[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9293]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FRL-4875-2]

 

Redesignation of the Yavapai-Apache Reservation to a PSD Class I 
Area; State of Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPR).

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SUMMARY: The purpose of this action is to propose approval and seek 
public comment on the request by the Yavapai-Apache Tribal Council to 
redesignate the Yavapai-Apache Reservation (``the Reservation'') in the 
State of Arizona to Class I under EPA's regulations for prevention of 
significant deterioration of air quality. The Class I designation will 
result in lowering the allowable increases in ambient concentrations of 
particulate matter, sulfur dioxide, and nitrogen dioxide on the 
Reservation.
DATES: Comments and requests for a public hearing must be received on 
or before May 18, 1994.

ADDRESSES: Written comments should be addressed to: Kelly Fortin, Air 
and Toxics Division (A-5-1), U.S. Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105-3901. Requests for a public 
hearing shall be in writing to the above address and shall state the 
nature of the issues proposed to be raised in the hearing. Any hearing 
will be strictly limited to the subject matter of the proposal.
    Supporting information used in developing the proposed rule and 
materials submitted to EPA relevant to the proposed action are 
available for public inspection and copying at the docket address 
listed above during normal business hours. A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: Kelly Fortin, Air and Toxics Division 
(A-5-1), USEPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105-
3901, (415) 744-1259.

SUPPLEMENTARY INFORMATION: Part C of the Clean Air Act (``the Act'') 
provides for the prevention of significant deterioration (PSD) of air 
quality. The intent of this part is to prevent deterioration of 
existing air quality, particularly in areas considered to be pristine. 
The Act provides for three basic classifications applicable to all 
lands of the United States. Associated with each classification are 
increments which represent the maximum allowable increase in ambient 
air pollutant concentrations above a baseline concentration. A Class I 
designation applies to areas of special national or regional value from 
a natural, scenic, recreational, or historic perspective. The PSD 
regulations provide special protection for such areas. Class II applies 
to areas in which pollutant increases accompanying moderate growth 
would be allowed. Class III applies to those areas in which 
considerably more air quality deterioration would be considered 
acceptable.
    Under the 1977 amendments to the Act, all areas of the country that 
met the National ambient air quality standards were initially 
designated Class II, except for certain international parks, wilderness 
areas, national memorial parks, national parks, and any other areas 
previously designated Class I.1 Section 164 of the Act allows 
States and Indian governing bodies to reclassify areas under their 
jurisdiction to accommodate the social, economic, and environmental 
needs and desires of the local population. Reservations that have 
previously been reclassified as Class I areas include the Northern 
Cheyenne, Fort Peck, and Flathead Reservations in Montana and the 
Spokane Reservation in Washington.
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    \1\The 1990 CAA Amendments included provisions to allow the 
boundaries of existing Federal Class I areas to be expanded, but no 
new Class I areas were created.
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    A Class I redesignation will result in lowering the allowable 
increases in ambient concentrations of particulate matter, sulfur 
dioxide, and nitrogen dioxide on the Reservation. Only facilities 
defined by the PSD regulations, 40 CFR 52.21, as major stationary 
sources or major modifications are required to perform an air quality 
impact analysis for Class I and Class II areas. These facilities are 
typically large industrial sources such as refineries and electric 
utilities.
    It is important to note that no new permits and no new substantive 
requirements are applicable as a result of a redesignation to Class I. 
The same analyses and control technology requirements apply as if the 
area was designated as Class II. The difference between the two 
designations, in this case, is that the maximum increase in ambient 
concentration of a given pollutant2 allowed over a baseline 
concentration is lower in a Class I area. This affords a Class I area 
greater protection from the cumulative impacts of many facilities 
locating in and around the Class I area.
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    \2\There are currently PSD increments established for nitrogen 
dioxide, sulfur dioxide, and particulate matter. 40 CFR 52.21(c).
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    Typically a facility must be upwind of and quite close to a Class I 
area for it to have a significant impact (greater than 1 microgram per 
cubic meter). Facilities that are not found to have a significant 
impact may usually construct without performing a ``full'' (detailed) 
air quality analysis. Those facilities that may have a significant 
impact on a Class I area must perform a more detailed air quality 
analysis and may be required to propose and apply mitigation measures 
to reduce emissions to a level that will have an insignificant impact 
on the Class I area.

Yavapai-Apache Request for Redesignation

    On December 17, 1993, the Yavapai-Apache Tribal Council (herein 
referred to as ``the Tribal Council'') submitted to EPA a proposal to 
redesignate the Yavapai-Apache Reservation from Class II to Class I. 
With their request, the Tribal Council submitted an Air Quality 
Redesignation Plan, documentation of public notification, a record of 
the public hearing held on October 21, 1993, and comments received by 
the Tribal Council on the proposed redesignation.
    The Yavapai-Apache Reservation is located in the Verde Valley of 
Central Arizona about 90 miles north of Phoenix and 55 miles south of 
Flagstaff. The Reservation was established by Executive Order in 1871 
and is composed of five land parcels, totalling 635 acres, held by the 
Federal Government as trust lands.
    The main parcel, the Middle Verde Reservation, is approximately 458 
acres and is located two miles west of Interstate 17. A second parcel, 
the Camp Verde Reservation, is located approximately five miles 
southeast of the main parcel, adjacent to the town of Camp Verde, and 
is forty acres. The Clark Reservation, a parcel of 58.5 acres, is 
located in Clarkdale, 25 miles northwest of the Middle Verde 
Reservation. A forth parcel, the Rimrock Reservation, is located in 
Rimrock about 10 miles east of the main parcel and consists of 3.75 
acres. The fifth parcel, approximately 75 acres, is located on 
Interstate 17 near the entrance to the Montezuma Castle National 
Monument and is intended for commercial development.

Statutory and Regulatory Requirements for Redesignation

    Section 164 of the Clean Air Act and Federal regulations set forth 
at 40 CFR 52.21(g) outline the requirements for redesignation of areas 
under the PSD program. The Act provides that lands within the exterior 
boundaries of reservations of federally recognized Indian tribes may be 
redesignated only by the appropriate Indian Governing Body. Under 
section 164(b)(2) and 40 CFR 52.21(g)(5), EPA may disapprove a 
redesignation only if it finds, after notice and opportunity for 
hearing, that the redesignation does not meet the procedural 
requirements of section 164 or is a mandatory Class I area that may not 
be redesignated. The latter does not apply to the area proposed for 
redesignation. In addition, the Indian Governing Body may resubmit the 
proposal after correcting any deficiencies noted by the Administrator.
    The procedural requirements for a Class I redesignation by an 
Indian Governing Body are as follows: (1) At least one public hearing 
must be conducted in accordance with the requirements set forth at 40 
CFR 51.102; (2) other States, Indian Governing Bodies, and Federal Land 
Managers whose lands may be affected by the proposed redesignation must 
be notified at least 30 days prior to the public hearing; (3) at least 
30 days prior to the public hearing, a satisfactory description and 
analysis of the health, environmental, economic, social and energy 
effects of the proposed redesignation must be prepared and made 
available for public inspection and be referenced in the public hearing 
notice; (4) if any Federal lands are included in the redesignation, the 
redesignating authorities must provide written notice to the 
appropriate Federal Land Managers and an opportunity to confer and 
submit written comments and recommendations; (5) the Indian Governing 
Body must consult with the State(s) in which the Reservation is located 
and that border the Reservation.

Tribal Council Submittal

    The December 17, 1993 request for redesignation includes evidence 
that all of the statutory and regulatory requirements for redesignation 
of the Yavapai-Apache Reservation from Class II to Class I have been 
met by the Yavapai-Apache Tribal Council. The Yavapai-Apache Tribal 
Council is the Indian Governing Body for the Yavapai-Apache 
Reservation, and only lands within the exterior boundaries of the 
Reservation are proposed for redesignation.
    Pursuant to 40 CFR 51.102, the Tribal Council conducted a public 
hearing on October 21, 1993 at the Clarkdale Community Building in 
Clarkdale, Arizona. Notice of the hearing was provided to the required 
parties and numerous other public agencies and interested parties, was 
posted in public locations, and was provided to national and local 
media. A description and analysis of the health, environmental, 
economic, social, and energy effects of the proposed redesignation 
entitled, ``Yavapai-Apache Tribe Air Quality Redesignation Plan,'' was 
completed in September 1993, and its availability was announced in the 
public hearing notices. Evidence that the Tribe consulted with State 
officials prior to proposing the redesignation is also included in the 
submittal. Therefore, the documentation submitted by the Tribal Council 
shows that all statutory and regulatory procedural requirements for 
redesignation have been met.

Summary of Action

    Since EPA's review has not revealed any procedural deficiencies, 
the redesignation is hereby proposed for approval. The public is 
invited to comment on whether the Tribal Council has met all the 
procedural requirements of section 164 of the Act. Comments should be 
submitted to the address listed in the front of this document. Public 
comments received by May 18, 1994 will be considered in the final 
rulemaking action taken by EPA.

Administrative Review

    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 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 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. The proposed action affects only major stationary sources, as 
defined by 40 CFR 52.21, will not result in any additional requirements 
for small entities. Therefore, I certify that this action does not have 
a significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Authority: 42 U.S.C. 7401-7642.

    Dated: April 4, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-9293 Filed 4-15-94; 8:45 am]
BILLING CODE 6560-50-F