Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Particulate Matter of 10 Microns or Less; Finding of Attainment for Yuma Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements, 13021-13025 [06-2430]
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Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Rules and Regulations
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 15, 2006. 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 section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 22, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52, 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 FF—New Jersey
2. Section 52.1570 is amended by
adding new paragraph (c)(80) to read as
follows:
I
§ 52.1570
Identification of plan.
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*
*
*
*
*
(c) * * *
(80) Revision to the New Jersey State
Implementation Plan (SIP) for ozone
concerning the control of nitrogen
oxides from the Schering Corporation’s
CoGEN II cogeneration facility located
in Union County submitted by the New
Jersey Department of Environmental
Protection (NJDEP), dated March 31,
2005.
(i) Incorporation by reference:
(A) Conditions of Approval,
Alternative Maximum Emission Rate
For NOX, Schering Corporation, Union,
Union County, New Jersey facility
identification number 40084 approved
March 9, 2005.
[FR Doc. 06–2428 Filed 3–13–06; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2006–0041; FRL–8045–1]
Approval and Promulgation of
Implementation Plans; Designation of
Areas for Air Quality Planning
Purposes; State of Arizona; Particulate
Matter of 10 Microns or Less; Finding
of Attainment for Yuma Nonattainment
Area; Determination Regarding
Applicability of Certain Clean Air Act
Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action under the Clean Air Act to
determine that the Yuma nonattainment
area in Arizona has attained the
National Ambient Air Quality Standards
(NAAQS) for particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10).
This determination is based upon
monitored air quality data for the PM10
NAAQS during the years 1998–2000.
EPA also finds that the Yuma area is
currently in attainment of the PM10
NAAQS, and based on this finding, EPA
is determining that certain Clean Air
Act requirements are not applicable for
so long as the Yuma area continues to
attain the PM10 NAAQS.
DATES: This rule is effective on May 15,
2006, without further notice, unless
EPA receives adverse comments by
April 13, 2006. If adverse comment is
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA-R09OAR–2006–0041, by one of the
following methods:
(1) Federal eRulemaking portal:
https://www.regulations.gov. Follow the
on-line instructions.
(2) E-mail: rosen.rebecca@epa.gov.
(3) Mail or deliver: Rebecca Rosen
(AIR–2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
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13021
should be clearly identified as such and
should not be submitted through the
www.regulations.gov or e-mail.
www.regulations.gov is an anonymous
access system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Rebecca Rosen, EPA Region IX, (415)
947–4152, rosen.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean
the Environmental Protection Agency
(EPA).
Table of Contents
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered in
Today’s Finding?
B. What Is the Designation and Classification
of This PM10 Nonattainment Area?
C. How Do We Make Attainment
Determinations?
II. What Is the Basis for EPA’s Determination
That the Yuma Nonattainment Area Has
Attained the PM10 NAAQS?
III. What Are the Applicable Planning
Requirements for the Yuma
Nonattainment Area As a Result of EPA’s
Attainment Determination?
IV. EPA’s Final Action
V. Statutory and Executive Order Reviews
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered in
Today’s Finding?
Particulate matter with an
aerodynamic diameter of less than or
equal to 10 micrometers (PM10) is the
subject of this action. The NAAQS are
limits for certain ambient air pollutants
set by EPA to protect public health and
welfare. PM10 is among the ambient air
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pollutants for which EPA has
established a health-based standard.
PM10 causes adverse health effects by
penetrating deep into the lungs,
aggravating the cardiopulmonary
system. Children, the elderly, and
people with asthma and heart
conditions are the most vulnerable.
On July 1, 1987 (52 FR 24634), EPA
revised the NAAQS for particulate
matter with an indicator that includes
only those particles with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers. See 40
CFR 50.6. The 24-hour primary PM10
standard is 150 micrograms per cubic
meter µg/m3 with no more than one
expected exceedance per year. The
annual primary PM10 standard is 50 µg/
m3 as an annual arithmetic mean. The
secondary PM10 standards, promulgated
to protect against adverse welfare
effects, are identical to the primary
standards.
B. What Is the Designation and
Classification of This PM10
Nonattainment Area?
Upon enactment of the 1990 Clean Air
Act Amendments (CAA or ‘‘Act’’), PM10
areas meeting the requirements of either
(i) or (ii) of section 107(d)(4)(B) of the
Act were designated nonattainment for
PM10 by operation of law and classified
‘‘moderate.’’ These areas included all
former Group I PM10 planning areas
identified in 52 FR 29383 (August 7,
1987) and further clarified in 55 FR
45799 (October 31, 1990), and any other
areas violating the NAAQS for PM10
prior to January 1, 1989 (many of these
areas were identified by footnote 4 in
the October 31, 1990 Federal Register
document). A Federal Register notice
announcing the areas designated
nonattainment for PM10 upon enactment
of the 1990 Act Amendments, known as
‘‘initial’’ PM10 nonattainment areas, was
published on March 15, 1991 (56 FR
11101). A subsequent Federal Register
document correcting some of these areas
was published on August 8, 1991 (56 FR
37654). These nonattainment
designations and moderate area
classifications were codified in 40 CFR
part 81 in a Federal Register document
published on November 6, 1991 (56 FR
56694). All other areas in the nation not
designated nonattainment at enactment
were designated unclassifiable (see
section 107(d)(4)(B)(iii) of the Act).
The Yuma planning area was listed by
EPA as a Group I area (see 52 FR 29383,
August 7, 1987) and was designated
nonattainment for PM10 by operation of
law and classified ‘‘moderate.’’ In
accordance with section 189(a)(2) of the
CAA, Arizona was to submit a state
implementation plan (SIP) by November
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15, 1991 demonstrating attainment of
the PM10 standards by December 31,
1994 for the Yuma area.1
C. How Do We Make Attainment
Determinations?
Pursuant to sections 179(c)(1) and
188(b)(2) of the Act, we have the
responsibility of determining within six
months of the applicable attainment
date whether, based on air quality data,
PM10 nonattainment areas attained the
NAAQS by that date. The ‘‘applicable
attainment date’’ is December 31, 1994
for areas, such as Yuma, that were
designated as ‘‘moderate’’
nonattainment for PM10 by operation of
law under the 1990 Amended Act.
Determinations under section 179(c)(1)
of the Act are to be based upon an area’s
‘‘air quality as of the attainment date.’’
Section 188(b)(2) is consistent with this
requirement.
Generally, we will determine whether
an area’s air quality meets the PM10
NAAQS for purposes of section
179(c)(1) and 188(b)(2) based upon data
gathered at established state and local
air monitoring stations (SLAMS) and
national air monitoring stations (NAMS)
in the nonattainment area and entered
into the EPA’s Air Quality System
(AQS) database. Data entered into the
AQS has been determined to meet
federal monitoring requirements (see 40
CFR 50.6; 40 CFR part 50, appendix J;
40 CFR part 53; 40 CFR part 58,
appendices A and B) and may be used
to determine the attainment status of
areas. We will also consider air quality
data from other air monitoring stations
in the nonattainment area provided that
the stations meet the federal monitoring
requirements for SLAMS. All data are
reviewed to determine the area’s air
quality status in accordance with our
guidance at 40 CFR part 50, Appendix
K.
Attainment of the annual PM10
standard is achieved when the annual
arithmetic mean PM10 concentration
over a three-year period is equal to or
less than 50 µg/m3. Attainment of the
24-hour standard is determined by
calculating the expected number of days
in a year with PM10 concentrations
greater than 150 µg/m3. The 24-hour
standard is attained when the expected
number of days per year with levels
above 150 µg/m3 (averaged over a threeyear period) is less than or equal to one.
Three consecutive years of air quality
data are necessary to show attainment of
1 Arizona
submitted a moderate area plan for the
Yuma area on November 14, 1991; EPA found this
plan to be incomplete on May 14, 1992. Arizona
submitted a revised plan for Yuma on July 12, 1994.
EPA found the revised plan to be complete but has
not taken action on it.
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the 24-hour and annual standards for
PM10. See 40 CFR part 50 and appendix
K. A complete year of air quality data,
as referred to in 40 CFR part 50
Appendix K, includes all 4 calendar
quarters with each quarter containing
data from at least 75 percent of the
scheduled sampling days.2
II. What Is the Basis for EPA’s
Determination That the Yuma
Nonattainment Area Has Attained the
PM10 NAAQS?
The Yuma PM10 nonattainment area is
located in the lower Colorado River
Valley in the southwestern portion of
Yuma County. The PM10 nonattainment
area consists of 456 square miles, which
is roughly eight percent of the land area
of Yuma County (5,500 square miles).
Yuma County is located in the
southwestern portion of Arizona that
borders California and Mexico. The
cities of Yuma and Somerton are the
largest population centers in the Yuma
PM10 nonattainment area. The city of
Yuma, the county seat, is located below
the convergence of the Gila and
Colorado Rivers on the far western side
of the PM10 nonattainment area. The
city of Somerton is located in the
southwestern portion of the PM10
nonattainment area. Agriculture is the
primary industry in Yuma County. The
Arizona Department of Economic
Security predicts that Yuma County’s
population is expected to increase by
37.5 percent from 138,025 in 2000 to
189,783 in 2015.3 Approximately onehalf of the county’s year-round
population resides in the city of Yuma.
During the winter, Yuma County’s
population increases significantly due
to seasonal residents.
The Yuma PM10 nonattainment area
has one SLAMS monitor operated by the
Arizona Department of Environmental
Quality (ADEQ). This monitor was
located at the Yuma County Juvenile
Center in the city of Yuma from 1988
until the second quarter of 2002, after
which time it was relocated to the
nearby Yuma County Courthouse,
which is also located in the city of
Yuma. ADEQ measures ambient (24hour-average) PM10 concentrations in
Yuma at a frequency of once every six
days.
Table 1 summarizes the PM10 data
collected in Yuma from 1992–2005 and
reported by ADEQ to the AQS database.
Table 1 also indicates which years had
2 However, as explained in more detail in the
following section of this notice, EPA guidelines
allow for data substitution only under
circumstances where data capture is at least 50
percent but less than 75 percent.
3 Arizona Department of Economic Security,
2006.
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four complete quarters of data
(including any allowable data
substitution 4), making the data from
that year eligible for use in determining
whether the area has attained the PM10
NAAQS, if that year is followed by two
consecutive years also with four
corresponding standard of 50 Fg/m3.
However, even with allowable data
substitution, the data capture for Yuma
was not sufficient for the 1992–1994
period to allow us to make a finding of
attainment for the applicable attainment
date of December 31, 1994.
complete quarters of data. As shown in
Table 1, no exceedances of the 24-hour
PM10 NAAQS of 150 µg/m3 were
measured in Yuma during the 1992–
1994 period and the annual-average
PM10 concentrations measured during
that period were well below the
TABLE 1.—SUMMARY OF 24 HOUR AND ANNUAL PM10 CONCENTRATIONS (µG/M3) FOR YUMA, 1992–2005 1
Year
1992
Highest 24-hour-average ........................
Annual average ......................................
Four complete quarters? ........................
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
62
29.0
Yes
65
33.9
Yes
66
37.3
No
75
41.5
Yes
103
52.1
Yes
108
42.4
No
112
39.7
Yes
100
36.7
Yes
132
2 150
3 54.3
41.2
No
125
51.8
Yes
127
38.1
Yes
114
45.0
Yes
86
30.8
4 NA
Yes
1 The
data summary in Table 1 includes substituted data and was analyzed according to the ‘‘Guideline on Exceptions to Data Requirements
for Determining Attainment of Particulate Matter Standards.’’ See footnote 4. The fourth quarter in 1994, the second quarter in 1997, and the first
and fourth quarters in 2001 were not eligible for data substitution. The incomplete data from these quarters was included in the calculation of the
annual average for each of these years.
2 The highest measured 24-hour-average concentration in 2001 was 150 µg/m3, which is equal to the 24-hour PM
10 NAAQS, but which is not
considered an ‘‘exceedance.’’ Under EPA regulations, an exceedance of the 24-hour-average standard represents concentrations of 155 µg/m3
or greater. See 40 CFR 50, appendix K.
3 Data substitution results in a conservative estimate of the annual average. See footnote 4. For example, the annual average for 2000 of 54.3
µg/m3 would be reduced to 42.3 µg/m3 if data substition was not used. The method of data substitution was used to calculate annual averages
for 1993–1997, 2000–2002, and 2004.
4 We have received AQS data from ADEQ through September 30, 2005. States are required to report data to AQS on a rolling basis and have
until 90 days from the end of a given quarter to submit quality-assured monitoring data into AQS. See 40 CFR 58.28.
NA: Not Applicable.
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Like the 1992–1994 period, the series
of three-year periods immediately
following 1992–1994 also show no
exceedances of the PM10 NAAQS but an
incomplete data set in 1997 prevents us
from making an attainment finding until
1998–2000, the first three-year period
after the applicable attainment date with
sufficient data capture to make an
attainment finding consistent with 40
CFR Part 50, Appendix K.
As noted above, the 24-hour PM10
standard is attained when the expected
number of days per year with levels
above 150 µg/m3 (averaged over a threeyear period) is less than or equal to one.
When we apply data substitution per
the above-referenced guideline for the
period 1998–2000, we find no
exceedances of the 24-hour PM10
NAAQS for the 1998–2000 period and
thus the expected number of days per
year with levels above 150 µg/m3
(averaged over that three-year period) is
zero. As such, pursuant to sections
179(c)(1) and 188(b)(2) of the Act, we
find that Yuma has attained the 24-hour
PM10 NAAQS. Since 2000, there is one
year (2001) in which four complete
quarters of data are not available, but
because the data from the most recent
three-year period (2002–2004) are
complete and show no exceedances,5
and because the latest available
information for 2005 also reveals no
exceedances, we conclude that Yuma is
currently in attainment of the 24-hour
PM10 NAAQS.
Also as noted above, attainment of the
annual PM10 standard is achieved when
the annual arithmetic mean PM10
concentration over a three-year period is
equal to or less than 50 µg/m3. Review
of the data for calendar years 1998–2000
reveals an arithmetic average of 43.6 µg/
m3. As such, pursuant to sections
179(c)(1) and 188(b)(2) of the Act, we
find that Yuma has attained the annual
PM10 NAAQS. As noted previously, the
data set for year 2001 is not complete,
but the data from the most recent
complete three-year period (2002–2004)
show that Yuma is currently in
attainment of the annual PM10 NAAQS.
III. What Are the Applicable Planning
Requirements for the Yuma
Nonattainment Area as a Result of
EPA’s Attainment Determination?
The air quality planning requirements
for moderate PM10 nonattainment areas,
such as the Yuma nonattainment area,
are set out in part D, subparts 1 and 4
of title I of the Act. We have issued
guidance in a General Preamble 6
describing how we will review SIPs and
SIP revisions submitted under title I of
the Act, including those containing
moderate PM10 nonattainment area SIP
provisions.
In nonattainment areas where
monitored data demonstrates that the
NAAQS have already been achieved,
EPA has determined that certain
requirements of part D, subparts 1 and
2 of title I of the Act (with respect to 1hour ozone) do not apply. Therefore, we
do not require certain submissions for
an area that has attained the NAAQS.
These include reasonable further
progress (RFP) requirements, attainment
demonstrations and contingency
measures, because these provisions have
the purpose of helping achieve
attainment of the NAAQS.
4 The regulatory requirement for data capture in
40 CFR part 50, Appendix K, is 75 percent on a
quarterly basis. According to the ‘‘Guideline on
Exceptions to Data Requirements for Determining
Attainment of Particulate Matter Standards’’ (see
EPA document 450/4–87–005, April 1987), when
data capture is at least 50 percent but less than 75
percent, data may be substituted for the missing
data. Per the above-referenced guideline,
monitoring data from the same quarter in any one
of the years used to determine attainment may be
substituted for missing PM10 data. The maximum
PM10 value that was observed in that quarter over
the last three years is substituted for missing
scheduled sampling days.
5 On August 18, 2002, ADEQ measured 170 µg/
m3, 24-hour-average, at the Yuma monitoring
station; however, EPA concurred with ADEQ on the
exclusion of this data from design value
calculations due to a high wind event that occurred
on that date. ADEQ has prepared a Natural Events
Action Plan (NEAP) in response to that event. The
NEAP includes the development and
implementation of Best Available Control Measures
(BACM) for anthropogenic PM10 sources that
contributed to the event.
6 ‘‘General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990’’
(57 FR 13498, April 16, 1992, as supplemented 57
FR 18070, April 28, 1992).
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This interpretation of the CAA is
known as the Clean Data Policy and is
the subject of two EPA memoranda. EPA
also finalized the statutory
interpretation set forth in the policy in
a final rule, 40 CFR 51.918, as part of
its ‘‘Final Rule to Implement the 8-hour
Ozone National Ambient Air Quality
Standard—Phase 2’’ (Phase 2 Final
Rule). See discussion in the preamble to
the rule at 70 FR 71612, 71645–46
(November 29, 2005). EPA believes that
the legal bases set forth in detail in our
Phase 2 Final Rule, our May 10, 1995
memorandum from John S. Seitz,
entitled ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’ and our
December 14, 2004 memorandum from
Stephen D. Page entitled ‘‘Clean Data
Policy for the Fine Particle National
Ambient Air Quality Standards’’ are
equally pertinent to the interpretation of
provisions of subparts 1 and 4
applicable to PM10. Our interpretation
that an area that is attaining the
standards is relieved of obligations to
demonstrate RFP and to provide an
attainment demonstration and
contingency measures pursuant to part
D of the CAA, pertains whether the
standard is PM10, ozone or PM2.5.7
It has been EPA’s longstanding
interpretation that the general
provisions of part D, subpart 1 of the
Act (sections 171 and 172) do not
require the submission of SIP revisions
concerning RFP for areas already
attaining the ozone NAAQS because the
stated purpose of RFP is to ensure
attainment by the applicable date. 57 FR
at 13564. EPA believes the same
reasoning applies to the PM10 provisions
of part D, subpart 4. CAA section
189(c)(1), applicable to PM10
nonattainment areas, states that
revisions shall contain milestones
which are to be achieved until the area
is redesignated to attainment, such
milestones are designed to show
reasonable further progress ‘‘toward
attainment by the applicable date,’’ as
defined by section 171. Thus, it is clear
that once the area has attained the
standard, no further milestones are
necessary or meaningful.
With respect to the attainment
demonstration requirements of section
189(a)(1)(B) an analogous rationale leads
to the same result. CAA section
7 Three U.S. Circuit Courts of Appeals have
upheld EPA rulemakings applying its interpretation
of subparts 1 and 2 with respect to ozone. Sierra
Club v. EPA, 99 F.3d 1551 (10th Cir. 1996); Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our
Children’s Earth Foundation v. EPA, No. 04–73032
(9th Cir. June 28, 2005) (memorandum opinion).
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189(a)(1)(B), requires that the plan
provide for ‘‘a demonstration (including
air quality modeling) that the [SIP] will
provide for attainment by the applicable
attainment date * * *’’ As with the RFP
requirements, if an area is already
monitoring attainment of the standards,
EPA believes there is no need for an
area to make a further submission
containing additional measures to
achieve attainment. This is also
consistent with the interpretation of the
section 172(c) requirements provided by
EPA in the General Preamble (57 at
13564), the December 14, 2004
memorandum, and the section 182(b)
and (c) requirements set forth in the
May 10, 1995 memorandum.
Other SIP submission requirements
are linked with these attainment
demonstration and RFP requirements,
and similar reasoning applies to them.
These requirements include the
contingency measure requirements of
section 172(c)(9) and 182(c)(9). We have
interpreted the contingency measure
requirements of section 172(c)(9) and
182(c)(9) as no longer applying when an
area has attained the standard because
those ‘‘contingency measures are
directed at ensuring RFP and attainment
by the applicable date.’’ (57 FR at
13564); May 10, 1995 memorandum at
5–6.
Here, as in both our Phase 2 Final
Rule and ozone and PM2.5 clean data
memoranda, we emphasize that the
suspension of a requirement to submit
SIP revisions concerning these RFP,
attainment demonstration, contingency,
and other related requirements exists
only for as long as a nonattainment area
continues to monitor attainment of the
standard. If such an area experiences a
violation of the NAAQS, the basis for
the requirements being suspended
would no longer exist. Therefore,
should EPA at some future time
determine that an area that had clean
data, but which has not yet been
redesignated as attainment for a
NAAQS, has violated the relevant
standard, the State would again be
required to submit the pertinent CAA
requirements for the area.
With respect to the Yuma PM10
nonattainment area, based on the
finding made herein that Yuma is
currently in attainment of the PM 10
NAAQS and based on the rationale
given above, we have determined that
the part D, subpart 4 obligations to
provide an attainment demonstration
pursuant to section 189(a)(1)(B), the RFP
provisions established by section
189(c)(1), and the attainment
demonstration, RFP and contingency
measure provisions of part D, subpart 1
contained in section 172 of the Act are
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not applicable for so long as the Yuma
area continues to monitor attainment of
the PM10 NAAQS. If measurements of
ambient PM10 concentrations in the
Yuma area reveal a violation of the PM10
NAAQS, then the State of Arizona
would again be required to submit the
pertinent CAA requirements for this
nonattainment area.8
IV. EPA’s Final Action
Based on quality-assured data meeting
the requirements of 40 CFR part 50,
appendix K, we find that the Yuma,
Arizona nonattainment area has attained
the PM10 NAAQS. This action is a
finding of attainment under sections
179(c)(1) and 188(b)(2) of the Clean Air
Act and not a redesignation to
attainment under CAA section 107(d)(3)
because we have not yet approved a
maintenance plan meeting the
requirements of section 175A of the
CAA or determined that the area has
met the other CAA requirements for
redesignation. The classification and
designation status in 40 CFR part 81
will remain moderate nonattainment for
this area until such time as Arizona
meets the CAA requirements for
redesignation of the Yuma PM10 area to
attainment.
EPA also finds that, because the Yuma
‘‘moderate’’ nonattainment area is
currently in attainment of the PM10
NAAQS, the following CAA
requirements are not applicable for so
long as the area continues to attain the
PM10 NAAQS: the part D, subpart 4
obligations to provide an attainment
demonstration pursuant to section
189(a)(1)(B), the RFP provisions
established by section 189(c)(1), and the
attainment demonstration, RFP and
contingency measure provisions of part
D, subpart 1 contained in section 172 of
the Act.
We are publishing this rule without
prior proposal because the Agency
views this as a noncontroversial action
and anticipates no adverse comments.
However, in the proposed rules section
8 Note, however, that on January 17, 2006, EPA
published proposed revisions to the NAAQS for
particulate matter. See https://www.epa.gov/fedrgstr/
EPA-AIR/2006/January/Day-17/. The proposed
revisions address two categories of particulate
matter: fine particles which are particles 2.5
micrometers in diameter and smaller; and
‘‘inhalable coarse’’ particles which are particles
between 2.5 and 10 micrometers (PM10–2.5). Upon
finalization of a primary 24-hour standard for
PM10–2.5, EPA proposes to revoke the current 24hour PM10 standard in all areas of the country
except in areas where there is at least one monitor
located in an urbanized area (as defined by the U.S.
Bureau of the Census) with a minimum population
of 100,000 that violates the current 24-hour PM10
standard based on the most recent three years of
data. In addition, EPA proposes to revoke the
current annual PM10 standard upon finalization of
a primary 24-hour standard for PM10–2.5.
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Rules and Regulations
sroberts on PROD1PC70 with RULES
of this Federal Register publication,
EPA is publishing a separate document
that will serve as the proposal should
adverse comments be filed. This action
will be effective May 15, 2006, without
further notice unless the EPA receives
relevant adverse comments by April 13,
2006.
If we receive such comments, then we
will publish a document withdrawing
the final rule and informing the public
that the rule will not take effect. All
public comments received will then be
addressed in a subsequent final rule
based on the proposed rule. We will not
institute a second comment period.
Parties interested in commenting should
do so at this time. If no such comments
are received, the public is advised that
this rule will be effective on May 15,
2006 and no further action will be taken
on the proposed rule.
V. 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 makes a
determination based on air quality data
and does not impose any additional
requirements. 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 does not impose any additional
enforceable duty, 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 97249, 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,
VerDate Aug<31>2005
16:18 Mar 13, 2006
Jkt 208001
August 10, 1999). This action merely
makes a determination based on air
quality data and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. 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.
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 15, 2006. 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 section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
13025
Dated: March 1, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 06–2430 Filed 3–13–06; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
Frequency Allocations and Radio
Treaty Matters
CFR Correction
In Title 47 of the Code of Federal
Regulations, parts 0 to 19, revised as of
October 1, 2005, on page 474, § 2.1 is
corrected by adding the following
definitions to read as follows:
§ 2.1
Terms and definitions.
*
*
*
*
*
Harmful Interference. Interference
which endangers the functioning of a
radionavigation service or of other
safety services or seriously degrades,
obstructs, or repeatedly interrupts a
radiocommunication service operating
in accordance with [the ITU] Radio
Regulations. (CS)
High Altitude Platform Station
(HAPS). A station located on an object
at an altitude of 20 to 50 km and at a
specified, nominal, fixed point relative
to the Earth. (RR)
*
*
*
*
*
[FR Doc. 06–55513 Filed 3–13–06; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216044–6044–01; I.D.
030906A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 of the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the B season allowance of the 2006 total
allowable catch (TAC) of pollock for
Statistical Area 630 of the GOA.
E:\FR\FM\14MRR1.SGM
14MRR1
]]>Agencies
[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Rules and Regulations]
[Pages 13021-13025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2430]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2006-0041; FRL-8045-1]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; State of Arizona; Particulate
Matter of 10 Microns or Less; Finding of Attainment for Yuma
Nonattainment Area; Determination Regarding Applicability of Certain
Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action under the Clean Air Act to
determine that the Yuma nonattainment area in Arizona has attained the
National Ambient Air Quality Standards (NAAQS) for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10). This determination is based upon
monitored air quality data for the PM10 NAAQS during the
years 1998-2000. EPA also finds that the Yuma area is currently in
attainment of the PM10 NAAQS, and based on this finding, EPA
is determining that certain Clean Air Act requirements are not
applicable for so long as the Yuma area continues to attain the
PM10 NAAQS.
DATES: This rule is effective on May 15, 2006, without further notice,
unless EPA receives adverse comments by April 13, 2006. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0041, by one of the following methods:
(1) Federal eRulemaking portal: https://www.regulations.gov. Follow
the on-line instructions.
(2) E-mail: rosen.rebecca@epa.gov.
(3) Mail or deliver: Rebecca Rosen (AIR-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through the
www.regulations.gov or e-mail. www.regulations.gov is an anonymous
access system, and EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send e-mail directly to EPA, your e-mail address will be automatically
captured and included as part of the public comment. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
Docket: The index to the docket for this action is available
electronically at https://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Rebecca Rosen, EPA Region IX, (415)
947-4152, rosen.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, we mean the Environmental Protection
Agency (EPA).
Table of Contents
I. Background
A. What National Ambient Air Quality Standards (NAAQS) Are
Considered in Today's Finding?
B. What Is the Designation and Classification of This
PM10 Nonattainment Area?
C. How Do We Make Attainment Determinations?
II. What Is the Basis for EPA's Determination That the Yuma
Nonattainment Area Has Attained the PM10 NAAQS?
III. What Are the Applicable Planning Requirements for the Yuma
Nonattainment Area As a Result of EPA's Attainment Determination?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews
I. Background
A. What National Ambient Air Quality Standards (NAAQS) Are Considered
in Today's Finding?
Particulate matter with an aerodynamic diameter of less than or
equal to 10 micrometers (PM10) is the subject of this
action. The NAAQS are limits for certain ambient air pollutants set by
EPA to protect public health and welfare. PM10 is among the
ambient air
[[Page 13022]]
pollutants for which EPA has established a health-based standard.
PM10 causes adverse health effects by penetrating deep
into the lungs, aggravating the cardiopulmonary system. Children, the
elderly, and people with asthma and heart conditions are the most
vulnerable.
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter with an indicator that includes only those particles
with an aerodynamic diameter less than or equal to a nominal 10
micrometers. See 40 CFR 50.6. The 24-hour primary PM10
standard is 150 micrograms per cubic meter [mu]g/m\3\ with no more than
one expected exceedance per year. The annual primary PM10
standard is 50 [mu]g/m\3\ as an annual arithmetic mean. The secondary
PM10 standards, promulgated to protect against adverse
welfare effects, are identical to the primary standards.
B. What Is the Designation and Classification of This PM10
Nonattainment Area?
Upon enactment of the 1990 Clean Air Act Amendments (CAA or
``Act''), PM10 areas meeting the requirements of either (i)
or (ii) of section 107(d)(4)(B) of the Act were designated
nonattainment for PM10 by operation of law and classified
``moderate.'' These areas included all former Group I PM10
planning areas identified in 52 FR 29383 (August 7, 1987) and further
clarified in 55 FR 45799 (October 31, 1990), and any other areas
violating the NAAQS for PM10 prior to January 1, 1989 (many
of these areas were identified by footnote 4 in the October 31, 1990
Federal Register document). A Federal Register notice announcing the
areas designated nonattainment for PM10 upon enactment of
the 1990 Act Amendments, known as ``initial'' PM10
nonattainment areas, was published on March 15, 1991 (56 FR 11101). A
subsequent Federal Register document correcting some of these areas was
published on August 8, 1991 (56 FR 37654). These nonattainment
designations and moderate area classifications were codified in 40 CFR
part 81 in a Federal Register document published on November 6, 1991
(56 FR 56694). All other areas in the nation not designated
nonattainment at enactment were designated unclassifiable (see section
107(d)(4)(B)(iii) of the Act).
The Yuma planning area was listed by EPA as a Group I area (see 52
FR 29383, August 7, 1987) and was designated nonattainment for
PM10 by operation of law and classified ``moderate.'' In
accordance with section 189(a)(2) of the CAA, Arizona was to submit a
state implementation plan (SIP) by November 15, 1991 demonstrating
attainment of the PM10 standards by December 31, 1994 for
the Yuma area.\1\
---------------------------------------------------------------------------
\1\ Arizona submitted a moderate area plan for the Yuma area on
November 14, 1991; EPA found this plan to be incomplete on May 14,
1992. Arizona submitted a revised plan for Yuma on July 12, 1994.
EPA found the revised plan to be complete but has not taken action
on it.
---------------------------------------------------------------------------
C. How Do We Make Attainment Determinations?
Pursuant to sections 179(c)(1) and 188(b)(2) of the Act, we have
the responsibility of determining within six months of the applicable
attainment date whether, based on air quality data, PM10
nonattainment areas attained the NAAQS by that date. The ``applicable
attainment date'' is December 31, 1994 for areas, such as Yuma, that
were designated as ``moderate'' nonattainment for PM10 by
operation of law under the 1990 Amended Act. Determinations under
section 179(c)(1) of the Act are to be based upon an area's ``air
quality as of the attainment date.'' Section 188(b)(2) is consistent
with this requirement.
Generally, we will determine whether an area's air quality meets
the PM10 NAAQS for purposes of section 179(c)(1) and
188(b)(2) based upon data gathered at established state and local air
monitoring stations (SLAMS) and national air monitoring stations (NAMS)
in the nonattainment area and entered into the EPA's Air Quality System
(AQS) database. Data entered into the AQS has been determined to meet
federal monitoring requirements (see 40 CFR 50.6; 40 CFR part 50,
appendix J; 40 CFR part 53; 40 CFR part 58, appendices A and B) and may
be used to determine the attainment status of areas. We will also
consider air quality data from other air monitoring stations in the
nonattainment area provided that the stations meet the federal
monitoring requirements for SLAMS. All data are reviewed to determine
the area's air quality status in accordance with our guidance at 40 CFR
part 50, Appendix K.
Attainment of the annual PM10 standard is achieved when
the annual arithmetic mean PM10 concentration over a three-
year period is equal to or less than 50 [mu]g/m\3\. Attainment of the
24-hour standard is determined by calculating the expected number of
days in a year with PM10 concentrations greater than 150
[mu]g/m\3\. The 24-hour standard is attained when the expected number
of days per year with levels above 150 [mu]g/m\3\ (averaged over a
three-year period) is less than or equal to one. Three consecutive
years of air quality data are necessary to show attainment of the 24-
hour and annual standards for PM10. See 40 CFR part 50 and
appendix K. A complete year of air quality data, as referred to in 40
CFR part 50 Appendix K, includes all 4 calendar quarters with each
quarter containing data from at least 75 percent of the scheduled
sampling days.\2\
---------------------------------------------------------------------------
\2\ However, as explained in more detail in the following
section of this notice, EPA guidelines allow for data substitution
only under circumstances where data capture is at least 50 percent
but less than 75 percent.
---------------------------------------------------------------------------
II. What Is the Basis for EPA's Determination That the Yuma
Nonattainment Area Has Attained the PM10 NAAQS?
The Yuma PM10 nonattainment area is located in the lower
Colorado River Valley in the southwestern portion of Yuma County. The
PM10 nonattainment area consists of 456 square miles, which
is roughly eight percent of the land area of Yuma County (5,500 square
miles). Yuma County is located in the southwestern portion of Arizona
that borders California and Mexico. The cities of Yuma and Somerton are
the largest population centers in the Yuma PM10
nonattainment area. The city of Yuma, the county seat, is located below
the convergence of the Gila and Colorado Rivers on the far western side
of the PM10 nonattainment area. The city of Somerton is
located in the southwestern portion of the PM10
nonattainment area. Agriculture is the primary industry in Yuma County.
The Arizona Department of Economic Security predicts that Yuma County's
population is expected to increase by 37.5 percent from 138,025 in 2000
to 189,783 in 2015.\3\ Approximately one-half of the county's year-
round population resides in the city of Yuma. During the winter, Yuma
County's population increases significantly due to seasonal residents.
---------------------------------------------------------------------------
\3\ Arizona Department of Economic Security, 2006.
---------------------------------------------------------------------------
The Yuma PM10 nonattainment area has one SLAMS monitor
operated by the Arizona Department of Environmental Quality (ADEQ).
This monitor was located at the Yuma County Juvenile Center in the city
of Yuma from 1988 until the second quarter of 2002, after which time it
was relocated to the nearby Yuma County Courthouse, which is also
located in the city of Yuma. ADEQ measures ambient (24-hour-average)
PM10 concentrations in Yuma at a frequency of once every six
days.
Table 1 summarizes the PM10 data collected in Yuma from
1992-2005 and reported by ADEQ to the AQS database. Table 1 also
indicates which years had
[[Page 13023]]
four complete quarters of data (including any allowable data
substitution \4\), making the data from that year eligible for use in
determining whether the area has attained the PM10 NAAQS, if
that year is followed by two consecutive years also with four complete
quarters of data. As shown in Table 1, no exceedances of the 24-hour
PM10 NAAQS of 150 [mu]g/m\3\ were measured in Yuma during
the 1992-1994 period and the annual-average PM10
concentrations measured during that period were well below the
corresponding standard of 50 Fg/m\3\. However, even with allowable data
substitution, the data capture for Yuma was not sufficient for the
1992-1994 period to allow us to make a finding of attainment for the
applicable attainment date of December 31, 1994.
---------------------------------------------------------------------------
\4\ The regulatory requirement for data capture in 40 CFR part
50, Appendix K, is 75 percent on a quarterly basis. According to the
``Guideline on Exceptions to Data Requirements for Determining
Attainment of Particulate Matter Standards'' (see EPA document 450/
4-87-005, April 1987), when data capture is at least 50 percent but
less than 75 percent, data may be substituted for the missing data.
Per the above-referenced guideline, monitoring data from the same
quarter in any one of the years used to determine attainment may be
substituted for missing PM10 data. The maximum
PM10 value that was observed in that quarter over the
last three years is substituted for missing scheduled sampling days.
Table 1.--Summary of 24 Hour and Annual PM10 Concentrations ([mu]g/m\3\) for Yuma, 1992-2005 \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------------------------
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
Highest 24-hour-average.............................. 62 65 66 75 103 108 112 100 132 \2\ 125 127 114 86
150
Annual average....................................... 29.0 33.9 37.3 41.5 52.1 42.4 39.7 36.7 \3\ 41.2 51.8 38.1 45.0 30.8
54.3
Four complete quarters?.............................. Yes Yes No Yes Yes No Yes Yes Yes No Yes Yes Yes \4\
NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The data summary in Table 1 includes substituted data and was analyzed according to the ``Guideline on Exceptions to Data Requirements for
Determining Attainment of Particulate Matter Standards.'' See footnote 4. The fourth quarter in 1994, the second quarter in 1997, and the first and
fourth quarters in 2001 were not eligible for data substitution. The incomplete data from these quarters was included in the calculation of the annual
average for each of these years.
\2\ The highest measured 24-hour-average concentration in 2001 was 150 [mu]g/m\3\, which is equal to the 24-hour PM10 NAAQS, but which is not considered
an ``exceedance.'' Under EPA regulations, an exceedance of the 24-hour-average standard represents concentrations of 155 [mu]g/m\3\ or greater. See 40
CFR 50, appendix K.
\3\ Data substitution results in a conservative estimate of the annual average. See footnote 4. For example, the annual average for 2000 of 54.3 [mu]g/
m\3\ would be reduced to 42.3 [mu]g/m\3\ if data substition was not used. The method of data substitution was used to calculate annual averages for
1993-1997, 2000-2002, and 2004.
\4\ We have received AQS data from ADEQ through September 30, 2005. States are required to report data to AQS on a rolling basis and have until 90 days
from the end of a given quarter to submit quality-assured monitoring data into AQS. See 40 CFR 58.28.
NA: Not Applicable.
Like the 1992-1994 period, the series of three-year periods
immediately following 1992-1994 also show no exceedances of the
PM10 NAAQS but an incomplete data set in 1997 prevents us
from making an attainment finding until 1998-2000, the first three-year
period after the applicable attainment date with sufficient data
capture to make an attainment finding consistent with 40 CFR Part 50,
Appendix K.
As noted above, the 24-hour PM10 standard is attained
when the expected number of days per year with levels above 150 [mu]g/
m\3\ (averaged over a three-year period) is less than or equal to one.
When we apply data substitution per the above-referenced guideline for
the period 1998-2000, we find no exceedances of the 24-hour
PM10 NAAQS for the 1998-2000 period and thus the expected
number of days per year with levels above 150 [mu]g/m\3\ (averaged over
that three-year period) is zero. As such, pursuant to sections
179(c)(1) and 188(b)(2) of the Act, we find that Yuma has attained the
24-hour PM10 NAAQS. Since 2000, there is one year (2001) in
which four complete quarters of data are not available, but because the
data from the most recent three-year period (2002-2004) are complete
and show no exceedances,\5\ and because the latest available
information for 2005 also reveals no exceedances, we conclude that Yuma
is currently in attainment of the 24-hour PM10 NAAQS.
---------------------------------------------------------------------------
\5\ On August 18, 2002, ADEQ measured 170 [mu]g/m\3\, 24-hour-
average, at the Yuma monitoring station; however, EPA concurred with
ADEQ on the exclusion of this data from design value calculations
due to a high wind event that occurred on that date. ADEQ has
prepared a Natural Events Action Plan (NEAP) in response to that
event. The NEAP includes the development and implementation of Best
Available Control Measures (BACM) for anthropogenic PM10
sources that contributed to the event.
---------------------------------------------------------------------------
Also as noted above, attainment of the annual PM10
standard is achieved when the annual arithmetic mean PM10
concentration over a three-year period is equal to or less than 50
[mu]g/m\3\. Review of the data for calendar years 1998-2000 reveals an
arithmetic average of 43.6 [mu]g/m\3\. As such, pursuant to sections
179(c)(1) and 188(b)(2) of the Act, we find that Yuma has attained the
annual PM10 NAAQS. As noted previously, the data set for
year 2001 is not complete, but the data from the most recent complete
three-year period (2002-2004) show that Yuma is currently in attainment
of the annual PM10 NAAQS.
III. What Are the Applicable Planning Requirements for the Yuma
Nonattainment Area as a Result of EPA's Attainment Determination?
The air quality planning requirements for moderate PM10
nonattainment areas, such as the Yuma nonattainment area, are set out
in part D, subparts 1 and 4 of title I of the Act. We have issued
guidance in a General Preamble \6\ describing how we will review SIPs
and SIP revisions submitted under title I of the Act, including those
containing moderate PM10 nonattainment area SIP provisions.
---------------------------------------------------------------------------
\6\ ``General Preamble for the Implementation of Title I of the
Clean Air Act Amendments of 1990'' (57 FR 13498, April 16, 1992, as
supplemented 57 FR 18070, April 28, 1992).
---------------------------------------------------------------------------
In nonattainment areas where monitored data demonstrates that the
NAAQS have already been achieved, EPA has determined that certain
requirements of part D, subparts 1 and 2 of title I of the Act (with
respect to 1-hour ozone) do not apply. Therefore, we do not require
certain submissions for an area that has attained the NAAQS. These
include reasonable further progress (RFP) requirements, attainment
demonstrations and contingency measures, because these provisions have
the purpose of helping achieve attainment of the NAAQS.
[[Page 13024]]
This interpretation of the CAA is known as the Clean Data Policy
and is the subject of two EPA memoranda. EPA also finalized the
statutory interpretation set forth in the policy in a final rule, 40
CFR 51.918, as part of its ``Final Rule to Implement the 8-hour Ozone
National Ambient Air Quality Standard--Phase 2'' (Phase 2 Final Rule).
See discussion in the preamble to the rule at 70 FR 71612, 71645-46
(November 29, 2005). EPA believes that the legal bases set forth in
detail in our Phase 2 Final Rule, our May 10, 1995 memorandum from John
S. Seitz, entitled ``Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality Standard,'' and our
December 14, 2004 memorandum from Stephen D. Page entitled ``Clean Data
Policy for the Fine Particle National Ambient Air Quality Standards''
are equally pertinent to the interpretation of provisions of subparts 1
and 4 applicable to PM10. Our interpretation that an area
that is attaining the standards is relieved of obligations to
demonstrate RFP and to provide an attainment demonstration and
contingency measures pursuant to part D of the CAA, pertains whether
the standard is PM10, ozone or PM2.5.\7\
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\7\ Three U.S. Circuit Courts of Appeals have upheld EPA
rulemakings applying its interpretation of subparts 1 and 2 with
respect to ozone. Sierra Club v. EPA, 99 F.3d 1551 (10th Cir. 1996);
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our Children's
Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28, 2005)
(memorandum opinion).
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It has been EPA's longstanding interpretation that the general
provisions of part D, subpart 1 of the Act (sections 171 and 172) do
not require the submission of SIP revisions concerning RFP for areas
already attaining the ozone NAAQS because the stated purpose of RFP is
to ensure attainment by the applicable date. 57 FR at 13564. EPA
believes the same reasoning applies to the PM10 provisions
of part D, subpart 4. CAA section 189(c)(1), applicable to
PM10 nonattainment areas, states that revisions shall
contain milestones which are to be achieved until the area is
redesignated to attainment, such milestones are designed to show
reasonable further progress ``toward attainment by the applicable
date,'' as defined by section 171. Thus, it is clear that once the area
has attained the standard, no further milestones are necessary or
meaningful.
With respect to the attainment demonstration requirements of
section 189(a)(1)(B) an analogous rationale leads to the same result.
CAA section 189(a)(1)(B), requires that the plan provide for ``a
demonstration (including air quality modeling) that the [SIP] will
provide for attainment by the applicable attainment date * * *'' As
with the RFP requirements, if an area is already monitoring attainment
of the standards, EPA believes there is no need for an area to make a
further submission containing additional measures to achieve
attainment. This is also consistent with the interpretation of the
section 172(c) requirements provided by EPA in the General Preamble (57
at 13564), the December 14, 2004 memorandum, and the section 182(b) and
(c) requirements set forth in the May 10, 1995 memorandum.
Other SIP submission requirements are linked with these attainment
demonstration and RFP requirements, and similar reasoning applies to
them. These requirements include the contingency measure requirements
of section 172(c)(9) and 182(c)(9). We have interpreted the contingency
measure requirements of section 172(c)(9) and 182(c)(9) as no longer
applying when an area has attained the standard because those
``contingency measures are directed at ensuring RFP and attainment by
the applicable date.'' (57 FR at 13564); May 10, 1995 memorandum at 5-
6.
Here, as in both our Phase 2 Final Rule and ozone and
PM2.5 clean data memoranda, we emphasize that the suspension
of a requirement to submit SIP revisions concerning these RFP,
attainment demonstration, contingency, and other related requirements
exists only for as long as a nonattainment area continues to monitor
attainment of the standard. If such an area experiences a violation of
the NAAQS, the basis for the requirements being suspended would no
longer exist. Therefore, should EPA at some future time determine that
an area that had clean data, but which has not yet been redesignated as
attainment for a NAAQS, has violated the relevant standard, the State
would again be required to submit the pertinent CAA requirements for
the area.
With respect to the Yuma PM10 nonattainment area, based
on the finding made herein that Yuma is currently in attainment of the
PM 10 NAAQS and based on the rationale given above, we have
determined that the part D, subpart 4 obligations to provide an
attainment demonstration pursuant to section 189(a)(1)(B), the RFP
provisions established by section 189(c)(1), and the attainment
demonstration, RFP and contingency measure provisions of part D,
subpart 1 contained in section 172 of the Act are not applicable for so
long as the Yuma area continues to monitor attainment of the
PM10 NAAQS. If measurements of ambient PM10
concentrations in the Yuma area reveal a violation of the
PM10 NAAQS, then the State of Arizona would again be
required to submit the pertinent CAA requirements for this
nonattainment area.\8\
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\8\ Note, however, that on January 17, 2006, EPA published
proposed revisions to the NAAQS for particulate matter. See https://
www.epa.gov/fedrgstr/EPA-AIR/2006/January/Day-17/. The proposed
revisions address two categories of particulate matter: fine
particles which are particles 2.5 micrometers in diameter and
smaller; and ``inhalable coarse'' particles which are particles
between 2.5 and 10 micrometers (PM10-2.5). Upon
finalization of a primary 24-hour standard for PM10-2.5,
EPA proposes to revoke the current 24-hour PM10 standard
in all areas of the country except in areas where there is at least
one monitor located in an urbanized area (as defined by the U.S.
Bureau of the Census) with a minimum population of 100,000 that
violates the current 24-hour PM10 standard based on the
most recent three years of data. In addition, EPA proposes to revoke
the current annual PM10 standard upon finalization of a
primary 24-hour standard for PM10-2.5.
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IV. EPA's Final Action
Based on quality-assured data meeting the requirements of 40 CFR
part 50, appendix K, we find that the Yuma, Arizona nonattainment area
has attained the PM10 NAAQS. This action is a finding of
attainment under sections 179(c)(1) and 188(b)(2) of the Clean Air Act
and not a redesignation to attainment under CAA section 107(d)(3)
because we have not yet approved a maintenance plan meeting the
requirements of section 175A of the CAA or determined that the area has
met the other CAA requirements for redesignation. The classification
and designation status in 40 CFR part 81 will remain moderate
nonattainment for this area until such time as Arizona meets the CAA
requirements for redesignation of the Yuma PM10 area to
attainment.
EPA also finds that, because the Yuma ``moderate'' nonattainment
area is currently in attainment of the PM10 NAAQS, the
following CAA requirements are not applicable for so long as the area
continues to attain the PM10 NAAQS: the part D, subpart 4
obligations to provide an attainment demonstration pursuant to section
189(a)(1)(B), the RFP provisions established by section 189(c)(1), and
the attainment demonstration, RFP and contingency measure provisions of
part D, subpart 1 contained in section 172 of the Act.
We are publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the proposed rules section
[[Page 13025]]
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal should adverse comments be
filed. This action will be effective May 15, 2006, without further
notice unless the EPA receives relevant adverse comments by April 13,
2006.
If we receive such comments, then we will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. We will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on May 15, 2006 and no
further action will be taken on the proposed rule.
V. 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 makes a determination based on air quality data and does not
impose any additional requirements. 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 does not impose any
additional enforceable duty, 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 97249, 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 merely makes a determination
based on air quality data and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. 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.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 15, 2006. 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 section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 1, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 06-2430 Filed 3-13-06; 8:45 am]
BILLING CODE 6560-50-P
