Approval and Promulgation of State Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Maricopa County Area; Technical Correction, 11882-11884 [05-4710]

Download as PDF 11882 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Rules and Regulations reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Subpart U—Maine 2. Section 52.1020 is amended by adding paragraph (c)(56) to read as follows: I Dated: February 18, 2005. Robert W. Varney, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. § 52.1020 Identification of plan. * * * * * (c) * * * (56) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 12, 2004. (i) Incorporation by reference. (A) Chapter 145 of the Maine Department of Environmental Protection Regulations, ‘‘NOX Control Program,’’ effective in the State of Maine on July 22, 2001. (ii) Additional materials. (A) Nonregulatory portions of the submittal. 3. In § 52.1031, Table 52.1031 is amended by adding a new state citation, 145, in numerical order to read as follows: I § 52.1031 EPA-approved Maine regulations. * * * * * TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS State citation Date adopted by State Title/subject * 145 ....... * * NOX Control Program .............................. 6/21/01 Date approved by EPA * 4/10/05 Federal Register citation * * [Insert FR citation from published date] ... 52.1020 * (c)(56). Note.—1. The regulations are effective statewide unless stated otherwise in comments section. [FR Doc. 05–4709 Filed 3–9–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [AZ 135–0085; FRL–7879–3] Approval and Promulgation of State Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Maricopa County Area; Technical Correction Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. AGENCY: SUMMARY: In this action, EPA is amending the regulations that identify area designations within Arizona. The purpose of this action is to correct this section to clarify the boundary description of the Phoenix Planning Area designated as nonattainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter 10 microns or smaller in diameter (PM–10). DATES: Effective Date: This action is effective on April 11, 2005. ADDRESSES: Copies of documents relevant to this action are available for public inspection during normal business hours at the Air Planning Office of the Air Division, Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. Due VerDate jul<14>2003 18:17 Mar 09, 2005 Jkt 205001 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. FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (Air-2), U.S. Environmental Protection Agency, Region IX, (520) 622–1622 or e-mail to tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: On July 1, 1987, EPA revised the NAAQS for particulate matter, replacing the standard applicable to Total Suspended Particulates (TSP) with a standard that would apply to PM–10, and establishing new annual and 24-hour standards for PM–10 (52 FR 24634). To assure attainment of the new NAAQS, EPA required that states identify areas as nonattainment/attainment/ unclassifiable for PM–10, and submit their designations to EPA, in accordance with the requirements of the Clean Air Act (CAA) section 107(d)(1)(A). On May 15, 1991, Arizona Governor Fife Symington submitted PM–10 nonattainment area designations for Arizona. Included in these initial designations was the following boundary definition recommendation for the Maricopa County area, also referred to as the Phoenix Planning Area: ‘‘Within the Boundaries of Maricopa County: T6N, R1–3W, R1–7E T5N, R1–3W, R1–7E T4N, R1–3W, R1–7E T3N, R1–3W, R1–7E T2N, R1–3W, R1–7E PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 T1N, R1–3W, R1–7E T1S, R1–3W, R1–7E T2S, R1–3W, R1–7E and T1N, R7–8E in Pinal County’’ We codified Arizona’s initial PM–10 designations on March 3, 1978 (43 FR 8694). The description of the Phoenix Planning Area in the CFR is listed under ‘‘Maricopa and Pinal Counties’’ as: ‘‘The rectangle determined by, and including— T6N, R3W T6N, R7E T2S, R3W T2S, R7E, T1N, R8E’’ 40 CFR 81.303. Thus, while the area described in our federal regulations is identical to the area described by the State’s initial designation, we did not identify which of the townships and ranges are part of Maricopa County and which are part of Pinal County. On September 13, 2004, ADEQ sent EPA Region 9 a letter requesting that we revise the Phoenix Planning Area boundary description in 40 CFR 81.303 to conform to the State’s initial 1991 designation with one additional change. Where the State’s 1991 designation identified ‘‘T1N, R7–8E in Pinal County’’, the State’s 2004 letter requests that the Pinal County portion of this designation be corrected to read ‘‘T1N, R8E in Pinal County’’, because Township 1 North, Range 7 East is in Maricopa County and not in Pinal County. The State’s September 13, 2004 request is reasonable and will correct errors made by EPA in codifying the E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Rules and Regulations boundaries of the Phoenix Planning Area designated nonattainment for PM– 10. Therefore, EPA is taking action today to amend the Arizona PM–10 table in 40 CFR 81.303 to match the description in the State’s September 13, 2004 letter. Specifically, the Phoenix Planning Area will be defined as: ‘‘Maricopa County: Phoenix Planning Area * * * T6N, R1–3W, R1–7E T5N, R1–3W, R1–7E T4N, R1–3W, R1–7E T3N, R1–3W, R1–7E T2N, R1–3W, R1–7E T1N, R1–3W, R1–7E T1S, R1–3W, R1–7E T2S, R1–3W, R1–7E Pinal County: Phoenix Planning Area * * * T1N, R8E’’ This change will not alter the actual boundaries of the Phoenix Planning Area; the change merely clarifies their description. We are taking this action under our authority in CAA section 110(k)(6). Section 110(k)(6) provides, ‘‘Whenever the Administrator determines that the Administrator’s action approving, disapproving, or promulgating any plan or plan revisions (or part thereof), area designation, redesignation, classification, or reclassification was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate* * *.’’ Today’s action corrects errors in the description of the Phoenix Planning Area designated nonattainment for PM– 10. This action is not a redesignation under CAA section 107(d)(3) and does not change the actual boundaries of the nonattainment area. We are finalizing this action without notice and comment because this action is a correction to a designation promulgated under section 107(d)(1) and, under CAA section 107(d)(2)(B), such designations are not subject to the notice and comment requirements of the Administrative Procedures Act. Pursuant to section 110(k)(6), we are to make the correction today in the same manner as our original designation under section 107(d)(1). Summary of Final Action In this action, EPA is amending 40 CFR part 81, subpart C, to correct errors in the Arizona PM–10 table for the Phoenix Planning Area. Specifically, this action amends 40 CFR 81.303, describing the boundary of the Phoenix Planning Area for PM–10. This action aligns the applicable sections of 40 CFR VerDate jul<14>2003 18:17 Mar 09, 2005 Jkt 205001 part 81 with the State’s request submitted on September 13, 2004 to correct the boundary. 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). 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 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). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 11883 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 enforce its requirements. (See CAA section 307(b)(2)) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental regulations, Particulate matter. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: February 16, 2005. Wayne Nastri, Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: I E:\FR\FM\10MRR1.SGM 10MRR1 11884 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Rules and Regulations (120) The following plan was submitted on September 13, 2004, by the Governor’s designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) 40 CFR 81.303, Attainment Status Designations—Arizona, Request for Technical Correction of Phoenix Planning Area (Maricopa County) PM– 10 Serious Nonattainment Area Boundaries, dated September 13, 2004. 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 2. Section 52.120 is amended by adding paragraph (c)(120) to read as follows: I § 52.120 * Identification of plan. * * (c) * * * * Subpart C—[AMENDED] 2. In § 81.303, the table entitled ‘‘Arizona—PM–10’’ is amended by removing the entry for ‘‘Maricopa and Pinal Counties’’ and adding an entry for ‘‘Maricopa County’’ and an entry for ‘‘Pinal County’’ to read as follows: I § 81.303 * PART 81—[AMENDED] * Authority: 42 U.S.C. 7401 et seq. * Arizona. * * * 1. The authority citation for part 81 continues to read as follows: I ARIZONA—PM–10 Designation Classification Designated area Date Type * * * * Maricopa County: Phoenix planning area .............. 11/15/90 ............................. T6N, R1–3W, R1–7E; T5N, R1–3W, R1– 7E; T4N, R1–3W, R1–7E; T3N, R1– 3W, R1–7E; T2N, R1–3W, R1–7E; T1N, R1–3W, R1– 7E; T1S, R1–3W, R1–7E; T2S, R1– 3W, R1–7E. Pinal County: Phoenix planning area. T1N, R8E .................... 11/15/90 ............................. * * * * * * BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Nonattainment 6/10/96 Serious. * * * Josh Keaton, 907–586–7228. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: SUMMARY: NMFS is closing directed fishing for groundfish with non-pelagic Jkt 205001 Serious. FOR FURTHER INFORMATION CONTACT: Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish by Vessels Using Non-Pelagic Trawl Gear in the Red King Crab Savings Subarea NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP SUPPLEMENTARY INFORMATION: PO 00000 Frm 00058 Fmt 4700 * 6/10/96 Effective 1200 hrs, Alaska local time (A.l.t.), March 8, 2005, through 2400 hrs, A.l.t., December 31, 2005. [Docket No. 041126332–5039–02; I.D. 030405A] Type Nonattainment DATES: 50 CFR Part 679 19:55 Mar 09, 2005 * trawl gear in the red king crab savings subarea (RKCSS) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 red king crab prohibited species catch (PSC) limit that is specified for the RKCSS of the BSAI. * [FR Doc. 05–4710 Filed 3–9–05; 8:45 am] VerDate jul<14>2003 * * Date Sfmt 4700 * appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2005 red king crab PSC limit specified for the RKCSS is 42,495 animals as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005). In accordance with § 679.21(e)(7)(ii)(B), the Administrator, Alaska Region, NMFS, has determined that the amount of the 2005 red king crab PSC limit specified for the RKCSS has been caught. Consequently, NMFS is closing the RKCSS to directed fishing for groundfish with non-pelagic trawl gear. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Rules and Regulations]
[Pages 11882-11884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4710]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[AZ 135-0085; FRL-7879-3]


Approval and Promulgation of State Implementation Plans; 
Designation of Areas for Air Quality Planning Purposes; State of 
Arizona; Maricopa County Area; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: In this action, EPA is amending the regulations that identify 
area designations within Arizona. The purpose of this action is to 
correct this section to clarify the boundary description of the Phoenix 
Planning Area designated as nonattainment for the National Ambient Air 
Quality Standards (NAAQS) for particulate matter 10 microns or smaller 
in diameter (PM-10).

DATES: Effective Date: This action is effective on April 11, 2005.

ADDRESSES: Copies of documents relevant to this action are available 
for public inspection during normal business hours at the Air Planning 
Office of the Air Division, Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, California 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.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (Air-
2), U.S. Environmental Protection Agency, Region IX, (520) 622-1622 or 
e-mail to tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: On July 1, 1987, EPA revised the NAAQS for 
particulate matter, replacing the standard applicable to Total 
Suspended Particulates (TSP) with a standard that would apply to PM-10, 
and establishing new annual and 24-hour standards for PM-10 (52 FR 
24634). To assure attainment of the new NAAQS, EPA required that states 
identify areas as nonattainment/attainment/unclassifiable for PM-10, 
and submit their designations to EPA, in accordance with the 
requirements of the Clean Air Act (CAA) section 107(d)(1)(A).
    On May 15, 1991, Arizona Governor Fife Symington submitted PM-10 
nonattainment area designations for Arizona. Included in these initial 
designations was the following boundary definition recommendation for 
the Maricopa County area, also referred to as the Phoenix Planning 
Area:

``Within the Boundaries of Maricopa County:
    T6N, R1-3W, R1-7E
    T5N, R1-3W, R1-7E
    T4N, R1-3W, R1-7E
    T3N, R1-3W, R1-7E
    T2N, R1-3W, R1-7E
    T1N, R1-3W, R1-7E
    T1S, R1-3W, R1-7E
    T2S, R1-3W, R1-7E and T1N, R7-8E in Pinal County''

    We codified Arizona's initial PM-10 designations on March 3, 1978 
(43 FR 8694). The description of the Phoenix Planning Area in the CFR 
is listed under ``Maricopa and Pinal Counties'' as:

``The rectangle determined by, and including--
    T6N, R3W
    T6N, R7E
    T2S, R3W
    T2S, R7E,
    T1N, R8E''

40 CFR 81.303. Thus, while the area described in our federal 
regulations is identical to the area described by the State's initial 
designation, we did not identify which of the townships and ranges are 
part of Maricopa County and which are part of Pinal County.
    On September 13, 2004, ADEQ sent EPA Region 9 a letter requesting 
that we revise the Phoenix Planning Area boundary description in 40 CFR 
81.303 to conform to the State's initial 1991 designation with one 
additional change. Where the State's 1991 designation identified ``T1N, 
R7-8E in Pinal County'', the State's 2004 letter requests that the 
Pinal County portion of this designation be corrected to read ``T1N, 
R8E in Pinal County'', because Township 1 North, Range 7 East is in 
Maricopa County and not in Pinal County.
    The State's September 13, 2004 request is reasonable and will 
correct errors made by EPA in codifying the

[[Page 11883]]

boundaries of the Phoenix Planning Area designated nonattainment for 
PM-10. Therefore, EPA is taking action today to amend the Arizona PM-10 
table in 40 CFR 81.303 to match the description in the State's 
September 13, 2004 letter.
    Specifically, the Phoenix Planning Area will be defined as:

``Maricopa County:
    Phoenix Planning Area * * *
    T6N, R1-3W, R1-7E
    T5N, R1-3W, R1-7E
    T4N, R1-3W, R1-7E
    T3N, R1-3W, R1-7E
    T2N, R1-3W, R1-7E
    T1N, R1-3W, R1-7E
    T1S, R1-3W, R1-7E
    T2S, R1-3W, R1-7E
Pinal County:
    Phoenix Planning Area * * *
    T1N, R8E''

This change will not alter the actual boundaries of the Phoenix 
Planning Area; the change merely clarifies their description.

    We are taking this action under our authority in CAA section 
110(k)(6). Section 110(k)(6) provides, ``Whenever the Administrator 
determines that the Administrator's action approving, disapproving, or 
promulgating any plan or plan revisions (or part thereof), area 
designation, redesignation, classification, or reclassification was in 
error, the Administrator may in the same manner as the approval, 
disapproval, or promulgation revise such action as appropriate* * *.'' 
Today's action corrects errors in the description of the Phoenix 
Planning Area designated nonattainment for PM-10. This action is not a 
redesignation under CAA section 107(d)(3) and does not change the 
actual boundaries of the nonattainment area. We are finalizing this 
action without notice and comment because this action is a correction 
to a designation promulgated under section 107(d)(1) and, under CAA 
section 107(d)(2)(B), such designations are not subject to the notice 
and comment requirements of the Administrative Procedures Act. Pursuant 
to section 110(k)(6), we are to make the correction today in the same 
manner as our original designation under section 107(d)(1).

Summary of Final Action

    In this action, EPA is amending 40 CFR part 81, subpart C, to 
correct errors in the Arizona PM-10 table for the Phoenix Planning 
Area. Specifically, this action amends 40 CFR 81.303, describing the 
boundary of the Phoenix Planning Area for PM-10. This action aligns the 
applicable sections of 40 CFR part 81 with the State's request 
submitted on September 13, 2004 to correct the boundary.

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). 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 
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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). 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 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 enforce its requirements. (See CAA section 307(b)(2))

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental regulations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: February 16, 2005.
Wayne Nastri,
Regional Administrator, Region IX.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

[[Page 11884]]

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
2. Section 52.120 is amended by adding paragraph (c)(120) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (120) The following plan was submitted on September 13, 2004, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) 40 CFR 81.303, Attainment Status Designations--Arizona, Request 
for Technical Correction of Phoenix Planning Area (Maricopa County) PM-
10 Serious Nonattainment Area Boundaries, dated September 13, 2004.

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--PM-10'' is amended by 
removing the entry for ``Maricopa and Pinal Counties'' and adding an 
entry for ``Maricopa County'' and an entry for ``Pinal County'' to read 
as follows:


Sec.  81.303  Arizona.

* * * * *

                                                                     Arizona--PM-10
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Designation                                                 Classification
       Designated area        --------------------------------------------------------------------------------------------------------------------------
                                              Date                             Type                         Date                         Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Maricopa County:
    Phoenix planning area....  11/15/90..........................  Nonattainment                6/10/96                      Serious.
        T6N, R1-3W, R1-7E;
         T5N, R1-3W, R1-7E;
         T4N, R1-3W, R1-7E;
         T3N, R1-3W, R1-7E;
         T2N, R1-3W, R1-7E;
         T1N, R1-3W, R1-7E;
         T1S, R1-3W, R1-7E;
         T2S, R1-3W, R1-7E.
Pinal County:
    Phoenix planning area....
        T1N, R8E.............  11/15/90..........................  Nonattainment                6/10/96                      Serious.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-4710 Filed 3-9-05; 8:45 am]
BILLING CODE 6560-50-P
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