Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Arizona, 11553-11560 [05-4585]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of March
11, 2005. EPA will submit 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 United
States prior to publication of the rule in
the Federal Register. This correction to
40 CFR 52.52.2520(e) for West Virginia
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, recordkeeping and reporting
requirements, Sulfur oxides.
Dated: February 28, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
Accordingly, the amendment to 40
CFR 52.2520 published in the Federal
Register on January 10, 2005 (70 FR
1668), which was to become effective on
March 11, 2005, is withdrawn, and 40
CFR part 52 is amended as follows:
I
Name of non-regulatory SIP revision
Applicable geographic area
*
Sulfur Dioxide Maintenance Plan.
*
*
*
City of Weirton; Butler and Clay Magisterial District (Hancock County).
[FR Doc. 05–4473 Filed 3–8–05; 8:45 am]
BILLING CODE 6560–50–P 0
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[AZ104–0083; FRL–7875–2]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Arizona
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving the
Maricopa Association of Governments
(MAG) serious area carbon monoxide
(CO) state implementation plan (SIP) for
the Maricopa County CO nonattainment
area, also referred to as ‘‘the
metropolitan Phoenix area’’, as meeting
the Clean Air Act (CAA) requirements
for serious CO nonattainment areas. We
are also approving the MAG CO
Redesignation Request and Maintenance
Plan for the Maricopa County CO
nonattainment area as meeting CAA
requirements for redesignation requests
and maintenance plans. In addition, we
are making a boundary change under
Section 107 of the CAA to take the Gila
River Indian Community (GRIC) out of
the Maricopa County maintenance area.
The portion of the Gila River Indian
Community which is currently in the
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
State submittal
date
7/27/04
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry at the
end of the table for the Sulfur Dioxide
Maintenance Plan, City of Weirton;
Butler and Clay Magisterial District
(Hancock County) to read as follows:
I
§ 52.2520
*
Identification of plan.
*
*
(e) * * *
*
*
*
The SIP-effective date is
3/11/05.
FOR FURTHER INFORMATION CONTACT:
Wienke Tax, Office of Air Planning, U.S.
Environmental Protection Agency,
Region 9, (520) 622–1622, e-mail:
tax.wienke@epa.gov, or refer to https://
www.epa.gov/region09/air/phxco/
index.html.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean U.S. EPA.
Sfmt 4700
Authority: 42 U.S.C. 7401 et seq.
*
*
01/10/05 70 FR 1664 ....
This document, our proposed rule
which was published in the Federal
Register on October 8, 2004, and the
technical support document (TSD) are
also available as electronic files on
EPA’s Region 9 Web page at https://
www.epa.gov/region09/air/phxco/
index.html.
Fmt 4700
1. The authority citation for part 52
continues to read as follows:
I
Additional explanation
Electronic Availability
Frm 00019
PART 52—[AMENDED]
EPA approval date
Maricopa County CO nonattainment
area will be ‘‘unclassifiable/attainment’’
for CO, and will not be subject to the
MAG CO Redesignation Request and
Maintenance Plan.
DATE: Effective Date: This rule is
effective April 8, 2005.
ADDRESSES: Copies of the documents
relevant to this action are available for
public inspection during normal
business hours at EPA Region 9’s Air
Planning Office (AIR–2), 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Due to increased security, we suggest
that you call at least 24 hours prior to
visiting the Regional Office so that we
can make arrangements to have
someone meet you.
PO 00000
11553
Table of Contents
I. Summary of EPA’s Final Action
II. Response to Comments
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
I. Summary of EPA’s Final Action
On October 8, 2004 (69 FR 60328), we
published a notice of proposed
rulemaking for the State of Arizona. The
notice proposed approval of revisions to
the SIP for the Maricopa County CO
nonattainment area. These revisions to
the SIP were adopted by the Arizona
Department of Environmental Quality
(ADEQ). Today, we are finalizing our
proposal to approve the MAG serious
area SIP for attainment of the CO air
quality standard in the Maricopa County
area. This action is based on our
determination that this SIP complies
with the CAA’s requirements for
attaining the CO standard in serious CO
nonattainment areas such as the
metropolitan Phoenix area.
We are also approving the MAG CO
Redesignation Request and Maintenance
Plan for the Maricopa County CO
nonattainment area as meeting CAA
requirements for redesignation requests
and maintenance plans.
We are also making a boundary
correction under Section 107 of the
CAA for the Gila River Indian
Community.
II. Response to Comments
We received three comments (two via
electronic mail (e-mail) and one written
letter) during the official comment
E:\FR\FM\09MRR1.SGM
09MRR1
11554
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
period for the October 8, 2004, proposal.
Two comments were dated October 19,
2004, and one comment was dated
November 8, 2004. In addition to these
comments, we received three e-mails
submitted after signature but prior to
publication of the proposal in the
Federal Register, two on September 22
and one on September 24, 2004. Since
these e-mails raise the same issues as
the comments submitted after
publication, we discuss and respond to
all of them below. The September 24,
2004, e-mail was submitted directly to
EPA Administrator Michael Leavitt’s
office and was referred to EPA Region
9 for a response. We determined that the
correspondence should be treated as
public comment, and respond to it here.
(This commentor also sent comments
directly to Region 9 on September 22
and 24, 2004). We also received a letter
of support from ADEQ regarding the
boundary change for the Gila River
Indian Community. We respond to the
comments below in the order we
received them.
E-Mails Submitted to EPA Prior to the
Public Comment Period
We received three e-mails before the
October 8 publication of the proposed
action—two on September 22, and one
on September 24 to Administrator
Leavitt. These e-mails, however, solely
raise issues unrelated to the action being
taken by EPA.
Comment. The first e-mail received on
September 22 stated that the Central
Phoenix light rail project will increase
the production of air pollutants due to
the prohibition of left turns from certain
streets where the trolley tracks will
exist. The e-mail refers to an ‘‘Air
Quality Technical Report’’, and states
that 75 percent of the vehicles in the
Phoenix vehicle mix will be cars, and 20
percent will be light trucks. This e-mail
also refers to a ‘‘New Starts Report for
2004’’, dated December 2003. This
report appears to refer to the projected
use of the light rail trains.
Response. Our action in this notice
will not have any impact whatsoever on
the Central Phoenix light rail project.
Comment. This e-mail also states that
the Phoenix area is not in conformity
with ozone and PM–10 standards, and
that the growth in VMT has exceeded
population growth.
Response. Our action today only
concerns carbon monoxide, not ozone or
PM–10. Our approval is based on both
monitored data indicating no violations
of the CO standard in the past seven
years and modeling which indicates no
expected violations of the CO standard
to the year 2015. While growth in VMT
has exceeded population growth in
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
Phoenix and other fast-growing
metropolitan areas, tailpipe emissions
standards at the national level and the
use of cleaner-burning fuels and other
emissions control measures at the local
level have reduced CO emissions
sufficiently to attain and maintain
Federal ambient air quality standards.
Comment. The e-mail refers to the
Final Environmental Impact Statement
(FEIS), stating that the FEIS shows that
the light rail project will not reduce
traffic congestion or the production of
air pollutants in the light rail corridor.
This e-mail comments that ISTEA and
TEA–21 legislation call for making
transit more efficient, and the
commenter does not believe the Phoenix
light rail will increase speeds in the
light rail corridor, and will not yield
much farebox revenue when compared
to the cost of moving light rail
passengers.
Response. Our action today concerns
the MAG serious area CO SIP for the
Maricopa County CO nonattainment
area and the MAG CO Redesignation
Request and Maintenance Plan for the
Maricopa County CO nonattainment
area. The FEIS for the Phoenix light rail
project is completely unrelated to this
action.
Comment. The second e-mail from
September 22 states that while MAG
reports no violations of the CO standard
since 1996, the most recent statistics
haven’t been applied to air quality
modeling, and that the light rail trolley
hasn’t been properly factored in.
Response. The Maricopa County CO
nonattainment area has monitored clean
data every year between 1996 and 2003.
This fact was reflected in our finding of
attainment published on September 22,
2003, for the Maricopa County CO
nonattainment area (see 68 FR 55008).
MAG’s transportation and emissions
modeling includes the implementation
of light rail.1
Comment. The e-mail which was sent
to EPA Administrator Leavitt on
September 24 states that there is no
reason to believe that the air quality in
the Phoenix area currently conforms to
Federal standards for CO.
Response. Monitoring data gathered
by ADEQ and Maricopa County indicate
that the Maricopa County CO
nonattainment area has not had a
violation of the CO standard since 1996.
The area is now in attainment for the
CO Federal health-based standard for
CO, based on data from the years 1999
and 2000. We noted this in our finding
1 Telephone conversation with Cathy Arthur,
Maricopa Association of Governments, November
19, 2004.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
of attainment (see 68 FR 55008, page
55009, 3rd column).
Comment. The September 24 e-mail
also states that our finding of attainment
of the CO standard for the Maricopa
County nonattainment area (68 FR
55008) reflects only data through 1999.
Response. The finding of attainment
was based on monitoring data from the
years 1999 and 2000 because 2000 was
the attainment year for the Maricopa
County serious CO nonattainment area.
(See 68 FR 55008, September 22, 2003.)
Section 179(c)(1) of the Clean Air Act
provides that attainment determinations
are to be based upon an area’s ‘‘air
quality as of the attainment date’’.
Monitoring data gathered by ADEQ and
Maricopa County since that time
indicate that the Maricopa County CO
nonattainment area has not had a
violation of the CO standard since 1996,
so current data have been reviewed and
taken into account in our action today.
Comment. The September 24 e-mail
questions how the CO standard can be
met given the rapid increase in
population and an even faster increase
in VMT in the Maricopa County
nonattainment area. The e-mail states
that Maricopa County’s population has
been increasing 45 percent every 10
years in recent decades.
Response. MAG’s data estimate about
a 32 percent increase in population
between 2004 and 2015. As indicated in
the Appendix to the MAG CO
Redesignation Request and Maintenance
Plan, while VMT doubles between 1995
and 2015, CO emissions decrease.
MAG’s models properly account for the
growth in VMT.
E-Mails Submitted to EPA During the
Public Comment Period
Comment. The first e-mail dated
October 19, 2004, asks how it can be
possible to reduce CO emissions by half
by 2015 assuming 1.2 million additional
residents, 700,000–800,000 more
vehicles, and additional airplanes and
diesel trucks in the Phoenix
metropolitan area.
Response. MAG’s modeling estimates
a 14 percent reduction in CO between
1994 and 2015 and is sufficient to
maintain the ambient air quality
standard for CO. Tier 2 emissions
standards, cleaner burning gasoline, and
other measures provide reductions
which outweigh the increases in
emissions due to vehicle miles
travelled.
Comment. The first October 19 e-mail
refers to a Draft Environmental Impact
Statement (DEIS) in an air quality
conformity report.
Response. This comment is not
relevant to today’s action.
E:\FR\FM\09MRR1.SGM
09MRR1
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
Comment. This same e-mail
questioned the CO reductions attributed
to oxidants and sulfur in fuel, again in
a DEIS.
Response. It is not clear which project
DEIS is referred to by the commenter.
MAG used the MOBILE6 model, which
is the model EPA requires all states
except California to use for SIP
development. The MOBILE model
accounts for fuel properties such as
oxidants and sulfur, and reduces the
effects of oxidants on CO emissions over
time. Most newer cars are equipped
with electronic fuel injection systems
that generally automatically compensate
for the proper air-to-fuel mixture to
reduce CO emissions.
Comment. This same e-mail refers to
a ‘‘new standard for CO’’ that requires
an 8-hour test, and refers to calm days
in the summer when CO could be a
problem.
Response. There is no new standard
for CO; we assume the comment refers
to the new 8-hour ozone standard. CO
tends to be a wintertime problem, and
CO emissions do not tend to be high in
the summer.
Comment. The letter we received on
October 19 via U.S. Mail questioned our
proposed boundary change for the Gila
River Indian Reservation. This letter
indicated that the Gila River Indian
Community is planning a large truck
stop along the Reservation border with
the Phoenix metropolitan area, as well
as substantial development along the
northern border of the reservation.
Response. Our proposal to change the
boundary of the Phoenix CO
maintenance area to remove GRIC was
based on monitored air quality data,
current emissions levels and sources,
and planning considerations. The
commenter has not provided any
reliable facts about development on the
Gila River Indian Reservation that
would affect ambient CO concentrations
to a degree sufficient to violate the
NAAQS. In particular, diesel trucks
idling at a truck stop would emit
primarily particulate matter (PM) and
nitrogen oxides, not CO. GRIC
Department of Environmental Quality
staff have indicated they are looking
into truck stop electrification to reduce
the impacts of idling trucks.2
Comment. The October 19 letter also
questioned whether EPA established air
quality monitoring stations on the
Reservation or whether we relied on
data from the GRIC. The e-mail asserts
that the monitors and data were
distorted for the purpose of attaining the
boundary change.
2 Telephone conservation with Janet Travis, GRIC
DEQ, December 2, 2004.
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
Response. The commenter has
provided only speculation, without any
reliable facts to substantiate the claim.
Comment. Finally, the October letter
asserts that the entire premise of a status
change is faulty and biased.
Response. As stated earlier, the
commenter has provided only
speculation, without any reliable facts
to substantiate the claim.
Comment. The e-mail dated
November 8 asserts that MAG’s
Transportation Improvement Program
(TIP) and Long Range Transportation
Plan (LRTP) are deficient and not
worthy of CO redesignation. The e-mail
also raises a concern that the public
needs to be protected in fast-growing
areas like Maricopa County, and states
that CMAQ funding should not be used
for the Central Phoenix Light Rail
Project.
Response. This comment raises issues
unrelated to EPA’s action. Our proposed
approval of MAG’s CO redesignation
request and maintenance plan is an
action on MAG’s SIP revision, not on
the TIP or LRTP. MAG has
demonstrated through air quality
modeling that the Maricopa County CO
nonattainment area will stay below
federal air quality standards until 2015.
In this way, public health will be
protected.
Regarding CMAQ funding, while EPA
may review and comment on CMAQ
funding proposals, final funding
decisions are made by other agencies.
Comment. The November 8 e-mail
also states that MAG uses flawed and
old models, referring to the base year
1994 inventory which MAG used, EPA’s
MOBILE6 model, and the CO Complex
model. This e-mail also states that
oxygenated fuels increase aldehydes.
Response. While MAG used a base
year 1994 inventory, the redesignation
request and maintenance plan also
contains emissions inventories for 1998,
1999, 2006, and 2015. We have
reviewed these inventories and have
found them to be complete, accurate,
and current. EPA’s MOBILE6 model is
the model required to be used by all
states except California for SIP
development. Studies of air toxics from
sources such as gasoline are currently
underway at the national level, but there
is currently no health standard for
aldehydes.
Comment. This same e-mail states
that the rapid growth in the MAG region
will increase VMT, and that MAG’s
computer models do not properly
incorporate these factors.
Response. As indicated in the
Appendix to the MAG CO
Redesignation Request and Maintenance
Plan, while VMT doubles between 1995
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
11555
and 2015, CO emissions decrease.
MAG’s models properly account for this
growth in VMT.
III. EPA’s Final Action
In today’s action, we are approving
the MAG Serious Area CO SIP for the
Maricopa County CO nonattainment
area and the MAG CO Redesignation
Request and Maintenance Plan for the
Maricopa County CO nonattainment
area. We have evaluated the submitted
SIP revisions and have determined that
they are consistent with the CAA and
EPA regulations.
We are approving the following
elements of the Revised 1999 CO Plan
for the metropolitan Phoenix area and
the MAG CO Redesignation Request and
Maintenance Plan into the Arizona SIP:
1. 1990 base year and 1993 and 1996
periodic emission inventories as
required by sections 172(c)(3) and
187(a)(5).
2. Demonstration that the plan
provides for the implementation of
reasonably available control measures
including transportation control
measures under sections 172(c)(1) and
187(b)(2);
3. Demonstration of attainment by
December 31, 2000, under section
187(a)(7);
4. Demonstration of reasonable further
progress under sections 172(c)(2) and
187(a)(7);
5. Contingency measures under
sections 172(c)(9) and 187(a)(3);
6. Forecasts of vehicle miles traveled
and provisions for annual tracking and
reporting under section 187(a)(2)(A);
7. Transportation control measures as
necessary to offset growth in emissions
under section 187(b)(2);
8. Attainment year and projected
emissions inventories under section
175A;
9. Air quality monitoring
requirements under section 110(a)(2)
and section 172(c)(7);
10. CO motor vehicle emissions
budgets for transportation conformity
under section 176(c) for the attainment
demonstration and the maintenance
plan for the years 2000, 2006 and 2015
under the transportation conformity
rule, 40 CFR part 93, subpart A;
12. Demonstration of maintenance
under section 175A(a) and a fullyapproved maintenance plan under
section 175A;
13. Maintenance plan contingency
measures under section 175A(d);
14. Commitment for subsequent
maintenance plan revisions under
section 175A(b);
15. Redesignation of that portion of
the Gila River Indian Reservation that is
now within the nonattainment area to
‘‘nonclassifiable/attainment’; and
E:\FR\FM\09MRR1.SGM
09MRR1
11556
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
16. A determination that the
improvement in air quality in the
Maricopa County nonattainment area is
due to permanent and enforceable
reductions in emissions resulting from
the implementation of the applicable
implementation plan, implementation
of applicable Federal air pollution
control regulations, and other
permanent and enforceable reductions.
We have previously approved the
principal control measures relied on for
attainment and contingency measures in
the Revised 1999 CO Plan, including the
area’s enhanced inspection and
maintenance program (required by
section 187(a)(6)), oxygenated gasoline
program (required by sections 187(b)(3)
and 211(m)), and woodburning
curtailment regulations. See 68 FR 2912,
69 FR 10161, 64 FR 60678 and 67 FR
52416.
Nothing in this action should be
construed as permitting or allowing or
establishing a precedent for any future
implementation plan. Each request for
revision to a state implementation plan
shall be considered separately in light of
specific technical, economic, and
environmental factors and in relation to
relevant statutory and regulatory
requirements.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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).
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ are defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
Under section 5(b) of Executive Order
13175, EPA may not issue a regulation
that has tribal implications, that
imposes substantial direct compliance
costs, and that is not required by statute,
unless the Federal government provides
the funds necessary to pay the direct
compliance costs incurred by tribal
governments, or EPA consults with
tribal officials early in the process of
developing the proposed regulation.
Under section 5(c) of Executive Order
13175, EPA may not issue a regulation
that has tribal implications and that
preempts tribal law, unless the Agency
consults with tribal officials early in the
process of developing the proposed
regulation.
EPA has concluded that this final rule
may have tribal implications. EPA’s
action will remove the Gila River Indian
Community from the Phoenix CO
maintenance area. However, it will
neither impose substantial direct
compliance costs on tribal governments,
nor preempt State law. Thus, the
requirements of sections 5(b) and 5(c) of
the Executive Order do not apply to this
rule.
Consistent with EPA policy, EPA
nonetheless consulted with
representatives of tribal governments
early in the process of developing this
regulation to permit them to have
meaningful and timely input into its
development. Representatives of tribal
governments approached EPA two years
ago and requested that EPA make this
boundary change. We agree with the
technical and policy rationale the tribe
provided, and believe that all tribal
concerns have been met. Moreover, in
the spirit of Executive Order 13175, and
consistent with EPA policy to promote
communications between EPA and
tribal governments, EPA specifically
solicited comment on the proposed rule
from tribal officials.
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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. EPA will submit 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 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 May 9, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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
E:\FR\FM\09MRR1.SGM
09MRR1
11557
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental regulations,
Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 3, 2005.
Wayne Nastri,
Regional Administrator, Region 9.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
1. Section 52.120 is amended by
adding paragraphs (c)(118) and (c)(119)
to read as follows:
I
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(118) The following plan was
submitted on March 30, 2001, by the
Governor’s designee.
(i) Incorporation by reference.
(A) Arizona Department of
Environmental Quality.
(1) Revised MAG 1999 Serious Area
Carbon Monoxide Plan for the Maricopa
County Nonattainment Area, dated
March 2001, adopted by the Arizona
Department of Environmental Quality
on March 30, 2001.
(119) The following plan was
submitted on June 16, 2003, by the
Governor’s designee.
(i) Incorporation by reference.
(A) Arizona Department of
Environmental Quality.
(1) MAG Carbon Monoxide
Redesignation Request and
Maintenance Plan for the Maricopa
County Nonattainment Area and
Appendices, dated May 2003, adopted
by the Arizona Department of
Environmental Quality on June 16,
2003.
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart C—[Amended]
2. In § 81.303, the table entitled
‘‘Arizona—Carbon Monoxide’’ is
amended by revising the entry for the
Phoenix Area to read as follows:
I
§ 81.303
*
*
Arizona.
*
*
*
ARIZONA—CARBON MONOXIDE
Designation
Classification
Designated area
Date
Phoenix Area:
Maricopa County (part) ....................................................
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,
except that portion in the Gila River Indian Reservation;
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, except that portion in the Gila River Indian Reservation;
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, National Forest and Usery Mountain
Semi-Regional Park, except that portion in the Gila
River Indian Reservation;
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, except that portion in the Gila
River Indian Reservation;
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
PO 00000
Frm 00023
Type
4/8/2005
Fmt 4700
Date
Attainment.
Sfmt 4700
E:\FR\FM\09MRR1.SGM
09MRR1
Type
11558
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
ARIZONA—CARBON MONOXIDE—Continued
Designation
Classification
Designated area
Date
Type
Date
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, except that portion in the Gila River Indian Reservation;
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, except that
portion in the Gila River Indian Reservation;
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, except that portion in the Gila River
Indian Reservation;
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, except that portion in the Gila River Indian
Reservation;
9. thence, southwesterly along the northern boundary of
the Fort McDowell Indian Reservation, which line is a
common boundary 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, except that portion in the Gila River Indian Reservation.
10. thence, northerly 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, except that portion in the
Gila River Indian Reservation;
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,
except that portion in the Gila River Indian Reservation;
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, except that portion in the Gila River Indian Reservation;
13. thence, westerly along the northern line of Township
5 North to a point where the northern line of Township 5 North intersects 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, except that portion
in the Gila River Indian Reservation;
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, except that portion in the Gila River Indian Reservation;
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
E:\FR\FM\09MRR1.SGM
09MRR1
Type
11559
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
ARIZONA—CARBON MONOXIDE—Continued
Designation
Classification
Designated area
Date
Type
Date
15. thence, westerly along the northern line of Township
6 North to a point of intersection with the MaricopaYavapai 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), except that portion in the Gila River
Indian Reservation;
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, except that portion in the Gila River Indian
Reservation;
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, except that portion in the Gila
River Indian Reservation;
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, except that
portion in the Gila River Indian Reservation;
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, except that portion in the Gila
River Indian Reservation;
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, except that portion
in the Gila River Indian Reservation;
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, except that
portion in the Gila River Indian Reservation;
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, except that portion in the Gila
River Indian Reservation;
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, except that portion
in the Gila River Indian Reservation;
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, except
that portion in the Gila River Indian Reservation;
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
E:\FR\FM\09MRR1.SGM
09MRR1
Type
11560
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
ARIZONA—CARBON MONOXIDE—Continued
Designation
Classification
Designated area
Date
Type
Date
Type
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, except that portion in the Gila River Indian Reservation;
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, except that portion in the Gila River Indian
Reservation;
27. thence, southerly up the Gila River to a point where
the Gila River intersects with the southern line of
Township 2 South; and
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, except that
portion in the Gila River Indian Reservation.
*
*
*
*
*
*
*
*
[FR Doc. 05–4585 Filed 3–8–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 122
[OW–2002–0068; FRL–7882–2]
RIN 2040–AE71
Extension of National Pollutant
Discharge Elimination System
(NPDES) Permit Deadline for Storm
Water Discharges for Oil and Gas
Activity That Disturbs One to Five
Acres
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: Today’s action postpones
until June 12, 2006, the requirement to
obtain National Pollutant Discharge
Elimination System (NPDES) storm
water permit coverage for oil and gas
construction activity that disturbs one to
five acres of land. This is the second
postponement promulgated by EPA for
these activities. This postponement will
allow the Agency additional time to
complete its analysis of the issues raised
by stakeholders about storm water
runoff from construction activities at oil
and gas sites and of practices and
methods for controlling these storm
water discharges to mitigate impacts on
VerDate jul<14>2003
17:19 Mar 08, 2005
Jkt 205001
*
*
water quality, as appropriate. Within six
months of today’s action, EPA intends
to publish a notice of proposed
rulemaking in the Federal Register for
addressing these discharges and to
invite public comments.
DATES: This final rule is effective on
March 9, 2005.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. OW–2002–0068. All documents in
the docket are listed in the EDOCKET
index at https://www.epa.gov/edocket.
Although listed in the index, some
information is not publicly available,
i.e., confidential business information 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 either
electronically in EDOCKET or in hard
copy at the Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Water Docket is (202)
566–2426.
FOR FURTHER INFORMATION CONTACT: Jeff
Smith, Office of Wastewater
Management, Office of Water,
Environmental Protection Agency
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
*
*
(4203M), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (202) 564–0652; fax number:
(202) 564–6431; e-mail address:
smith.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Affected Entities
Entities potentially affected by this
action include operators of construction
activities disturbing at least one acre,
but less than five acres of land at oil and
gas sites, North American Industrial
Classification System (NAICS) codes
and titles: 211—Oil and Gas Extraction,
213111—Drilling Oil and Gas Wells,
and 213112—Support Activities for Oil
and Gas Operations.
This description is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. This description
identifies the types of entities that EPA
is now aware could potentially be
affected by this action. Other types of
entities not identified could also be
affected. To determine whether your
facility or company is affected by this
action, you should carefully examine
the applicability criteria in 40 CFR
122.26(b)(15) and (e)(8). If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11553-11560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4585]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[AZ104-0083; FRL-7875-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the Maricopa Association of Governments (MAG)
serious area carbon monoxide (CO) state implementation plan (SIP) for
the Maricopa County CO nonattainment area, also referred to as ``the
metropolitan Phoenix area'', as meeting the Clean Air Act (CAA)
requirements for serious CO nonattainment areas. We are also approving
the MAG CO Redesignation Request and Maintenance Plan for the Maricopa
County CO nonattainment area as meeting CAA requirements for
redesignation requests and maintenance plans. In addition, we are
making a boundary change under Section 107 of the CAA to take the Gila
River Indian Community (GRIC) out of the Maricopa County maintenance
area. The portion of the Gila River Indian Community which is currently
in the Maricopa County CO nonattainment area will be ``unclassifiable/
attainment'' for CO, and will not be subject to the MAG CO
Redesignation Request and Maintenance Plan.
DATE: Effective Date: This rule is effective April 8, 2005.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at EPA
Region 9's Air Planning Office (AIR-2), 75 Hawthorne Street, San
Francisco, CA 94105-3901. Due to increased security, we suggest that
you call at least 24 hours prior to visiting the Regional Office so
that we can make arrangements to have someone meet you.
Electronic Availability
This document, our proposed rule which was published in the Federal
Register on October 8, 2004, and the technical support document (TSD)
are also available as electronic files on EPA's Region 9 Web page at
https://www.epa.gov/region09/air/phxco/.
FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (520) 622-1622, e-mail:
tax.wienke@epa.gov, or refer to https://www.epa.gov/region09/air/phxco/
index.html.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' mean U.S. EPA.
Table of Contents
I. Summary of EPA's Final Action
II. Response to Comments
III. EPA's Final Action
IV. Statutory and Executive Order Reviews
I. Summary of EPA's Final Action
On October 8, 2004 (69 FR 60328), we published a notice of proposed
rulemaking for the State of Arizona. The notice proposed approval of
revisions to the SIP for the Maricopa County CO nonattainment area.
These revisions to the SIP were adopted by the Arizona Department of
Environmental Quality (ADEQ). Today, we are finalizing our proposal to
approve the MAG serious area SIP for attainment of the CO air quality
standard in the Maricopa County area. This action is based on our
determination that this SIP complies with the CAA's requirements for
attaining the CO standard in serious CO nonattainment areas such as the
metropolitan Phoenix area.
We are also approving the MAG CO Redesignation Request and
Maintenance Plan for the Maricopa County CO nonattainment area as
meeting CAA requirements for redesignation requests and maintenance
plans.
We are also making a boundary correction under Section 107 of the
CAA for the Gila River Indian Community.
II. Response to Comments
We received three comments (two via electronic mail (e-mail) and
one written letter) during the official comment
[[Page 11554]]
period for the October 8, 2004, proposal. Two comments were dated
October 19, 2004, and one comment was dated November 8, 2004. In
addition to these comments, we received three e-mails submitted after
signature but prior to publication of the proposal in the Federal
Register, two on September 22 and one on September 24, 2004. Since
these e-mails raise the same issues as the comments submitted after
publication, we discuss and respond to all of them below. The September
24, 2004, e-mail was submitted directly to EPA Administrator Michael
Leavitt's office and was referred to EPA Region 9 for a response. We
determined that the correspondence should be treated as public comment,
and respond to it here. (This commentor also sent comments directly to
Region 9 on September 22 and 24, 2004). We also received a letter of
support from ADEQ regarding the boundary change for the Gila River
Indian Community. We respond to the comments below in the order we
received them.
E-Mails Submitted to EPA Prior to the Public Comment Period
We received three e-mails before the October 8 publication of the
proposed action--two on September 22, and one on September 24 to
Administrator Leavitt. These e-mails, however, solely raise issues
unrelated to the action being taken by EPA.
Comment. The first e-mail received on September 22 stated that the
Central Phoenix light rail project will increase the production of air
pollutants due to the prohibition of left turns from certain streets
where the trolley tracks will exist. The e-mail refers to an ``Air
Quality Technical Report'', and states that 75 percent of the vehicles
in the Phoenix vehicle mix will be cars, and 20 percent will be light
trucks. This e-mail also refers to a ``New Starts Report for 2004'',
dated December 2003. This report appears to refer to the projected use
of the light rail trains.
Response. Our action in this notice will not have any impact
whatsoever on the Central Phoenix light rail project.
Comment. This e-mail also states that the Phoenix area is not in
conformity with ozone and PM-10 standards, and that the growth in VMT
has exceeded population growth.
Response. Our action today only concerns carbon monoxide, not ozone
or PM-10. Our approval is based on both monitored data indicating no
violations of the CO standard in the past seven years and modeling
which indicates no expected violations of the CO standard to the year
2015. While growth in VMT has exceeded population growth in Phoenix and
other fast-growing metropolitan areas, tailpipe emissions standards at
the national level and the use of cleaner-burning fuels and other
emissions control measures at the local level have reduced CO emissions
sufficiently to attain and maintain Federal ambient air quality
standards.
Comment. The e-mail refers to the Final Environmental Impact
Statement (FEIS), stating that the FEIS shows that the light rail
project will not reduce traffic congestion or the production of air
pollutants in the light rail corridor. This e-mail comments that ISTEA
and TEA-21 legislation call for making transit more efficient, and the
commenter does not believe the Phoenix light rail will increase speeds
in the light rail corridor, and will not yield much farebox revenue
when compared to the cost of moving light rail passengers.
Response. Our action today concerns the MAG serious area CO SIP for
the Maricopa County CO nonattainment area and the MAG CO Redesignation
Request and Maintenance Plan for the Maricopa County CO nonattainment
area. The FEIS for the Phoenix light rail project is completely
unrelated to this action.
Comment. The second e-mail from September 22 states that while MAG
reports no violations of the CO standard since 1996, the most recent
statistics haven't been applied to air quality modeling, and that the
light rail trolley hasn't been properly factored in.
Response. The Maricopa County CO nonattainment area has monitored
clean data every year between 1996 and 2003. This fact was reflected in
our finding of attainment published on September 22, 2003, for the
Maricopa County CO nonattainment area (see 68 FR 55008). MAG's
transportation and emissions modeling includes the implementation of
light rail.\1\
---------------------------------------------------------------------------
\1\ Telephone conversation with Cathy Arthur, Maricopa
Association of Governments, November 19, 2004.
---------------------------------------------------------------------------
Comment. The e-mail which was sent to EPA Administrator Leavitt on
September 24 states that there is no reason to believe that the air
quality in the Phoenix area currently conforms to Federal standards for
CO.
Response. Monitoring data gathered by ADEQ and Maricopa County
indicate that the Maricopa County CO nonattainment area has not had a
violation of the CO standard since 1996. The area is now in attainment
for the CO Federal health-based standard for CO, based on data from the
years 1999 and 2000. We noted this in our finding of attainment (see 68
FR 55008, page 55009, 3rd column).
Comment. The September 24 e-mail also states that our finding of
attainment of the CO standard for the Maricopa County nonattainment
area (68 FR 55008) reflects only data through 1999.
Response. The finding of attainment was based on monitoring data
from the years 1999 and 2000 because 2000 was the attainment year for
the Maricopa County serious CO nonattainment area. (See 68 FR 55008,
September 22, 2003.) Section 179(c)(1) of the Clean Air Act provides
that attainment determinations are to be based upon an area's ``air
quality as of the attainment date''. Monitoring data gathered by ADEQ
and Maricopa County since that time indicate that the Maricopa County
CO nonattainment area has not had a violation of the CO standard since
1996, so current data have been reviewed and taken into account in our
action today.
Comment. The September 24 e-mail questions how the CO standard can
be met given the rapid increase in population and an even faster
increase in VMT in the Maricopa County nonattainment area. The e-mail
states that Maricopa County's population has been increasing 45 percent
every 10 years in recent decades.
Response. MAG's data estimate about a 32 percent increase in
population between 2004 and 2015. As indicated in the Appendix to the
MAG CO Redesignation Request and Maintenance Plan, while VMT doubles
between 1995 and 2015, CO emissions decrease. MAG's models properly
account for the growth in VMT.
E-Mails Submitted to EPA During the Public Comment Period
Comment. The first e-mail dated October 19, 2004, asks how it can
be possible to reduce CO emissions by half by 2015 assuming 1.2 million
additional residents, 700,000-800,000 more vehicles, and additional
airplanes and diesel trucks in the Phoenix metropolitan area.
Response. MAG's modeling estimates a 14 percent reduction in CO
between 1994 and 2015 and is sufficient to maintain the ambient air
quality standard for CO. Tier 2 emissions standards, cleaner burning
gasoline, and other measures provide reductions which outweigh the
increases in emissions due to vehicle miles travelled.
Comment. The first October 19 e-mail refers to a Draft
Environmental Impact Statement (DEIS) in an air quality conformity
report.
Response. This comment is not relevant to today's action.
[[Page 11555]]
Comment. This same e-mail questioned the CO reductions attributed
to oxidants and sulfur in fuel, again in a DEIS.
Response. It is not clear which project DEIS is referred to by the
commenter. MAG used the MOBILE6 model, which is the model EPA requires
all states except California to use for SIP development. The MOBILE
model accounts for fuel properties such as oxidants and sulfur, and
reduces the effects of oxidants on CO emissions over time. Most newer
cars are equipped with electronic fuel injection systems that generally
automatically compensate for the proper air-to-fuel mixture to reduce
CO emissions.
Comment. This same e-mail refers to a ``new standard for CO'' that
requires an 8-hour test, and refers to calm days in the summer when CO
could be a problem.
Response. There is no new standard for CO; we assume the comment
refers to the new 8-hour ozone standard. CO tends to be a wintertime
problem, and CO emissions do not tend to be high in the summer.
Comment. The letter we received on October 19 via U.S. Mail
questioned our proposed boundary change for the Gila River Indian
Reservation. This letter indicated that the Gila River Indian Community
is planning a large truck stop along the Reservation border with the
Phoenix metropolitan area, as well as substantial development along the
northern border of the reservation.
Response. Our proposal to change the boundary of the Phoenix CO
maintenance area to remove GRIC was based on monitored air quality
data, current emissions levels and sources, and planning
considerations. The commenter has not provided any reliable facts about
development on the Gila River Indian Reservation that would affect
ambient CO concentrations to a degree sufficient to violate the NAAQS.
In particular, diesel trucks idling at a truck stop would emit
primarily particulate matter (PM) and nitrogen oxides, not CO. GRIC
Department of Environmental Quality staff have indicated they are
looking into truck stop electrification to reduce the impacts of idling
trucks.\2\
---------------------------------------------------------------------------
\2\ Telephone conservation with Janet Travis, GRIC DEQ, December
2, 2004.
---------------------------------------------------------------------------
Comment. The October 19 letter also questioned whether EPA
established air quality monitoring stations on the Reservation or
whether we relied on data from the GRIC. The e-mail asserts that the
monitors and data were distorted for the purpose of attaining the
boundary change.
Response. The commenter has provided only speculation, without any
reliable facts to substantiate the claim.
Comment. Finally, the October letter asserts that the entire
premise of a status change is faulty and biased.
Response. As stated earlier, the commenter has provided only
speculation, without any reliable facts to substantiate the claim.
Comment. The e-mail dated November 8 asserts that MAG's
Transportation Improvement Program (TIP) and Long Range Transportation
Plan (LRTP) are deficient and not worthy of CO redesignation. The e-
mail also raises a concern that the public needs to be protected in
fast-growing areas like Maricopa County, and states that CMAQ funding
should not be used for the Central Phoenix Light Rail Project.
Response. This comment raises issues unrelated to EPA's action. Our
proposed approval of MAG's CO redesignation request and maintenance
plan is an action on MAG's SIP revision, not on the TIP or LRTP. MAG
has demonstrated through air quality modeling that the Maricopa County
CO nonattainment area will stay below federal air quality standards
until 2015. In this way, public health will be protected.
Regarding CMAQ funding, while EPA may review and comment on CMAQ
funding proposals, final funding decisions are made by other agencies.
Comment. The November 8 e-mail also states that MAG uses flawed and
old models, referring to the base year 1994 inventory which MAG used,
EPA's MOBILE6 model, and the CO Complex model. This e-mail also states
that oxygenated fuels increase aldehydes.
Response. While MAG used a base year 1994 inventory, the
redesignation request and maintenance plan also contains emissions
inventories for 1998, 1999, 2006, and 2015. We have reviewed these
inventories and have found them to be complete, accurate, and current.
EPA's MOBILE6 model is the model required to be used by all states
except California for SIP development. Studies of air toxics from
sources such as gasoline are currently underway at the national level,
but there is currently no health standard for aldehydes.
Comment. This same e-mail states that the rapid growth in the MAG
region will increase VMT, and that MAG's computer models do not
properly incorporate these factors.
Response. As indicated in the Appendix to the MAG CO Redesignation
Request and Maintenance Plan, while VMT doubles between 1995 and 2015,
CO emissions decrease. MAG's models properly account for this growth in
VMT.
III. EPA's Final Action
In today's action, we are approving the MAG Serious Area CO SIP for
the Maricopa County CO nonattainment area and the MAG CO Redesignation
Request and Maintenance Plan for the Maricopa County CO nonattainment
area. We have evaluated the submitted SIP revisions and have determined
that they are consistent with the CAA and EPA regulations.
We are approving the following elements of the Revised 1999 CO Plan
for the metropolitan Phoenix area and the MAG CO Redesignation Request
and Maintenance Plan into the Arizona SIP:
1. 1990 base year and 1993 and 1996 periodic emission inventories
as required by sections 172(c)(3) and 187(a)(5).
2. Demonstration that the plan provides for the implementation of
reasonably available control measures including transportation control
measures under sections 172(c)(1) and 187(b)(2);
3. Demonstration of attainment by December 31, 2000, under section
187(a)(7);
4. Demonstration of reasonable further progress under sections
172(c)(2) and 187(a)(7);
5. Contingency measures under sections 172(c)(9) and 187(a)(3);
6. Forecasts of vehicle miles traveled and provisions for annual
tracking and reporting under section 187(a)(2)(A);
7. Transportation control measures as necessary to offset growth in
emissions under section 187(b)(2);
8. Attainment year and projected emissions inventories under
section 175A;
9. Air quality monitoring requirements under section 110(a)(2) and
section 172(c)(7);
10. CO motor vehicle emissions budgets for transportation
conformity under section 176(c) for the attainment demonstration and
the maintenance plan for the years 2000, 2006 and 2015 under the
transportation conformity rule, 40 CFR part 93, subpart A;
12. Demonstration of maintenance under section 175A(a) and a fully-
approved maintenance plan under section 175A;
13. Maintenance plan contingency measures under section 175A(d);
14. Commitment for subsequent maintenance plan revisions under
section 175A(b);
15. Redesignation of that portion of the Gila River Indian
Reservation that is now within the nonattainment area to
``nonclassifiable/attainment'; and
[[Page 11556]]
16. A determination that the improvement in air quality in the
Maricopa County nonattainment area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the
applicable implementation plan, implementation of applicable Federal
air pollution control regulations, and other permanent and enforceable
reductions.
We have previously approved the principal control measures relied
on for attainment and contingency measures in the Revised 1999 CO Plan,
including the area's enhanced inspection and maintenance program
(required by section 187(a)(6)), oxygenated gasoline program (required
by sections 187(b)(3) and 211(m)), and woodburning curtailment
regulations. See 68 FR 2912, 69 FR 10161, 64 FR 60678 and 67 FR 52416.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to a state implementation plan shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
Under section 5(b) of Executive Order 13175, EPA may not issue a
regulation that has tribal implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by tribal governments, or EPA consults with
tribal officials early in the process of developing the proposed
regulation. Under section 5(c) of Executive Order 13175, EPA may not
issue a regulation that has tribal implications and that preempts
tribal law, unless the Agency consults with tribal officials early in
the process of developing the proposed regulation.
EPA has concluded that this final rule may have tribal
implications. EPA's action will remove the Gila River Indian Community
from the Phoenix CO maintenance area. However, it will neither impose
substantial direct compliance costs on tribal governments, nor preempt
State law. Thus, the requirements of sections 5(b) and 5(c) of the
Executive Order do not apply to this rule.
Consistent with EPA policy, EPA nonetheless consulted with
representatives of tribal governments early in the process of
developing this regulation to permit them to have meaningful and timely
input into its development. Representatives of tribal governments
approached EPA two years ago and requested that EPA make this boundary
change. We agree with the technical and policy rationale the tribe
provided, and believe that all tribal concerns have been met. Moreover,
in the spirit of Executive Order 13175, and consistent with EPA policy
to promote communications between EPA and tribal governments, EPA
specifically solicited comment on the proposed rule from tribal
officials.
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. EPA will submit 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 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 May 9, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
[[Page 11557]]
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 3, 2005.
Wayne Nastri,
Regional Administrator, Region 9.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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
1. Section 52.120 is amended by adding paragraphs (c)(118) and (c)(119)
to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(118) The following plan was submitted on March 30, 2001, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the
Maricopa County Nonattainment Area, dated March 2001, adopted by the
Arizona Department of Environmental Quality on March 30, 2001.
(119) The following plan was submitted on June 16, 2003, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) MAG Carbon Monoxide Redesignation Request and Maintenance Plan
for the Maricopa County Nonattainment Area and Appendices, dated May
2003, adopted by the Arizona Department of Environmental Quality on
June 16, 2003.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
0
2. In Sec. 81.303, the table entitled ``Arizona--Carbon Monoxide'' is
amended by revising the entry for the Phoenix Area to read as follows:
Sec. 81.303 Arizona.
* * * * *
Arizona--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date Type Date Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phoenix Area:
Maricopa County (part).............. 4/8/2005 Attainment.
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, except that portion
in the Gila River Indian
Reservation;
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, except that
portion in the Gila River Indian
Reservation;
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, National Forest and Usery
Mountain Semi-Regional Park, except
that portion in the Gila River
Indian Reservation;
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, except that portion
in the Gila River Indian
Reservation;
[[Page 11558]]
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, except that
portion in the Gila River Indian
Reservation;
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, except that
portion in the Gila River Indian
Reservation;
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, except that portion in
the Gila River Indian Reservation;
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, except that portion in
the Gila River Indian Reservation;
9. thence, southwesterly along the
northern boundary of the Fort
McDowell Indian Reservation, which
line is a common boundary 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,
except that portion in the Gila
River Indian Reservation.
10. thence, northerly 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, except that portion
in the Gila River Indian
Reservation;
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, except that
portion in the Gila River Indian
Reservation;
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, except that
portion in the Gila River Indian
Reservation;
13. thence, westerly along the
northern line of Township 5 North
to a point where the northern line
of Township 5 North intersects
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,
except that portion in the Gila
River Indian Reservation;
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, except that
portion in the Gila River Indian
Reservation;
[[Page 11559]]
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), except that portion in
the Gila River Indian Reservation;
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, except that portion
in the Gila River Indian
Reservation;
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, except
that portion in the Gila River
Indian Reservation;
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, except
that portion in the Gila River
Indian Reservation;
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, except that
portion in the Gila River Indian
Reservation;
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, except that portion in the
Gila River Indian Reservation;
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, except that portion
in the Gila River Indian
Reservation;
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, except that
portion in the Gila River Indian
Reservation;
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, except that
portion in the Gila River Indian
Reservation;
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, except that portion in
the Gila River Indian Reservation;
[[Page 11560]]
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, except that
portion in the Gila River Indian
Reservation;
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, except
that portion in the Gila River
Indian Reservation;
27. thence, southerly up the Gila
River to a point where the Gila
River intersects with the southern
line of Township 2 South; and
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,
except that portion in the Gila
River Indian Reservation.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-4585 Filed 3-8-05; 8:45 am]
BILLING CODE 6560-50-P
