[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Rules and Regulations]
[Pages 12802-12804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4817]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[AZ 114-CORR; FRL-7632-1]


Approval and Promulgation of State Implementation Plans; 
Designation of Areas for Air Quality Planning Purposes; State of 
Arizona; Tucson Area; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: In this action, EPA is amending a section in part 52, title 
40, of the Code of Federal Regulations (CFR) that identifies the 
Agency's approvals of revisions to the Arizona State Implementation 
Plan, and is amending a section of part 81, title 40, of the Code of 
Federal Regulations that identifies area designations within Arizona. 
The purpose of this action is to correct these sections to conform to a 
previous final action taken by EPA related to attainment of the Carbon 
Monoxide National Ambient Air Quality Standard in the Tucson Air 
Planning Area.

EFFECTIVE DATE: This action is effective on March 18, 2004.

ADDRESSES: Copies of documents relevant to this action are available 
for public inspection during normal business hours at the Air Planning 
Office of the Air Division, Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, California 94105-3901.

FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, Air Planning Office 
(Air-2), U.S. Environmental Protection Agency, Region IX, (415) 947-
4147 or e-mail to [email protected].

SUPPLEMENTARY INFORMATION: On June 8, 2000, at 65 FR 36353, EPA 
published a final rulemaking action approving the request by Arizona 
for the redesignation of the Tucson Air Planning Area (TAPA) to 
attainment for the carbon monoxide (CO) National Ambient Air Quality 
Standard (NAAQS) and for approval of a maintenance plan. The effective 
date for that action was July 10, 2000. On August 21, 2000, at 65 FR 
50651, EPA published a correction to the June 8, 2000 final rule adding 
amendments relating to various Arizona statutes to 40 CFR part 52, 
Sec.  52.120, which identifies the Arizona State Implementation Plan 
(SIP), and correcting the description of the boundaries for TAPA in 40 
CFR part 81, Sec.  81.303, which identifies the area designations for 
air quality planning purposes within Arizona.
    However, in correcting the description of the boundaries of TAPA in 
the August 21, 2000 correction notice, EPA inadvertently changed the 
effective date in the Arizona CO table in 40 CFR part 81, Sec.  81.303, 
on which TAPA's designation became attainment for the CO NAAQS from the 
correct date, July 10, 2000, to an incorrect date, September 20, 2000. 
Publication of the 2003 Edition of the volume of 40 CFR containing 
parts 81 to 85 (i.e., with revisions as of July 1, 2003) added another 
error by moving the date (erroneously listed as September 20, 2000) for 
TAPA in the Arizona CO table to the column that describes the 
designated area. Also, in the August 21, 2000 correction notice, EPA 
inadvertently deleted the designation type (``Attainment'') from the 
appropriate column in 40 CFR part 81, Sec.  81.303. Therefore, EPA is 
taking action today to amend the Arizona CO table in 40 CFR 81.303 to 
identify the correct effective date for the designation of attainment 
for TAPA with respect to the CO NAAQS, i.e., July 10, 2000, in the 
appropriate column, and to identify the designation type 
(``Attainment'') in the appropriate column, consistent with EPA's final 
rule published on June 8, 2000 (65 FR 36353). EPA is also taking this 
opportunity to revise the description of the boundaries for the 
designated area (``Tucson Area'') in recognition of the change in 
status of Saguaro National Monument to Saguaro National Park. Saguaro 
National Park was so designated in 1994.
    In addition, in the June 8, 2000 final rule, EPA inadvertently 
failed to list the 1996 Carbon Monoxide Limited Maintenance Plan for 
the Tucson Air Planning Area (as updated August, 1997), submitted by 
the Arizona Department of Environmental Quality (ADEQ) to EPA on 
October 6, 1997, as an approved revision to the Arizona SIP in 40 CFR 
part 52, Sec.  52.120. In the June 8, 2000 final rule, EPA codified its 
final approval of this plan in 40 CFR part 52, Sec.  52.123, but did 
not list its approval of this plan in 40 CFR part 52, Sec.  52.120, 
which is the section of subpart D (Arizona) (of part 52) that 
identifies the original Arizona SIP and all revisions to the Arizona 
SIP that have been approved by EPA. Therefore, EPA is taking action 
today to amend 40 CFR part 52, Sec.  52.120, [specifically, paragraph 
(c)(91)] to clarify EPA's approval of the 1996 Carbon Monoxide Limited 
Maintenance Plan for the Tucson Air Planning Area (as updated August, 
1997), submitted by ADEQ on October 6, 1997, as a revision to the 
Arizona SIP.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because EPA is merely correcting 
the listing of approved plan revisions in 40 CFR part 52, Sec.  52.120, 
and correcting the table listing the area designations in 40 CFR part 
81, Sec.  81.303, to reflect a previous EPA rulemaking that had been 
subject to notice and comment procedures. Thus, notice and public 
procedure are unnecessary. EPA finds that this constitutes good cause 
under 5 U.S.C. 553(b)(B).
    Moreover, since today's action does not create any new regulatory 
requirements and affected parties have known of the underlying rule 
since June 8, 2000, EPA finds that good cause exists to provide for an 
immediate effective date pursuant to 5 U.S.C 553(d)(3).

Summary of Final Action

    In this action, EPA is amending 40 CFR part 52, subpart D, to list 
EPA approval of the Tucson CO maintenance plan as a revision to the 
Arizona SIP and is amending 40 CFR part 81, subpart C, to correct 
errors in the Arizona CO table for the Tucson Air Planning Area. 
Specifically, this action amends 40 CFR part 52, Sec.  52.120, relating 
to the Identification of Plan, and 40 CFR part 81, Sec.  81.303, 
describing the boundary, date of attainment and attainment status of 
the Tucson Air Planning Area. This action aligns the applicable 
sections of 40 CFR parts 52 and 81 with our final rule published in the 
Federal Register on June 8, 2000 that redesignated the Tucson Air 
Planning Area to attainment for the CO NAAQS and that approved the 
maintenance plan for that area as a revision to the Arizona SIP.

[[Page 12803]]

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA)(Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA.
    This rule also does not have tribal implications because it will 
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). This rule will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). EPA's compliance with these statutes and Executive 
Orders for the underlying rule is discussed in the June 8, 2000 Federal 
Register action.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of March 18, 2004. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 17, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks.

    Dated: February 19, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Parts 52 and 81 of Chapter I, Title 40 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

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

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

Subpart D--Arizona

0
2. Section 52.120 is amended by revising paragraph (c)(91) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (91) The following amendments to the plan were submitted on October 
6, 1997 by the Governor's designee.
    (i) Incorporation by reference.
    (A) 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson 
Air Planning Area (as updated August, 1997).
    (1) Base year (1994) emissions inventory and contingency plan, 
including commitments to follow maintenance plan contingency procedures 
by the Pima Association of Governments and by the member jurisdictions: 
the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June 
5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on 
June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted 
June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June 
24, 1996), and the town of Marana, Arizona (Resolution No. 96-55, 
adopted June 18, 1996).
    (B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and 
28: ARS 41-2083 (amended), 41-2122 (amended), 41-2125 (amended), 
adopted on July 18, 1996.
* * * * *

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

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


Sec.  81.303  Arizona.

* * * * *

[[Page 12804]]



                                                                Arizona.--Carbon Monoxide
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                                                           Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                          Date \1\                        Type                        Date \1\                       Type
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                                                                      * * * * * * *
Tucson Area:                       July 10, 2000........  Attainment.........................
    Pima County (part) 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 Park
     and the Coronado National
     Forest.
 
                                                                     * * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.

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[FR Doc. 04-4817 Filed 3-17-04; 8:45 am]
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