Environmental Protection Agency October 1, 2010 – Federal Register Recent Federal Regulation Documents

Pursuant to section 107(d)(3) of the Clean Air Act, EPA is proposing to redesignate from ``unclassifiable'' to ``nonattainment'' an area generally covering the western half of Pinal County, Arizona, for the 1987 national ambient air quality standard for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10), and therefore also proposing to revise the boundaries of the existing ``rest of state'' unclassifiable area. EPA's proposal to establish this new PM10 nonattainment area, referred to as ``West Pinal,'' is based on numerous recorded violations of the PM10 standard at various monitoring sites within the county. EPA's proposed boundaries would encompass all land geographically located within Pinal County west of the north-south line defined by the boundary between Townships 10E and 11E, but excluding the main reservation of the Tohono O'odham Nation (TON) and excluding the Apache Junction portion of the existing Phoenix PM10 nonattainment area. San Carlos Apache lands, which are located in the eastern quarter of the county, would be excluded from the proposed nonattainment area along with the rest of the eastern half of the county. If finalized as proposed, the new ``West Pinal'' PM10 nonattainment area would be classified as ``moderate'' by operation of law. The effect of this action would be to establish and delineate a new PM10 nonattainment area within Pinal County and thereby to impose certain planning requirements on the State of Arizona to reduce PM10 concentrations within this area, including, but not limited to, the requirement to submit, within 18 months of redesignation, a revision to the Arizona state implementation plan that provides for attainment of the PM10 standard as expeditiously as practicable but no later than the end of the sixth calendar year after redesignation. Lastly, EPA is deferring action on the status of certain tribal lands located within this area, including the tribal lands of the Ak-Chin Indian Community and the Gila River Indian Community, as well as TON's Florence Village and San Lucy Farm, pending further consultation with the affected tribes.

EPA is proposing to grant a petition submitted by Exxon Mobil Beaumont Refining and Supply CompanyBeaumont Refinery (Beaumont Refinery) to exclude (or delist) a certain solid waste generated by its Beaumont, Texas, facility from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0 in the evaluation of the impact of the petitioned waste on human health and the environment.