[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Rules and Regulations]
[Pages 36353-36358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13978]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[AZ072-0085; FRL-6601-7]


Approval and Promulgation of Maintenance Plan and Designation of 
Area for Air Quality Planning Purposes for Carbon Monoxide; State of 
Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to redesignate the Tucson Air 
Planning Area (TAPA) to attainment for the carbon monoxide (CO) 
National Ambient Air Quality Standard (NAAQS) and to approve a 
maintenance plan that will insure that the area remains in attainment.

EFFECTIVE DATE: This action is effective on July 10, 2000.

ADDRESSES: Copies of the state submittal and other information are 
available for public inspection at EPA's Region IX office during normal 
business hours, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    The technical support document (TSD) and copies of other documents 
relevant to this action can be found in the docket for this proposal. 
The docket can be reviewed or copied during normal business hours at 
the following locations between 8:00 a.m. and 4:30 p.m. on weekdays. 
You may need to pay a fee for copying. Copies of the SIP submittal are 
also available for inspection at the following address: Pima County 
Department of Environmental Quality, 130 West Congress, Tucson, Arizona 
85701, (520) 740-3340.

[[Page 36354]]

Electronic Availability

    This document is also available as an electronic file on EPA's 
Region 9 Web Page at http://www.epa.gov/region09/air.

FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, Air Planning Office 
(AIR-2), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1159, 
email: <a href="/cdn-cgi/l/email-protection#cba0aabba7aaa5e5aea7aeaaa5a4b98baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="422923322e232c6c272e27232c2d30022732236c252d34">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 6, 1997 Arizona submitted a request to redesignate the 
CO Tucson Air Planning Area (TAPA) nonattainment area to attainment for 
the NAAQS and for approval of a maintenance plan. EPA found that the 
TAPA met all the redesignation requirements specified in section 
107(d)(3)(E) of the Clean Air Act (CAA) and also that the TAPA was 
eligible to use the Limited Maintenance Plan (LMP) option provided for 
in EPA guidance.\1\ EPA therefore proposed approval of the request and 
the maintenance plan on July 22, 1998 (see 63 FR 39258) and provided 
for a 30-day public comment period.
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    \1\ Memorandum entitled ``Limited Maintenance Plan Option for 
Nonclassifiable CO Nonattainment Areas'', from Joseph W. Paisie, 
Group Leader, Integrated Policy and Strategies Group, Office of Air 
Quality Planning and Standards, U.S. EPA, Research Triangle Park, 
North Carolina, October 6, 1995.
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    For a full discussion of EPA's evaluation of the TAPA redesignation 
request and the maintenance plan, the reader is referred to the 
original EPA proposal (63 FR 39258, July 22, 1998) and to the Technical 
Support Document (TSD) accompanying that proposal notice which may be 
found in the docket on file at the addresses noted above.
    EPA received one set of comments during the 30-day comment period 
provided under the original proposal. Those comments came from the 
Arizona Center for Law in the Public Interest (ACLPI) in a letter dated 
August 21, 1998. To respond to the public comments, EPA requested 
supplementary information from the Pima Association of Governments 
(PAG) relating to CO emissions projections for the area for the 10-year 
maintenance period extending through 2010. EPA received the information 
in a letter from PAG dated June 18, 1999. EPA is responding to ACLPI's 
comments in section II below. On December 17, 1999 (see 64 FR 70660) 
EPA reproposed to approve the TAPA redesignation request in order to 
provide the public with the opportunity to comment on the additional 
information provided by PAG and on additional issues that had arisen 
since the original proposal. EPA received no public comments during the 
30-day public comment period provided under the reproposal.

II. Public Comment and EPA Responses

    EPA has considered all of the comments received from ACLPI on the 
original proposal and is providing the following responses.
    Comment: ACLPI expressed concern that one of the CAA's requirements 
for redesignation, namely that the improvement in air quality is due to 
permanent and enforceable reductions, would not be met by the TAPA 
following redesignation because several Arizona statutes, including the 
state's auto emission inspection and maintenance program, the 
oxygenated fuels program and other control measures defined Tucson as 
``Area B'', a carbon monoxide nonattainment area. ACLPI expressed 
concern that the area, following redesignation, would no longer be 
subject to these control measures and said that under the circumstances 
EPA cannot conclude that the emission reductions from these programs 
are permanent and enforceable.
    Response: The Arizona legislature has acted to amend various 
Arizona Statutes to expand the definition of Area B to include CO 
maintenance areas. On May 18, 1999 Arizona Governor Hull signed into 
law House Bill 2189 which amended Arizona statutes 41-796.01, 41-2121, 
49-401.01, 49-402, 49-404, 49-454, 49-541 and 49-571 to ensure 
continued implementation of committed SIP control measures in 
maintenance areas.
    All of these statutory amendments have been submitted as SIP 
revisions and EPA in this notice is approving those SIP revisions. On 
the basis of these statutory amendments, EPA believes that this comment 
has been adequately addressed.
    Comment: ACLPI questioned whether the assumption in the LMP option 
that an area beginning the maintenance period at or below 85% of 
exceedance levels will continue to meet the standard for another ten 
years is applicable to the TAPA, given the growth that is projected for 
the area.
    ACLPI also questioned the LMP guidance waiver of the CAA's 
requirement for a 10 year maintenance demonstration and also the fact 
that under a LMP an emissions budget may be treated as essentially not 
constraining for the length of the maintenance period. ACLPI made the 
following arguments:
    <bullet> With regard to the LMP's waiver of the maintenance 
demonstration, the mere fact that air quality and CO emissions are at 
or below 85% of exceedance levels does not assure that they will not 
increase to above exceedance levels in less than 10 years.
    <bullet> The fact that under the LMP there is no emissions budget 
test for conformity purposes flagrantly violates EPA's own conformity 
rules which explicitly apply the emission budget test to all 
maintenance areas. There is no exception for areas that are at or below 
85% of exceedance levels and EPA cannot amend or repeal rules with a 
guidance document.
    <bullet> There is no factual or scientific basis for presuming that 
a motor vehicle emissions budget will not be constraining in a limited 
maintenance area. The potential for emissions growth has nothing to do 
with existing CO levels, but is driven by factors such as growth in 
vehicle miles traveled (VMT), increases in vehicle trips and increased 
congestion. In the Tucson area, VMT is almost doubling every 20 years, 
and congestion is expected to significantly worsen. Continued 
application of conformity rules is vital to ensuring that 
transportation plans, programs and projects, and federal activities, 
are consistent with maintenance of CO standards.
    Response: The additional information provided by PAG included 
projections extending to 2010 and 2020 for CO mobile source emissions, 
vehicle miles traveled (VMT) and population growth, as well as 
information on ambient air CO concentrations for the years 1990 through 
1998. That information is contained in Tables 1 and 2 below. The full 
text of the PAG letter and details on the sources used for these 
projections are in the TSD accompanying the reproposal notice, which 
may be found in the docket for this document.

[[Page 36355]]



                            TABLE 1.--PAG Projections for CO Mobile Emissions and VMT
----------------------------------------------------------------------------------------------------------------
                                                                     CO Mobile
                        Year (Population)                            Emissions          VMT         Population
                                                                       (tpd)
----------------------------------------------------------------------------------------------------------------
1990............................................................           444.8      15,491,995         666,880
1995............................................................  ..............      17,915,850         766,172
1999 (2000).....................................................           325.8      20,243,419         854,329
2003 (2005).....................................................           325.1      22,873,378         943,795
2010............................................................           367.2      27,286,950       1,031,623
2020............................................................           428.7      32,760,981       1,206,244
----------------------------------------------------------------------------------------------------------------


                                 TABLE 2.--Ambient Air Concentrations--1990-1998
----------------------------------------------------------------------------------------------------------------
                                                                                                    Ambient air
                                               Year                                                concentration
----------------------------------------------------------------------------------------------------------------
1990.............................................................................................           6.5
1991.............................................................................................           5.7
1992.............................................................................................           5.8
1993.............................................................................................           6.0
1994.............................................................................................           5.5
1995.............................................................................................           5.9
1996.............................................................................................           5.1
1997.............................................................................................           4.4
1998.............................................................................................           4.0
----------------------------------------------------------------------------------------------------------------

    EPA has reviewed the additional information provided by PAG and, 
based on that data, has come to the following conclusions:
    <bullet> Although there are projected increases in population and 
vehicle miles traveled (VMT), the data indicates that CO emissions will 
drop from 444.8 tons per day in 1990 to 367.2 in 2010, rising again to 
a projected 428.7 tons per day in 2020 which is still below 1990 
levels. In summary, despite the projected growth in population and VMT, 
CO mobile source emissions in the TAPA will continue to decrease. The 
decrease in projected CO emissions can be attributed to existing 
control measures and the impacts of other programs that were not 
included in the Mobile model used by PAG in preparing these projections 
including the Pima Travel Reduction, Rideshare and Traffic Signal 
Coordination programs. In addition it may be anticipated that national 
mobile source control programs that will take effect in the future will 
play a role in reducing CO emissions from mobile sources.
    <bullet> According to data contained in Table 2, the design value 
for the Tucson area for 1993-1995 was 6.0 or 67% of the NAAQs standard 
for CO. The design value is the second highest eight-hour concentration 
observed at any site in the area. The data also indicated that the 
design value for the years 1996 through 1998 dropped to 5.1 or 57% of 
CO NAAQS. EPA believes that these design values provide an ample margin 
of safety and time to take action in the event of a possible violation 
of the CO NAAQS in the future.
    <bullet> EPA reviewed the projected CO mobile source emissions, VMT 
and population values and the corresponding design values for the years 
1990 through 1999 and concluded that it would be reasonable to assume 
that the future relationship of these four elements would be comparable 
through 2010.
    <bullet> The control measures contained in the TAPA maintenance 
plan are currently mandated by federal and state statutes and are 
permanent and enforceable. They include the Federal Motor Vehicle 
Control program, the State Inspection and Maintenance program and the 
State Oxyfuels program. The Arizona legislature has amended the 
statutes that had defined Tucson as a nonattainment area to ensure 
continued implementation of SIP control measures following 
redesignation to attainment. In addition, the Arizona legislature has 
amended the statutes pertaining to the State's Vehicle Emission and 
Inspection Program (VEIP) to assure continuation of the program through 
December 31, 2008. With regard to the VEIP sunset date of 2008, which 
is two years short of the ten-year maintenance period, in a letter to 
EPA dated August 23, 1998, the Arizona Department of Environmental 
Quality (ADEQ) states that Arizona Revised Statutes 41-2955 limits to 
ten years the existence of a program before it undergoes a sunset 
review and therefore the VEIP has been extended for the maximum time 
allowed under this statute, i.e., ten years. The letter supplies a 
recent history of legislative changes to the VEIP, concluding that 
``The VEIP has consistently received support for necessary program 
updates from the Legislature.'' EPA therefore believes that on the 
basis of this legislative history, it is reasonable to assume that the 
program will be extended when it expires in 2008. The full text of the 
letter from ADEQ is attached to the TSD accompanying the reproposal.
    <bullet> The maintenance plan for the TAPA contains a pre-violation 
action level trigger which would set in motion a process designed to 
forestall a future violation of the CO NAAQS. Under the plan, a pre-
violation action level would be reached when two verified 8-hour 
average concentrations in excess of 85% of the CO NAAQS occurred at any 
one monitor site in any CO season. When this criterion is reached, it 
would trigger field studies and technical evaluations and 
recommendations for implementation of contingency measures.
    <bullet> With regard to the ACLPI's comments that: (1) The LMP 
policy flagrantly violates EPA's own conformity rules which explicitly 
apply the emission budget test to all maintenance areas; and (2) that 
the rule does not provide an exception for areas that are at or below 
85% of exceedance levels, EPA's conformity policy has clearly provided 
for opportunities for a SIP to demonstrate that no budget is

[[Page 36356]]

needed (see Transportation Conformity Rule, 61 FR 36118, July 9, 1996, 
paragraph B, finalized on August 15, 1997, 62 FR 43780). This section 
addresses this question and mentions limited maintenance plans 
specifically. The policy states that areas must meet budgets that the 
SIP identifies, but if the SIP adequately justifies that no budget is 
necessary, then no regional emissions test is necessary.
    Comment: ACLPI contends that under section 175(A)(a) of the CAA a 
maintenance plan must ``provide for'' and ``ensure'' maintenance for at 
least 10 years. ACLPI said that EPA's LMP is based on mere speculation 
and neither provides for, nor ensures, maintenance for ten years and is 
therefore contrary to the CAA.
    Response: The LMP guidance provides the rationale for the policy. 
It states that ``EPA believes it is justifiable and appropriate to 
apply a different set of maintenance plan requirements to 
nonclassifiable CO nonattainment areas whose monitored air quality is 
equal to or less than 85% of exceedance levels of the CO NAAQs. The EPA 
does not believe that the full maintenance plan requirements need be 
applied to these areas because they have achieved air quality levels 
well below the standard without the application of control measures 
required by the Act for moderate and serious nonattainment areas. Also, 
these areas do not have either a recent history of monitored violations 
of the CO NAAQS or a long prior history of monitored air quality 
problems. EPA believes that the continued applicability of prevention 
of significant deterioration (PSD) requirements, any control measures 
already in the SIP, and Federal measures (such as the Federal motor 
vehicle control program) should provide adequate assurance of 
maintenance for these areas.''
    EPA therefore believes that the LMP guidance considered the 
requirements of 175(A)(a) of the CAA, and interpreted those 
requirements in a manner consistent with the Act.
    Comment: ACLPI expressed concern over the lack of clear commitments 
to address actual violations of the CO standards. According to ACLPI, 
the plan notes that state law gives ADEQ the option of reducing fuel 
volatility levels and raising fuel oxygen content, but there is no 
clear commitment from the state to take either of these steps if a 
violation occurs. The plan also lists various potential control 
measures that might be adopted to address future CO violations, but 
does not commit to any of them.
    ACLPI asked EPA to seek clarification from the state and PAG that 
they are committed to adopt whatever additional controls are necessary 
to correct an actual violation, and to implement such controls by the 
start of the next CO season after the violation occurs. ACLPI claimed 
that without such clarification the plan will not satisfy the 
requirements of section 175A(d) to assure that any CO violation will be 
promptly corrected.
    Response: As requested, EPA sought clarification from PAG as to 
whether they are committed to adopt whatever additional controls are 
necessary to correct an actual violation of the CO NAAQS, and to 
implement such controls by the start of the next CO season after the 
violation occurs. The following is a summary of the points made in the 
PAG response, dated November 19, 1998. The full text is contained in 
the TSD accompanying the reproposal notice.
    <bullet> The TAPA CO LMP was designed to set evaluation triggers at 
a point where any violation of the CO NAAQS could be anticipated at 
least 5 years ahead of time. This would give enough time to fully 
evaluate the risk of violation and the best control measures to address 
any projected violations of the standard.
    <bullet> The TAPA CO LMP provides that in the event of an 
exceedance (which must always precede a violation) the evaluation and 
implementation process described in the Plan will be triggered. The 
most likely control measure for immediate response is high oxygen 
requirement in the oxyfuels program that can be implemented no later 
than the following CO season.
    <bullet> The TAPA plan provides that if the PAG finding indicates a 
probable violation of the CO NAAQS within 5 years, the recommended 
control measures to fully mitigate the projected violation must be 
initiated by the start of the next CO season after the violation 
occurs. EPA believes that the clarification of this issue provided by 
PAG is an adequate response to the ACLPI comment.
    In summary, EPA considered the population growth and CO emissions 
projections provided by the PAG and the summary of the area's design 
values over the past few years and believes that the data, in 
conjunction with the pre-violation action triggers and the contingency 
measures provided for in the TAPA maintenance plan, provide reasonable 
assurance that the area will not violate the CO NAAQS during the 
maintenance period. EPA is therefore taking final action to approve the 
redesignation of the TAPA to attainment for the CO NAAQS and for 
approval of the maintenance plan on the grounds that the area meets the 
requirements for redesignation specified under the Clean Air Act, and 
that the TAPA is qualified to utilize the LMP option.

III. Summary of Final Actions

    In this action EPA is approving the following SIP revisions 
relating to changes that were made in various Arizona statutes:
    Amendments to A.R.S. 41-2083, 41-2122 and 41-2125 relating to the 
State's oxyfuels program in the Tucson area both as SIP revisions and 
as control measures in the maintenance plan to be implemented in the 
event of a probable or actual violation of the CO NAAQS in the TAPA. 
The SIP revision for these statutory amendments were submitted to EPA 
as part of the TAPA maintenance plan on October 6, 1997 and were found 
complete by operation of law on April 6, 1998.
    Amendments to A.R.S. 49-401 and 49-406 which expand the authority 
of State and local certified metropolitan planning organizations to 
develop plans and to implement and enforce control measures for 
attainment as well as maintenance areas as required by section 
110(a)(2)(E) of the CAA. Previous to those statutory amendments, those 
statutes referred only to nonattainment areas. These amendments were 
signed into law on May 29, 1998. They were submitted as a SIP revision 
on August 20, 1998 and were found complete by operation of law on 
February 20, 1999.
    Amendments to A.R.S. 41-796.01, 41-2121, 49-401.01, 49-402, 49-404, 
49-454, 49-541 and 49-571 revised the definition of the TAPA 
nonattainment area'' to reflect continued application of all pertinent 
control measures in the TAPA following redesignation to attainment. 
Prior to these amendments, these statutes referred to the TAPA as Area 
B, a ``carbon monoxide nonattainment area''. These amendments were 
signed into law on May 18, 1999. SIP revisions containing these 
statutory amendments were submitted to EPA on September 1, 1999 and 
were found to be complete on October 20, 1999.
    Amendments to A.R.S. 41-3009.01, 49-541.01, 49-542, 49-545, 49-557, 
49-573, 41-803, and 41-401.01 which were signed into law on May 18, 
1999 relate to the continued implementation of the State's Vehicle 
Emissions Inspection Program (VEIP) through December 31, 2008. The SIP 
revisions containing these statutory amendments were submitted to EPA 
on September 1, 1999 and were found to be complete on October 20, 1999.

[[Page 36357]]

    EPA is approving the Emissions Inventory for the base year 1994 
contained in the LMP as meeting the requirements of section 172(c)(3) 
of the CAA.
    EPA is approving the TAPA CO maintenance plan because it meets the 
requirements set forth in section 175A of the CAA and the requirements 
of the LMP option contained in EPA guidance of October 6, 1995.
    EPA is taking final action to remove the Agency's disapprovals (56 
FR 5459, February 11, 1991) of the attainment demonstration and 
contingency measures that were contained in the 1988 Arizona CO SIP 
revision for Pima County. Those disapprovals were based on the finding 
of the Ninth Circuit Court of Appeals on March 1, 1990 in Delaney vs. 
EPA, 898 F.2d 687, that the Arizona CO plans for Maricopa and Pima 
Counties did not fully comply with the Clean Air Act as amended in 
1977, and with EPA guidance issued pursuant to that law. (See 46 FR 
7182, January 21, 1981). In vacating EPA's 1988 approval of the Arizona 
plans, the court determined that they did not contain sufficient 
control measures to attain the CO ambient air quality standard as soon 
as possible. The Court did not say that the measures submitted by the 
State were unworthy of approval for their effect in strengthening the 
SIP.
    EPA is taking final action to remove the attainment demonstration 
disapproval because the TAPA has not had an exceedance of the CO NAAQS 
from 1988 to the present, and, therefore, the original reason for the 
disapproval, namely that the plan did not contain sufficient control 
measures to attain the CO ambient air quality standard as soon as 
possible, is no longer applicable.
    EPA is also taking final action to remove the disapproval of the 
1988 CO plan contingency measures. That disapproval was based on non-
compliance with the EPA guidance of January 21, 1981. (46 FR 7182, 
January 21, 1981) That guidance has since been superseded by new 
guidance, specifically the section on the contingency provisions for 
not-classified CO nonattainment areas contained in the General Preamble 
(See 57 FR 13535, April 16, 1992). The contingency provisions contained 
in the TAPA Limited Maintenance Plan are in compliance with the 
guidance provided both in the General Preamble and in the Limited 
Maintenance Plan Policy Guidance.
    Finally, EPA is approving Arizona's request for the redesignation 
to attainment of the CO NAAQS for the Tucson Air Planning Area.

IV. Administrative Requirements

    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. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
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 approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 7, 2000. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 81

    Environmental protection, Air pollution control.

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


[[Page 36358]]


    Dated: April 24, 2000.
Felicia Marcus,
Regional Administrator, Region IX.

    Parts 52 and 81, Chapter I, Title 40 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

    2. Section 52.120 is amended by adding paragraphs (c)(91), (c)(95), 
and (c)(96) to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (91) The following amendments to the plan were submitted on October 
6, 1997 by the Governor's designee.
    (A) Arizona Revised Statutes.
    (i) Incorporation by reference.
    (1) Senate Bill 1002, Sections 26, 27 and 28: ARS 41-2083 
(amended), 41-2122 (amended), 41-2125 (amended), adopted on July 18, 
1996.
* * * * *
    (95) The following amendments to the plan were submitted on August 
11, 1998 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and 
Section 15: 49-406 (amended), approved on May 29, 1998.
* * * * *
    (96) The following amendments to the plan were submitted on 
September 1, 1999 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 
2: 49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545 
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended), 
approved by the Governor on May 18, 1999.
    (2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9: 
41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402 
(amended); Section 42: 49-404 (amended): Section 43:49-454 (amended); 
Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted 
on May 18, 1999
* * * * *

    3. Section 52.123 is amended by removing and reserving paragraph 
(e)(2) and by adding paragraph (i) to read as follows:


Sec. 52.123  Approval Status.

* * * * *
    (i) The Administrator approves the Maintenance Plan for the Tucson 
Air Planning Area submitted by the Arizona Department of Environmental 
Quality on October 6, 1997 as meeting the requirements of section 
175(A) of the Clean Air Act and the requirements of EPA's Limited 
Maintenance Plan option. The Administrator approves the Emissions 
Inventory contained in the Maintenance Plan as meeting the requirements 
of section 172(c)(3) of the Clean Air Act.


Sec. 52.124  [Amended]

    4. Section 52.124 is amended by removing and reserving paragraph 
(a)(2).

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671 et seq.

    2. In Sec. 81.303, the table for Arizona-Carbon Monoxide is amended 
by revising the entry for ``Tucson Area'' to read as follows:


Sec. 81.303  Arizona.

* * * * *

                                            Arizona--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                       Designation                       Classification
             Designated area              ----------------------------------------------------------------------
                                               Date \1\            Type            Date \1\            Type
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
                                                        *
Tucson Area:
    Pima County (part)...................  July 10, 2000...  Attainment......
    Township and Ranges as follows: T-11-
     12S, R12-14E; Salt River Baseline
     and Meridian excluding portions of
     the Saguaro National Monument and
     the Coronado National Forest
 
*                  *                  *                  *                  *                  *
                                                       *
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\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 00-13978 Filed 6-7-00; 8:45 am]
BILLING CODE 6560-50-P


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