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Redesignation of the Yavapai-Apache Reservation to a PSD Class I Area; State of Arizona
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[Federal Register: April 18, 1994]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [FRL-4875-2] Redesignation of the Yavapai-Apache Reservation to a PSD Class I Area; State of Arizona AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking (NPR).
SUMMARY: The purpose of this action is to propose approval and seek public comment on the request by the Yavapai-Apache Tribal Council to redesignate the Yavapai-Apache Reservation (``the Reservation'') in the State of Arizona to Class I under EPA's regulations for prevention of significant deterioration of air quality. The Class I designation will result in lowering the allowable increases in ambient concentrations of particulate matter, sulfur dioxide, and nitrogen dioxide on the Reservation.
DATES: Comments and requests for a public hearing must be received on or before May 18, 1994. ADDRESSES: Written comments should be addressed to: Kelly Fortin, Air and Toxics Division (A-5-1), U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105-3901. Requests for a public hearing shall be in writing to the above address and shall state the nature of the issues proposed to be raised in the hearing. Any hearing will be strictly limited to the subject matter of the proposal. Supporting information used in developing the proposed rule and materials submitted to EPA relevant to the proposed action are available for public inspection and copying at the docket address listed above during normal business hours. A reasonable fee may be charged for copying. FOR FURTHER INFORMATION CONTACT: Kelly Fortin, Air and Toxics Division (A-5-1), USEPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105- 3901, (415) 744-1259. SUPPLEMENTARY INFORMATION: Part C of the Clean Air Act (``the Act'') provides for the prevention of significant deterioration (PSD) of air quality. The intent of this part is to prevent deterioration of existing air quality, particularly in areas considered to be pristine. The Act provides for three basic classifications applicable to all lands of the United States. Associated with each classification are increments which represent the maximum allowable increase in ambient air pollutant concentrations above a baseline concentration. A Class I designation applies to areas of special national or regional value from a natural, scenic, recreational, or historic perspective. The PSD regulations provide special protection for such areas. Class II applies to areas in which pollutant increases accompanying moderate growth would be allowed. Class III applies to those areas in which considerably more air quality deterioration would be considered acceptable.
Under the 1977 amendments to the Act, all areas of the country that met the National ambient air quality standards were initially designated Class II, except for certain international parks, wilderness areas, national memorial parks, national parks, and any other areas previously designated Class I.<SUP>1 Section 164 of the Act allows States and Indian governing bodies to reclassify areas under their jurisdiction to accommodate the social, economic, and environmental needs and desires of the local population. Reservations that have previously been reclassified as Class I areas include the Northern Cheyenne, Fort Peck, and Flathead Reservations in Montana and the Spokane Reservation in Washington.
\1\The 1990 CAA Amendments included provisions to allow the boundaries of existing Federal Class I areas to be expanded, but no new Class I areas were created.
A Class I redesignation will result in lowering the allowable increases in ambient concentrations of particulate matter, sulfur dioxide, and nitrogen dioxide on the Reservation. Only facilities defined by the PSD regulations, 40 CFR 52.21, as major stationary sources or major modifications are required to perform an air quality impact analysis for Class I and Class II areas. These facilities are typically large industrial sources such as refineries and electric utilities.
It is important to note that no new permits and no new substantive requirements are applicable as a result of a redesignation to Class I. The same analyses and control technology requirements apply as if the area was designated as Class II. The difference between the two designations, in this case, is that the maximum increase in ambient concentration of a given pollutant<SUP>2 allowed over a baseline concentration is lower in a Class I area. This affords a Class I area greater protection from the cumulative impacts of many facilities locating in and around the Class I area.
\2\There are currently PSD increments established for nitrogen dioxide, sulfur dioxide, and particulate matter. 40 CFR 52.21(c).
Typically a facility must be upwind of and quite close to a Class I area for it to have a significant impact (greater than 1 microgram per cubic meter). Facilities that are not found to have a significant impact may usually construct without performing a ``full'' (detailed) air quality analysis. Those facilities that may have a significant impact on a Class I area must perform a more detailed air quality analysis and may be required to propose and apply mitigation measures to reduce emissions to a level that will have an insignificant impact on the Class I area. Yavapai-Apache Request for Redesignation On December 17, 1993, the Yavapai-Apache Tribal Council (herein referred to as ``the Tribal Council'') submitted to EPA a proposal to redesignate the Yavapai-Apache Reservation from Class II to Class I. With their request, the Tribal Council submitted an Air Quality Redesignation Plan, documentation of public notification, a record of the public hearing held on October 21, 1993, and comments received by the Tribal Council on the proposed redesignation. The Yavapai-Apache Reservation is located in the Verde Valley of Central Arizona about 90 miles north of Phoenix and 55 miles south of Flagstaff. The Reservation was established by Executive Order in 1871 and is composed of five land parcels, totalling 635 acres, held by the Federal Government as trust lands.
The main parcel, the Middle Verde Reservation, is approximately 458 acres and is located two miles west of Interstate 17. A second parcel, the Camp Verde Reservation, is located approximately five miles southeast of the main parcel, adjacent to the town of Camp Verde, and is forty acres. The Clark Reservation, a parcel of 58.5 acres, is located in Clarkdale, 25 miles northwest of the Middle Verde Reservation. A forth parcel, the Rimrock Reservation, is located in Rimrock about 10 miles east of the main parcel and consists of 3.75 acres. The fifth parcel, approximately 75 acres, is located on Interstate 17 near the entrance to the Montezuma Castle National Monument and is intended for commercial development. Statutory and Regulatory Requirements for Redesignation Section 164 of the Clean Air Act and Federal regulations set forth at 40 CFR 52.21(g) outline the requirements for redesignation of areas under the PSD program. The Act provides that lands within the exterior boundaries of reservations of federally recognized Indian tribes may be redesignated only by the appropriate Indian Governing Body. Under section 164(b)(2) and 40 CFR 52.21(g)(5), EPA may disapprove a redesignation only if it finds, after notice and opportunity for hearing, that the redesignation does not meet the procedural requirements of section 164 or is a mandatory Class I area that may not be redesignated. The latter does not apply to the area proposed for redesignation. In addition, the Indian Governing Body may resubmit the proposal after correcting any deficiencies noted by the Administrator. The procedural requirements for a Class I redesignation by an Indian Governing Body are as follows: (1) At least one public hearing must be conducted in accordance with the requirements set forth at 40 CFR 51.102; (2) other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation must be notified at least 30 days prior to the public hearing; (3) at least 30 days prior to the public hearing, a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation must be prepared and made available for public inspection and be referenced in the public hearing notice; (4) if any Federal lands are included in the redesignation, the redesignating authorities must provide written notice to the appropriate Federal Land Managers and an opportunity to confer and submit written comments and recommendations; (5) the Indian Governing Body must consult with the State(s) in which the Reservation is located and that border the Reservation. Tribal Council Submittal The December 17, 1993 request for redesignation includes evidence that all of the statutory and regulatory requirements for redesignation of the Yavapai-Apache Reservation from Class II to Class I have been met by the Yavapai-Apache Tribal Council. The Yavapai-Apache Tribal Council is the Indian Governing Body for the Yavapai-Apache Reservation, and only lands within the exterior boundaries of the Reservation are proposed for redesignation. Pursuant to 40 CFR 51.102, the Tribal Council conducted a public hearing on October 21, 1993 at the Clarkdale Community Building in Clarkdale, Arizona. Notice of the hearing was provided to the required parties and numerous other public agencies and interested parties, was posted in public locations, and was provided to national and local media. A description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation entitled, ``Yavapai-Apache Tribe Air Quality Redesignation Plan,'' was completed in September 1993, and its availability was announced in the public hearing notices. Evidence that the Tribe consulted with State officials prior to proposing the redesignation is also included in the submittal. Therefore, the documentation submitted by the Tribal Council shows that all statutory and regulatory procedural requirements for redesignation have been met. Summary of Action Since EPA's review has not revealed any procedural deficiencies, the redesignation is hereby proposed for approval. The public is invited to comment on whether the Tribal Council has met all the procedural requirements of section 164 of the Act. Comments should be submitted to the address listed in the front of this document. Public comments received by May 18, 1994 will be considered in the final rulemaking action taken by EPA. Administrative Review The Office of Management and Budget has exempted this rule from the requirements of section 6 of Executive Order 12866. Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises and government entities with jurisdiction over populations of less than 50,000. The proposed action affects only major stationary sources, as defined by 40 CFR 52.21, will not result in any additional requirements for small entities. Therefore, I certify that this action does not have a significant impact on a substantial number of small entities. List of Subjects in 40 CFR Part 52 Air pollution control, Carbon monoxide, Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401-7642. Dated: April 4, 1994.
John Wise, Acting Regional Administrator.
[FR Doc. 94-9293 Filed 4-15-94; 8:45 am] BILLING CODE 6560-50-F