[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Rules and Regulations]
[Pages 13021-13025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2430]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2006-0041; FRL-8045-1]


Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; State of Arizona; Particulate 
Matter of 10 Microns or Less; Finding of Attainment for Yuma 
Nonattainment Area; Determination Regarding Applicability of Certain 
Clean Air Act Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action under the Clean Air Act to 
determine that the Yuma nonattainment area in Arizona has attained the 
National Ambient Air Quality Standards (NAAQS) for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM10). This determination is based upon 
monitored air quality data for the PM10 NAAQS during the 
years 1998-2000. EPA also finds that the Yuma area is currently in 
attainment of the PM10 NAAQS, and based on this finding, EPA 
is determining that certain Clean Air Act requirements are not 
applicable for so long as the Yuma area continues to attain the 
PM10 NAAQS.

DATES: This rule is effective on May 15, 2006, without further notice, 
unless EPA receives adverse comments by April 13, 2006. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0041, by one of the following methods:
    (1) Federal eRulemaking portal: http://www.regulations.gov. Follow 
the on-line instructions.
    (2) E-mail: [email protected].
    (3) Mail or deliver: Rebecca Rosen (AIR-2), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through the 
www.regulations.gov or e-mail. www.regulations.gov is an anonymous 
access system, and EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send e-mail directly to EPA, your e-mail address will be automatically 
captured and included as part of the public comment. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available in either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Rebecca Rosen, EPA Region IX, (415) 
947-4152, [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 Finding?
B. What Is the Designation and Classification of This 
PM10 Nonattainment Area?
C. How Do We Make Attainment Determinations?
II. What Is the Basis for EPA's Determination That the Yuma 
Nonattainment Area Has Attained the PM10 NAAQS?
III. What Are the Applicable Planning Requirements for the Yuma 
Nonattainment Area As a Result of EPA's Attainment Determination?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews

I. Background

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

    Particulate matter with an aerodynamic diameter of less than or 
equal to 10 micrometers (PM10) is the subject of this 
action. The NAAQS are limits for certain ambient air pollutants set by 
EPA to protect public health and welfare. PM10 is among the 
ambient air

[[Page 13022]]

pollutants for which EPA has established a health-based standard.
    PM10 causes adverse health effects by penetrating deep 
into the lungs, 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 PM10 
standard is 150 micrograms per cubic meter [mu]g/m\3\ with no more than 
one expected exceedance per year. The annual primary PM10 
standard is 50 [mu]g/m\3\ as an annual arithmetic mean. The secondary 
PM10 standards, promulgated to protect against adverse 
welfare effects, are identical to the primary standards.

B. What Is the Designation and Classification of This PM10 
Nonattainment Area?

    Upon enactment of the 1990 Clean Air Act Amendments (CAA or 
``Act''), PM10 areas meeting the requirements of either (i) 
or (ii) of section 107(d)(4)(B) of the Act were designated 
nonattainment for PM10 by operation of law and classified 
``moderate.'' These areas included all former Group I PM10 
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 PM10 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 PM10 upon enactment of 
the 1990 Act Amendments, known as ``initial'' PM10 
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).
    The Yuma planning area was listed by EPA as a Group I area (see 52 
FR 29383, August 7, 1987) and was designated nonattainment for 
PM10 by operation of law and classified ``moderate.'' In 
accordance with section 189(a)(2) of the CAA, Arizona was to submit a 
state implementation plan (SIP) by November 15, 1991 demonstrating 
attainment of the PM10 standards by December 31, 1994 for 
the Yuma area.\1\
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    \1\ Arizona submitted a moderate area plan for the Yuma area on 
November 14, 1991; EPA found this plan to be incomplete on May 14, 
1992. Arizona submitted a revised plan for Yuma on July 12, 1994. 
EPA found the revised plan to be complete but has not taken action 
on it.
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C. How Do We Make Attainment Determinations?

    Pursuant to sections 179(c)(1) 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, PM10 
nonattainment areas attained the NAAQS by that date. The ``applicable 
attainment date'' is December 31, 1994 for areas, such as Yuma, that 
were designated as ``moderate'' nonattainment for PM10 by 
operation of law under the 1990 Amended Act. 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 meets 
the PM10 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 stations (NAMS) 
in the nonattainment area and entered into the EPA's Air Quality System 
(AQS) database. Data entered into the AQS 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 and 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 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 PM10 standard is achieved when 
the annual arithmetic mean PM10 concentration over a three-
year period is equal to or less than 50 [mu]g/m\3\. Attainment of the 
24-hour standard is determined by calculating the expected number of 
days in a year with PM10 concentrations greater than 150 
[mu]g/m\3\. The 24-hour standard is attained when the expected number 
of days per year with levels above 150 [mu]g/m\3\ (averaged over a 
three-year period) is less than or equal to one. Three consecutive 
years of air quality data are necessary to show attainment of the 24-
hour and annual standards for PM10. 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, includes all 4 calendar quarters with each 
quarter containing data from at least 75 percent of the scheduled 
sampling days.\2\
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    \2\ However, as explained in more detail in the following 
section of this notice, EPA guidelines allow for data substitution 
only under circumstances where data capture is at least 50 percent 
but less than 75 percent.
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II. What Is the Basis for EPA's Determination That the Yuma 
Nonattainment Area Has Attained the PM10 NAAQS?

    The Yuma PM10 nonattainment area is located in the lower 
Colorado River Valley in the southwestern portion of Yuma County. The 
PM10 nonattainment area consists of 456 square miles, which 
is roughly eight percent of the land area of Yuma County (5,500 square 
miles). Yuma County is located in the southwestern portion of Arizona 
that borders California and Mexico. The cities of Yuma and Somerton are 
the largest population centers in the Yuma PM10 
nonattainment area. The city of Yuma, the county seat, is located below 
the convergence of the Gila and Colorado Rivers on the far western side 
of the PM10 nonattainment area. The city of Somerton is 
located in the southwestern portion of the PM10 
nonattainment area. Agriculture is the primary industry in Yuma County. 
The Arizona Department of Economic Security predicts that Yuma County's 
population is expected to increase by 37.5 percent from 138,025 in 2000 
to 189,783 in 2015.\3\ Approximately one-half of the county's year-
round population resides in the city of Yuma. During the winter, Yuma 
County's population increases significantly due to seasonal residents.
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    \3\ Arizona Department of Economic Security, 2006.
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    The Yuma PM10 nonattainment area has one SLAMS monitor 
operated by the Arizona Department of Environmental Quality (ADEQ). 
This monitor was located at the Yuma County Juvenile Center in the city 
of Yuma from 1988 until the second quarter of 2002, after which time it 
was relocated to the nearby Yuma County Courthouse, which is also 
located in the city of Yuma. ADEQ measures ambient (24-hour-average) 
PM10 concentrations in Yuma at a frequency of once every six 
days.
    Table 1 summarizes the PM10 data collected in Yuma from 
1992-2005 and reported by ADEQ to the AQS database. Table 1 also 
indicates which years had

[[Page 13023]]

four complete quarters of data (including any allowable data 
substitution \4\), making the data from that year eligible for use in 
determining whether the area has attained the PM10 NAAQS, if 
that year is followed by two consecutive years also with four complete 
quarters of data. As shown in Table 1, no exceedances of the 24-hour 
PM10 NAAQS of 150 [mu]g/m\3\ were measured in Yuma during 
the 1992-1994 period and the annual-average PM10 
concentrations measured during that period were well below the 
corresponding standard of 50 Fg/m\3\. However, even with allowable data 
substitution, the data capture for Yuma was not sufficient for the 
1992-1994 period to allow us to make a finding of attainment for the 
applicable attainment date of December 31, 1994.
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    \4\ The regulatory requirement for data capture in 40 CFR part 
50, Appendix K, is 75 percent on a quarterly basis. According to the 
``Guideline on Exceptions to Data Requirements for Determining 
Attainment of Particulate Matter Standards'' (see EPA document 450/
4-87-005, April 1987), when data capture is at least 50 percent but 
less than 75 percent, data may be substituted for the missing data. 
Per the above-referenced guideline, monitoring data from the same 
quarter in any one of the years used to determine attainment may be 
substituted for missing PM10 data. The maximum 
PM10 value that was observed in that quarter over the 
last three years is substituted for missing scheduled sampling days.

                            Table 1.--Summary of 24 Hour and Annual PM10 Concentrations ([mu]g/m\3\) for Yuma, 1992-2005 \1\
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                                                                                                      Year
                                                      --------------------------------------------------------------------------------------------------
                                                        1992   1993   1994   1995   1996   1997   1998   1999   2000    2001   2002   2003   2004   2005
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Highest 24-hour-average..............................     62     65     66     75    103    108    112    100     132    \2\    125    127    114     86
                                                                                                                         150
Annual average.......................................   29.0   33.9   37.3   41.5   52.1   42.4   39.7   36.7     \3\   41.2   51.8   38.1   45.0   30.8
                                                                                                                 54.3
Four complete quarters?..............................    Yes    Yes     No    Yes    Yes     No    Yes    Yes     Yes     No    Yes    Yes    Yes    \4\
                                                                                                                                                     NA
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\1\ The data summary in Table 1 includes substituted data and was analyzed according to the ``Guideline on Exceptions to Data Requirements for
  Determining Attainment of Particulate Matter Standards.'' See footnote 4. The fourth quarter in 1994, the second quarter in 1997, and the first and
  fourth quarters in 2001 were not eligible for data substitution. The incomplete data from these quarters was included in the calculation of the annual
  average for each of these years.
\2\ The highest measured 24-hour-average concentration in 2001 was 150 [mu]g/m\3\, which is equal to the 24-hour PM10 NAAQS, but which is not considered
  an ``exceedance.'' Under EPA regulations, an exceedance of the 24-hour-average standard represents concentrations of 155 [mu]g/m\3\ or greater. See 40
  CFR 50, appendix K.
\3\ Data substitution results in a conservative estimate of the annual average. See footnote 4. For example, the annual average for 2000 of 54.3 [mu]g/
  m\3\ would be reduced to 42.3 [mu]g/m\3\ if data substition was not used. The method of data substitution was used to calculate annual averages for
  1993-1997, 2000-2002, and 2004.
\4\ We have received AQS data from ADEQ through September 30, 2005. States are required to report data to AQS on a rolling basis and have until 90 days
  from the end of a given quarter to submit quality-assured monitoring data into AQS. See 40 CFR 58.28.
NA: Not Applicable.

    Like the 1992-1994 period, the series of three-year periods 
immediately following 1992-1994 also show no exceedances of the 
PM10 NAAQS but an incomplete data set in 1997 prevents us 
from making an attainment finding until 1998-2000, the first three-year 
period after the applicable attainment date with sufficient data 
capture to make an attainment finding consistent with 40 CFR Part 50, 
Appendix K.
    As noted above, the 24-hour PM10 standard is attained 
when the expected number of days per year with levels above 150 [mu]g/
m\3\ (averaged over a three-year period) is less than or equal to one. 
When we apply data substitution per the above-referenced guideline for 
the period 1998-2000, we find no exceedances of the 24-hour 
PM10 NAAQS for the 1998-2000 period and thus the expected 
number of days per year with levels above 150 [mu]g/m\3\ (averaged over 
that three-year period) is zero. As such, pursuant to sections 
179(c)(1) and 188(b)(2) of the Act, we find that Yuma has attained the 
24-hour PM10 NAAQS. Since 2000, there is one year (2001) in 
which four complete quarters of data are not available, but because the 
data from the most recent three-year period (2002-2004) are complete 
and show no exceedances,\5\ and because the latest available 
information for 2005 also reveals no exceedances, we conclude that Yuma 
is currently in attainment of the 24-hour PM10 NAAQS.
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    \5\ On August 18, 2002, ADEQ measured 170 [mu]g/m\3\, 24-hour-
average, at the Yuma monitoring station; however, EPA concurred with 
ADEQ on the exclusion of this data from design value calculations 
due to a high wind event that occurred on that date. ADEQ has 
prepared a Natural Events Action Plan (NEAP) in response to that 
event. The NEAP includes the development and implementation of Best 
Available Control Measures (BACM) for anthropogenic PM10 
sources that contributed to the event.
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    Also as noted above, attainment of the annual PM10 
standard is achieved when the annual arithmetic mean PM10 
concentration over a three-year period is equal to or less than 50 
[mu]g/m\3\. Review of the data for calendar years 1998-2000 reveals an 
arithmetic average of 43.6 [mu]g/m\3\. As such, pursuant to sections 
179(c)(1) and 188(b)(2) of the Act, we find that Yuma has attained the 
annual PM10 NAAQS. As noted previously, the data set for 
year 2001 is not complete, but the data from the most recent complete 
three-year period (2002-2004) show that Yuma is currently in attainment 
of the annual PM10 NAAQS.

III. What Are the Applicable Planning Requirements for the Yuma 
Nonattainment Area as a Result of EPA's Attainment Determination?

    The air quality planning requirements for moderate PM10 
nonattainment areas, such as the Yuma nonattainment area, are set out 
in part D, subparts 1 and 4 of title I of the Act. We have issued 
guidance in a General Preamble \6\ describing how we will review SIPs 
and SIP revisions submitted under title I of the Act, including those 
containing moderate PM10 nonattainment area SIP provisions.
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    \6\ ``General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990'' (57 FR 13498, April 16, 1992, as 
supplemented 57 FR 18070, April 28, 1992).
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    In nonattainment areas where monitored data demonstrates that the 
NAAQS have already been achieved, EPA has determined that certain 
requirements of part D, subparts 1 and 2 of title I of the Act (with 
respect to 1-hour ozone) do not apply. Therefore, we do not require 
certain submissions for an area that has attained the NAAQS. These 
include reasonable further progress (RFP) requirements, attainment 
demonstrations and contingency measures, because these provisions have 
the purpose of helping achieve attainment of the NAAQS.

[[Page 13024]]

    This interpretation of the CAA is known as the Clean Data Policy 
and is the subject of two EPA memoranda. EPA also finalized the 
statutory interpretation set forth in the policy in a final rule, 40 
CFR 51.918, as part of its ``Final Rule to Implement the 8-hour Ozone 
National Ambient Air Quality Standard--Phase 2'' (Phase 2 Final Rule). 
See discussion in the preamble to the rule at 70 FR 71612, 71645-46 
(November 29, 2005). EPA believes that the legal bases set forth in 
detail in our Phase 2 Final Rule, our May 10, 1995 memorandum from John 
S. Seitz, entitled ``Reasonable Further Progress, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment Areas 
Meeting the Ozone National Ambient Air Quality Standard,'' and our 
December 14, 2004 memorandum from Stephen D. Page entitled ``Clean Data 
Policy for the Fine Particle National Ambient Air Quality Standards'' 
are equally pertinent to the interpretation of provisions of subparts 1 
and 4 applicable to PM10. Our interpretation that an area 
that is attaining the standards is relieved of obligations to 
demonstrate RFP and to provide an attainment demonstration and 
contingency measures pursuant to part D of the CAA, pertains whether 
the standard is PM10, ozone or PM2.5.\7\
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    \7\ Three U.S. Circuit Courts of Appeals have upheld EPA 
rulemakings applying its interpretation of subparts 1 and 2 with 
respect to ozone. Sierra Club v. EPA, 99 F.3d 1551 (10th Cir. 1996); 
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our Children's 
Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28, 2005) 
(memorandum opinion).
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    It has been EPA's longstanding interpretation that the general 
provisions of part D, subpart 1 of the Act (sections 171 and 172) do 
not require the submission of SIP revisions concerning RFP for areas 
already attaining the ozone NAAQS because the stated purpose of RFP is 
to ensure attainment by the applicable date. 57 FR at 13564. EPA 
believes the same reasoning applies to the PM10 provisions 
of part D, subpart 4. CAA section 189(c)(1), applicable to 
PM10 nonattainment areas, states that revisions shall 
contain milestones which are to be achieved until the area is 
redesignated to attainment, such milestones are designed to show 
reasonable further progress ``toward attainment by the applicable 
date,'' as defined by section 171. Thus, it is clear that once the area 
has attained the standard, no further milestones are necessary or 
meaningful.
    With respect to the attainment demonstration requirements of 
section 189(a)(1)(B) an analogous rationale leads to the same result. 
CAA section 189(a)(1)(B), requires that the plan provide for ``a 
demonstration (including air quality modeling) that the [SIP] will 
provide for attainment by the applicable attainment date * * *'' As 
with the RFP requirements, if an area is already monitoring attainment 
of the standards, EPA believes there is no need for an area to make a 
further submission containing additional measures to achieve 
attainment. This is also consistent with the interpretation of the 
section 172(c) requirements provided by EPA in the General Preamble (57 
at 13564), the December 14, 2004 memorandum, and the section 182(b) and 
(c) requirements set forth in the May 10, 1995 memorandum.
    Other SIP submission requirements are linked with these attainment 
demonstration and RFP requirements, and similar reasoning applies to 
them. These requirements include the contingency measure requirements 
of section 172(c)(9) and 182(c)(9). We have interpreted the contingency 
measure requirements of section 172(c)(9) and 182(c)(9) as no longer 
applying when an area has attained the standard because those 
``contingency measures are directed at ensuring RFP and attainment by 
the applicable date.'' (57 FR at 13564); May 10, 1995 memorandum at 5-
6.
    Here, as in both our Phase 2 Final Rule and ozone and 
PM2.5 clean data memoranda, we emphasize that the suspension 
of a requirement to submit SIP revisions concerning these RFP, 
attainment demonstration, contingency, and other related requirements 
exists only for as long as a nonattainment area continues to monitor 
attainment of the standard. If such an area experiences a violation of 
the NAAQS, the basis for the requirements being suspended would no 
longer exist. Therefore, should EPA at some future time determine that 
an area that had clean data, but which has not yet been redesignated as 
attainment for a NAAQS, has violated the relevant standard, the State 
would again be required to submit the pertinent CAA requirements for 
the area.
    With respect to the Yuma PM10 nonattainment area, based 
on the finding made herein that Yuma is currently in attainment of the 
PM 10 NAAQS and based on the rationale given above, we have 
determined that the part D, subpart 4 obligations to provide an 
attainment demonstration pursuant to section 189(a)(1)(B), the RFP 
provisions established by section 189(c)(1), and the attainment 
demonstration, RFP and contingency measure provisions of part D, 
subpart 1 contained in section 172 of the Act are not applicable for so 
long as the Yuma area continues to monitor attainment of the 
PM10 NAAQS. If measurements of ambient PM10 
concentrations in the Yuma area reveal a violation of the 
PM10 NAAQS, then the State of Arizona would again be 
required to submit the pertinent CAA requirements for this 
nonattainment area.\8\
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    \8\ Note, however, that on January 17, 2006, EPA published 
proposed revisions to the NAAQS for particulate matter. See http://www.epa.gov/fedrgstr/EPA-AIR/2006/January/Day-17/. The proposed 
revisions address two categories of particulate matter: fine 
particles which are particles 2.5 micrometers in diameter and 
smaller; and ``inhalable coarse'' particles which are particles 
between 2.5 and 10 micrometers (PM10-2.5). Upon 
finalization of a primary 24-hour standard for PM10-2.5, 
EPA proposes to revoke the current 24-hour PM10 standard 
in all areas of the country except in areas where there is at least 
one monitor located in an urbanized area (as defined by the U.S. 
Bureau of the Census) with a minimum population of 100,000 that 
violates the current 24-hour PM10 standard based on the 
most recent three years of data. In addition, EPA proposes to revoke 
the current annual PM10 standard upon finalization of a 
primary 24-hour standard for PM10-2.5.
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IV. EPA's Final Action

    Based on quality-assured data meeting the requirements of 40 CFR 
part 50, appendix K, we find that the Yuma, Arizona nonattainment area 
has attained the PM10 NAAQS. This action is a finding of 
attainment under sections 179(c)(1) and 188(b)(2) of the Clean Air Act 
and not a redesignation to attainment under CAA section 107(d)(3) 
because we have not yet approved a maintenance plan meeting the 
requirements of section 175A of the CAA or determined that the area has 
met the other CAA requirements for redesignation. The classification 
and designation status in 40 CFR part 81 will remain moderate 
nonattainment for this area until such time as Arizona meets the CAA 
requirements for redesignation of the Yuma PM10 area to 
attainment.
    EPA also finds that, because the Yuma ``moderate'' nonattainment 
area is currently in attainment of the PM10 NAAQS, the 
following CAA requirements are not applicable for so long as the area 
continues to attain the PM10 NAAQS: the part D, subpart 4 
obligations to provide an attainment demonstration pursuant to section 
189(a)(1)(B), the RFP provisions established by section 189(c)(1), and 
the attainment demonstration, RFP and contingency measure provisions of 
part D, subpart 1 contained in section 172 of the Act.
    We are publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the proposed rules section

[[Page 13025]]

of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal should adverse comments be 
filed. This action will be effective May 15, 2006, without further 
notice unless the EPA receives relevant adverse comments by April 13, 
2006.
    If we receive such comments, then we will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. We will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on May 15, 2006 and no 
further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    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). This action 
merely makes a determination based on air quality data and does not 
impose any additional requirements. Accordingly, the Administrator 
certifies that this 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 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 (Pub. L. 104-4).
    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 97249, November 9, 2000). This action also does not have federalism 
implications because it does 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 action 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 CAA. 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.
    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.).
    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. 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. A major rule cannot 
take effect until 60 days after it is published 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 15, 2006. 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, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

40 CFR Part 81

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

    Dated: March 1, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 06-2430 Filed 3-13-06; 8:45 am]
BILLING CODE 6560-50-P