[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52926-52930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17539]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R09-OAR-2005-AZ-0003; FRL-7960-8]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Arizona; Correction of 
Redesignation of Phoenix to Attainment for the Carbon Monoxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In today's action, EPA is taking direct final action to amend 
the regulations that identify revisions to the Arizona state 
implementation plan and the regulations that identify area designations 
within Arizona. In so doing, EPA is acting pursuant to the Agency's 
authority under the Clean Air Act to correct errors made in approving 
plan revisions and area redesignations. The purpose of this action is 
to correct an error in the adoption and submittal date shown for a 
revision to the implementation plan that EPA recently approved and to 
correct a transcription error in, and to make a more general correction 
to, the boundary description of the metropolitan Phoenix carbon 
monoxide area that EPA recently redesignated to attainment.

EFFECTIVE DATE: This rule is effective on November 7, 2005, without 
further notice, unless we receive adverse comments by October 6, 2005. 
If we receive adverse comments, we will publish a timely withdrawal in 
the Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number R09-OAR-2005-
AZ-----, by one of the following methods:
    1. Agency Web site: http://docket.epa.gov/rmepub/. EPA prefers 
receiving comments through this electronic public docket and comment 
system. Follow the on-line instructions to submit comments.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    3. E-mail: <a href="/cdn-cgi/l/email-protection#f581948ddb829c909b9e90b5908594db929a83"><span class="__cf_email__" data-cfemail="0571647d2b726c606b6e60456075642b626a73">[email protected]</span></a>.
    4. Mail or deliver: Wienke Tax, Office of Air Planning (AIR-2), 
U.S. Environmental Protection Agency, Region 9, 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 http://docket.epa.gov/rmepub/, 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 
agency Web site, eRulemaking portal, or e-mail. The agency Web site and 
eRulemaking portal are ``anonymous access'' systems, and EPA will not 
know your identify 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 http://docket.epa.gov/rmepub and in hard copy at EPA 
Region 9, 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: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region 9, (520) 622-1622 or 
e-mail to <a href="/cdn-cgi/l/email-protection#2c584d54025b45494247496c495c4d024b435a"><span class="__cf_email__" data-cfemail="b3c7d2cb9dc4dad6ddd8d6f3d6c3d29dd4dcc5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On March 9, 2005, pursuant to the Clean Air Act (CAA), we published 
a final rulemaking action (1) approving various plan elements contained 
in two submittals of revisions to the Arizona state implementation plan 
(SIP) by the Arizona Department of Environmental Quality (ADEQ), (2) 
approving Arizona's request for the redesignation of the metropolitan 
Phoenix carbon monoxide (CO) area to attainment for the carbon monoxide 
(CO) national ambient air quality standard (NAAQS), and (3) 
redesignating the boundary of the metropolitan Phoenix CO area to 
exclude the Gila River Indian Reservation. See 70 FR 11553 (March 9, 
2005). Our March 9th final rulemaking contained amendments to 40 CFR 
part 52 relating to the two SIP submittals and amendments to 40 CFR 
part 81 relating to the redesignation actions. Three of these 
amendments were incorrect.
    First, in the regulatory language we added as 40 CFR 
52.120(c)(118), we incorrectly listed ADEQ's adoption and submittal 
date for the Revised MAG 1999 Serious Area Carbon Monoxide Plan for the 
Maricopa County Nonattainment Area (March 2001) as March 30, 2001. The 
correct date for both ADEQ's adoption and submittal of this plan (to 
EPA) as a revision to the Arizona SIP is April 18, 2001 and today's 
action revises 40 CFR 52.120(c)(118) accordingly.
    Second, in 40 CFR 81.303, which contains a table describing in 
detail the metropolitan Phoenix CO area, we did not intend any change 
to paragraph 13 as codified prior to our March 9th final rule except 
for the added phrase at the end of the paragraph (``except that portion 
in the Gila River Indian Reservation''), but, through transcription 
error, we made other changes to that paragraph that were unintended. In 
today's notice, we are correcting paragraph 13 by reinstating the prior 
language.
    Third, also in the CO table in 40 CFR 81.303, we codified our 
action to redesignate the boundary of the metropolitan Phoenix CO area 
to exclude the Gila River Indian Reservation by adding the phrase, 
``except that portion in the Gila River Indian Reservation,'' to the 
end of each of the 28 paragraphs that describe the metropolitan Phoenix 
CO area. In 40 CFR 81.303, the metropolitan Phoenix CO area is 
described by reference to a point of origin (paragraph 1) that lies at 
the southeast corner of the area followed by a series of 27 contiguous 
lines (paragraphs 2 through 28) that starts at the point of origin and 
proceeds in a counter-clockwise direction back to the point of origin. 
We now find that excluding ``the portion in the Gila River Indian 
Reservation'' from the point of origin and from each of the lines that 
collectively define the CO area was erroneous because the description, 
as revised in our March 9th final rule, is ambiguous as to its southern 
boundary.
    We continue to believe that the redesignation of the boundary of 
the metropolitan Phoenix CO area to

[[Page 52927]]

exclude the Gila River Indian Reservation is appropriate and are taking 
action today to re-codify this redesignation in a manner that avoids 
the unintended ambiguity introduced by the regulatory text we used in 
our March 9th final rule. Specifically, in this action, we are revising 
each of the 28 paragraphs that define the metropolitan Phoenix CO area 
in 40 CFR 81.303 to remove the phrase that we added in our March 9th 
final rule (i.e., ``except that portion in the Gila River Indian 
Reservation'') and are instead adding a new paragraph 29 that states: 
``except that portion of the area defined by paragraphs 1 through 28 
above that lies within the Gila River Indian Reservation.''
    We are taking this action under our authority in CAA section 
110(k)(6). Section 110(k)(6) provides, ``Whenever the Administrator 
determines that the Administrator's action approving, disapproving, or 
promulgating any plan or plan revision (or part thereof), area 
designation, redesignation, classification, or reclassification was in 
error, the Administrator may in the same manner as the approval, 
disapproval, or promulgation revise such action as appropriate without 
requiring any further submission from the State.'' For the reasons 
stated above, we are correcting errors in the regulatory language we 
promulgated in approving a revision to the Arizona SIP, in 
redesignating the metropolitan Phoenix CO area to attainment, and in 
redesignating the boundary of the metropolitan Phoenix CO area to 
exclude the Gila River Indian Reservation.

II. Final Action

    In this action, EPA is correcting amendments to 40 CFR part 52, 
subpart D, and 40 CFR part 81, subpart C, that were contained in the 
final Federal Register notice published on March 9, 2005 approving 
submittals of revisions to the Arizona state implementation plan, 
redesignating the metropolitan Phoenix carbon monoxide area to 
attainment for the carbon monoxide National Ambient Air Quality 
Standards, and redesignating the boundary of the metropolitan Phoenix 
CO area to exclude the Gila River Indian Reservation. Specifically, 
this action amends 40 CFR 52.120 relating to the Arizona SIP and 40 CFR 
81.303 describing the boundaries of the metropolitan Phoenix CO area.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to correct the errors described herein 
should adverse comments be filed. This action will be effective 
November 7, 2005, without further notice unless the EPA receives 
relevant adverse comments by October 6, 2005.
    If the EPA receives such comments, then EPA 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. The EPA 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 November 7, 2005 and no 
further action will be taken on the proposed rule. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule, and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. 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 corrects a previous EPA action and imposes no 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 corrects a previous EPA action and 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).
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.''
    Under section 5(b) of Executive Order 13175, EPA may not issue a 
regulation that has tribal implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by tribal governments, or EPA consults with 
tribal officials early in the process of developing the proposed 
regulation. Under section 5(c) of Executive Order 13175, EPA may not 
issue a regulation that has tribal implications and that preempts 
tribal law, unless the Agency consults with tribal officials early in 
the process of developing the proposed regulation.
    As discussed above, in a previous action, EPA excluded the Gila 
River Indian Reservation from the metropolitan Phoenix CO area, and 
this action merely corrects the corresponding regulatory text. 
Consistent with EPA policy, EPA has discussed the need for correction 
of the previous action with representatives of the Gila River Indian 
Community. EPA finds that this action, which simply corrects an action 
that the Agency has previously taken, will neither impose substantial 
direct compliance costs on tribal governments, nor preempt tribal law. 
Thus, the requirements of sections 5(b) and 5(c) of the Executive Order 
do not apply to this rule.
    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 corrects a previous EPA rule, 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 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant as defined in 
Executive Order 12866, and because the Agency does not have reason to 
believe the environmental health or safety risks addressed by this rule 
present a disproportionate risk to children.

[[Page 52928]]

    This rule does not involve establishment of technical standards, 
and 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. 
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. section 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. 
section 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 November 7, 2005. 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 CAA section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 15, 2005.
Laura Yoshii,
Deputy Regional Administrator, Region IX.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. Section 52.120 is amended by revising paragraph (c)(118) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (118) The following plan was submitted on April 18, 2001, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the 
Maricopa County Nonattainment Area, dated March 2001, adopted by the 
Maricopa Association of Governments on March 28, 2001, and adopted by 
the Arizona Department of Environmental Quality on April 18, 2001.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.303, the table entitled ``Arizona--Carbon Monoxide'' is 
amended by revising the entry for the Phoenix Area to read as follows:


Sec.  81.303  Arizona.

* * * * *

                                            Arizona--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                    Designation                         Classification
            Designated area            -------------------------------------------------------------------------
                                            Date              Type               Date              Type
----------------------------------------------------------------------------------------------------------------
Phoenix Area:
    Maricopa County (part)............     4/8/2005  Attainment
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 point
     Township 2 South, said point is
     the southeastern corner of
     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 Statutes 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 and the shown on the
     U.S. Forest Service 1969
     Planimetric Maps;
    3. thence, westerly along the
     northern line of Township 1 North
     to pproximately 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;

[[Page 52929]]

 
    5. thence, westerly along the
     Tonto National Forest Boundary,
     which is generally the south line
     of Sections 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
     whcih is the southwest corner of
     Section 19, Township 2 North,
     Range 7 East;
    6. thence, northeasterly 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 boundary
     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, northerly 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;
    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 Statutes 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 Maricopa-
     Yavapai County line to a point
     which is described by Arizona
     Revised Statutes 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;

[[Page 52930]]

 
    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 Statutes Sections
     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
    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 easter line
     Range 7 East;
    29. except that portion of the
     area defined by paragraphs 1
     through 28 above that lies within
     the Gila River Indian
     Reservation.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-17539 Filed 9-2-05; 8:45 am]
BILLING CODE 6560-50-P


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