[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39343-39347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[AZR91-0003; FRL-5543-6]
Clean Air Act Reclassification; Arizona-Phoenix Area; Carbon
Monoxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this document EPA is making a final finding that the
Phoenix nonattainment area (Maricopa County, Arizona) has not attained
the carbon monoxide (CO) national ambient air quality standards (NAAQS)
by the applicable attainment date in the Clean Air Act (CAA) for
moderate CO nonattainment areas, December 31, 1995. This finding is
based on EPA's review of CO ambient air quality data. As a result of
this finding, the Phoenix area is reclassified as a serious CO
nonattainment area by operation of law. The intended effect of the
reclassification is to allow the State 18 months from the effective
date of this action to submit a new State Implementation Plan (SIP)
demonstrating attainment of the CO NAAQS as expeditiously as practical
but no later than December 31, 2000, the CAA attainment date for
serious areas.
EFFECTIVE DATE: This action is effective on August 28, 1996.
FOR FURTHER INFORMATION CONTACT: Frances Wicher, Mobile Sources
Section, A-2-1, Air and Toxics Division, U.S. Environmental Protection
Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105,
(415) 744-1248.
SUPPLEMENTARY INFORMATION:
I. Background
A. CAA Requirements and EPA Actions Concerning Designation,
Classification and Reclassification
The Clean Air Act Amendments of 1990 (CAA) were enacted on November
15, 1990. Under section 107(d)(1)(C) of the CAA, each carbon monoxide
(CO) area designated nonattainment prior to enactment of the 1990
Amendments, such as the Phoenix Area, was designated nonattainment by
operation of law upon enactment of the 1990 Amendments. Under section
186(a) of the Act, each CO area designated nonattainment under section
107(d) was also classified by operation of law as either ``moderate''
or ``serious'' depending on the severity of the area's air quality
problem. The Maricopa Area was classified as moderate. 40 CFR 81.303.
Moderate CO nonattainment areas were required to attain the CO national
ambient air quality standards (NAAQS) as expeditiously as practicable
but no later than December 31, 1995.
EPA has the responsibility, pursuant to sections 179(c) and
186(b)(2) of the CAA, of determining, within six months of the
applicable attainment date, whether the Phoenix area has attained the
CO NAAQS. Under section 186(b)(2)(A), if EPA finds that the area has
not attained the CO NAAQS, it is reclassified as serious by operation
of law. Pursuant to section 186(b)(2)(B) of the Act, EPA must publish a
document in the Federal Register identifying areas which failed to
attain the standard and therefore must be reclassified as serious by
operation of law. EPA makes attainment determinations for CO
nonattainment areas based upon whether an area has two years (or eight
consecutive quarters) of clean air quality data.
EPA has promulgated two NAAQS for CO: an 8-hour average
concentration and a 1-hour average concentration. Because there were no
violations of the 1-hour standard in the Phoenix area in 1994 and 1995,
this document addresses only the air quality status of the area with
respect to the 8-hour standard.
The reader should consult EPA's Notice of Proposed Rulemaking
(NPRM) for this action for a more detailed discussion of the applicable
CAA requirements, and EPA guidance on those requirements and on the
method of calculating CO NAAQS violations for reclassification
purposes. See 61 FR 21415 (May 10, 1996).
B. Effect of Reclassification
CO nonattainment areas reclassified as serious are required to
submit, within 18 months of the area's reclassification, SIP revisions
providing for attainment of the CO NAAQS as expeditiously as
practicable but no later than December 31, 2000. In addition, the State
must submit a SIP revision that includes: (1) a forecast of vehicle
miles travelled (VMT) for each year before the attainment year and
provisions for annual updates of these forecasts; (2) adopted
contingency measures; and (3) adopted transportation control measures
and strategies to offset any growth in CO emissions from growth in VMT
or number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A),
187(a)(3), 187(b)(2), and 187(b)(1). Finally, upon the effective date
of this reclassification, contingency measures in the moderate area
plan for the Phoenix area must be implemented.
C. Proposed Finding of Failure to Attain
On May 10, 1996 EPA proposed to find that the Phoenix area had
failed to attain the CO NAAQS by the applicable attainment date. 61 FR
21415. This proposed finding was based on CO monitoring data collected
by Maricopa County Environmental Services Department during the years
1994 and 1995. These data demonstrate violations of the CO NAAQS in
both years. For the specific data considered by EPA in making this
proposed finding, see 61 FR 21415.
II. Response To Comments on Proposed Finding
During the public comment period on EPA's proposed finding, the
Agency received a comment only from the Arizona Department of
Environmental Quality (ADEQ). ADEQ expressed its
[[Page 39344]]
concern that CAA section 107(d)(4)(A) (iv) and (v) could be construed
to mean that the Phoenix CO nonattainment area (which currently
includes only the urbanized area of Maricopa County) would be expanded
to include all of the Phoenix metropolitan statistical area (MSA) (the
entire County) upon reclassification to serious and stated that it
supports EPA's interpretation that this requirement applies only to the
initial designation and classification of an area to nonattainment.
CAA section 107(d)(4)(A)(iv) states that, if a carbon monoxide
nonattainment area located in a MSA is classified as serious, the
boundaries of such area are revised by operation of law to include the
entire MSA. A CO area is classified at the time it is designated as
nonattainment either (1) by operation of law on the date of enactment
of the 1990 Clean Air Act Amendments, or (2) after enactment if the
area was designated attainment or unclassifiable but later experiences
NAAQS violations. See section 186 (a)(1) and (b)(1). Therefore, section
107(d)(4)(A)(iv) applies only in these two situations and does not
apply to the reclassification of an already existing nonattainment area
that is based on a failure to attain. As a result, the boundaries of
the Phoenix CO nonattainment area are unaffected by the area's
reclassification to serious.1
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\1\ Even if the boundary expansion provision of section
107(d)(4)(A)(iv) were deemed to apply to reclassified areas, EPA
believes that the State would likely qualify under section
107(d)(4)(A) (iv) and (v) for an exclusion from that requirement.
Section 107(d)(4)(A)(v) allows exclusion of areas in the MSA from
the nonattainment area where the Administrator finds that sources in
the those areas do not contribute significantly to violations of the
NAAQS. Cars represent the most significant contributor to CO
violations in metropolitan Phoenix. Data, however, indicate that
only a very small fraction of cars operating within the metropolitan
area are registered in Maricopa County but outside the current
nonattinment boundaries. Thus, EPA believes the State is likely to
be able to readily show that sources outside the current boundaries
do not contribute significantly to the area's CO violations.
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III. Today's Final Action
EPA is today taking final action to find that the Phoenix area did
not attain the CO NAAQS by December 31, 1995, the CAA attainment date
for moderate CO nonattainment areas. As a result of this finding, the
Phoenix area is reclassified by operation of law as a serious CO
nonattainment area as of the effective date of this document.
IV. Executive Order (EO) 12866
Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to
determine whether regulatory actions are significant and therefore
should be subject to OMB review, economic analysis, and the
requirements of the Executive Order. The Executive Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may meet at least one of the four criteria identified in
section 3(f), including, under paragraph (1), that the rule may ``have
an annual effect on the economy of $100 million or more or adversely
affect, in a material way, the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities.''
The Agency has determined that the finding of failure to attain
finalized today would result in none of the effects identified in
section 3(f). Under section 186(b)(2) of the CAA, findings of failure
to attain and reclassification of nonattainment areas are based upon
air quality considerations and must occur by operation of law in light
of certain air quality conditions. They do not, in-and-of-themselves,
impose any new requirements on any sectors of the economy. In addition,
because the statutory requirements are clearly defined with respect to
the differently classified areas, and because those requirements are
automatically triggered by classifications that, in turn, are triggered
by air quality values, findings of failure to attain and
reclassification cannot be said to impose a materially adverse impact
on State, local, or tribal governments or communities.
V. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic 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.
As discussed in section IV of this document, findings of failure to
attain and reclassification of nonattainment areas under section
186(b)(2) of the CAA do not in-and-of-themselves create any new
requirements. Therefore, I certify that today's final action does not
have a significant impact on small entities.
VI. Unfunded Mandates
Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, EPA
must assess whether various actions undertaken in association with
proposed or final regulations include a Federal mandate that may result
in estimated costs of $100 million or more to the private sector, or to
State, local or tribal governments in the aggregate.
EPA believes, as discussed above, that the finding of failure to
attain and reclassification of the Maricopa Area are factual
determinations based upon air quality considerations and must occur by
operation of law and, hence, do not impose any federal
intergovernmental mandate, as defined in section 101 of the Unfunded
Mandates Act.
VII. Small Business Regulatory Enforcement Fairness Act (SBREFA)
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Carbon monoxide.
Dated: July 12, 1996.
Felicia Marcus,
Regional Administrator.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.303 is amended by revising the table for Arizona--
Carbon Monoxide to read as follows:
Sec. 81.303 Arizona.
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[[Page 39345]]
Arizona--Carbon Monoxide
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Designation Classification
Designated area -------------------------------------------------------------------------------------------------------
Date Type Date Type
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Phoenix Area:
Maricopa County (part)...................... 11/15/90 Nonattainment................ Aug. 28, 1996............... Serious.
Phoenix nonattainment area boundary:
1. Commencing at a point which is the
intersection of the eastern line of Range 7
East, Gila and Salt River Baseline and
Meridian, and the southern line of Township
2 South, said point is the southeastern
corner of the Maricopa Association of
Governments Urban Planning Area, which is
the point of beginning;
2. thence, proceed northerly along the
eastern line of Range 7 East which is the
common boundary between Maricopa and Pinal
Counties, as described in Arizona Revised
Statute Section 11-109, to a point where
the eastern line of Range 7 East intersects
the northern line of Township 1 North, said
point is also the intersection of the
Maricopa County Line and the Tonto National
Forest Boundary, as established by
Executive Order 869 dated July 1, 1908, as
amended and showed on the U.S. Forest
Service 1969 Planimetric Maps;
3. thence, westerly along the northern line
of Township 1 North to approximately the
southwest corner of the southeast quarter
of Section 35, Township 2 North, Range 7
East, said point being the boundary of the
Tonto National Forest and Usery Mountain
Semi-Regional Park;
4. thence, northerly along the Tonto
National Forest Boundary, which is
generally the western line of the east half
of Sections 26 and 35 of Township 2 North,
Range 7 East, to a point which is where the
quarter section line intersects with the
northern line of Section 26, Township 2
North, Range 7 East, said point also being
the northeast corner of the Usery Mountain
Semi-Regional Park;
5. thence, westerly along the Tonto National
Forest Boundary, which is generally the
south line of Section 19, 20, 21 and 22 and
the southern line of the west half of
Section 23, Township 2 North, Range 7 East,
to a point which is the southwest corner of
Section 19, Township 2 North, Range 7 East;
6. thence, northerly along the Tonto
National Forest Boundary to a point where
the Tonto National Forest Boundary
intersects with the eastern boundary of the
Salt River Indian Reservation, generally
described as the center line of the Salt
River Channel;
7. thence, northeasterly and northerly along
the common boundary of the Tonto National
Forest and the Salt River Indian
Reservation to a point which is the
northeast corner of the Salt River Indian
Reservation and the southeast corner of the
Fort McDowell Indian Reservation, as shown
on the plat dated July 22, 1902, and
recorded with the U.S. Government on June
15, 1902;
8. thence, northeasterly along the common
boundary between the Tonto National Forest
and the Fort McDowell Indian Reservation to
a point which is the northeast corner of
the Fort McDowell Indian Reservation;
9. thence, southwesterly along the northern
boundary of the Fort McDowell Indian
Reservation, which line is a common bondary
with the Tonto National Forest, to a point
where the boundary intersects with the
eastern line of Section 12, Township 4
North, Range 6 East.
10. thence, notherly along the eastern line
of Range 6 East to a point where the
eastern line of Range 6 East intersects
with the southern line of Township 5 North,
said line is the boundary between the Tonto
National Forest and the east boundary of
McDowell Mountain Regional Park;
11. thence, westerly along the southern line
of Township 5 North to a point where the
southern line intersects with the eastern
line of Range 5 East which line is the
boundary of Tonto National Forest and the
north boundary of McDowell Mountain
Regional Park;
12. thence, northerly along the eastern line
of Range 5 East to a point where the
eastern line of Range 5 East intersects
with the northern line of Township 5 North,
which line is the boundary of the Tonto
National Forest;
[[Page 39346]]
13. thence, westerly along the northern line
of Township 5 North to a point where the
northern line of Township 5 North
intersects with the easterly line of Range
4 East, said line is the boundary of Tonto
National Forest;
14. thence, northerly along the eastern line
of Range 4 East to a point where the
eastern line of Range 4 East intersects
with the northern line of Township 6 North,
which line is the boundary of the Tonto
National Forest;
15. thence, westerly along the northern line
of Township 6 North to a point of
intersection with the Maricopa-Yavapai
County line, which is generally described
in Arizona Revised Statute Section 11-109
as the center line of the Aqua Fria River
(Also the north end of Lake Pleasant);
16. thence, southwesterly and southerly
along the Maricopa-Yavapai County line to a
point which is described by Arizona Revised
Statute Section 11-109 as being on the
center line of the Aqua Fria River, two
miles southerly and below the mouth of
Humbug Creek;
17. thence, southerly along the center line
of Aqua Fria River to the intersection of
the center line of the Aqua Fria River and
the center line of Beardsley Canal, said
point is generally in the northeast quarter
of Section 17, Township 5 North, Range 1
East, as shown on the U.S. Geological
Survey's Baldy Mountain, Arizona Quadrangle
Map, 7.5 Minute series (Topographic), dated
1964;
18. thence, southwesterly and southerly
along the center line of Beardsley Canal to
a point which is the center line of
Beardsley Canal where it intersects with
the center line of Indian School Road;
19. thence, westerly along the center line
of West Indian School Road to a point where
the center line of West Indian School Road
intersects with the center line of North
Jackrabbit Trail;
20. thence, southerly along the center line
of Jackrabbit Trail approximately nine and
three-quarter miles to a point where the
center line of Jackrabbit Trail intersects
with the Gila River, said point is
generally on the north-south quarter
section line of Section 8, Township 1
South, Range 2 West.
21. thence, northeasterly and easterly up
the Gila River to a point where the Gila
River intersects with the northern
extension of the western boundary of
Estrella Mountain Regional Park, which
point is generally the quarter corner of
the northern line of Section 31, Township 1
North, Range 1 West;
22. thence, southerly along the extension of
the western boundary and along the western
boundary of Estrella Mountain Regional Park
to a point where the southern extension of
the western boundary of Estrella Mountain
Regional Park intersects with the southern
line of Township 1 South;
23. thence, easterly along the southern line
of Township 1 South to a point where the
south line of Township 1 South intersects
with the western line of Range 1 East,
which line is generally the southern
boundary of Estrella Mountain Regional
Park;
24. thence, southerly along the western line
of Range 1 East to the southwest corner of
Section 18, Township 2 South, Range 1 East,
said line is the western boundary of the
Gila River Indian Reservation;
25. thence, easterly along the southern
boundary of the Gila River Indian
Reservation which is the southern line of
Sections 13, 14, 15, 16, 17, and 18,
Township 2 South, Range 1 East, to the
boundary between Maricopa and Pinal
Counties as described in Arizona Revised
Statues Section 11-109 and 11-113, which is
the eastern line of Range 1 East;
26. thence, northerly along the eastern
boundary of Range 1 East, which is the
common boundary between Maricopa and Pinal
Counties, to a point where the eastern line
of Range 1 East intersects the Gila River;
27. thence, southerly up the Gila River to a
point where the Gila River intersects with
the southern line of Township 2 South; and
[[Page 39347]]
28. thence, easterly along the southern line
of Township 2 South to the point of
beginning which is a point where the
southern line of Township 2 South
intersects with the eastern line Range 7
East.
Tuscon Area:
Pima County (part).......................... 11/15/90 Nonattainment................ 11/15/90.................... Not classified.
Township and Ranges as follows: T11-12S, R12-
14E; T13-15S, R11-16E; and T16S, R12-16E
Gila and Salt River Baseline and Meridian
excluding portions of the Saguaro National
Monument and the Coronado National Forest.
Rest of State............................... 11/15/90 Nonclassifiable/............. ............................ ............................
Attainment
Apache County
Cochise County
Coconino County
Gila County
Graham County
Greenlee County
La Paz County
Maricopa County (part)
Area outside Phoenix Area:
Mohave County
Navajo County
Pima County (part)
Area outside Tucson Area:
Pinal County
Santa Cruz County
Yavapai County
Yuma County
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[FR Doc. 96-19194 Filed 7-26-96; 8:45 am]
BILLING CODE 6560-50-P
