[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Proposed Rules]
[Pages 38603-38608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[CAO-37-FIN; FRL-7017-3]


Clean Air Act Attainment Finding; Bullhead City and Payson 
Nonattainment Areas, Arizona; Sacramento and San Bernardino 
Nonattainment Areas, California; Particulate Matter of 10 Microns or 
Less (PM-10)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Bullhead City and

[[Page 38604]]

Payson PM-10 nonattainment areas in Arizona and the Sacramento and San 
Bernardino PM-10 nonattainment areas in California have attained the 
National Ambient Air Quality Standard (NAAQS) for PM-10 by the 
applicable December 31, 2000 attainment date. This determination is 
based upon monitored air quality data for the PM-10 NAAQS during the 
years 1998-2000. This determination of attainment does not redesignate 
the Bullhead City, Payson, Sacramento and San Bernardino areas to 
attainment for PM-10. The Clean Air Act requires that, for an area to 
be redesignated, five criteria must be satisfied including the 
submitttal of a maintenance plan as a State Implementation Plan (SIP) 
revision.

DATES: Any comments on this proposal must arrive by August 24, 2001.

ADDRESSES: Mail comments to Eleanor Kaplan, Air Planning Office (AIR-
2), Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105-3901.

FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 744-
1159 or [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'', or ``our'' are used, we mean the Environmental Protection 
Agency (EPA).

Table of Contents

I. Background
    A. What National Ambient Air Quality Standards (NAAQS) are 
considered in today's proposed finding?
    B. What is the designation and classification of these PM-10 
nonattainment areas?
    C. How do we make attainment determinations?
II. Basis for EPA's Proposed Action
    A. What is the history behind this proposed action?
    B. How did we determine that these areas attained the PM-10 
NAAQS?
III. EPA's Proposed Action
    A. Determination that the following nonattainment PM-10 areas 
have attained the PM-10, NAAQS as of December 31, 2000.
    1. Bullhead City
    2. Payson
    3. Sacramento
    4. San Bernardino
IV. Administrative Requirements

I. Background

A. What National Ambient Air Quality Standards (NAAQS) Are Considered 
in Today's Proposed Finding?

    Particulate matter with an aerodynamic diameter of less than 10 
micrometers (PM-10) is the pollutant that is the subject of this 
action. The NAAQS are safety thresholds for certain ambient air 
pollutants set by EPA to protect public health and welfare. PM-10 is 
among the ambient air pollutants for which EPA has established a 
health-based standard.
    PM-10 causes adverse health effects by penetrating deep in the 
lung, aggravating the cardiopulmonary system. Children, the elderly, 
and people with asthma and heart conditions are the most vulnerable.
    On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for 
particulate matter with an indicator that includes only those particles 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers. (See 40 CFR 50.6).
    The 24-hour primary PM-10 standard is 150 micrograms per cubic 
meter (g/m\3\) with no more than one expected exceedance per 
year. The annual primary PM-10 standard is 50 g/m\3\ as an 
annual arithmetic mean. The secondary PM-10 standards, promulgated to 
protect against adverse welfare effects, are identical to the primary 
standards.

B. What Is the Designation and Classification of These PM-10 
Nonattainment Areas?

    Upon enactment of the 1990 Clean Air Act Amendments (Act), PM-10 
areas meeting the requirements of either (i) or (ii) of section 
107(d)(4)(B) of the Act were designated nonattainment for PM-10 by 
operation of law and classified ``moderate''. See generally, 42 U.S.C. 
7407(d)(4)(B). These areas included all former Group I PM-10 planning 
areas identified in 52 FR 29383 (August 7, 1987) and further clarified 
in 55 FR 45799 (October 31, 1990), and any other areas violating the 
NAAQS for PM-10 prior to January 1, 1989 (many of these areas were 
identified by footnote 4 in the October 31, 1990 Federal Register 
document). A Federal Register notice announcing the areas designated 
nonattainment for PM-10 upon enactment of the 1990 Amendments, known as 
``initial'' PM-10 nonattainment areas, was published on March 15, 1991 
(56 FR 11101). A subsequent Federal Register document correcting some 
of these areas was published on August 8, 1991 (56 FR 37654). These 
nonattainment designations and moderate area classifications were 
codified in 40 CFR part 81 in a Federal Register document published on 
November 6, 1991 (56 FR 56694). All other areas in the nation not 
designated nonattainment at enactment were designated unclassifiable 
(see section 107(d)(4)(B)(iii) of the Act).
    In January and February of 1991, we notified the Governors of those 
States which recorded violations of the PM-10 standard after January 1, 
1989 that EPA believed that those areas should be redesignated as 
nonattainment for PM-10. In September 1992 we proposed that several 
areas be redesignated nonattainment for PM-10 and took final action on 
December 21, 1993 (58 FR 67335). Bullhead City and Payson in Arizona 
and Sacramento and San Bernardino in California were among those areas 
listed. The effective date of the final action redesignating these 
areas as nonattainment for the PM-10 NAAQS was January 20, 1994. 
However the current Code of Federal Regulations (CFR), 40 CFR 81.303, 
gives an incorrect date, namely January 20, 1990, for the designation 
of Bullhead City to nonattainment. We are therefore in this proposal 
correcting the Sec. 81.303 so that the date of Bullhead City's 
designation to nonattainment is January 20, 1994. Under section 
188(c)(1) of the Act, the applicable attainment date is to be no later 
than the sixth calendar year after the area's designation as a moderate 
nonattainment area for the PM-10 NAAQS. Given that the effective date 
occurred in 1994, the applicable attainment date for these areas is no 
later than December 31, 2000.

C. How Do We Make Attainment Determinations?

    Pursuant to sections 179(c) and 188(b)(2) of the Act, we have the 
responsibility of determining within six months of the applicable 
attainment date whether, based on air quality data, the PM-10 
nonattainment areas attained the NAAQS by that date. Determinations 
under section 179(c)(1) of the Act are to be based upon an area's 
``'air quality as of the attainment date''. Section 188(b)(2) is 
consistent with this requirement.
    Generally, we will determine whether an area's air quality is 
meeting the PM-10 NAAQS for purposes of section 179(c)(1) and 188(b)(2) 
based upon data gathered at established state and local air monitoring 
stations (SLAMS) and national air monitoring sites (NAMS) in the 
nonattainment area and entered into the Aerometric Information 
Retrieval System (AIRS). Data entered into the AIRS has been determined 
to meet federal monitoring requirements (see 40 CFR 50.6, 40 CFR part 
50 appendix J, 40 CFR part 53, 40 CFR part 58, appendices A & B) and 
may be used to determine the attainment status of areas. We will also 
consider air quality data from other air monitoring stations in the 
nonattainment area provided that the stations meet the federal 
monitoring

[[Page 38605]]

requirements for SLAMS. All data are reviewed to determine the area's 
air quality status in accordance with our guidance at 40 CFR part 50, 
appendix K.
    Attainment of the annual PM-10 standard is achieved when the annual 
arithmetic mean PM-10 concentration over a three year period (for 
example, 1998, 1999, and 2000 for areas with a December 31, 2000 
attainment date) is equal to or less than 50 g/m\3\. 
Attainment of the 24-hour standard is determined by calculating the 
expected number of days in a year with PM-10 concentrations greater 
than 150 g/m\3\. The 24-hour standard is attained when the 
expected number of days with levels above 150 g/m\3\ (averaged 
over a three year period) is less than or equal to one. Three 
consecutive years of air quality data are generally necessary to show 
attainment of the 24-hour and annual standard for PM-10. See 40 CFR 
part 50 and appendix K. A complete year of air quality data, as 
referred to in 40 CFR part 50, appendix K, is comprised of all 4 
calendar quarters with each quarter containing data from at least 75 
percent of the scheduled sampling days.

II. Basis for EPA's Proposed Action

A. What Is the History Behind This Proposed Action?

    As moderate PM-10 nonattainment areas that were redesignated as 
such effective in 1994, Bullhead City, Payson, Sacramento and San 
Bernardino were required by CAA section 188 to attain the PM-10 NAAQS 
by December 31, 2000. As noted above, section 188 of the CAA requires 
EPA to determine whether such moderate areas have attained the NAAQS 
within six months of the attainment date.

B. How Did We Determine That These Areas Attained the PM-10 NAAQS?

1. Bullhead City
    The Bullhead City PM-10 nonattainment area is located in 
northwestern Arizona in Mohave County. It encompasses 200 square miles 
and extends across mostly desert terrain interrupted by mesas and 
mountains. Bullhead City itself is a rapidly growing urbanized area of 
43 square miles. The Colorado River and the Nevada/Arizona border form 
the western boundary of the nonattainment area.
    Bullhead City's primary economic activities are tourism, the 
hydroelectric facility at Davis Dam, and the Mohave Generating Station, 
a coal-fired power plant on the Nevada side of the Colorado River. 
Bullhead City also provides housing for employees working at casinos in 
nearby Laughlin, Nevada. The annual average temperature is 85 degrees F 
and temperatures can reach 125 degrees F in the summer. Average 
rainfall is about 4 inches.
a. Air Quality Data
    Bullhead City has one SLAMS monitor operated by the Arizona 
Department of Environmental Quality (ADEQ). The following table 
summarizes the one-in-six day PM-10 data collected from 1998--2000. We 
deemed the data from this site valid and the data has been submitted by 
the ADEQ to be included in AIRS.

          Summary of 24 Hour and Annual PM-10 Concentrations (g/m\3\) Bullhead City 1998-2000
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                                                                                   Year
                                                        --------------------------------------------------------
                                                               1998 *              1999               2000
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Maximum 24 hour concentration..........................                 27                 27                 42
Annual average.........................................                 10                 13                 15
3-year annual average..................................  .................                 13  .................
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*PM-10 Concentrations in 1998 were reported to EPA under actual (or local) temperature and pressure conditions
  (LTP). The PM-10 NAAQS requires data to be adjusted to standard temperature and pressure (STP). When we
  revised the PM-10 NAAQS in 1997, we changed the method of calculating the concentration from STP to LTP.
  Arizona correctly switched the way it reported PM-10 data. When the 1997 PM-10 NAAQS was rescinded, States
  were to correct the data reported in 1998 from LTP to STP in order to be in compliance with the original PM-10
  NAAQS which was now back in effect. Arizona has not completed the data revision at this time. The difference
  in the values reported as LTP or STP in this case is minor. If the 1998 data were revised we would expect the
  24 hour values reported to increase by no more than 3-5 g/m3. Because the data from Bullhead City is
  so low we do not believe the adjustment would affect our conclusion that the area has attained both the 24
  hour and annual PM-10 NAAQS.

b. Determination That the Bullhead City PM-10 Nonattainment Area 
Attained the PM-10 NAAQS as of December 31, 2000
    The PM-10 concentrations reported at the Bullhead City monitoring 
site showed no measured exceedance of the 24-hour PM-10 NAAQS between 
1998 and 2000. Thus, the three-year average was less than 1.0, which 
indicates Bullhead City attained the 24-hour PM-10 NAAQS as of December 
31, 2000.
    Review of the annual standard for calendar years 1998, 1999 and 
2000 reveals that Bullhead City also attained the annual PM-10 NAAQS by 
December 31, 2000. There was no violation of the annual standard for 
the three-year period from 1998 through 2000.
2. Payson
    Payson, at an elevation of 4,848 feet, is located in northeast 
Arizona and has a population of approximately 8,000. Major economic 
activities in the area are the lumber industry and recreation. Sources 
of PM-10 emissions in Payson include wood smoke, unpaved roads, paved 
roads and other industrial/ miscellaneous sources.
a. Air Quality Data
    The ADEQ operates a single SLAMS monitor in the Payson area. We 
deemed the data from this site valid and the data was submitted by 
Arizona to be included in AIRS.
    The following table summarizes the one-in-six day PM-10 data 
collected from 1998 through 2000.

              Summary of 24 Hour and Annual PM-10 Concentrations (g/m\3\) Payson 1998-2000
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                                                                                   Year
                                                        --------------------------------------------------------
                                                               1998 *              1999               2000
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Maximum 24 hour concentration..........................                 69                 52                 88
Annual average.........................................                 24                 29                 24

[[Page 38606]]

 
3-year annual average..................................  .................                 26  .................
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*PM-10 Concentrations in 1998 were reported to EPA under actual (or local) temperature and pressure conditions
  (LTP). The PM-10 NAAQS requires data to be adjusted to standard temperature and pressure (STP). When EPA
  revised the PM-10 NAAQS in 1997, we changed the method of calculating the concentration from STP to LTP.
  Arizona correctly switched the way it reported PM-10 data. When the 1997 PM-10 NAAQS was rescinded, States
  were to correct the data reported in 1998 from LTP to STP in order to be in compliance with the original PM-10
  NAAQS which was now back in effect. Arizona has not completed the data revision at this time. The difference
  in the values reported as LTP or STP in this case is minor. If the 1998 data were revised we would expect the
  24 hour values reported to increase by no more than 3-5 g/m3. Because the data from Payson is far
  enough below the NAAQS we do not believe the adjustment would affect our conclusion that the area has attained
  both the 24 hour and annual PM-10 NAAQS.

b. Determination That the Payson PM-10 Nonattainment Area Attained the 
PM-10 NAAQS as of December 31, 2000
    The PM-10 concentrations reported at the Payson monitoring site 
showed no measured exceedances of the 24-hour PM-10 NAAQS between 1998 
and 2000, which indicates Payson attained the 24-hour PM-10 NAAQS as of 
December 31, 2000.
    Review of the annual standard for calendar years 1998, 1999 and 
2000 reveals that Payson also attained the annual PM-10 NAAQS by 
December 31, 2000. The monitoring site showed no violation of the 
annual standard in the three-year period from 1998 through 2000.
3. San Bernardino
    The San Bernardino PM-10 nonattainment area that is the subject of 
this action includes the entire county excluding that portion of the 
county that is located in the Searles Valley Planning area,\1\ and 
excluding that portion of the county that is located in the South Coast 
Air Basin.\2\ The nonattainment area covers over 18,000 square miles, 
but includes only about 315,000 persons. The area is relatively rural 
with only a few densely populated centers of urban development, all of 
which are located in the southwest portion and contain 97 percent of 
the population. San Bernardino also contains two military bases, 
Twenty-Nine Palms and Fort Irwin National Training Center. The climate 
of the area is characteristic of a desert environment. Two mountain 
ranges block the desert from the cool moist coast air of the South 
Coast Air Basin. The region generally experiences hot dry summers and 
mild winters with very little annual rainfall.
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    \1\ We have recently proposed to split the San Bernardino County 
portion of the Searles Valley planning area nonattainment area into 
its own nonattainment area (i.e., the Trona subregion) and to find 
that the Trona subregion has attained the standard (66 FR 31873, 
June 13, 2001.
    \2\ The portion of San Bernardino County that is located within 
the South Coast Air Basin is part of a PM-10 nonattainment area that 
is classified as ``serious.''
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    Major PM-10 emissions sources in the past included city and county 
unpaved road travel, vehicle activity on Bureau of Land Management 
land, construction, paved road dust entrainment and windblown fugitive 
dust from disturbed areas.
a. Air Quality Data
    The Mojave Desert Air Quality Management District, which has 
jurisdiction over the San Bernardino PM-10 nonattainment area, 
maintains five PM-10 monitoring stations which are located in the 
population centers. PM-10 monitoring is also ongoing at Fort Irwin and 
Twenty-nine Palms. We deemed the data from these sites valid and the 
data was submitted by California to be included in AIRS.
    The following table summarizes the one-in-six day PM-10 data 
collected since 1998-2000.

                                              Summary of PM-10 Air Quality San Bernardino County 1998-2000
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                                                                  Highest 24 hour concentration         Annual      3-year annual average  (*/
                                                                        (*/m\3\)               average                    m\3\)
                            Site                             --------------------------------------- (*/ --------------------------------------
                                                                  1998         1999         2000         m\3\)         1998         1999         2000
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Barstow.....................................................           53           69           69            23           26           28           26
Lucerne Valley..............................................           39           95           58            19           20           23           21
Victorville.................................................           70           78           52            28           30           26           28
Twenty-nine Palms...........................................           30          105           62            16           22           21           20
Hesperia....................................................           70          109           80            26           32           34           31
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b. Determination That the San Bernardino PM-10 Nonattainment Area 
Attained the PM-10 NAAQS as of December 31, 2000
    The PM-10 concentrations reported at the five different monitoring 
sites showed no measured exceedances of the 24-hour PM-10 NAAQS between 
1998 and 2000, which indicates San Bernardino attained the 24-hour PM-
10 NAAQS as of December 31, 2000.
    Review of the annual standard for calendar years 1998-2000 reveals 
that San Bernardino also attained the annual PM-10 NAAQS by December 
31, 2000. No monitoring sites showed a violation of the annual standard 
in the three-year period from 1998 through 2000.
4. Sacramento
    The Sacramento PM-10 nonattainment area comprises the entire county 
of Sacramento. The County is approximately 995 square miles and is 
located in the northern portion of the Central Valley of California. 
The area has experienced tremendous growth in population over the past 
twenty years. The major economic activity in the area is government 
services and retail trade, along with significant agricultural, 
industrial and construction industries.

[[Page 38607]]

a. Air Quality Data
    The Sacramento Metropolitan Air Quality Management District, which 
has jurisdiction over the Sacramento PM-10 nonattainment area, 
maintains five PM-10 monitoring stations which are located in the 
Sacramento metropolitan area. The following table summarizes the one-
in-six day PM-10 data collected from 1998-2000.

                                                Summary of PM-10 Air Quality Sacramento County 1998-2000
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                                                                  Highest 24 hour concentration         Annual      3-year annual average (*/m
                                                                        (*/m \3\)              average                     \3\)
                            Site                             --------------------------------------- (*/ --------------------------------------
                                                                  1998         1999         2000        m \3\)         1998         1999         2000
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North Highlands.............................................           73           73           82            22           26           23           24
Del Paso....................................................          104          141           58            22           27           21           23
Sacramento--Health Center...................................           79           88           86            23           25           31           26
Sacramento--Branch Center Rd................................           86           86           56            27           33           27           29
Sacramento--T Street........................................           75           99           64            23           29           25           26
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b. Determination That the Sacramento PM-10 Nonattainment Area Attained 
the PM-10 NAAQS as of December 31, 2000
    The PM-10 concentrations reported at the five different monitoring 
sites showed no measured exceedances of the 24-hour PM-10 NAAQS between 
1998 and 2000, which indicates Sacramento attained the 24-hour PM-10 
NAAQS as of December 31, 2000.
    Review of the annual standard for calendar years 1998-2000 reveals 
that Sacramento also attained the annual PM-10 NAAQS by December 31, 
2000. No monitoring sites showed a violation of the annual standard in 
the three-year period from 1998 through 2000.

III. EPA'S Proposed Action

    Based on quality-assured data meeting the requirements of 40 CFR 
part 50, Appendix K, we propose to find that the Bullhead City and 
Payson nonattainment areas in Arizona and the Sacramento and San 
Bernardino nonattainment areas in California have attained the PM-10 
NAAQS by their applicable attainment date of December 31, 2000. 
Consistent with CAA section 188, the areas will remain moderate PM-10 
nonattainment areas and avoid the additional planning requirements that 
apply to serious PM-10 nonattainment areas.
    This proposed action should not be confused with a redesignation to 
attainment under CAA section 107(d)(3) because we have not yet approved 
a maintenance plan as required under section 175(A) of the CAA or 
determined that the areas have met the other CAA requirements for 
redesignation. The designation status in 40 CFR part 81 will remain 
moderate nonattainment for all these areas until such time as Arizona 
and California meet the CAA requirements for redesignations to 
attainment.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposed action is also not subject to 
Executive Order 32111, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This proposed action merely makes a determination 
based on air quality data and does not impose any requirements. 
Accordingly, the Administrator certifies that this proposed 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 proposed rule 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 (Public Law 104-4). This proposed rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely makes a determination based on air quality data and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This proposed rule 
also is not subject to Executive Order 13045 (62 FR 19885, April 23, 
1997), because it is not economically significant.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), in issuing this proposed rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings' issued under 
the executive order. This proposed 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.).

List of Subjects in 40 CFR Part 81

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

    Dated: July 16, 2001.
Jane Diamond,
Acting Regional Administrator, Region 9.
    Part 81, chapter I, title 40 of the Code of Federal Regulations is 
proposed to be amended as follows:

PART 81--[AMENDED]

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

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

Subpart D--Arizona

    2. In Sec. 81.303, the table for Arizona-PM-10 is amended by 
revising the entry for Mohave County (part) to read as follows:

[[Page 38608]]

Sec. 81.303  Arizona.

* * * * *

                                                                     Arizona--PM-10
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                                                      Designation                                   Classification
          Designated area          -----------------------------------------------------------------------------------------------
                                             Date                    Type                    Date                    Type
----------------------------------------------------------------------------------------------------------------------------------
 
             *                    *                    *                    *                    *                    *                    *
 
Mohave County (part):
  Bullhead City: T21N, R20-21W,     January 20, 1994......  Nonattainment.........  January 20, 1994......  Moderate.
   excluding Lake Mead National
   Recreation Area: T20N, R20-22W;
   T19N, R21-22W excluding Fort
   Mohave Indian Reservation.
 
             *                    *                    *                    *                    *                    *                    *
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[FR Doc. 01-18536 Filed 7-24-01; 8:45 am]
BILLING CODE 6560-50-P