+(,121/,1(

Citation: 61 Fed. Reg. 39343 1996 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Tue Nov 6 14:14:36 2012

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules and Regulations

Dated: July 16, 1996.

A. Stanley Meiburg,

A ctin g Regional Administrator.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:

PART 70-[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding paragraphs (a) and (e) to the

entry for Tennessee to read as follows:

Appendix A to Part 70-Approval

Status of State and Local Operating

Permits Programs

Tennessee

(a) Tennessee Department of

Environment and Conservation:

submitted on November 10, 1994, and

supplemented on December 5, 1994,

August 8, 1995, January 17, 1996,

January 30, 1996, February 13, 1996,

April 9, 1996, June 4, 1996, June 12,

1996, July 3, 1996, and July 15, 1996;

interim approval effective on August 28,

1996; interim approval expires August

31, 1998.

(e) Memphis-Shelby County Health

Department: submitted on June 26,

1995, and supplemented on August 22,

1995, August 23, 1995, August 24, 1995,

January 29, 1996, February 7, 1996,

February 14, 1996, March 5, 1996, and

April 10, 1996; interim approval

effective on August 28, 1996; interim

approval expires August 31, 1998.

[FR Doc. 96 19091 Filed 7 26 96; 8:45 am]

BILLING CODE 6560-50-P

40 CFR Part 81

[AZR91-0003; FRL-5543-6]

Clean Air Act Reclassification;

Arizona-Phoenix Area; Carbon

Monoxide

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: In this document EPA is

making a final finding that the Phoenix

nonattainment area (Maricopa County,

Arizona) has not attained the carbon

monoxide (CO) national ambient air

quality standards (NAAQS) by the

applicable attainment date in the Clean

Air Act (CAA) for moderate CO

nonattainment areas, December 31,

1995. This finding is based on EPA's

review of CO ambient air quality data.

As a result of this finding, the Phoenix

area is reclassified as a serious CO

nonattainment area by operation of law.

The intended effect of the

reclassification is to allow the State 18

months from the effective date of this

action to submit a new State

Implementation Plan (SIP)

demonstrating attainment of the CO

NAAQS as expeditiously as practical

but no later than December 31, 2000, the

CAA attainment date for serious areas.

EFFECTIVE DATE: This action is effective

on August 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Frances Wicher, Mobile Sources

Section, A-2-1, Air and Toxics

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, California 94105, (415)

744-1248.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions

Concerning Designation, Classification

and Reclassification

The Clean Air Act Amendments of

1990 (CAA) were enacted on November

15, 1990. Under section 107(d)(1)(C) of

the CAA, each carbon monoxide (CO)

area designated nonattainment prior to

enactment of the 1990 Amendments,

such as the Phoenix Area, was

designated nonattainment by operation

of law upon enactment of the 1990

Amendments. Under section 186(a) of

the Act, each CO area designated

nonattainment under section 107(d) was

also classified by operation of law as

either "moderate" or "serious"

depending on the severity of the area's

air quality problem. The Maricopa Area

was classified as moderate. 40 CFR

81.303. Moderate CO nonattainment

areas were required to attain the CO

national ambient air quality standards

(NAAQS) as expeditiously as

practicable but no later than December

31, 1995.

EPA has the responsibility, pursuant

to sections 179(c) and 186(b)(2) of the

CAA, of determining, within six months

of the applicable attainment date,

whether the Phoenix area has attained

the CO NAAQS. Under section

186(b)(2)(A), if EPA finds that the area

has not attained the CO NAAQS, it is

reclassified as serious by operation of

law. Pursuant to section 186(b)(2)(B) of

the Act, EPA must publish a document

in the Federal Register identifying areas

which failed to attain the standard and

therefore must be reclassified as serious

by operation of law. EPA makes

attainment determinations for CO

nonattainment areas based upon

whether an area has two years (or eight

consecutive quarters) of clean air quality

data.

EPA has promulgated two NAAQS for

CO: an 8-hour average concentration

and a 1-hour average concentration.

Because there were no violations of the

1-hour standard in the Phoenix area in

1994 and 1995, this document addresses

only the air quality status of the area

with respect to the 8-hour standard.

The reader should consult EPA's

Notice of Proposed Rulemaking (NPRM)

for this action for a more detailed

discussion of the applicable CAA

requirements, and EPA guidance on

those requirements and on the method

of calculating CO NAAQS violations for

reclassification purposes. See 61 FR

21415 (May 10, 1996).

B. Effect of Reclassification

CO nonattainment areas reclassified

as serious are required to submit, within

18 months of the area's reclassification,

SIP revisions providing for attainment

of the CO NAAQS as expeditiously as

practicable but no later than December

31, 2000. In addition, the State must

submit a SIP revision that includes: (1)

a forecast of vehicle miles travelled

(VMT) for each year before the

attainment year and provisions for

annual updates of these forecasts; (2)

adopted contingency measures; and (3)

adopted transportation control measures

and strategies to offset any growth in CO

emissions from growth in VMT or

number of vehicle trips. See CAA

sections 187(a)(7), 187(a)(2)(A),

187(a)(3), 187(b)(2), and 187(b)(1).

Finally, upon the effective date of this

reclassification, contingency measures

in the moderate area plan for the

Phoenix area must be implemented.

C. Proposed Finding of Failure to Attain

On May 10, 1996 EPA proposed to

find that the Phoenix area had failed to

attain the CO NAAQS by the applicable

attainment date. 61 FR 21415. This

proposed finding was based on CO

monitoring data collected by Maricopa

County Environmental Services

Department during the years 1994 and

1995. These data demonstrate violations

of the CO NAAQS in both years. For the

specific data considered by EPA in

making this proposed finding, see 61 FR

21415.

II. Response To Comments on Proposed

Finding

During the public comment period on

EPA's proposed finding, the Agency

received a comment only from the

Arizona Department of Environmental

Quality (ADEQ). ADEQ expressed its

39343

HeinOnline -- 61 Fed. Reg. 39343 1996
39344 Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules and Regulations

concern that CAA section 107(d)(4)(A)

(iv) and (v) could be construed to mean

that the Phoenix CO nonattainment area

(which currently includes only the

urbanized area of Maricopa County)

would be expanded to include all of the

Phoenix metropolitan statistical area

(MSA) (the entire County) upon

reclassification to serious and stated

that it supports EPA's interpretation that

this requirement applies only to the

initial designation and classification of

an area to nonattainment.

CAA section 107(d)(4)(A)(iv) states

that, if a carbon monoxide

nonattainment area located in a MSA is

classified as serious, the boundaries of

such area are revised by operation of

law to include the entire MSA. A CO

area is classified at the time it is

designated as nonattainment either (1)

by operation of law on the date of

enactment of the 1990 Clean Air Act

Amendments, or (2) after enactment if

the area was designated attainment or

unclassifiable but later experiences

NAAQS violations. See section 186

(a)(1) and (b)(1). Therefore, section

107(d)(4)(A)(iv) applies only in these

two situations and does not apply to the

reclassification of an already existing

nonattainment area that is based on a

failure to attain. As a result, the

boundaries of the Phoenix CO

nonattainment area are unaffected by

the area's reclassification to serious.'

Il. Today's Final Action

EPA is today taking final action to

find that the Phoenix area did not attain

the CO NAAQS by December 31, 1995,

the CAA attainment date for moderate

CO nonattainment areas. As a result of

this finding, the Phoenix area is

reclassified by operation of law as a

serious CO nonattainment area as of the

effective date of this document.

IV. Executive Order (EO) 12866

Under E.O. 12866, 58 FR 51735

(October 4, 1993), EPA is required to

determine whether regulatory actions

are significant and therefore should be

subject to OMB review, economic

analysis, and the requirements of the

Executive Order. The Executive Order

defines a "significant regulatory action"

as one that is likely to result in a rule

1

Even if the boundary expansion provision of

section 107(d)(4)(A)(iv) were deemed to apply to

reclassified areas, EPA believes that the State would

likely qualify under section 107(d)(4)(A) (iv) and (v)

for an exclusion from that requirement. Section

107(d)(4)(A)(v) allows exclusion of areas in the

MSA from the nonattainment area where the

that may meet at least one of the four

criteria identified in section 3(f),

including, under paragraph (1), that the

rule may "have an annual effect on the

economy of $100 million or more or

adversely affect, in a material way, the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities."

The Agency has determined that the

finding of failure to attain finalized

today would result in none of the effects

identified in section 3(f). Under section

186(b)(2) of the CAA, findings of failure

to attain and reclassification of

nonattainment areas are based upon air

quality considerations and must occur

by operation of law in light of certain air

quality conditions. They do not, in-andof-themselves, impose any new

requirements on any sectors of the

economy. In addition, because the

statutory requirements are clearly

defined with respect to the differently

classified areas, and because those

requirements are automatically triggered

by classifications that, in turn, are

triggered by air quality values, findings

of failure to attain and reclassification

cannot be said to impose a materially

adverse impact on State, local, or tribal

governments or communities.

V. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et. seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

As discussed in section IV of this

document, findings of failure to attain

and reclassification of nonattainment

areas under section 186(b)(2) of the CAA

do not in-and-of-themselves create any

new requirements. Therefore, I certify

that today's final action does not have

a significant impact on small entities.

Administrator finds that sources in the those areas

do not contribute significantly to violations of the

NAAQS. Cars represent the most significant

contributor to CO violations in metropolitan

Phoenix. Data, however, indicate that only a very

small fraction of cars operating within the

metropolitan area are registered in Maricopa County

VI. Unfunded Mandates

Under sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (Unfunded Mandates Act), signed

into law on March 22, 1995, EPA must

assess whether various actions

undertaken in association with

proposed or final regulations include a

Federal mandate that may result in

estimated costs of $100 million or more

to the private sector, or to State, local or

tribal governments in the aggregate.

EPA believes, as discussed above, that

the finding of failure to attain and

reclassification of the Maricopa Area are

factual determinations based upon air

quality considerations and must occur

by operation of law and, hence, do not

impose any federal intergovernmental

mandate, as defined in section 101 of

the Unfunded Mandates Act.

VII. Small Business Regulatory

Enforcement Fairness Act (SBREFA)

Under section 801(a)(1)(A) of the

Administrative Procedures Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing

this rule and other required information

to the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today's Federal Register. This rule is

not a "major rule" as defined by section

804(2) of the APA as amended.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Intergovernmental

relations, Carbon monoxide.

Dated: July 12, 1996.

Felicia Marcus,

Regional A dm inistrator.

40 CFR part 81 is amended as follows:

PART 81-[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401 767 1q.

2. Section 81.303 is amended by

revising the table for Arizona-Carbon

Monoxide to read as follows:

§81.303 Arizona.

but outside the current nonattinment boundaries.

Thus, EPA believes the State is likely to be able to

readily show that sources outside the current

boundaries do not contribute significantly to the

area's CO violations.

HeinOnline -- 61 Fed. Reg. 39344 1996
Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules and Regulations

ARIZONA-CARBON MONOXIDE

Designation Classification

DsgaearaDate Type Date Type

Phoenix Area:

M a rico pa C o unty (pa rt) .....................................................................

Phoenix nonattainment area boundary:

1. Commencing at a point which is the intersection of the eastern

line of Range 7 East, Gila and Salt River Baseline and Meridian,

and the southern line of Township 2 South, said point is the

southeastern corner of the Maricopa Association of Governments Urban Planning Area, which is the point of beginning;

2. thence, proceed northerly along the eastern line of Range 7

East which is the common boundary between Maricopa and

Pinal Counties, as described in Arizona Revised Statute Section

11-109, to a point where the eastern line of Range 7 East intersects the northern line of Township 1 North, said point is also

the intersection of the Maricopa County Line and the Tonto National Forest Boundary, as established by Executive Order 869

dated July 1, 1908, as amended and showed on the U.S. Forest

Service 1969 Planimetric Maps;

3. thence, westerly along the northern line of Township 1 North to

approximately the southwest corner of the southeast quarter of

Section 35, Township 2 North, Range 7 East, said point being

the boundary of the Tonto National Forest and Usery Mountain

Semi-Regional Park;

4. thence, northerly along the Tonto National Forest Boundary,

which is generally the western line of the east half of Sections

26 and 35 of Township 2 North, Range 7 East, to a point which

is where the quarter section line intersects with the northern line

of Section 26, Township 2 North, Range 7 East, said point also

being the northeast corner of the Usery Mountain Semi-Regional Park;

5. thence, westerly along the Tonto National Forest Boundary,

which is generally the south line of Section 19, 20, 21 and 22

and the southern line of the west half of Section 23, Township 2

North, Range 7 East, to a point which is the southwest corner of

Section 19, Township 2 North, Range 7 East;

6. thence, northerly along the Tonto National Forest Boundary to a

point where the Tonto National Forest Boundary intersects with

the eastern boundary of the Salt River Indian Reservation, generally described as the center line of the Salt River Channel;

7. thence, northeasterly and northerly along the common boundary

of the Tonto National Forest and the Salt River Indian Reservation to a point which is the northeast corner of the Salt River Indian Reservation and the southeast corner of the Fort McDowell

Indian Reservation, as shown on the plat dated July 22, 1902,

and recorded with the U.S. Government on June 15, 1902;

8. thence, northeasterly along the common boundary between the

Tonto National Forest and the Fort McDowell Indian Reservation

to a point which is the northeast corner of the Fort McDowell Indian Reservation;

9. thence, southwesterly along the northern boundary of the Fort

McDowell Indian Reservation, which line is a common bondary

with the Tonto National Forest, to a point where the boundary

intersects with the eastern line of Section 12, Township 4 North,

Range 6 East.

10. thence, notherly along the eastern line of Range 6 East to a

point where the eastern line of Range 6 East intersects with the

southern line of Township 5 North, said line is the boundary between the Tonto National Forest and the east boundary of

McDowell Mountain Regional Park;

11. thence, westerly along the southern line of Township 5 North

to a point where the southern line intersects with the eastern

line of Range 5 East which line is the boundary of Tonto National Forest and the north boundary of McDowell Mountain Regional Park;

12. thence, northerly along the eastern line of Range 5 East to a

point where the eastern line of Range 5 East intersects with the

northern line of Township 5 North, which line is the boundary of

the Tonto National Forest;

11/15/90 Nonattainment .... Aug. 28, 1996 ... Serious.

39345

HeinOnline -- 61 Fed. Reg. 39345 1996
39346 Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules and Regulations

ARIZONA-CARBON MONOXIDE-Continued

Designation Classification

Designated area

Date Type Date Type

13. thence, westerly along the northern line of Township 5 North

to a point where the northern line of Township 5 North intersects with the easterly line of Range 4 East, said line is the

boundary of Tonto National Forest;

14. thence, northerly along the eastern line of Range 4 East to a

point where the eastern line of Range 4 East intersects with the

northern line of Township 6 North, which line is the boundary of

the Tonto National Forest;

15. thence, westerly along the northern line of Township 6 North

to a point of intersection with the Maricopa-Yavapai County line,

which is generally described in Arizona Revised Statute Section

11-109 as the center line of the Aqua Fria River (Also the north

end of Lake Pleasant);

16. thence, southwesterly and southerly along the MaricopaYavapai County line to a point which is described by Arizona

Revised Statute Section 11-109 as being on the center line of

the Aqua Fria River, two miles southerly and below the mouth of

Humbug Creek;

17. thence, southerly along the center line of Aqua Fria River to

the intersection of the center line of the Aqua Fria River and the

center line of Beardsley Canal, said point is generally in the

northeast quarter of Section 17, Township 5 North, Range 1

East, as shown on the U.S. Geological Survey's Baldy Mountain, Arizona Quadrangle Map, 7.5 Minute series (Topographic),

dated 1964;

18. thence, southwesterly and southerly along the center line of

Beardsley Canal to a point which is the center line of Beardsley

Canal where it intersects with the center line of Indian School

Road;

19. thence, westerly along the center line of West Indian School

Road to a point where the center line of West Indian School

Road intersects with the center line of North Jackrabbit Trail;

20. thence, southerly along the center line of Jackrabbit Trail approximately nine and three-quarter miles to a point where the

center line of Jackrabbit Trail intersects with the Gila River, said

point is generally on the north-south quarter section line of Section 8, Township 1 South, Range 2 West.

21. thence, northeasterly and easterly up the Gila River to a point

where the Gila River intersects with the northern extension of

the western boundary of Estrella Mountain Regional Park, which

point is generally the quarter corner of the northern line of Section 31, Township 1 North, Range 1 West;

22. thence, southerly along the extension of the western boundary

and along the western boundary of Estrella Mountain Regional

Park to a point where the southern extension of the western

boundary of Estrella Mountain Regional Park intersects with the

southern line of Township 1 South;

23. thence, easterly along the southern line of Township 1 South

to a point where the south line of Township 1 South intersects

with the western line of Range 1 East, which line is generally

the southern boundary of Estrella Mountain Regional Park;

24. thence, southerly along the western line of Range 1 East to

the southwest corner of Section 18, Township 2 South, Range 1

East, said line is the western boundary of the Gila River Indian

Reservation;

25. thence, easterly along the southern boundary of the Gila River

Indian Reservation which is the southern line of Sections 13, 14,

15, 16, 17, and 18, Township 2 South, Range 1 East, to the

boundary between Maricopa and Pinal Counties as described in

Arizona Revised Statues Section 11-109 and 11-113, which is

the eastern line of Range 1 East;

26. thence, northerly along the eastern boundary of Range 1 East,

which is the common boundary between Maricopa and Pinal

Counties, to a point where the eastern line of Range 1 East

intersects the Gila River;

27. thence, southerly up the Gila River to a point where the Gila

River intersects with the southern line of Township 2 South; and

HeinOnline -- 61 Fed. Reg. 39346 1996
Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules and Regulations

ARIZONA-CARBON MONOXIDE-Continued

Designation Classification

Designated area Date Type Date Type

28. thence, easterly along the southern line of Township 2 South

to the point of beginning which is a point where the southern

line of Township 2 South intersects with the eastern line Range

7 East.

Tuscon Area:

Pim a County (part) ........................................................................... 11/15/90 Nonattainm ent .... 11/15/90 ........... Not classified.

Township and Ranges as follows: Ti 1-12S, R12-14E; T13-15S,

R11-16E; and T16S, R12-16E Gila and Salt River Baseline and

Meridian excluding portions of the Saguaro National Monument

and the Coronado National Forest.

R est of State ..................................................................................... 11/15/90 N onclassifiable/

Attainment

Apache County

Cochise County

Coconino County

Gila County

Graham County

Greenlee County

La Paz County

Maricopa County (part)

Area outside Phoenix Area:

Mohave County

Navajo County

Pima County (part)

Area outside Tucson Area:

Pinal County

Santa Cruz County

Yavapai County

Yuma County

[ER Doc. 96 19194 Filed 7 26 96; 8:45 am]

BILLING CODE 6560-50-P

40 CFR Part 180

[PP 9F3766/R2254; FRL-5385-3]

RIN 2070-AB78

Norflurazon; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This rule establishes

tolerances for residues of the herbicide

norflurazon (4-chloro-5-(methylamino)-

2-(alpha, alpha, alpha-trifluoro-m-tolyl)-

3-(2H)-pyridazinone) and its desmethyl

metabolite (4-chloro-5-(amino)-2-alpha,

alpha, alpha-trifluoro-m -tolyl)-3(2H)-

pyradazinone) in or on the following

raw agricultural commodities (RACs):

alfalfa, forage, alfalfa, hay, alfalfa, seed;

and in or on meat by products (except

liver) of cattle, goats, hogs, horses, and

sheep and in or on liver of cattle, goats,

hogs, horses and sheep resulting from

the use of norflurazon in the culture of

alfalfa. This regulation to establish a

maximum permissible level for the

residues of norflurazon was requested in

a petition submitted by Sandoz Agro,

Inc. of 1300 East Touhy Avenue Des

Plaines, Illinois 60018-3300.

EFFECTIVE DATE: July 29, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

docket number, [PP 9F3766/R2254],

may be submitted to: Hearing clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. A copy of any

objections and hearing requests filed

with the Hearing Clerk should be

identified by the docket number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing requests

to Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled "Tolerance Petition Fees" and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 36277M,

Pittsburgh, PA 15251. Information not

marked confidential may be disclosed

publicly by EPA without prior notice.

An electronic copy of objections and

hearing requests filed with the Hearing

Clerk may be submitted to OPP by

sending electonic mail (e-mail) to: oppdocket @epamail.epa.gov.

Copies of electronic objections and

hearing requests must be submitted as

an ASCII file avoiding the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in Wordperfect 5.1 file format

or as ASCII file format. All copies of

electronic objections and hearing

requests must be identified by the

docket number [PP 9F3766/R2254]. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Copies of electronic objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found in

the SUPPLEMENTARY INFORMATION

section of this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne Miller, Product Manager

(23) Registration Division (7505C),

Office of Pesticide Programs.

Environment Protection Agency, 401 M

St. SW., Washington, DC 20460. Office

location and telephone number: Rm.

237, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA 22202. (703)

305-6224, e-mail:

miller.joanne @pamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice of filing, published in

the Federal Register of June 29, 1989 (54

FR 27423), which announced that

39347

HeinOnline -- 61 Fed. Reg. 39347 1996