[Federal Register Volume 59, Number 138 (Wednesday, July 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17690]
[[Page Unknown]]
[Federal Register: July 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5013-8]
Redesignation of the Yavapai-Apache Reservation to a PSD Class I
Area; State of Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of public comment period.
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SUMMARY: The purpose of this action is to extend the period for public
comment on the request by the Yavapai-Apache Tribal Council to
redesignate the Yavapai-Apache Reservation (``the Reservation'') in the
State of Arizona to Class I under EPA's regulations for prevention of
significant deterioration of air quality. The Class I designation will
result in lowering the allowable increases in ambient concentrations of
particulate matter, sulfur dioxide, and nitrogen dioxide on the
Reservation.
DATES: Comments must be received on or before August 22, 1994.
ADDRESSES: Written comments should be addressed to: Jessica Gaylord,
Air and Toxics Division (A-5-1), U.S. Environmental Protection Agency,
75 Hawthorne Street, San Francisco, CA 94105-3901.
Supporting information used in developing the proposed rule and
materials submitted to EPA relevant to the proposed action are
available for public inspection and copying at the docket address
listed above during normal business hours. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Jessica Gaylord, Air and Toxics
Division (A-5-1), U.S. EPA, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105-3901, (415) 744-1256.
SUPPLEMENTARY INFORMATION: Part C of the Clean Air Act (``the Act'')
provides for the prevention of significant deterioration (PSD) of air
quality. The intent of this part is to prevent deterioration of
existing air quality, particularly in areas considered to be pristine.
The Act provides for three basic classifications applicable to all
lands of the United States. Associated with each classification are
increments which represent the maximum allowable increase in ambient
air pollutant concentrations above a baseline concentration. A Class I
designation is the most protective of the three classifications, with
the lowest amount of allowable increases in pollutant concentrations.
Class II applies to areas in which pollutant increases accompanying
moderate growth would be allowed. Class III applies to those areas in
which considerably more air quality deterioration would be considered
acceptable.
Section 164 of the Act and the federal regulations set forth at 40
CFR 52.21(g) contain the procedural requirements for redesignation of
areas under the PSD program. The Act provides that lands within the
exterior boundaries of reservations of federally recognized Indian
tribes may be redesignated only upon request by the appropriate Indian
Governing Body. Under section 164(b)(2) and 40 CFR 52.21(g)(5), EPA may
disapprove a request for redesignation only if it finds, after notice
and opportunity for hearing, that the redesignation request does not
meet the procedural requirements of section 164 and 40 CFR 52.21(g).
On December 17, 1993, the Yavapai-Apache Tribal Council (herein
referred to as ``the Tribal Council'') submitted to EPA a request to
redesignate the Yavapai-Apache Reservation from Class II to Class I.
EPA reviewed this request and determined that it met the procedural
requirements of Section 164 of the Act and 40 CFR 52.21(g). On April
18, 1994, EPA published a notice of proposed rulemaking in the Federal
Register which proposed to approve the request and solicited public
comment regarding whether the Tribal Council had met the procedural
requirements. 59 FR 18346. Please refer to this Federal Register notice
for further information regarding this proposed rulemaking.
EPA held a public hearing on the request for redesignation on June
22, 1994. Following the public hearing, a request to extend the public
comment period was made. By this notice, the public comment period is
extended to August 22, 1994. The public is invited to comment on
whether the Tribal Council has met all the procedural requirements of
section 164 of the Act and 40 CFR 52.21(g). Comments should be
submitted to the address listed in the ADDRESSES section of this
document. Public comments received by August 22, 1994 will be
considered in the final rulemaking action taken by EPA.
Administrative Review
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et.
seq., EPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities. 5 U.S.C.
sections 603 and 604. Alternatively, EPA may certify that the rule will
not have a significant impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises and government entities with jurisdiction over populations
of less than 50,000. The proposed action affects only major stationary
sources, as defined by 40 CFR 52.21, will not result in any additional
requirements for small entities. Therefore, I certify that this action
does not have a significant impact on a substantial number of small
entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401-7642.
Dated: July 7, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-17690 Filed 7-19-94; 8:45 am]
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