[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Proposed Rules]
[Pages 14502-14503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5662]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2006-AZ-0558; FRL-8292-7]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; State of Arizona; Boundary
Redesignation; Finding of Attainment for Miami 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 approve the State of Arizona's boundary
redesignation of the Hayden/Miami PM10 nonattainment area
into two separate PM10 nonattainment areas: Hayden and
Miami. EPA is also proposing to find that the Miami PM10
nonattainment area is attaining the PM10 national ambient
air quality standard, and, based on this attainment finding, EPA is
proposing to determine that certain Clean Air Act requirements are not
applicable for so long as the Miami area shows continued attainment of
the standard based on current, publicly available, quality-assured
monitoring data. EPA is taking this action consistent with obligations
under the Clean Air Act to act on State redesignations. Lastly, EPA is
proposing to correct two errors in previous rulemakings that involved
the designations of PM10 areas within the State of Arizona.
DATES: Any comments on this proposal must arrive by April 27, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2006-AZ-0558 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-0558. 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://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 EPA's approval of the State of Arizona's
boundary redesignation of the Hayden/Miami PM10
nonattainment area into two separate PM10 nonattainment
areas: Hayden and Miami. EPA is also proposing to find that the Miami
PM10 nonattainment area is attaining the PM10
national ambient air quality standard, and, based on this attainment
finding, EPA is proposing to determine that certain Clean Air Act
requirements are not applicable for so long as the Miami area shows
continued attainment of the standard based on current, publicly
available, quality-assured monitoring data. EPA is taking this action
consistent with obligations under the Clean Air Act to act on State
redesignations. Lastly, EPA is proposing to correct two errors in
previous rulemakings that involved the designations of PM10
areas within the State of Arizona.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action to take these actions because we believe
that they are 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
[[Page 14503]]
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 set forth in the parallel direct final rule, we
are proposing to approve the State of Arizona's boundary redesignation
of the Hayden/Miami PM10 nonattainment area into two
separate PM10 nonattainment areas: Hayden and Miami, and to
determine that the Miami moderate PM10 nonattainment area in
Arizona is attaining the PM10 national ambient air quality
standard. 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.
Also, for all the reasons set forth in the parallel direct final
rule, we further propose to determine that, because the Miami area is
attaining the PM10 NAAQS, certain attainment demonstration
requirements, along with other related requirements of the CAA, are not
applicable to the Miami area for so long as the area continues to
attain. Lastly, EPA is proposing to correct two errors in previous
rulemakings 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 rule.
Dated: March 20, 2007.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E7-5662 Filed 3-27-07; 8:45 am]
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