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Redesignation of the Yavapai-Apache Reservation to a PSD Class I Area; State of Arizona

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: July 20, 1994]




ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5013-8]
 
Redesignation of the Yavapai-Apache Reservation to a PSD Class I 
Area; State of Arizona

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of public comment period.




SUMMARY: The purpose of this action is to extend the period for 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 must be received on or before August 22, 1994.

ADDRESSES: Written comments should be addressed to: Jessica Gaylord, 
Air and Toxics Division (A-5-1), U.S. Environmental Protection Agency, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    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: Jessica Gaylord, Air and Toxics 
Division (A-5-1), U.S. EPA, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105-3901, (415) 744-1256.

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 is the most protective of the three classifications, with 
the lowest amount of allowable increases in pollutant concentrations. 
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.


    Section 164 of the Act and the federal regulations set forth at 40 
CFR 52.21(g) contain the procedural 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 upon request by the appropriate Indian 
Governing Body. Under section 164(b)(2) and 40 CFR 52.21(g)(5), EPA may 
disapprove a request for redesignation only if it finds, after notice 
and opportunity for hearing, that the redesignation request does not 
meet the procedural requirements of section 164 and 40 CFR 52.21(g).
    On December 17, 1993, the Yavapai-Apache Tribal Council (herein 
referred to as ``the Tribal Council'') submitted to EPA a request to 
redesignate the Yavapai-Apache Reservation from Class II to Class I. 
EPA reviewed this request and determined that it met the procedural 
requirements of Section 164 of the Act and 40 CFR 52.21(g). On April 
18, 1994, EPA published a notice of proposed rulemaking in the Federal 
Register which proposed to approve the request and solicited public 
comment regarding whether the Tribal Council had met the procedural 
requirements. 59 FR 18346. Please refer to this Federal Register notice 
for further information regarding this proposed rulemaking.
    EPA held a public hearing on the request for redesignation on June 
22, 1994. Following the public hearing, a request to extend the public 
comment period was made. By this notice, the public comment period is 
extended to August 22, 1994. The public is invited to comment on 
whether the Tribal Council has met all the procedural requirements of 
section 164 of the Act and 40 CFR 52.21(g). Comments should be 
submitted to the address listed in the ADDRESSES section of this 
document. Public comments received by August 22, 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. Section 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. 
sections 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

    Environmental protection, 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: July 7, 1994.


John Wise,
Acting Regional Administrator.


[FR Doc. 94-17690 Filed 7-19-94; 8:45 am]
BILLING CODE 6560-50-P

 
 

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