marginal'' nonattainment. 
The original attainment date for the 2008 ozone standard for this 
Marginal ozone NAA was as expeditious as practicable but not later than 
July 20, 2015.\5\
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    \4\ 77 FR 30088.
    \5\ 40 CFR 51.1103(a).
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    Section 181(b)(2)(A) of the CAA requires that within 6 months 
following the applicable attainment date, the EPA must determine 
whether an ozone NAA attained the ozone standard based on the area's 
design value as of that date. In May 2016, the EPA determined that the 
Phoenix NAA failed to attain the 2008 ozone standard by the applicable 
attainment date of July 20, 2015, and reclassified the area to the next 
higher classification, i.e., ``Moderate.'' Our determination was based 
on complete, quality-assured, and certified data for 2012-2014.\6\ 
States with Moderate ozone areas are required to submit revisions to 
the applicable state implementation plan (SIP) that comply with the 
requirements set forth in subpart 2 of part D of title I of the CAA and 
in the EPA's ozone implementation rule for the 2008 ozone NAAQS in 40 
CFR part 51, subpart AA. The relevant SIP requirements include, among 
other requirements, attainment demonstrations and associated reasonably 
available control measures, reasonable further progress (RFP) plans, 
and contingency measures for failure to attain or make RFP. The 
applicable attainment date for areas classified as Moderate 
nonattainment for the 2008 ozone NAAQS is as expeditious as practicable 
but not later than July 20, 2018.\7\ Because the design value is based 
on the three most recent, complete calendar years of data, attainment 
must occur no later than December 31 of the year prior to the 
attainment date (i.e., December 31, 2017, in the case of Moderate NAAs 
for the 2008 ozone NAAQS).
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    \6\ 81 FR 26697 (May 4, 2016). The 2012-2014 design value for 
the Phoenix NAA was 0.080 parts per million, which exceeded the 2008 
ozone NAAQS of 0.075 ppm. We note that today's action is based on 
the 2015-2017 design value.
    \7\ 40 CFR 51.1103.
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B. Ambient Air Quality Monitoring Data

    A determination of whether an area's air quality meets the 2008 
ozone NAAQS is generally based upon three consecutive calendar years of 
complete, quality-assured data measured at established State and Local 
Air Monitoring Stations (SLAMS) in the NAA and entered into the EPA Air 
Quality System (AQS) database. Data from ambient air monitoring sites 
operated by state or local agencies in compliance with EPA monitoring 
requirements must be submitted to AQS. Heads of monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, the EPA relies primarily on data in AQS when 
determining the attainment status of an area.\8\ All ozone data are 
reviewed to determine the area's air quality status in accordance with 
40 CFR part 50, appendix P.
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    \8\ 40 CFR 50.15; 40 CFR part 50, appendix P; 40 CFR part 53; 40 
CFR part 58, appendices A, C, D and E.
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    When the design value is less than or equal to 0.075 ppm (based on 
the rounding convention in 40 CFR part 50, appendix P) at each 
monitoring site within the area, then the area is meeting the 2008 
ozone NAAQS. To make the determination that an area attains the NAAQS, 
each monitor must have a valid design value \9\ meeting the standard.
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    \9\ Design values attaining the 2008 ozone NAAQS also must meet 
minimum data completeness requirements specified in 40 CFR part 50, 
appendix P to be considered valid.
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II. What is the EPA's analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

    The Arizona Department of Environmental Quality (ADEQ or 
``State''), Maricopa County Air Quality Department (MCAQD), Pinal 
County Air Quality Control District (PCAQCD), and Salt River Pima-
Maricopa Indian Community (SRPMIC) operate a combined 24 ozone SLAMS in 
the Phoenix NAA (see Table 1 for AQS identification number, site name, 
design value, and completeness data for 2015-2017 (i.e., the design 
value period)). MCAQD operates 18 of these ozone sites in the Phoenix 
NAA, however one of these sites (AQS# 040139706, Rio Verde) was 
approved by the EPA for closure in 2017.10 11 ADEQ operates 
one ozone site in the Phoenix NAA (JLG Supersite). PCAQCD operates one 
ozone site in the Phoenix NAA (AJ Maintenance Yard). SRPMIC operates 
four ozone sites in the Phoenix NAA (Senior Center, Red Mountain, Lehi, 
and High School).
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    \10\ Blue Point-Sheriff Station-Tonto NF-Salt River Rec. Area, 
Buckeye, Cave Creek, Central Phoenix, Dysart, Falcon Field, Fountain 
Hills, Glendale, Humboldt Mountain, Mesa, North Phoenix, Pinnacle 
Peak, Rio Verde, South Phoenix, South Scottsdale, Tempe, West 
Chandler, West Phoenix.
    \11\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Ben Davis, Director, Air Monitoring 
Manager, Maricopa County Air Quality Department (MCAQD), dated 
September 15, 2017, approving MCAQD's closure of the Rio Verde ozone 
SLAMS site.
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    State and local air monitoring agencies are required to submit 
annual monitoring network plans to the EPA.\12\ Tribal monitoring 
agencies may also submit such plans. An annual monitoring network plan 
discusses the status of the air monitoring network, as required under 
40 CFR 58.10. MCAQD, PCAQCD, ADEQ and SRPMIC submit annual monitoring 
network plans for ozone SLAMS in the Phoenix NAA. Since 2007, the EPA 
has regularly reviewed these annual monitoring network plans for 
compliance with the applicable requirements in 40 CFR part 58. With 
respect to ozone, the EPA has found that the area's annual monitoring 
network plans for 2015 through 2017 meet the applicable requirements 
under 40 CFR part 58.13 14 15 16 Furthermore,

[[Page 27568]]

the EPA concluded from its Technical Systems Audits (TSAs) of ADEQ, 
MCAQD, and PCAQCD, that the combined ambient air monitoring network 
currently meets or exceeds the requirements for the minimum number of 
SLAMS in the Phoenix NAA for the 2008 ozone 
standard.17 18 19 The EPA also conducted a TSA of SRPMIC, 
but, as a tribal agency, minimum monitoring requirements do not apply 
to SRPMIC.\20\
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    \12\ 40 CFR 58.10(a)(1).
    \13\ Letter from Gwen Yoshimura, Acting Manager, Air Quality 
Analysis Office, EPA Region IX, to Philip A. McNeely, Director, 
Maricopa County Air Quality Department (MCAQD), dated October 31, 
2016, approving MCAQD's 2015 annual monitoring network plan; Letter 
from Gwen Yoshimura, Manager, Air Quality Analysis Office, EPA 
Region IX, to Philip A. McNeely, Director, Maricopa County Air 
Quality Department (MCAQD), dated October 30, 2017, approving 
MCAQD's 2016 annual monitoring network plan; Letter from Gwen 
Yoshimura, Manager, Air Quality Analysis Office, EPA Region IX, to 
Philip A. McNeely, Director, Maricopa County Air Quality Department 
(MCAQD), dated October 30, 2018, approving MCAQD's 2017 annual 
monitoring network plan.
    \14\ Letter from Gwen Yoshimura, Acting Manager, Air Quality 
Analysis Office, EPA Region IX, to Michael Sundblom, Director, Pinal 
County Air Quality Control District (PCAQCD), dated October 31, 
2016, approving PCAQCD's 2015 annual monitoring network plan; Letter 
from Gwen Yoshimura, Manager, Air Quality Analysis Office, EPA 
Region IX, to Michael Sundblom, Director, Pinal County Air Quality 
Control District (PCAQCD), dated October 30, 2016, approving 
PCAQCD's 2016 annual monitoring network plan; Letter from Gwen 
Yoshimura, Manager, Air Quality Analysis Office, EPA Region IX, to 
Michael Sundblom, Director, Pinal County Air Quality Control 
District (PCAQCD), dated October 30, 2018, approving PCAQCD's 2017 
annual monitoring network plan.
    \15\ Letter from Gwen Yoshimura, Acting Manager, Air Quality 
Analysis Office, EPA Region IX, to Timothy S. Franquist, Director, 
Air Quality Division, Arizona Department of Environmental Quality 
(ADEQ), dated November 3, 2016, approving ADEQ's 2015 annual 
monitoring network plan; Letter from Gwen Yoshimura, Manager, Air 
Quality Analysis Office, EPA Region IX, to Timothy S. Franquist, 
Director, Air Quality Division, Arizona Department of Environmental 
Quality (ADEQ), dated November 3, 2016, approving ADEQ's 2016 annual 
monitoring network plan; Letter from Gwen Yoshimura, Manager, Air 
Quality Analysis Office, EPA Region IX, to Timothy S. Franquist, 
Director, Air Quality Division, Arizona Department of Environmental 
Quality (ADEQ), dated October 30, 2017, approving ADEQ's 2017 annual 
monitoring network plan.
    \16\ Letter from Gwen Yoshimura, Acting Manager, Air Quality 
Analysis Office, EPA Region IX, to Christopher Horan, Division 
Manager, Environmental Protection & Natural Resources Division, Salt 
River Pima-Maricopa Indian Community (SRPMIC), dated October 31, 
2016, approving SRPMIC's 2015 annual monitoring network plan; Letter 
from Gwen Yoshimura, Manager, Air Quality Analysis Office, EPA 
Region IX, to Christopher Horan, Division Manager, Environmental 
Protection & Natural Resources Division, Salt River Pima-Maricopa 
Indian Community (SRPMIC), dated October 30, 2017, approving 
SRPMIC's 2016 annual monitoring network plan; Letter from Gwen 
Yoshimura, Manager, Air Quality Analysis Office, EPA Region IX, to 
Christopher Horan, Division Manager, Environmental Protection & 
Natural Resources Division, Salt River Pima-Maricopa Indian 
Community (SRPMIC), dated October 30, 2018, approving SRPMIC's 2017 
annual monitoring network plan.
    \17\ Letter from Elizabeth J. Adams, Director, Air Division, EPA 
Region IX, to Mr. Timothy Franquist, Director, Air Quality Division, 
ADEQ, dated April 25, 2019, transmitting findings from the EPA's 
2018 TSA of the ADEQ's ambient air monitoring program.
    \18\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Mr. Michael Sundblom, Director, PCAQCD, 
dated September, 28, 2016, transmitting findings from the EPA's 2016 
TSA of the PCAQCD's ambient air monitoring program.
    \19\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Philip A. McNeely, Director, MCAQD, 
dated June 12, 2017, transmitting findings from the EPA's 2016 TSA 
of the MCAQD's ambient air monitoring program.
    \20\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Mr. Christopher Horan, Environmental 
Director, SRPMIC, dated August 29, 2017, transmitting findings from 
the EPA's 2016 TSA of the SRPMIC's ambient air monitoring program.
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    MCAQD, PCAQCD, ADEQ and SRPMIC oversee the quality assurance of 
data collected from their sites and annually certify that their 
respective data submitted to AQS are complete and quality-assured, and 
have done so for each year relevant to our determination of attainment, 
2015-2017.21 22 23 24
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    \21\ Letter from Timothy Franquist Jr, Deputy Director, Air 
Quality Division, Arizona Department of Environmental Quality, to 
Deborah Jordan, EPA Region IX, dated April 27, 2015 [correct date 
was April 27, 2016], Certification of 2015 Ambient Air Data and Re-
Certification of 2014 Ambient Air Data in AQS Database Reported by 
ADEQ; Letter from Timothy S. Franquist, Director, Air Quality 
Division, Arizona Department of Environmental Quality, to Elizabeth 
Adams, Acting Air Division Director, Air Division, EPA Region IX, 
dated April 5, 2017, Certification of 2016 Ambient Air Data and Re-
Certification of 2015 Ambient Air Data in AQS Database Reported by 
ADEQ; Letter from Timothy S. Franquist, Director, Air Quality 
Division, to Elizabeth Adams, Air Division Director, EPA Region IX, 
dated April 27, 2018, Certification of 2017 Ambient Air Data and Re-
Certification of 2016 Ambient Air Data in AQS Database Reported by 
ADEQ.
    \22\ Letter from Philip A. McNeely, Director, Maricopa County 
Air Quality Department, to Deborah Jordan, Air Division, EPA Region 
IX, dated April 25, 2016, 2015 Data Certification Letter; Letter 
from Philip A. McNeely, Director, Maricopa County Air Quality 
Department, to Elizabeth Adams, Acting Director, Air Division, EPA 
Region IX, dated April 7, 2017, 2016 Data Certification Letter; 
Letter from Philip A. McNeely, Director, Maricopa County Air Quality 
Department, to Elizabeth Adams, Acting Director, Air Division, EPA 
Region IX, dated April 10, 2018, 2017 Data Certification.
    \23\ Letter from Josh DeZeeuw, Air Quality Manager, Pinal County 
Air Quality Control District, to Deborah Jordan, dated April 29, 
2016, AQS Data Certification--2015; Letter from Josh DeZeeuw, Air 
Quality Manager, Pinal County Air Quality Control District, to 
Elizabeth Adams, dated April 28, 2017, AQS Data Certification--2016; 
Letter from Josh DeZeeuw, Air Quality Manager, Pinal County Air 
Quality Control District, to Elizabeth Adams, dated April 30, 2018, 
AQS Data Certification--2017.
    \24\ Letter from Christopher Horan, Environmental Protection & 
Natural Resources Manager, Salt River Pima Maricopa Indian 
Community, to Deborah Jordan, Director, Air Division, EPA Region IX, 
dated April 27, 2016, 2015 AQS Data Certification of Ambient Air 
Monitoring Data; Letter from Christopher Horan, Environmental 
Protection & Natural Resources Manager, Salt River Pima Maricopa 
Indian Community, to Elizabeth Adams, Acting Director, Air Division, 
EPA Region IX, dated March 31, 2016 [correct date was March 31, 
2017], 2016 AQS Data Certification of Ambient Air Monitoring Data; 
Letter from Christopher Horan, Environmental Protection & Natural 
Resources Manager, Salt River Pima Maricopa Indian Community, to 
Elizabeth Adams, Acting Director, Air Division, EPA Region IX, dated 
April 13, 2018, 2017 AQS Ambient Air Monitoring Data Certification.
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    Lastly, consistent with the requirements contained in 40 CFR part 
50, the EPA has reviewed the quality-assured and certified ozone 
ambient air monitoring data for completeness. The EPA reviewed the data 
as recorded in AQS for the applicable monitoring period, collected at 
the monitoring sites in the Phoenix NAA, and has determined that the 
data are complete, except for the Tempe monitoring station.\25\ 
Monitoring at the Tempe station was temporarily suspended from April to 
October in 2015 as a result of significant modifications by the 
landowner to the site. MCAQD notified the EPA of this temporary closure 
in MCAQD's 2015 annual ambient air monitoring plan.\26\ The Tempe 
monitoring site was not the design value monitor in the Phoenix NAA for 
the five previous valid design value years (2010-2014). In addition, 
Tempe did not have the highest fourth-highest daily maximum 8-hour 
ozone concentrations in the NAA in 2016 or 2017. For these reasons, the 
temporary closure and invalid 2017 design value at the Tempe monitoring 
site does not affect the EPA's ability to determine the design value 
for the area. For the remaining ozone monitoring sites in the Phoenix 
NAA, daily maximum 8-hour average concentrations are available for at 
least 90 percent of the days within the ozone monitoring season, on 
average for the 2015-2017 period, and daily maximum 8-hour average 
concentrations are available for at least 75 percent of the days within 
the ozone monitoring season for each individual year within that 
period. Therefore, the remaining sites meet the data completeness 
requirements of 40 CFR part 50, appendix P.\27\
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    \25\ See EPA, Air Quality System, Design Value Report, May 20, 
2019.
    \26\ 2015 Air Monitoring Network Plan, Philip A. McNeely, 
Director, MCAQD, submitted June 30, 2016.
    \27\ The Rio Verde Ozone SLAMS was approved for closure in 2017, 
however, there were sufficient data for the monitor to still have a 
valid 2015-2017 design value.
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B. Evaluation of the Ambient Air Quality Data

    As noted previously, the applicable attainment date for the Phoenix 
NAA is July 20, 2018. We have reviewed the

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data collected at the monitoring sites within that area during the 
three-year period preceding the attainment date (2015-2017) to 
determine whether the area attained the 2008 ozone standard by the 
attainment date. Table 1 shows the fourth-highest daily maximum 8-hour 
ozone concentrations for 2015 through 2017, 2015-2017 design values, 
and data completness for ozone monitors within the Phoenix NAA. The 
design value for a given area is based on the monitoring site in the 
area with the highest design value.

                           Table 1--Phoenix NAA: 2015-2017 Monitoring Site-Level Design Values for the 2008 8-Hour Ozone NAAQS
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                                                                4th Highest daily maximum 8-                        Percent complete          2015-2017
                                                                 hour average value  (ppm)      2015-2017  ---------------------------------   Average
             AQS site ID                     Site name       ---------------------------------    Design                                       percent
                                                                 2015       2016       2017       value        2015       2016       2017      complete
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040130019...........................  West Phoenix..........       .074       .071       .077         .074        100        100        100          100
040131003...........................  Mesa..................       .072       .075       .078         .075        100        100        100          100
040131004...........................  North Phoenix.........       .074       .075       .077         .075        100         99        100          100
040131010...........................  Falcon Field..........       .072       .073       .078         .074        100         98         99           99
040132001...........................  Glendale..............       .067       .066       .068         .067         98         99         98           98
040132005...........................  Pinnacle Peak.........       .074       .074       .077         .075         99        100         98           99
040133002...........................  Central Phoenix.......       .071       .070       .071         .070        100        100         99          100
040133003...........................  South Scottsdale......       .068       .070       .070         .069         98         99         99           99
040134003...........................  South Phoenix.........       .070       .067       .072         .069        100        100         99          100
040134004...........................  West Chandler.........       .070       .069       .074         .071        100        100        100          100
040134005...........................  Tempe.................        N/A       .068       .065          N/A         12        100         99           76
040134008...........................  Cave Creek............       .069       .071       .071         .070        100        100         99           99
040134010...........................  Dysart................       .067       .063       .076         .068        100        100         89           95
040134011...........................  Buckeye...............       .060       .059       .070         .063         98         99         91           95
040139508...........................  Humboldt Mtn..........       .073       .072       .074         .073         97        100        100           99
040139702...........................  Blue Point............       .071       .071       .074         .072         99        100         99          100
040139704...........................  Fountain Hills........       .069       .068       .073         .070        100        100         97           99
040139706...........................  Rio Verde.............       .068       .070       .068         .068        100        100         83           92
040139997...........................  JLG Supersite.........       .075       .075       .076         .075         98         94         98           97
040137020...........................  Senior Center.........       .073       .070       .075         .072        100        100         99          100
040137021...........................  Red Mountain..........       .074       .071       .079         .074        100         99         99           99
040137022...........................  Lehi..................       .076       .072       .077         .075        100         99         97           99
040137024...........................  High School...........       .072       .070       .075         .072         96         98         98           98
040213001...........................  AJ Maintenance........       .073       .072       .079         .074         97         97         96           97
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    In the EPA's review of monitoring data for the 2008 ozone standard 
for the Phoenix NAA, the EPA is excluding certain exceedances of the 
standard from the attainment determination presented herein because 
they were the result of exceptional events. ADEQ provided documentation 
supporting requests for concurrence on wildfire ozone exceptional 
events covering a total of 14 exceedances recorded on June 20, 2015, 
and July 7, 2017, at monitors within the Phoenix NAA. The EPA reviewed 
the documentation that ADEQ provided to demonstrate that these 
exceedances meet the criteria for exceptional events under the EPA's 
Exceptional Events Rule.\28\ The EPA concurred with ADEQ's requests for 
determinations that, based on the weight of evidence, the exceedances 
were caused by wildfire ozone exceptional events.\29\ Accordingly, the 
EPA has determined that the monitored exceedances associated with these 
exceptional events should be excluded from use in determinations of 
exceedances and violations, including the evaluation of whether the 
Phoenix NAA has attained by the attainment date in accordance with CAA 
section 181(b)(2)(A).
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    \28\ 40 CFR 50.1(j), (k), (l), (m), (n), (o), (p), (q), (r); 
50.14; 51.930. See also 40 CFR part 50, appendix P, section 1.a, 
(determinations of whether to exclude, retain, or make adjustments 
to the data affected by exceptional events is determined by the 
requirements under 40 CFR 50.1, 50.14 and 51.930).
    \29\ See letters from Elizabeth J. Adams, Director, Air 
Division, EPA Region IX, to Timothy S. Franquist, Director, Air 
Quality Division, ADEQ, dated February 5, 2019, and May 7, 2019.
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    Our proposed determination that the area has attained the 2008 
ozone NAAQS is based in part on our concurrence with ADEQ that the 
exceedances monitored in the Phoenix NAA on June 20, 2015, and July 7, 
2017, were caused by wildfire ozone exceptional events, and our related 
exclusion of these exceedances from the attainment determination.

III. Proposed Action

    The EPA is proposing to determine that the Phoenix NAA has attained 
the 2008 ozone standard by its Moderate area attainment date of July 
20, 2018, based on complete, quality-assured, and certified ambient air 
quality monitoring data for the 2015-2017 monitoring period. Based on 
our proposed finding of attainment by the applicable attainment date, 
we are also proposing to determine that the CAA requirement for the SIP 
to provide for contingency measures to be implemented in the event the 
area fails to attain (``attainment contingency measures'') will no 
longer apply to the Phoenix NAA. Under CAA section 172(c)(9), 
attainment contingency measures must be implemented only if the area 
fails to attain by the attainment date. Therefore, if we finalize the 
determination that the Phoenix NAA has attained the 2008 ozone 
standard, attainment contingency measures for this NAAQS would never be 
required to be implemented, regardless of whether the area continues to 
attain the NAAQS. The State submitted contingency measures as part of 
the Phoenix area 2008 Moderate ozone plan adopted in December 2016. We 
will defer taking any action on these measures in light of this 
proposed finding of attainment by the applicable attainment date and 
resulting

[[Page 27570]]

determination that the attainment contingency measure requirement no 
longer applies to the area. The State may elect to withdraw the 
attainment contingency measures to lift the obligation on the EPA under 
section 110(k) to act on these measures.
    We are not proposing to suspend the attainment-related requirements 
for the Phoenix NAA under 40 CFR 51.1118 at this time because ozone 
monitoring data for 2018 are not consistent with continued attainment 
of the standard in the Phoenix NAA.
    We also note that, if finalized, this proposed determination that 
the Phoenix ozone NAA has attained the 2008 ozone NAAQS would not 
constitute a redesignation of the area to attainment for the 2008 ozone 
standard. Under CAA section 107(d)(3)(E), redesignations to attainment 
require states to meet a number of additional statutory criteria, 
including the EPA's approval of a SIP revision demonstrating 
maintenance of the standard for 10 years after redesignation. The 
designation status of the Phoenix area will remain Moderate 
nonattainment for the 2008 ozone NAAQS until such time as the EPA 
determines that the area meets the CAA requirements for redesignation 
to attainment.

IV. Environmental Justice Considerations

    The EPA believes that this proposed action will not have 
disproportionately high or adverse human health or environmental 
effects on minority, low-income, or indigenous populations.
    The purpose of this rule is to determine whether the Phoenix NAA 
attained the 2008 ozone standard by its Moderate area attainment date, 
which is required under the CAA for purposes of implementing the 2008 
ozone standard. As such, this action does not directly affect the level 
of protection provided for human health or the environment.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This rule does not impose any new information collection burden 
under the PRA not already approved by the OMB.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments, or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, tribes, or the relationship 
between the national government and the states and tribes, or on the 
distribution of power and responsibilities among the various levels of 
government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Four tribes have areas of 
Indian country within or directly adjacent to the Phoenix NAA: Fort 
McDowell Yavapai Nation, Gila River Indian Community, Salt River Pima-
Maricopa Indian Community of the Salt River Reservation, and the Tohono 
O'odham Nation of Arizona. The EPA intends to communicate with 
potentially affected tribes located within or directly adjacent to the 
boundaries of the Phoenix NAA as the agency moves forward in developing 
a final rule.

H. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. The results of this evaluation are contained 
in the section of the preamble titled ``Environmental Justice 
Considerations.''

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.


    Dated: May 31, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-12517 Filed 6-12-19; 8:45 am]
 BILLING CODE 6560-50-P


