[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39343-39347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19194]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[AZR91-0003; FRL-5543-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this document EPA is making a final finding that the 
Phoenix nonattainment area (Maricopa County, Arizona) has not attained 
the carbon monoxide (CO) national ambient air quality standards (NAAQS) 
by the applicable attainment date in the Clean Air Act (CAA) for 
moderate CO nonattainment areas, December 31, 1995. This finding is 
based on EPA's review of CO ambient air quality data. As a result of 
this finding, the Phoenix area is reclassified as a serious CO 
nonattainment area by operation of law. The intended effect of the 
reclassification is to allow the State 18 months from the effective 
date of this action to submit a new State Implementation Plan (SIP) 
demonstrating attainment of the CO NAAQS as expeditiously as practical 
but no later than December 31, 2000, the CAA attainment date for 
serious areas.

EFFECTIVE DATE: This action is effective on August 28, 1996.

FOR FURTHER INFORMATION CONTACT: Frances Wicher, Mobile Sources 
Section, A-2-1, Air and Toxics Division, U.S. Environmental Protection 
Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105, 
(415) 744-1248.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation, 
Classification and Reclassification

    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. The Maricopa Area was classified as moderate. 40 CFR 81.303. 
Moderate CO nonattainment areas were required to attain the CO national 
ambient air quality standards (NAAQS) as expeditiously as practicable 
but no later than December 31, 1995.
    EPA has the responsibility, pursuant to sections 179(c) and 
186(b)(2) 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 
document 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.
    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 document addresses only the air quality status of the area with 
respect to the 8-hour standard.
    The reader should consult EPA's Notice of Proposed Rulemaking 
(NPRM) for this action for a more detailed discussion of the applicable 
CAA requirements, and EPA guidance on those requirements and on the 
method of calculating CO NAAQS violations for reclassification 
purposes. See 61 FR 21415 (May 10, 1996).

B. Effect of Reclassification

    CO nonattainment areas reclassified as serious are required to 
submit, within 18 months of the area's reclassification, SIP revisions 
providing for attainment of the CO NAAQS as expeditiously as 
practicable but no later than December 31, 2000. In addition, the State 
must submit a SIP revision that 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). Finally, upon the effective date 
of this reclassification, contingency measures in the moderate area 
plan for the Phoenix area must be implemented.

C. Proposed Finding of Failure to Attain

    On May 10, 1996 EPA proposed to find that the Phoenix area had 
failed to attain the CO NAAQS by the applicable attainment date. 61 FR 
21415. This proposed finding was based on CO monitoring data collected 
by Maricopa County Environmental Services Department during the years 
1994 and 1995. These data demonstrate violations of the CO NAAQS in 
both years. For the specific data considered by EPA in making this 
proposed finding, see 61 FR 21415.

II. Response To Comments on Proposed Finding

    During the public comment period on EPA's proposed finding, the 
Agency received a comment only from the Arizona Department of 
Environmental Quality (ADEQ). ADEQ expressed its

[[Page 39344]]

concern that CAA section 107(d)(4)(A) (iv) and (v) could be construed 
to mean that the Phoenix CO nonattainment area (which currently 
includes only the urbanized area of Maricopa County) would be expanded 
to include all of the Phoenix metropolitan statistical area (MSA) (the 
entire County) upon reclassification to serious and stated that it 
supports EPA's interpretation that this requirement applies only to the 
initial designation and classification of an area to nonattainment.
    CAA section 107(d)(4)(A)(iv) states that, if a carbon monoxide 
nonattainment area located in a MSA is classified as serious, the 
boundaries of such area are revised by operation of law to include the 
entire MSA. A CO area is classified at the time it is designated as 
nonattainment either (1) by operation of law on the date of enactment 
of the 1990 Clean Air Act Amendments, or (2) after enactment if the 
area was designated attainment or unclassifiable but later experiences 
NAAQS violations. See section 186 (a)(1) and (b)(1). Therefore, section 
107(d)(4)(A)(iv) applies only in these two situations and does not 
apply to the reclassification of an already existing nonattainment area 
that is based on a failure to attain. As a result, the boundaries of 
the Phoenix CO nonattainment area are unaffected by the area's 
reclassification to serious.1
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    \1\ Even if the boundary expansion provision of section 
107(d)(4)(A)(iv) were deemed to apply to reclassified areas, EPA 
believes that the State would likely qualify under section 
107(d)(4)(A) (iv) and (v) for an exclusion from that requirement. 
Section 107(d)(4)(A)(v) allows exclusion of areas in the MSA from 
the nonattainment area where the Administrator finds that sources in 
the those areas do not contribute significantly to violations of the 
NAAQS. Cars represent the most significant contributor to CO 
violations in metropolitan Phoenix. Data, however, indicate that 
only a very small fraction of cars operating within the metropolitan 
area are registered in Maricopa County but outside the current 
nonattinment boundaries. Thus, EPA believes the State is likely to 
be able to readily show that sources outside the current boundaries 
do not contribute significantly to the area's CO violations.
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III. Today's Final Action

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

IV. 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 
finalized 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.

V. 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 IV of this document, 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 final action does not 
have a significant impact on small entities.

VI. Unfunded Mandates

    Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, 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.
    EPA believes, as discussed above, that the finding of failure to 
attain and reclassification of the Maricopa 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.

VII. Small Business Regulatory Enforcement Fairness Act (SBREFA)

    Under section 801(a)(1)(A) of the Administrative Procedures Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted 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 General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects in 40 CFR Part 81

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

    Dated: July 12, 1996.
Felicia Marcus,
Regional Administrator.
    40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

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

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

    2. Section 81.303 is amended by revising the table for Arizona--
Carbon Monoxide to read as follows:


Sec. 81.303  Arizona.

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[[Page 39345]]



                                                                Arizona--Carbon Monoxide                                                                
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                                                                  Designation                                       Classification                      
                 Designated area                 -------------------------------------------------------------------------------------------------------
                                                      Date                  Type                          Date                          Type            
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Phoenix Area:                                                                                                                                           
    Maricopa County (part)......................     11/15/90  Nonattainment................  Aug. 28, 1996...............  Serious.                    
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 Township                                                                                                        
     2 South, said point is the southeastern                                                                                                            
     corner of the 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                                                                                                          
     Statute 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 showed on the U.S. Forest                                                                                                              
     Service 1969 Planimetric Maps;                                                                                                                     
    3. thence, westerly along the northern line                                                                                                         
     of Township 1 North to approximately the                                                                                                           
     southwest corner of the southeast quarter                                                                                                          
     of Section 35, Township 2 North, Range 7                                                                                                           
     East, said point being the boundary of the                                                                                                         
     Tonto National Forest and Usery Mountain                                                                                                           
     Semi-Regional Park;                                                                                                                                
    4. thence, northerly along the Tonto                                                                                                                
     National Forest Boundary, which is                                                                                                                 
     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;                                                                                                                                
    5. thence, westerly along the Tonto National                                                                                                        
     Forest Boundary, which is generally the                                                                                                            
     south line of Section 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 which is the southwest corner of                                                                                                        
     Section 19, Township 2 North, Range 7 East;                                                                                                        
    6. thence, northerly 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 bondary                                                                                                        
     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, notherly 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;                                                                                                                                   

[[Page 39346]]

                                                                                                                                                        
    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 Statute 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                                                                                                        
     Statute 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;                                                                                                                          
    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                                                                                                           
     Statues Section 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                                                                                                         

[[Page 39347]]

                                                                                                                                                        
    28. thence, easterly along the southern line                                                                                                        
     of Township 2 South to the point of                                                                                                                
     beginning which is a point where the                                                                                                               
     southern line of Township 2 South                                                                                                                  
     intersects with the eastern line Range 7                                                                                                           
     East.                                                                                                                                              
Tuscon Area:                                                                                                                                            
    Pima County (part)..........................     11/15/90  Nonattainment................  11/15/90....................  Not classified.             
    Township and Ranges as follows: T11-12S, R12-                                                                                                       
     14E; T13-15S, R11-16E; and T16S, R12-16E                                                                                                           
     Gila and Salt River Baseline and Meridian                                                                                                          
     excluding portions of the Saguaro National                                                                                                         
     Monument and the Coronado National Forest.                                                                                                         
    Rest of State...............................     11/15/90  Nonclassifiable/.............  ............................  ............................
                                                               Attainment                                                                               
        Apache County                                                                                                                                   
        Cochise County                                                                                                                                  
        Coconino County                                                                                                                                 
        Gila County                                                                                                                                     
        Graham County                                                                                                                                   
        Greenlee County                                                                                                                                 
        La Paz County                                                                                                                                   
        Maricopa County (part)                                                                                                                          
    Area outside Phoenix Area:                                                                                                                          
        Mohave County                                                                                                                                   
        Navajo County                                                                                                                                   
        Pima County (part)                                                                                                                              
    Area outside Tucson Area:                                                                                                                           
        Pinal County                                                                                                                                    
        Santa Cruz County                                                                                                                               
        Yavapai County                                                                                                                                  
        Yuma County                                                                                                                                     
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[FR Doc. 96-19194 Filed 7-26-96; 8:45 am]
BILLING CODE 6560-50-P