[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44944-44945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12762]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2006-AZ-0388; FRL-8206-3]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; State of Arizona; Finding of
Attainment for Rillito Particulate Matter of 10 Microns or Less (PM10)
Nonattainment Area; Determination Regarding Applicability of Certain
Clean Air Act Requirements; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Rillito moderate PM-10
nonattainment area in Arizona 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) by the
applicable attainment date. In addition, EPA proposes to find that the
Rillito area is currently attaining the PM10 standards, and
based on this latter finding, EPA is proposing to determine that
certain Clean Air Act requirements are not applicable for so long as
the Rillito area continues to attain the PM10 NAAQS. Lastly,
EPA is proposing to correct an error in a previous rulemaking that
involved the classification of PM10 nonattainment areas
within the State of Arizona.
DATES: Any comments on this proposal must arrive by September 7, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2006-AZ-0388 by one of the following methods:
Federal eRulemaking portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: [email protected].
Fax: (415) 947-3579 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Wienke Tax, Office of Air Planning, Environmental
Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street,
San Francisco, California 94105-3901.
Hand Delivery: Wienke Tax, Office of Air Planning,
Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75
Hawthorne Street, San Francisco, California 94105-3901. Such deliveries
are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding
Federal holidays. Special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2006-AZ-0388. EPA's policy is that all comments received 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 information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in http://
[[Page 44945]]
www.regulations.gov or in hard copy at the Office of Air Planning,
Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75
Hawthorne Street, San Francisco, California 94105-3901. EPA requests
that if at all possible, you contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8 a.m. to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (520) 622-1622, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
This proposal addresses the determination that the Rillito moderate
PM10 nonattainment area in Arizona 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) by the applicable attainment date. This proposal also
addresses the determination that, because the Rillito area continues to
attain the PM10 standards, certain attainment demonstration
requirements, along with other related requirements of the CAA, are not
applicable to the Rillito area. Lastly, EPA is proposing to correct an
error in a previous rulemaking that involved the classification of
PM10 nonattainment areas within the State of Arizona.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action to make these determinations because we
believe this action is not controversial. If we receive adverse
comments, however, we will publish a timely withdrawal of the direct
final rule and address the comments in subsequent action based on this
proposed rule. We do not plan to open a second comment period, so
anyone interested in commenting should do so at this time. If we do not
receive comments, no further activity is planned.
For all the reasons explained in the parallel direct final notice,
we propose to determine that the Rillito moderate PM10
nonattainment area in Arizona 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) by the
applicable attainment date. A determination of attainment is not a
redesignation to attainment under CAA section 107(d)(3) because we have
not yet approved a maintenance plan as required under section 175A of
the CAA or determined that the area has met the other CAA requirements
for redesignation.\1\
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\1\ 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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We further propose to determine that, because the Rillito area has
continued to attain the PM10 NAAQS, certain attainment
demonstration requirements, along with other related requirements of
the CAA, are not applicable to the Rillito area. Lastly, EPA is
proposing to correct an error in a previous rulemaking that involved
the classification of PM10 nonattainment areas within the
State of Arizona.
For further information on this proposal and the rationale
underlying our proposed action, please see the direct final action.
Dated: July 26, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E6-12762 Filed 8-7-06; 8:45 am]
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