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Citation: 61 Fed. Reg. 39343 1996
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### Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules and Regulations

Dated: July 16, 1996. A. Stanley Meiburg, ActingRegional Administrator. Part 70, title 40 ofthe Code ofFederal Regulations is amended as follows:

PART70-[AMENDED]

1.The authority citation for part 70 continues to read as follows:

Authority: 42U.S.C. 7401, etseq. 2. Appendix A to part 70 is amended by adding paragraphs (a) and (e) to the entry for Tennessee toread as follows: Appendix A toPart 70-Approval Status ofState 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.

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40 CFR Part 81 [AZR91-0003; FRL-5543-6]

Clean AirAct Reclassification; Arizona-Phoenix Area; Carbon Monoxide
AGENCY: Environmental Protection Agency (EPA). ACTION: Finalrule.

SUMMARY: In this document EPAis making a final findingthat the Phoenix nonattainment area (Maricopa County, Arizona) hasnot 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 isbased on EPA's review ofCO ambient air quality data. As a result ofthis finding, the Phoenix

area is reclassified as a serious CO nonattainment area byoperation oflaw. The intended effect ofthe reclassification is to allow the State 18 months from the effective date ofthis action to submit a new State Implementation Plan (SIP) demonstrating attainment ofthe CO NAAQS as expeditiously aspractical but no later than December 31, 2000, the CAA attainment date for serious areas. EFFECTIVEDATE: 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 RequirementsandEPAActions ConcerningDesignation,Classification andReclassification

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 priorto enactment ofthe 1990 Amendments, such asthe Phoenix Area, was designated nonattainment by operation oflaw upon enactment ofthe 1990 Amendments. Under section 186(a) of the Act, each CO area designated nonattainment under section 107(d) was also classified by operation oflaw as either "moderate" or "serious" depending on the severity ofthe 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) ofthe CAA, ofdetermining, within six months ofthe applicable attainment date, whether the Phoenix area has attained the CONAAQS. Under section 186(b)(2)(A), if EPAfinds that the area has not attained the CO NAAQS, it is reclassified as serious byoperation of law. Pursuant to section 186(b)(2)(B) of the Act, EPA mustpublish a document in the Federal Register identifying areas which failed to attain the standard and therefore must be reclassified as serious by operation oflaw. EPA makes attainment determinations for CO nonattainment areas based upon whether an area has twoyears (oreight consecutive quarters) ofclean 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 ofthe 1-hour standard in the Phoenix area in 1994 and 1995, this document addresses onlythe air quality status ofthe area with respect to the 8-hour standard.

The reader should consult EPA's Notice ofProposed Rulemaking (NPRM) for this action for amore detailed discussion ofthe applicable CAA requirements, and EPA guidance on those requirements and on the method ofcalculating CO NAAQS violations for reclassification purposes. See 61 FR 21415 (May 10, 1996).

B. Effect ofReclassification

CO nonattainment areas reclassified

as serious arerequired to submit, within 18 months ofthe area's reclassification, SIP revisions providing for attainment ofthe CO NAAQS as expeditiously as practicable but no later than December 31, 2000. In addition, the State must submit a SIP revision thatincludes: (1)

a forecast ofvehicle miles travelled (VMT) for each year before the attainment year and provisions for annual updates ofthese forecasts; (2) adopted contingency measures; and (3) adopted transportation controlmeasures and strategies to offset any growth in CO emissions from growth in VMT or number ofvehicle 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 ofthis reclassification, contingency measures in the moderate area plan for the Phoenix area mustbe implemented.

C.ProposedFindingofFailuretoAttain

On May 10, 1996 EPA proposed to find that the Phoenix area had failed to attain the CONAAQS by the applicable attainment date. 61 FR21415. This proposed finding was based on CO monitoring data collected byMaricopa County Environmental Services Department during the years 1994 and 1995. These data demonstrate violations ofthe CO NAAQS in both years. For the specific data considered byEPA in makingthis 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 ofEnvironmental Quality (ADEQ). ADEQ expressed its 

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## 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 ofMaricopa County) would be expanded to include all ofthe 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 oflaw on the date of
enactment ofthe 1990 Clean Air Act Amendments, or (2) afterenactment 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 ofan already existing nonattainment area that is based on a failure to attain. As a result, the boundaries ofthe Phoenix CO nonattainment area are unaffected by the area's reclassification to serious.'

Il. Today'sFinalAction

EPA is today taking final action to find that the Phoenix area did not attain the CONAAQS by December 31, 1995, the CAA attainment date for moderate CO nonattainment areas. As a result of this finding, the Phoenix area is reclassified byoperation oflaw as a serious CO nonattainment area as ofthe effective date ofthis document.

IV. Executive Order(EO) 12866

Under E.O. 12866, 58 FR51735 (October4, 1993), EPA isrequired to determine whether regulatory actions

are significant and therefore should be subject to OMB review, economic analysis, and the requirements ofthe Executive Order. The Executive Order defines a "significant regulatory action"

as one that is likely to result in a rule

1Even if theboundary 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 thatrequirement. Section 107(d)(4)(A)(v) allows exclusion ofareas in the MSA from the nonattainment area where the that may meet atleast one ofthe 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 ofthe 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 offailure to attain finalized today would result in none ofthe effects identified in section 3(f).Under section 186(b)(2) ofthe CAA, findings offailure
to attain and reclassification of nonattainment areas are based upon air quality considerations and must occur by operation oflaw in light ofcertain air quality conditions. They do not, in-andof-themselves, impose any new requirements on any sectors ofthe economy. In addition, because the statutory requirements areclearly 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 offailure to attain and reclassification
cannot be said to impose amaterially 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

aregulatory flexibility analysis assessing theimpact ofany proposed or final rule on small entities. 5 U.S.C 603 and 604. Alternatively, EPAmay certify that the rule will not have a significant economic impact on a substantial number ofsmallentities. Small entities include smallbusinesses, small not-forprofit enterprises, and government entities withjurisdiction over populations ofless than 50,000.

As discussed in section IV ofthis document, findings offailure to attain and reclassification ofnonattainment

areas under section 186(b)(2) ofthe CAA do not in-and-of-themselves create any
new requirements. Therefore, Icertify 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 ofthe NAAQS. Cars represent the most significant contributor to CO violations in metropolitan Phoenix. Data, however,indicate that only a very small fraction ofcars 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, EPAmust

assess whether various actions undertaken in association with proposed orfinal regulations include a Federal mandate that mayresult in estimated costs of$100 million or more to theprivate sector, or to State, local or tribal governments in the aggregate.

EPA believes, as discussed above, that the finding offailure to attain and reclassification oftheMaricopa Area are factual determinations based upon air quality considerations and must occur by operation oflaw and, hence, do not impose any federalintergovernmental 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) ofthe Administrative Procedures Act (APA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted a report containing thisrule and otherrequired information
to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior topublication ofthe rule in today's FederalRegister. This rule is
not a "major rule" asdefined by section 804(2) ofthe APA as amended.
ListofSubjects in 40 CFRPart81

Environmental protection, Air pollution control, Intergovernmental relations, Carbon monoxide.

Dated:July 12, 1996. FeliciaMarcus, RegionalAdministrator.

40 CFRpart 81 is amended asfollows:

PART81-[AMENDED]

1. The authority citation forpart 81 continues to read as follows:

Authority: 42U.S.C. 7401 7671q.
2. Section 81.303 is amended by revising the table for Arizona-Carbon Monoxide toread as follows:
§81.303 Arizona.

butoutside thecurrentnonattinmentboundaries. Thus, EPAbelieves theStateis likelytobe ableto readily show thatsources outsidethecurrent boundaries donotcontribute significantly tothe area's COviolations.

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### 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

aricopaCounty (part)

..................................................................... Phoenix nonattainment area boundary: 1. Commencing at a point which isthe intersection ofthe eastern

line of Range7 East, Gilaand Salt River Baselineand 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 isthe point ofbeginning; 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 wherethe eastern line of Range 7 East intersects the northern line of Township 1 North, said point is also the intersection ofthe Maricopa County Line and the Tonto National Forest Boundary, as established by Executive Order 869 datedJuly 1,1908, as amended and showed onthe U.S. Forest Service 1969 Planimetric Maps; 3. thence, westerly along the northern line of Township 1 Northto

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 generallythe western line of the east half of Sections 26and 35of Township 2 North, Range 7 East,to a point which iswherethe 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 andthe southern line ofthe west halfof Section 23, Township 2 North, Range7 East,to a point which isthe southwest cornerof Section 19, Township 2 North, Range 7 East; 6. thence, northerly along the Tonto National Forest Boundaryto a

point where the Tonto National Forest Boundary intersects with the eastern boundary ofthe Salt River Indian Reservation, generallydescribed asthe center line ofthe Salt River Channel; 7. thence, northeasterly and northerly along the common boundary

ofthe Tonto National Forest and the Salt River Indian Reservation to a point which isthe northeast cornerof the Salt River Indian Reservation and the southeast cornerofthe Fort McDowell Indian Reservation, as shown on the plat dated July 22, 1902, and recorded with the U.S. Government onJune 15, 1902; 8. thence, northeasterly along the common boundary between the

Tonto National Forest and the Fort McDowell Indian Reservation to a pointwhich isthe northeastcorner ofthe 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 intersectswith 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 wherethe eastern line of Range 6 East intersects with the southern line of Township 5 North, said line isthe 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 wherethe eastern line of Range 5 East intersects with the northern line ofTownship 5 North, which line isthe boundary of the Tonto National Forest; 11/15/90 Nonattainment

.... Aug. 28, 1996

... Serious. 

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### 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 ofTonto National Forest; 14. thence, northerly along the eastern line of Range 4 East to a

point wherethe eastern line of Range 4 East intersects with the northern line ofTownship 6 North, which line isthe boundary of the Tonto National Forest; 15. thence, westerly along the northern line of Township 6 North

to a point ofintersection with the Maricopa-Yavapai County line, which is generallydescribed in Arizona Revised Statute Section 11-109 asthe center line ofthe 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 southerlyand below the mouth of Humbug Creek; 17. thence, southerly along the center line of Aqua Fria River to

the intersection of the center line ofthe 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 isthe 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 intersectswith the center line of North JackrabbitTrail; 20. thence, southerly along the center line of Jackrabbit Trail approximately nine and three-quarter miles to a point where the center line of JackrabbitTrail intersectswith the Gila River, said point is generally on the north-south quarter section line of Section 8, Township 1South, Range 2 West. 21. thence, northeasterly and easterly upthe Gila Rivertoa point

where the Gila River intersects with the northern extension of the western boundary of Estrella Mountain Regional Park, which point is generallythe quarter corner ofthe northern line of Section 31, Township 1 North, Range 1West; 22.thence, southerlyalong the extension ofthe 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 ofTownship 1South; 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 southwestcorner ofSection 18,Township 2 South, Range 1 East, said line isthe western boundary of the Gila River Indian Reservation; 25.thence, easterly along the southern boundary ofthe Gila River

Indian Reservationwhich isthe southern line ofSections 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 1East; 26.thence, northerlyalong theeastern boundary of Range 1East,

which is the common boundary between Maricopa and Pinal Counties, to a point where the eastern line of Range 1 East intersectsthe Gila River; 27. thence, southerly up the Gila Riverto a point where the Gila

River intersects withthe southern line ofTownship 2 South; and

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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. TusconArea: Pima County (part)

........................................................................... 11/15/90 Nonattainment

.... 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 ofthe Saguaro National Monument andthe Coronado National Forest. Rest ofState

..................................................................................... 11/15/90 N onclassifiable/ Attainment Apache County Cochise County Coconino County Gila County Graham County Greenlee County La Paz County Maricopa County(part) Areaoutside Phoenix Area: Mohave County Navajo County Pima County (part) Areaoutside TucsonArea: Pinal County Santa Cruz County Yavapai County Yuma County

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40 CFR Part 180 [PP9F3766/R2254; FRL-5385-3] RIN2070-AB78 Norflurazon; PesticideTolerance AGENCY: Environmental Protection Agency (EPA). ACTION: FinalRule. SUMMARY: This rule establishes tolerances forresidues ofthe 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 meatby products (except liver) ofcattle, goats,hogs, horses, and sheep and in or on liverofcattle, goats, hogs, horses and sheep resulting from the use ofnorflurazon in the culture of alfalfa. Thisregulation to establish a maximum permissible level for the residues ofnorflurazon was requested in

apetition 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 bythe 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 ofany objections and hearingrequests filed with theHearing 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 ofobjections and hearingrequests 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 EPAwithout prior notice. An electronic copy ofobjections and hearing requests filed with the Hearing Clerk may be submitted to OPP by sendingelectonic mail (e-mail) to: oppdocket@epamail.epa.gov.

Copies ofelectronic objections and hearing requests must be submitted as an ASCII file avoiding the use ofspecial characters and any form ofencryption. Copies ofelectronic objections and hearing requests will alsobe accepted

on disks inWordperfect 5.1 file format

or as ASCII fileformat. All copies of electronic objections and hearing requests must be identified bythe docket number [PP 9F3766/R2254]. No Confidential Business Information (CBI) should be submitted through e-mail. Copies ofelectronic 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 ofthis document.
FOR FURTHER INFORMATION CONTACT: By mail: Joanne Miller, Product Manager (23) Registration Division (7505C), Office ofPesticide Programs. Environment Protection Agency, 401 M St. SW., Washington, DC20460. 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 offiling, published in the Federal Register ofJune 29, 1989 (54 FR 27423), which announced that 

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