[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21415-21418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11739]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[AZR92-0004; FRL-5503-8]


Clean Air Act Reclassification; Arizona-Phoenix Nonattainment 
Area; Carbon Monoxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA proposes to find that the Phoenix, Arizona carbon monoxide 
(CO) nonattainment area has not attained the CO national ambient air 
quality standard (NAAQS) by the Clean Air Act (CAA) mandated attainment 
date for moderate nonattainment areas, December 31, 1995. This proposed 
finding is based on EPA's review of monitored air quality data for 
compliance with the CO NAAQS. If EPA takes final action on this 
proposed finding, the Phoenix CO nonattainment area will be 
reclassified by operation of law as a serious nonattainment area. The 
intended effect of such a

[[Page 21416]]

reclassification would be to allow the State additional time to submit 
a new State implementation plan (SIP) providing for attainment of the 
CO NAAQS by no later than December 31, 2000, the CAA attainment 
deadline for serious CO areas.

DATES: Written comments on this proposal must be received by June 10, 
1996.
ADDRESSES: Written comments should be sent to: Wallace Woo, Chief, 
Plans Development Section, A-2-2, U.S. Environmental Protection Agency, 
Region 9, 75 Hawthorne Street, San Francisco, California 94105.
    The rulemaking docket for this notice, Docket No. 96-AZ-PL-002, may 
be inspected and copied at the following location between 8 a.m. and 
4:30 p.m. on weekdays. A reasonable fee may be charged for copying 
parts of the docket.
    U.S. Environmental Protection Agency, Region 9, Air and Toxics 
Division, Plans Development Section, A-2-2, 75 Hawthorne Street, San 
Francisco, California 94105.
    Copies of the docket are also available at the State office listed 
below: Arizona Department of Environmental Quality, Library, 3033 North 
Central Avenue, Phoenix, Arizona 85012.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, A-2-2, Air and Toxics 
Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne 
Street, San Francisco, California 94105, (415) 744-1226.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and 
Classifications

    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. CO areas with design values between 9.1 and 16.4 parts per 
million (ppm), such as the Phoenix area, were classified as moderate. 
These nonattainment designations and classifications were codified in 
40 CFR part 81. See 56 FR 56694 (November 6, 1991).
    States containing areas that were classified as moderate 
nonattainment by operation of law under section 107(d) were required to 
submit State implementation plans (SIPs) designed to attain the CO 
national ambient air quality standard (NAAQS) as expeditiously as 
practicable but no later than December 31, 1995.<SUP>1
---------------------------------------------------------------------------

    \1\ The moderate area SIP requirements are set forth in section 
187(a) of the Act and differ depending on whether the area's design 
value is below or above 12.7 ppm. The Phoenix area has a design 
value below 12.7 ppm. 40 CFR part 81.303.
---------------------------------------------------------------------------

B. Reclassification to a Serious Nonattainment Area

    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 
notice 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.<SUP>2 Section 179(c)(1) of the Act 
states that the attainment determination must be based upon an area's 
``air quality as of the attainment date.'' Consequently, EPA will 
determine whether an area's air quality has met the CO NAAQS by 
December 31, 1995 based upon the most recent two years of air quality 
data entered into the Aerometric Information Retrieval System (AIRS) 
data base.
---------------------------------------------------------------------------

    \2\ See generally memorandum from Sally L. Shaver, Director, Air 
Quality Strategies and Standards Division, EPA, to Regional Air 
Office Directors, entitled ``Criteria for Granting Attainment Date 
Extensions, Making Attainment Determinations, and Determinations of 
Failure to Attain the NAAQS for Moderate CO Nonattainment Areas,'' 
October 23, 1995 (Shaver memorandum).
---------------------------------------------------------------------------

    EPA determines a CO nonattainment area's air quality status in 
accordance with 40 CFR part 50.8 and EPA policy.<SUP>3 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 notice 
addresses only the air quality status of the Phoenix area with respect 
to the 8-hour standard. The 8-hour CO NAAQS requires that not more than 
one non-overlapping 8-hour average per year per monitoring site can 
exceed 9.0 ppm (values below 9.5 are rounded down to 9.0 and they are 
not considered exceedances). The second exceedance of the 8-hour CO 
NAAQS at a given monitoring site within the same year constitutes a 
violation of the CO NAAQS.
---------------------------------------------------------------------------

    \3\  See memorandum from William G. Laxton, Director Technical 
Support Division, entitled ``Ozone and Carbon Monoxide Design Value 
Calculations'', June 18, 1990. See also Shaver memorandum.
---------------------------------------------------------------------------

C. Attainment Date Extensions

    If a state does not have the two consecutive years of clean data 
necessary to show attainment of the NAAQS, it may apply, under section 
186(a)(4) of the CAA, for a one year attainment date extension. EPA 
may, in its discretion, grant such an extension if the state has: (1) 
Complied with the requirements and commitments pertaining to the 
applicable implementation plan for the area, and (2) the area has 
measured no more than one exceedance of the CO NAAQS at any monitoring 
site in the nonattainment area in the year preceding the extension 
year. Under section 186(a)(4), EPA may grant up to two such extensions 
if these conditions have been met.

II. Today's Action

    By today's action, EPA is proposing to find that the Phoenix CO 
nonattainment area has failed to demonstrate attainment of the CO NAAQS 
by December 31, 1995. This proposed finding is based upon air quality 
data showing violations of the CO NAAQS during 1994 and 1995.

A. Ambient Air Monitoring Data

    The following table lists each of the monitoring sites in the 
Phoenix CO nonattainment area where the 8-hour CO NAAQS has been 
exceeded during 1994 and 1995.

[[Page 21417]]



                          Exceedances of 8-hour CO NAAQS for Phoenix Nonattainment Area                         
----------------------------------------------------------------------------------------------------------------
                                                      1994                                  1995                
           Monitoring site           ---------------------------------------------------------------------------
                                             Concentration           Date          Concentration           Date 
----------------------------------------------------------------------------------------------------------------
3847 W. Earll Drive.................  9.6 ppm....................     12/3                                      
(1)None recorded.                                                                                               
                                      10.0 ppm...................    12/17    .........................         
1845 E. Roosevelt Street............  9.7 ppm....................    12/17                                      
(1)None recorded.                                                                                               
2710 N.W. Grand Avenue..............  ...........................  .......                                      
(1)None recorded                                                                                                
                                                                            9.89 ppm...................    11/23
                                                                            10.23 ppm..................     12/2
                                                                            9.5 ppm....................     12/3
3315 W. Indian School Road..........  9.7 ppm....................     12/2  10.1 ppm...................     12/2
                                      10.4 ppm...................     12/3  9.5 ppm....................     12/3
                                      10.5 ppm...................    12/17                                      
----------------------------------------------------------------------------------------------------------------

1. 1994 Data
    In a March 1995 letter to EPA,<SUP>4 Arizona requested that the 
1994 exceedances of the CO NAAQS at the West Indian School Road 
monitoring site be ``flagged'' as affected by ``exceptional events'' as 
those terms are defined in EPA guidance.<SUP>5 In the same letter, the 
State requested that the December 17, 1994 exceedance at the West Earll 
Drive monitoring site be invalidated because that monitor had failed an 
audit. In response, EPA requested more information to evaluate the 
exceptional event claims at the West Indian School Road monitoring site 
and disapproved the State's request to invalidate the December 17, 1994 
exceedance at the West Earll Drive monitoring site.<SUP>6
---------------------------------------------------------------------------

    \4\ See letter from Edward Z. Fox, Director, Arizona Department 
of Environmental Quality to David P. Howekamp, Director, Air & 
Toxics Division, EPA, Region IX, March 31, 1995.
    \5\ EPA has established criteria and procedures to identify or 
flag data which may be affected by exceptional events (e.g., 
structural fires or industrial accidents) in its ``Guideline on the 
Identification and Use of Air Quality Data Affected by Exceptional 
Events,'' July 1986. Under the flagging system, state and local air 
pollution control agencies are responsible for initially identifying 
and documenting data influenced by exceptional events. These 
agencies are expected to develop the appropriate background 
information necessary to support a decision to flag an individual 
piece of data. The agencies must then submit the information to EPA 
for concurrence. Flagging a piece of data or data set does not 
exclude that data from being used for nonattainment designations or 
classifications. The actual exclusion would only be allowed if, as a 
result of a public review process, the responsible government 
agency, in this case EPA, determines that the data are inappropriate 
for use in a specific regulatory activity.
    \6\ See letter from David P. Howekamp, Director, EPA, to Russell 
F. Rhoades, Director, Arizona Department of Environmental Quality, 
November 27, 1995.
---------------------------------------------------------------------------

    In response to EPA's request for more information, on March 25, 
1996, the Arizona Department of Environmental Quality (ADEQ) submitted 
to EPA additional documentation, prepared by the Maricopa Association 
of Governments (MAG), on the West Indian School Road exceedances.<SUP>7 
On April 12, 1996, EPA responded to ADEQ's submittal by concluding that 
MAG's claims that these 1994 exceedances were affected by exceptional 
events (unusual traffic conditions and air stagnation conditions) were 
not supported by the submitted documentation. EPA stated that minor 
traffic accidents are common in any metropolitan area and that air 
stagnation conditions routinely occur during the CO season in the 
Phoenix area. See letter from David P. Howekamp, EPA, to Russell 
Rhoades, ADEQ, April 12, 1996.
---------------------------------------------------------------------------

    \7\ See letter from Russell F. Rhoades, ADEQ, to David Howekamp, 
EPA, March 25, 1996.
---------------------------------------------------------------------------

    Furthermore, as demonstrated in the table above, even if the West 
Indian School Road exceedances were deemed to be exceptional events and 
ultimately rejected for use in the Phoenix area's attainment status 
determination, there would still be two exceedances in 1994 at West 
Earll Drive since EPA disapproved the State's request to invalidate the 
December 17, 1994 exceedance. As discussed in section I.B. of this 
notice, the second exceedance at a given monitoring site in the same 
year constitutes a violation. Therefore, based on the 1994 data alone, 
EPA has concluded that the Phoenix area cannot be deemed to have 
attained the CO NAAQS by December 31, 1995.
2. 1995 Data
    As demonstrated by the above table, the monitoring data indicate 
that Phoenix area recorded violations of the CO NAAQS in 1995 at Grand 
Avenue (three exceedances) and West Indian School Road (two 
exceedances). To date, the State has made no claims to EPA that the 
exceedances recorded at these monitoring sites are invalid for the 
purpose of determining the area's attainment status. However, EPA is 
aware that there have been ongoing communications between ADEQ and MAG 
regarding potential exceptional events claims for all except one of 
these exceedances (December 3, 1995 at West Indian School Road).<SUP>8 
MAG has recommended that ADEQ flag all 1995 exceedances at Grand Avenue 
and the December 2, 1995 exceedance at West Indian School Road as being 
affected by traffic accidents, freeway ramp closures, meteorological 
considerations, and other events. In response, ADEQ stated that in 
order to meet EPA's Exceptional Event Guideline, MAG would have to 
submit appropriate documentation demonstrating a causal relationship 
between the events and measured air quality, and referred MAG to EPA's 
November 27, 1995 letter on the appropriate documentation regarding 
traffic accidents. EPA concurs with ADEQ's assessment and refers the 
reader for further detail to the correspondence between MAG and ADEQ.
---------------------------------------------------------------------------

    \8\ See e.g., letter from Roger A. Herzog, MAG, to Russell F. 
Rhoades, ADEQ, February 22, 1996; letter from Nancy Wrona, ADEQ, to 
John DeBolske, MAG, March 29, 1996.
---------------------------------------------------------------------------

    Based on the MAG/ADEQ correspondence, EPA believes that the 1995 
exceedances are valid for use in determining the attainment status of 
the Phoenix area. EPA is therefore proposing to find, based on the 1994 
and 1995 CO violations discussed above, that the area did not attain 
the CO NAAQS by December 31, 1995. Similarly, because of the 1995 
violations, EPA does not believe that the area could qualify for a one 
year extension of the attainment deadline.<SUP>9
---------------------------------------------------------------------------

    \9\ On March 11, 1996, MAG requested that ADEQ flag as affected 
by exceptional events (unusual traffic conditions and meteorological 
considerations) CO NAAQS exceedances on January 10 and 13, 1996 at 
Grand Avenue. See letter from Roger A. Herzog, MAG, to Russell F. 
Rhoades, ADEQ, March 11, 1996, attached to letter from Russell F. 
Rhoades to David Howekamp, March 25, 1996. In its March 25, 1996 
letter to EPA, ADEQ submitted documentation from MAG in support of 
these claims. These 1996 exceedances, while lending additional 
support to EPA's proposed finding of failure to attain based on the 
1994 and 1995 data, are relevant to today's proposal in only one 
respect. If EPA were to conclude that the Phoenix area qualified for 
a one year extension of the attainment date, the 1996 exceedances, 
if validated as a NAAQS violation, would prevent the area from 
obtaining a second one year extension. As stated above, EPA does not 
believe the Phoenix area can qualify for the first extension. 
Moreover, EPA does not believe that the 1996 exceedances were 
affected by exceptional events. See letter from David P. Howekamp, 
EPA to Russell Rhoades, ADEQ, April 12, 1996. Therefore, the 1996 
data are not addressed further in this notice.

---------------------------------------------------------------------------

[[Page 21418]]

B. SIP Requirements for Serious CO Areas

    CO nonattainment areas reclassified as serious under section 
186(b)(2) of the CAA are required to submit, within 18 months of the 
area's reclassification, SIP revisions demonstrating attainment of the 
CO NAAQS as expeditiously as practicable but no later than December 31, 
2000. The serious CO area planning requirements are set forth in 
section 187(b) of the CAA. EPA has issued two general guidance 
documents related to the planning requirements for CO SIPs. The first 
is the ``General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990'' that sets forth EPA's preliminary 
views on how the Agency intends to act on SIPs submitted under Title I 
of the Act. See generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 
(April 28, 1992). The second general guidance document for CO SIPs 
issued by EPA is the ``Technical Support Document to Aid the States 
with the Development of Carbon Monoxide State Implementation Plans,'' 
July 1992.
    If the Phoenix area is reclassified to serious, the State would 
have to submit a SIP revision to EPA that, in addition to the 
attainment demonstration, 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). Upon reclassification, contingency 
measures in the moderate area plan for the Phoenix area must be 
implemented.

III. 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 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 
proposed 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-and-of-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.

IV. 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-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    As discussed in section III of this notice, 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 proposed action does 
not have a significant impact on small entities.

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.
    Clean Air Act Reclassification; Arizona-Phoenix; Carbon Monoxide 14
    EPA believes, as discussed above, that the proposed finding of 
failure to attain and reclassification of the Phoenix nonattainment 
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.

List of Subjects in 40 CFR Part 81

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

    Authority: 42 U.S.C. sections 7401-7671q.

    Dated: April 29, 1996.
Felicia Marcus,
Regional Administrator.
[FR Doc. 96-11739 Filed 5-9-96; 8:45 am]
BILLING CODE 6560-50-P