[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Rules and Regulations]
[Pages 22132-22135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07907]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0819; FRL-9266-02-R9]


Air Plan Approval; Arizona; Bullhead City; Second 10-Year PM10 
Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Bullhead City portion of the 
Arizona State Implementation Plan (SIP). These revisions concern the 
second 10-year maintenance plan for the Bullhead City area for the 1987 
national ambient air quality standards (NAAQS or ``standards'') for 
particulate matter less than 10 micrometers in diameter 
(PM10).

DATES: This rule will be effective on May 16, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0819. All documents in the docket are 
listed on the https://www.regulations.gov

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website. Although listed in the index, some information is not publicly 
available, e.g., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information. If you need assistance in a language other than English or 
if you are a person with disabilities who needs a reasonable 
accommodation at no cost to you, please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Panah Stauffer, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3247 or by 
email at [email protected].

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

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The EPA has established health-based standards for PM10. 
On July 1, 1987, the EPA promulgated two standards for PM10: 
A 24-hour standard of 150 micrograms per cubic meter ([micro]g/m\3\) 
and an annual PM10 standard of 50 [micro]g/m\3\.\1\ 
Effective December 18, 2006, the EPA revoked the annual PM10 
standard but retained the 24-hour PM10 standard.\2\ In this 
document, references to the PM10 NAAQS or PM10 
standard refer to the 24-hour average standard of 150 [micro]g/m\3\, 
unless otherwise noted.
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    \1\ 52 FR 24634 (July 1, 1987).
    \2\ 71 FR 61144 (October 17, 2006).
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    Under section 107(d) of the Clean Air Act (CAA or ``Act''), the EPA 
is required to designate areas of the country, based on ambient air 
quality data, as attainment, unclassifiable, or nonattainment for each 
NAAQS. Under the CAA Amendments of 1990, the Bullhead City area was 
designated as part of a large ``unclassifiable'' area in Arizona for 
the PM10 NAAQS.\3\ In 1993, in light of PM10 
NAAQS violations monitored in 1989 and 1990, the EPA redesignated the 
Bullhead City area as a ``Moderate'' nonattainment area for the 
PM10 standard.\4\ To meet the SIP planning requirements for 
such areas, state and local agencies adopted and implemented a number 
of control measures to reduce PM10 emissions and lower 
ambient PM10 concentrations in the Bullhead City area, 
including paving of certain unpaved roads. In 2002, the EPA determined 
that the Bullhead City area had attained the PM10 NAAQS by 
the applicable attainment date of December 31, 2000.\5\ The 24-hour 
standard is attained when the expected number of days with levels above 
150 [micro]g/m\3\ (averaged over a 3-year period) is less than or equal 
to one.
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    \3\ For the definition of the Bullhead City maintenance area, 
see 40 CFR 81.303. The Bullhead City maintenance area is located in 
western Arizona. The original nonattainment area was defined by the 
equivalent of approximately six townships covering more than 200 
square miles: T21N, R20-21W, excluding Lake Mead National Recreation 
area; T20N, R20-22W; and T19N, R21-22W, excluding the Fort Mohave 
Indian Reservation. On June 26, 2002, the EPA approved the State's 
request that some areas of undisturbed desert terrain containing no 
industrial or commercial activity be excluded from the Bullhead City 
PM10 planning area (67 FR 43020, 43022). As a result of 
the boundary change, the townships comprising the maintenance area 
include: T21N, R21W, excluding Lake Mead National Recreation Area; 
T20N, R21-22W; and T19N, R22W, excluding the Fort Mohave Indian 
Reservation.
    \4\ 58 FR 67334 (December 21, 1993).
    \5\ 67 FR 7082 (February 15, 2002).
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    Under CAA section 175A, one of the criteria for an area to be 
redesignated from nonattainment to attainment is the approval of a 
maintenance plan. The maintenance plan must, among other requirements, 
ensure control measures are in place such that the area will continue 
to maintain the standard for the period extending 10 years after 
redesignation and include contingency provisions to assure that 
violations of the NAAQS will be promptly remedied.
    In 2002, the Arizona Department of Environmental Quality (ADEQ) 
submitted a maintenance plan, titled ``Bullhead City Moderate Area 
PM10 Maintenance Plan and Request for Redesignation to 
Attainment'' (February 2002) (``First 10-Year LMP'') to the EPA as a 
revision to the Arizona SIP, and requested that the EPA redesignate the 
Bullhead City area to attainment.\6\ The First 10-Year LMP provided for 
maintenance of the PM10 NAAQS in the Bullhead City area for 
10 years after redesignation. On June 26, 2002, the EPA approved the 
First 10-Year LMP for the Bullhead City area as providing for 
maintenance through 2012.\7\
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    \6\ ADEQ, Bullhead City Moderate Area PM10 
Maintenance Plan and Request for Redesignation to Attainment, 
February 2002.
    \7\ 67 FR 43020.
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    CAA section 175A(b) requires states to submit an additional SIP 
revision to maintain the NAAQS for 10 years after the expiration of the 
10-year period covered by the initial maintenance plan approved in 
connection with the redesignation of the area from nonattainment to 
attainment. On May 24, 2012, ADEQ submitted a second 10-year 
maintenance plan, titled ``Limited Maintenance Plan Update for the 
Bullhead City PM10 Maintenance Area'' (May 2012) (``Second 
10-Year LMP''), to meet the requirement for the subsequent maintenance 
plan under CAA section 175A(b). The Second 10-Year LMP is intended to 
provide for continued maintenance of the PM10 NAAQS for the 
10-year period following the end of the first 10-year period, i.e., 
through June 2022.
    Consistent with the requirements at the time, the First 10-year LMP 
provided for maintenance of both the 24-hour average and annual average 
PM10 NAAQS. However, because the EPA has revoked the annual 
average PM10 NAAQS, the Second 10-Year LMP addresses only 
maintenance of the 24-hour PM10 NAAQS.
    On December 9, 2021, the EPA proposed to approve as a revision to 
the Arizona SIP the Second 10-Year LMP submitted by ADEQ on May 24, 
2012, for the Bullhead City area.\8\ The EPA proposed to approve this 
plan based on the conclusion that it adequately provides for continued 
maintenance of the PM10 NAAQS in the Bullhead City area 
through 2022 and thereby meets the requirements for subsequent 
maintenance plans under section 175A of the Act. Our proposed action 
contains more information on the plan and our evaluation.
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    \8\ 86 FR 70071.
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II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received two comments. Both comments were 
supportive of our proposed action and do not require a response. The 
comments are available for viewing in the docket for this rulemaking.

III. Final Action

    No comments were submitted that change our assessment of the Second 
10-Year LMP as described in our proposed action. Therefore, as 
authorized in section 110(k)(3) of the Act, the EPA is taking final 
action to approve as a revision to the Arizona SIP the Second 10-Year 
LMP for the Bullhead City area for the PM10 NAAQS. The EPA 
is approving this plan based on the conclusion that it adequately 
provides for continued maintenance of the PM10 NAAQS in the 
Bullhead City area through 2022 and thereby meets the

[[Page 22134]]

requirements for subsequent maintenance plans under section 175A of the 
Act. The effect of this action is to make the State's continuing 
commitments federally enforceable for the second 10-year maintenance 
period with respect to maintenance of the PM10 NAAQS in the 
Bullhead City area. These commitments include continued monitoring; 
continued implementation of control measures that were responsible for 
bringing the area into attainment; preparation and submittal of annual 
reports; consideration and implementation of contingency measures, as 
necessary; and submittal of a full maintenance plan if contingency 
measures fail to provide the required remedy.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 13, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 7, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C 7401 et seq.

Subpart D--Arizona

0
2. Section 52.120, paragraph (e), Table 1, is amended by adding under 
the heading ``Part D Elements and Plans (Other than for the 
Metropolitan Phoenix or Tucson Areas)'' an entry for ``Limited 
Maintenance Plan Update for the Bullhead City PM10 
Maintenance Area (May 2012)'' after the entry for ``San Manuel Sulfur 
Dioxide Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient 
Air Quality Standards (April 2017)'' to read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (e) * * *

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                       Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
       [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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                                   Applicable
                                  geographic or
     Name of SIP provision        nonattainment      State  submittal      EPA approval         Explanation
                                 area or title/            date                date
                                     subject
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                                                  * * * * * * *
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               Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
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                                                  * * * * * * *
Limited Maintenance Plan        Bullhead City     May 24, 2012.........  04/14/2022,       Enclosure 1 includes
 Update for the Bullhead City    PM10 Air                                 [Insert Federal   Arizona's statutory
 PM10 Maintenance Area (May      Quality                                  Register          authority
 2012).                          Planning Area.                           citation].        provisions.
                                                                                            Enclosure 2 is
                                                                                            ADEQ's completeness
                                                                                            checklist. Enclosure
                                                                                            4 includes the
                                                                                            public process
                                                                                            documentation.
                                                                                            Submitted by the
                                                                                            Arizona Department
                                                                                            of Environmental
                                                                                            Quality on May 24,
                                                                                            2012. Fulfills
                                                                                            requirements for
                                                                                            second 10-year
                                                                                            maintenance plan.
 
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
  (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
  Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.

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[FR Doc. 2022-07907 Filed 4-13-22; 8:45 am]
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