Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Arizona

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

[Federal Register: March 21, 2005 (Volume 70, Number 53)]
[Proposed Rules]
[Page 13425-13442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr05-23]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[AZ131-0078; FRL-7887-1]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Arizona

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the Arizona Department of
Environmental Quality's submittals of revisions to the Arizona state
implementation plan that include substitution of the clean fuel fleet
program requirement with the cleaner burning gasoline program, adoption
of the serious area 1-hour ozone plan, and adoption of the 1-hour ozone
maintenance plan for the Phoenix (Arizona) metropolitan 1-hour ozone
nonattainment area. We are also proposing to approve Arizona's request
to redesignate the Phoenix metropolitan 1-hour ozone nonattainment area
from nonattainment to attainment. EPA proposes these actions pursuant
to those provisions of the Clean Air Act that obligate the agency to
take action on submittals of revisions to state implementation plans
and requests for redesignation. In addition, under section 107 of the
Clean Air Act, we are proposing to revise the boundary of the Phoenix
metropolitan 1-hour ozone nonattainment area to exclude the Gila River
Indian Reservation. EPA is proposing this last action consistent with
the Federal trust responsibility to the Tribes and for the purpose of
relieving the Agency or the Gila River Indian Community of the need to
promulgate and implement plans and measures for the Community that are
not needed for attainment or maintenance of the 1-hour or 8-hour ozone
national ambient air quality standard.

[[Page 13426]]

DATES: Written comments must be received at the address below on or
before April 20, 2005.

ADDRESSES: Formal written comments should be mailed or emailed to
Wienke Tax, Office of Air Planning (AIR-2), U.S. Environmental
Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA
94105-3901, tax.wienke@epa.gov. Comments may also be submitted through
the Federal Register Web site at http://www.regulations.gov.
We prefer electronic comments.
You can inspect copies of EPA's Federal Register document at our
Region 9 office during normal business hours (see address above). Due
to increased security, we suggest that you call at least 24 hours prior
to visiting the Regional Office so that we can make arrangements to
have someone meet you. The Federal Register document is also available
as an electronic file on EPA's Region 9 Web page at
http://www.epa.gov/region09/air.
You may inspect and copy the rulemaking docket for this notice at
the following location during business hours.

Environmental Protection Agency, Region 9, Air Division, Air Planning
Office (AIR-2), 75 Hawthorne Street, San Francisco, CA 94105.

Copies of the SIP materials are also available for inspection at
the address listed below:

Arizona Department of Environmental Quality, 1110 W. Washington Street,
First Floor, Phoenix, AZ 85007, Phone: (602) 771-2217.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (520) 622-1622, e-mail:
tax.wienke@epa.gov, or see http://www.epa.gov/region09/air.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' mean U.S. EPA.

Table of Contents

I. Summary of Today's Proposed Action
II. History of 1-Hour Ozone Planning in the Phoenix Metropolitan
Nonattainment Area
III. The CAA's Requirements for Redesignation Requests and
Maintenance Plans
IV. EPA's Review of the MAG 1-Hour Ozone Redesignation Request and
Maintenance Plan's Compliance With the CAA's Requirements for Ozone
Redesignation Requests and Maintenance Plans
A. The Area Must Be Attaining the 1-Hour Ozone NAAQS
1. Adequate Monitoring Network
2. Attainment of the Standard
3. Monitoring Results
B. The Area Must Have a Fully-Approved SIP Under Section 110(k)
C. The Improvement in Air Quality Must Be Due to Permanent and
Enforceable Reductions in Emissions
D. The Area Must Have Met All Applicable Requirements Under
Section 110 and Part D of the CAA
1. Section 110 Requirements
2. Part D: Provisions for Nonattainment Areas
a. Section 172 Requirements
b. Section 176 Requirements
c. Section 182 Requirements
E. The Area Must Have a Fully-Approved Maintenance Plan Meeting
the Requirements of Section 175A
1. Emissions Inventory
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Plan
6. Subsequent Maintenance Plan Revisions
7. Motor Vehicle Emissions Budgets (MVEBs)
8. Conclusion
V. Revision of Boundary of the Phoenix Metropolitan 1-Hour Ozone
Nonattainment Area
A. Background
B. EPA Review of the Community's Request
C. Conclusion and Effect of Revising the Boundary of the Phoenix
Metropolitan 1-Hour Ozone Nonattainment Area
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. Summary of Today's Proposed Action

We are proposing to approve, under sections 182(c)(4)(B) and
110(k)(3) of the Clean Air Act (CAA or ``Act''), the State of Arizona's
1998 request to ``opt-out'' of the clean fuel fleet (CFF) program and
to approve the cleaner burning gasoline (CBG) program as a substitute
measure. We are also proposing to approve, under section 110(k)(3) of
the Act, the State's 2000 submittal of the Final Serious Area Ozone
State Implementation Plan for Maricopa County (``Serious Area Ozone
Plan''), which provides a demonstration of compliance with requirements
under the Clean Air Act (CAA or ``Act'') for the Phoenix metropolitan
``serious'' 1-hour ozone nonattainment area.
We are also proposing to approve, under sections 107(d)(3)(D) and
110(k)(3), the State's 2004 submittal of the One-Hour Ozone
Redesignation Request and Maintenance Plan for the Maricopa County
Nonattainment Area (``Redesignation Request and Maintenance Plan''),
which was developed and adopted by the Maricopa Association of
Governments (MAG) as meeting CAA requirements for redesignation
requests and maintenance plans. EPA is proposing to determine that the
Phoenix metropolitan nonattainment area has fully met the requirements
for redesignation found at section 107(d)(3)(E) of the CAA for
redesignation of an area from nonattainment to attainment for the 1-
hour ozone national ambient air quality standard (NAAQS). However, this
proposal is contingent upon final approval by EPA of three separate
proposed rulemakings involving two Maricopa County rules, a negative
declaration, and a set of permit conditions imposing ``reasonably
available control technology'' on a specific stationary source. As part
of our approval of the maintenance plan, we are proposing to approve
the 2006 and 2015 motor vehicle emissions budgets (MVEBs) for VOC and
NO_X in the submitted maintenance plan for transportation
conformity purposes.
In addition, we are proposing, under section 107(d)(3)(A) of the
Act, to revise the boundary of the Phoenix metropolitan 1-hour ozone
nonattainment area to exclude the Gila River Indian Reservation. This
proposed action would add the Maricopa County portion of the
Reservation to the current ``unclassifiable/attainment'' area within
the State of Arizona for the 1-hour ozone NAAQS. The effect of this
action would be to relieve the Agency and the Community of the need to
develop and implement plans and measures that are not needed for
attainment or maintenance of the 1-hour or 8-hour ozone NAAQS.

II. History of 1-Hour Ozone Planning in the Phoenix Metropolitan
Nonattainment Area

Under section 107(d) of the CAA, as amended in 1977, Maricopa
County was designated as a 1-hour oxidant (later ozone) nonattainment
area in March 1978 (43 FR 8962). Originally, the nonattainment area was
county-wide, but EPA later approved a State request to limit the
nonattainment area to a subregion within Maricopa County that was
defined by the boundaries of the Maricopa Association of Governments'
(MAG) Urban Planning Area. See 44 FR 16388, 16393 (March 19, 1979). We
refer to this area herein as the ``Phoenix metropolitan 1-hour ozone
nonattainment area'' or the ``Phoenix metropolitan nonattainment
area,'' and we note that the boundary of this nonattainment area has
remained defined by reference to the MAG urban planning area from 1979
through the present time. However, we are proposing today to revise the
Phoenix metropolitan 1-hour ozone nonattainment area boundary to
exclude the Gila River Indian Reservation (see Section V of this
proposed rule).
On November 15, 1990, the CAA Amendments of 1990 were enacted.

[[Page 13427]]

Under the Act, as amended in 1990, the Phoenix metropolitan 1-hour
ozone nonattainment area remained nonattainment by operation of law,
and under section 107(d)(4)(A) of the amended Act, the Phoenix
metropolitan nonattainment area was further classified as a
``moderate'' ozone nonattainment area based on ozone monitoring data
during the 1987-1989 period. See 56 FR 56694, 56717 (November 6, 1991).
Because attainment was not achieved by November 15, 1996 (the CAA
attainment date for ``moderate'' ozone nonattainment areas), the
Phoenix metropolitan nonattainment area was reclassified to
``serious,'' effective February 13, 1998, with a new attainment date of
November 15, 1999. See 62 FR 60001 (November 6, 1997) and 63 FR 7290
(February 13, 1998).
In connection with one of the requirements for ``moderate'' ozone
nonattainment areas, the State of Arizona submitted the initial 15
percent Rate of Progress plan (15 percent ROP plan) for the Phoenix
metropolitan nonattainment area via the Maricopa Association of
Governments 1993 Ozone Plan for the Maricopa County Area (November
1993) on November 15, 1993, and an Addendum (March 1994) to that plan
on April 8, 1994. On April 13, 1994, EPA found the initial plan
(including the Addendum) incomplete because it failed to include in
fully adopted and enforceable form all of the measures relied upon in
the 15 percent ROP demonstration. This incompleteness finding started
the 18-month sanction clock in CAA section 179 and the two year clock
under section 110(c) for EPA to promulgate a federal implementation
plan (FIP) covering the 15 percent ROP requirement. Subsequently in
November 1994 and April 1995, Arizona submitted an attainment plan for
the Phoenix metropolitan nonattainment area which updated the 15
percent ROP demonstration. On May 12, 1995, we found the revised 15
percent ROP plan and the attainment plan complete, turning off the
sanctions clock; however, under section 110(c), the FIP clock continued
until EPA approved the 15 percent ROP plan.
In August 1996, EPA was sued by the American Lung Association of
Arizona, ALAA v. Browner, No. CIV 96-1856 PHX ROS (D.Ariz.). This case
sought to enforce EPA's obligation under CAA section 110(c) to
promulgate a FIP for the 15 percent ROP requirement. On July 8, 1997, a
consent decree was filed with the U.S. District Court for the District
of Arizona establishing a schedule of January 20, 1998 for proposing
and May 18, 1998 for promulgating a 15 percent ROP plan. Under the
consent decree, EPA's obligation to promulgate a 15 percent ROP plan
was relieved to the extent that we had approved State measures. EPA
determined in its final rule that the Phoenix metropolitan
nonattainment area had in place or would have in place sufficient
control measures to meet the 15 percent ROP requirement for volatile
organic compounds (VOCs), a precursor emission to ozone, under CAA
section 182(b)(1)(A) as soon as practicable. See 63 FR 28898 (May 27,
1998), as amended at 64 FR 36243 (July 6, 1999).
In February 2000, the State of Arizona requested that EPA make a
finding that the Phoenix metropolitan nonattainment area had attained
the 1-hour ozone NAAQS by the applicable ``serious'' area attainment
date of November 15, 1999 based on 1997-1999 ozone monitoring data. In
May of 2000, we proposed such a finding (see 65 FR 31859, May 19, 2000)
and approximately one year later, we published a final attainment
determination for the 1-hour ozone NAAQS. See 66 FR 29230 (May 30, 2001).
On December 7, 1998, in connection with one of the requirements for
``serious'' ozone nonattainment areas, the State submitted to EPA a SIP
revision opting out of the Clean Fuel Fleet program requirement and
requesting EPA approval of its interim Cleaner Burning Gasoline (CBG)
program as a substitute program. On June 7, 1999, the revision was
found to be complete by operation of law pursuant to EPA's completeness
criteria set forth in 40 CFR part 51, appendix V. In today's notice, we
are proposed to approve this request.
On December 14, 2000, the State submitted the Final Serious Area
Ozone State Implementation Plan for Maricopa County (``Serious Area
Ozone Plan'') to EPA as a revision to the Arizona SIP. This plan was
found to be complete by operation of law on June 14, 2001. Arizona
Department of Environmental Quality (ADEQ) prepared the Serious Area
Ozone Plan, and in doing so, anticipated a positive attainment finding
for the Phoenix metropolitan nonattainment area based on 1997-1999
ozone monitoring data. The Serious Area Ozone Plan includes a complete
emissions inventory for year 1996, and describes the State's compliance
with CAA requirements for ``serious'' ozone nonattainment areas,
including the requirements for enhanced monitoring. In today's notice,
we are proposing to approve the Serious Area Ozone Plan for the Phoenix
metropolitan nonattainment area.
In earlier actions, we have already approved revisions to Arizona's
Cleaner Burning Gasoline (CBG) program (69 FR 10161, March 4, 2004) and
to Arizona's Vehicle Emissions Inspection (VEI) Program (68 FR 2912,
January 22, 2003) as well as many of Maricopa County's VOC RACT rules.
(The Federal Register citations and effective dates for these rules are
listed later in this notice in Table 3.) These programs, as revised,
are the principal State and local controls relied on in the Serious
Area Ozone Plan.
On April 21, 2004, the State submitted the One-Hour Ozone
Redesignation Request and Maintenance Plan for the Maricopa County
Nonattainment Area (Redesignation Request and Maintenance Plan) to EPA
as a revision to the Arizona SIP. This plan was found to be complete by
operation of law on October 21, 2004. The Maricopa Association of
Governments (MAG) prepared the Redesignation Request and Maintenance
Plan, which relies on continuation of the control measures cited above
in connection with the Serious Area Ozone Plan but also includes
additional control measures including coordination of traffic signal
systems, tougher enforcement of vehicle registration and emission test
compliance, development of intelligent transportation systems, and a
new Maricopa County rule governing VOC emissions from aerospace
manufacturing and rework operations. The plan includes contingency
measures to remedy any future violations of the 1-hour ozone NAAQS, and
includes VOC and NO_X MVEBs for 2006 and 2015 for the Phoenix
metropolitan nonattainment area. In today's notice, we are proposing to
approve the Redesignation Request and Maintenance Plan for the Phoenix
metropolitan nonattainment area.
Our proposed approvals of the Serious Area Ozone Plan and the
Redesignation Request and Maintenance Plan are contingent upon final
EPA approval of certain other rulemakings described in more detail
later in this notice. EPA notes that the Phoenix-Mesa metropolitan area
has been designated nonattainment for the 8-hour ozone NAAQS, and is
subject to additional requirements as a result. See 69 FR 23858, 23879
(April 30, 2004). Final approval of this proposal would change the
official designation for the 1-hour ozone NAAQS found at 40 CFR part 81
for the Phoenix metropolitan nonattainment area from nonattainment to
attainment but would not affect the

[[Page 13428]]

8-hour ozone nonattainment area designation for the Phoenix-Mesa area.

III. The CAA's Requirements for Redesignation Requests and Maintenance
Plans

The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation providing that the following conditions are met: (1) The
Administrator determines that the area has attained the applicable
NAAQS; (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k); (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and, (5) the
State containing such area has met all requirements applicable to the
area under section 110 and part D. EPA provided guidance on
redesignations in the General Preamble for the Implementation of Title
I of the CAA Amendments of 1990, on April 16, 1992 (57 FR 13498), and
supplemented this guidance on April 28, 1992 (57 FR 18070).
EPA has provided further guidance on processing redesignation
requests in the following documents:
? ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas'', Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992 (Helms memo 1992a);
? ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations'', Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992 (Helms memo 1992b);
? ``Procedures for Processing Requests to Redesignate Areas
to Attainment'', Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni memo 1992a);
? ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (ACT) Deadlines'', Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992
(Calcagni memo 1992b);
? ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992'', Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993 (Shapiro memo);
? ``Part D New Source Review (part D NSR) Requirements for
Areas Requesting Redesignation to Attainment'', Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994 (Nichols memo); and
? ``Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard'', Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May 10,
1995 (Seitz memo).

IV. EPA's Review of the MAG 1-Hour Ozone Redesignation Request and
Maintenance Plan's Compliance With the CAA's Requirements for Ozone
Redesignation Requests and Maintenance Plans

EPA believes the State of Arizona has demonstrated that the area
meets all of the applicable criteria for redesignation to attainment as
specified in Section 107(d)(3)(E) of the CAA.

A. The Area Must Be Attaining the 1-Hour Ozone NAAQS

Section 107(d)(3)(E)(i) of the CAA states that for an area to be
redesignated to attainment, the Administrator must determine that the
area has attained the applicable NAAQS. In this case, the applicable
NAAQS is the 1-hour ozone NAAQS.
1. Adequate Monitoring Network
The CAA requires States to establish and operate air monitoring
networks to compile data on ambient air quality for all criteria
pollutants. See section 110(a)(2)(B)(i) of the Act. Our regulations in
40 CFR part 58 establish specific regulatory requirements for operating
air quality surveillance networks to measure ambient concentrations of
ozone, including measurement method requirements, network design,
quality assurance procedures, and in the case of large urban areas, the
minimum number of monitoring sites designated as National Air
Monitoring Stations (NAMS).
For this proposed action, we are discussing the adequacy of the
Phoenix metropolitan nonattainment area monitoring network to support
our finding that the Redesignation Request and Maintenance Plan
appropriately evaluates the 1-hour ozone problem in the Phoenix
metropolitan nonattainment area. Reliable ambient data are necessary to
validate the base year air quality modeling which in turn is necessary
to assure a sound maintenance demonstration.
As it existed in the 2000 to 2002 period, the ozone ambient air
monitoring network consisted of four National Air Monitoring Stations
(NAMS), 14 State and Local Air Monitoring Stations (SLAMS), and three
Special Purpose Monitors (SPM) operated by the Maricopa County
Environmental Services Department (MCESD) and the Arizona Department of
Environmental Quality (ADEQ). Figure 2-1 on page 2-6 in the
Redesignation Request and Maintenance Plan lists the names of the sites
and their locations in the Phoenix metropolitan nonattainment area.
Since the 2000-2002 period, the ozone network has changed, e.g.,
certain sites have been discontinued while new sites have been added.
In the 2002-2004 period, the ozone monitoring network consists of 18
monitoring sites, four designated as NAMS, 12 designated as SLAMS, and
two SPMs. These sites all use EPA reference methods, are sited
according to our regulations, meet the applicable monitoring objectives
in our regulations, and are operated according to our regulations. We
therefore find that the monitoring network operated by the MCESD and
ADEQ is adequate to support the technical evaluation of ozone
maintenance in the Redesignation Request and Maintenance Plan.
2. Attainment of the Standard
For ozone, an area may be considered to be attaining the 1-hour
ozone NAAQS if there are no violations, as determined in accordance
with 40 CFR 50.9 and appendix H, based on three complete, consecutive
calendar years of quality-assured ambient monitoring data. A violation
of the 1-hour ozone NAAQS occurs when the estimated number of
exceedances per year averaged over three years is greater than 1.0 at
any monitoring site in the area or its downwind environs, using
conventional rounding techniques.
The calculation of the estimated exceedances takes into account not
only the number of exceedances during a given ozone season, but also
completeness of data, and daily peak ozone concentrations on days in
the ozone season that can be assumed to be less than the level of the
standard. A daily exceedance occurs when the maximum hourly ozone
concentration

[[Page 13429]]

during a given day is greater than or equal to 0.125 parts per million
(ppm), using conventional rounding techniques. Monitoring data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in EPA's Air Quality System (AQS) database.
3. Monitoring Results
MCESD and ADEQ submitted quality-assured ozone monitoring data to
EPA for the 1997 to 1999 ozone monitoring seasons. As noted previously,
we determined that the Phoenix metropolitan 1-hour ozone nonattainment
area had attained the 1-hour ozone NAAQS by the applicable attainment
date. See 66 FR 29230 (May 30, 2001). Since then, the Phoenix
metropolitan nonattainment area has continued to meet the 1-hour ozone
NAAQS, as shown in Table 1.

Table 1.--Average Number of Exceedance Days per Year and Design Values by Monitor in the Phoenix Metropolitan
Ozone Nonattainment Area (2000 to 2004)
----------------------------------------------------------------------------------------------------------------
Average number
Site SITE type of exceedance Site design
days per year value (ppm)
----------------------------------------------------------------------------------------------------------------
Blue Point.................................... NAMS 0 0.110
Central Phoenix............................... NAMS 0 0.098
Fountain Hills................................ NAMS 0 0.106
South Scottsdale.............................. NAMS 0 0.099
Tempe......................................... SPM 0 0.098
Falcon Field.................................. SLAMS 0 0.104
Rio Verde..................................... SLAMS 0 0.101
Dysart**...................................... SLAMS 0 0.085
South Phoenix................................. SLAMS 0 0.091
West Phoenix.................................. SLAMS 0 0.097
Pinnacle Peak................................. SLAMS 0 0.101
North Phoenix................................. SLAMS 0 0.105
Glendale...................................... SLAMS 0 0.099
West Chandler................................. SLAMS 0 0.099
Cave Creek.................................... SPM 0 0.099
Humboldt Mountain............................. SLAMS 0 0.099
JLG Supersite*................................ SLAMS 0 0.086
Palo Verde*................................... SLAMS 0 0.098
----------------------------------------------------------------------------------------------------------------
Sources: AQS Database and MCESD 2003 Network Review.
*ADEQ Site.
**Site only has data from 2003-2004.

Table 1 also provides design values for each monitoring site. The
design value generally represents the 4th highest daily maximum
(hourly) ozone concentration over a given three-year period at a given
site. Design values provide one basis of comparison between different
parts of a given nonattainment area with respect to peak ozone
exposure; as such, the design values are provided herein for
information purposes only. Attainment of the ozone NAAQS relies on the
average number of exceedances per year (the design value is used under
the CAA if an area is found to have missed its attainment deadline and
must be reclassified).
Based on the monitoring data summarized in Table 1, we propose to
determine that the Phoenix metropolitan 1-hour ozone nonattainment area
has attained, and continues to attain, the applicable NAAQS and
therefore meets the related criterion for redesignation under section
107(d)(3)(E)(i) of the Act.

B. The Area Must Have a Fully Approved SIP Under Section 110(k)

EPA fully approved the ozone SIP for the Phoenix metropolitan
nonattainment area that had been required under the CAA, as amended in
1977. See 47 FR 19326 (May 5, 1982) and 40 CFR 52.123(d). With respect
to ozone-related SIP requirements under the CAA, as amended in 1990,
EPA is proposing action in today's notice to approve the Serious Area
Ozone Plan SIP revision for the Phoenix metropolitan serious 1-hour
ozone nonattainment area and thereby fulfill the requirements for a
periodic inventory for 1996 and enhanced monitoring.
CAA requirements for ozone nonattainment areas are cumulative in
that ``serious'' areas must also meet the applicable requirements for
the two lesser classifications: ``marginal'' and ``moderate''. Most of
the applicable requirements for the Phoenix metropolitan 1-hour ozone
nonattainment area, such as the base year 1990 emissions inventory, an
enhanced vehicle inspection and maintenance program and various
Maricopa County RACT rules, have been fully approved under section
110(k) by EPA in previous rulemakings and our final approval of the
Serious Area Ozone Plan will accomplish the same for the 1996 periodic
inventory requirement and the enhanced monitoring requirement.
We recognize that there remain several EPA proposed rules that need
to be finalized before we can finalize our action described herein.
These proposed rules involve Maricopa County (MC) Rule 358, source-
specific RACT for W.R. Meadows, the MC rule establishing the emissions
statements requirement, and a negative declaration. If, and once, we
finalize our approvals of these separate proposed actions and finalize
our proposed approval of the Serious Area Ozone Plan, then we will have
fully approved the applicable implementation plan for the area under
section 110(k) and satisfied the criterion for redesignation under
section 107(d)(3)(E)(ii) of the CAA.

C. The Improvement in Air Quality Must Be Due to Permanent and
Enforceable Reductions in Emissions

The improvement in air quality must be due to permanent and enforceable

[[Page 13430]]

reductions in emissions resulting from implementation of the SIP,
Federal measures, and other State-adopted measures.
EPA believes that the State has demonstrated that the observed air
quality improvements are due to the implementation of permanent and
enforceable emission reductions through the implementation of emission
controls contained in the Arizona SIP and Federal measures. Subsequent
to the 1990 CAA amendments, Arizona implemented a number of emission
controls. The area has complied with all of the emission requirements
for a serious ozone nonattainment area as required by the CAA.
Some of the emission reductions were achieved through the
implementation of the use of low volatility cleaner burning gasoline,
more stringent Tier I motor vehicle emission standards, implementation
of an enhanced vehicle I/M program, controls on area sources, and the
adoption of tighter emissions limits on existing stationary sources.
All of the emission control measures contained in the 15 percent ROP
plan, serious area ozone plan, and redesignation request and
maintenance plan have been fully adopted, have been implemented, and
are enforceable in the Phoenix metropolitan nonattainment area.
Maricopa County has adopted and implemented emission control rules
requiring existing sources of VOC to meet, at minimum, RACT. These
requirements apply to sources in categories covered by CTGs and other
major non-CTG sources.
Table 2 shows the decrease in emissions between 1990 and 1999 due
to permanent and enforceable measures.

Table 2.--990 and 1999 Phoenix Metropolitan Nonattainment Area VOC and NOX Emissions
[Emissions in metric tons per day]
----------------------------------------------------------------------------------------------------------------
1990 1999
Source category ----------------------------------------------------
VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Point Sources.............................................. 25.6 70.9 15.3 16.5
Area Sources............................................... 111.8 7.4 82.6 43.0
On-Road Mobile Sources..................................... 136.2 130.1 106.9 129.8
Nonroad Mobile Sources..................................... 57.9 85.2 78.5 59.3
--------------
Biogenics.................................................. 37.3 ............ 76.7 7.3
Total.................................................. 368.8 293.6 360.0 255.9
----------------------------------------------------------------------------------------------------------------
Note: some columns may not add to 100% due to rounding; on-road mobile sources for 1990 were developed with
EPA's MOBILE5a, whereas 1999 on-road mobile sources were developed using EPA's MOBILE5b.
Sources: 1990 data: 1993 MAG Ozone Plan; 1999 data: MAG 1-Hour Ozone Redesignation Request and Maintenance Plan.

It can be seen that overall, both VOC emissions and NO_X
emissions decreased in the Phoenix metropolitan nonattainment area
between 1990 and 1999. Increases in emissions of VOC in the nonroad
mobile source category and biogenics were offset by larger decreases in
emissions from other source categories. Increases in emissions of
NO_X from area sources were offset by larger decreases in
other source categories. We propose to find that the improvement in
ozone air quality in the Phoenix metropolitan area is due to emissions
reductions from implementation of permanent and enforceable measures
and that the area thereby meets the redesignation criterion under
section 107(d)(3)(E)(iii).

D. The Area Must Have Met All Applicable Requirements Under Section 110
and Part D of the CAA

1. Section 110 Requirements
Although section 110 was amended in 1990, the Maricopa County
portion of the Arizona SIP meets the requirements of amended section
110(a)(2). A number of the requirements did not change in substance,
and, therefore, EPA believes that the pre-amendment EPA-approved SIP
met these requirements. As to those requirements that were amended,
(see 57 FR 27936 and 23939, June 23, 1993), many are duplicative of
other requirements of the Act. EPA has analyzed the SIP and determined
that it is consistent with the requirements of amended section
110(a)(2). The SIP contains enforceable emission limitations, requires
monitoring, compiling and analyzing of ambient air quality data,
requires preconstruction review of new major stationary sources and
major modifications to existing ones, provides for adequate funding,
staff, and associated resources necessary to implement its requirements,
and requires stationary source emission monitoring and reporting.
Specifically, sections 110(a)(2)(A), (C), and (E) concerning plan
enforcement and implementation requirements are addressed in Chapter
Eight, page 8-146 and Chapter 11, page 11-1 of the Revised Serious Area
Carbon Monoxide Plan (``Revised 1999 CO Plan''). EPA approved this plan
in a final rule on March 9, 2005 (see 70 FR 11553). In order to comply
with these CAA sections, a State law was passed in 1992 which provides
an approach for assurances that State and local committed measures will
be adequately implemented (see Arizona Revised Statutes (A.R.S.)
Sections 49-406 I. and J.) A.R.S. Section 49-406 G. (passed by the
Arizona Legislature in 1992) requires that each agency which commits to
implement any control measure contained in the SIP must describe the
commitment in a resolution. The resolution must be adopted by the
appropriate governing body of the agency. State law also requires the
entity to specify the following information in the resolutions: (1) Its
authority for implementing the limitation or measure as provided in
statute, ordinance, or rule; (2) a program for the enforcement of the
limitation or measure; and (3) the level of personnel and funding
allocated to the implementation of the measure.
Chapter 11 of the Revised 1999 CO Plan includes resolutions from
the MAG member agencies and other implementing entities. These
resolutions indicate specific commitments to implement various control
strategies which reduce CO as well as ozone precursor emissions.
Generally, the authorities of the cities and towns to implement the
types of measures that they have committed to in their respective
resolutions are provided under A.R.S. section 9-240 Powers of Common
Council. The general authorities of the County to implement the
measures in the commitments are provided under A.R.S. section 11-251
and A.R.S. section 49-478. Copies of these local and county government
authorities were included in Chapter 11 of the Revised 1999 CO Plan.

[[Page 13431]]

If any State, County, local government, regional agency, or other
entity failed to implement a committed measure, the County would file
an action in Superior Court to have the Court order that the measure be
implemented. Likewise, the Director of ADEQ will backstop the County if
it fails to implement a committed measure or if the County fails to
backstop the local governments and regional agencies (see Appendix C,
Exhibit 2, Revised 1999 CO Plan).
2. Part D: Provisions for Nonattainment Areas
Before an area may be redesignated to attainment, it must have
fulfilled the applicable requirements of part D. Under part D of title
I of the CAA, an area's ozone classification determines the
requirements to which it is subject. Subpart 1 of part D specifies the
basic requirements applicable to all nonattainment areas. Subpart 2 of
part D establishes additional requirements for nonattainment areas
classified under table 1 of section 181(a) of the CAA.
As described in the General Preamble for Implementation of Title I
of the CAA, specific requirements of subpart 2 may override or modify
general provisions in subpart 1 (57 FR 13501, April 16, 1992).
Therefore, in order to be redesignated, the States must meet the
applicable requirements of subpart 1 of part D--specifically sections
172(c) and 176, as well as the applicable requirements of subpart 2 of
part D.
EPA believes that Arizona has met the requirements of subpart 1 of
part D--specifically sections 172(c) and 176, insofar as applicable, as
well as the applicable requirements of subpart 2 of part D of the CAA
for the Phoenix metropolitan 1-hour ozone nonattainment area, as
described below.
a. Section 172 Requirements. This section contains general
requirements for nonattainment area SIPs. A thorough discussion of the
requirements contained in section 172(c) may be found in the General
Preamble for Implementation of title I (57 FR 13498, April 16, 1992).
EPA has interpreted the requirements of sections 172(c)(1) (non-
RACT reasonably available control measures-RACM), 172(c)(2) (reasonable
further progress-RFP), 172(c)(6) (other measures), and 172(c)(9)
(contingency measures) as being irrelevant to a redesignation request
because they only have meaning for an area that is not attaining the
standard. See the General Preamble of April 16, 1992, and the Calcagni
Memorandum. Finally, the State has not sought to exercise the options
that would trigger sections 172(c)(4) (identification of certain
emissions increases) and 172(c)(8) (equivalent techniques). Thus, these
provisions are also not relevant to this redesignation request. The
other plan provisions under section 172(c) are discussed below.
Reasonably Available Control Technology (RACT). Nonattainment plans
must, at a minimum, require the implementation of RACT for stationary
sources. These requirements are discussed below under Section 182
Requirements.
Emissions Inventories. The plan needs to include a comprehensive,
accurate, current inventory of actual emissions from all sources of the
relevant pollutant as determined necessary by the Administrator to
assure that the requirements of part D of the CAA are met. These
requirements are discussed below under Section 182 Requirements.
Permits for New and Modified Major Stationary Sources. For the
section 172(c)(5) New Source Review (NSR) requirements, the CAA
requires all nonattainment areas to meet several requirements regarding
NSR, including provisions to ensure that increased emissions will not
result from any new or modified major stationary sources and a general
offset rule.
We have determined that areas being redesignated from nonattainment
to attainment do not need to comply with the requirement that an NSR
program be approved prior to redesignation provided that the area
demonstrates maintenance of the standard without part D nonattainment
NSR in effect. The rationale for this decision is described in the
Nichols memo.\1\
---------------------------------------------------------------------------

\1\ ``Part D New Source Review (part D NSR) Requirements for
Areas Requesting Redesignation to Attainment'', Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994.
---------------------------------------------------------------------------

The Redesignation Request and Maintenance Plan for the Phoenix
ozone nonattainment area indicates expected additional VOC and
NO_X emissions due to major source growth. Thus, we find that
the maintenance demonstration for the Phoenix metropolitan area does
not rely on nonattainment NSR, and the State need not have a fully-
approved nonattainment NSR program prior to approval of the
redesignation request.
Prevention of Significant Deterioration (PSD) is the replacement
program for NSR, and part of the obligation under PSD is for a new
source to review increment consumption and maintenance of the air
quality standards. The PSD program requires stationary sources to
undergo preconstruction review before facilities are constructed or
modified, and to apply Best Available Control Technology (BACT). This
program will apply to any major source wishing to locate in the Phoenix
metropolitan area once the area is redesignated to attainment.
Effective November 22, 1993, we delegated PSD authority to Maricopa
County via a PSD Delegation Agreement (59 FR 1730, January 12, 1994).
Compliance With Section 110(a)(2). The plan must contain provisions
to meet the requirements of section 110(a)(2) of the CAA (see the
discussion of section 110 requirements above).
b. Section 176 Requirements. Section 176(c) of the CAA requires
States to establish criteria and procedures to ensure that Federally
supported or funded projects conform to the air quality planning goals
in the applicable SIP. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. of the Federal Transit Act
(``transportation conformity''), as well as to all other Federally
supported or funded projects (``general conformity'').
Section 176 further provides that State conformity revisions must
be consistent with Federal conformity regulations that the CAA required
the EPA to promulgate. EPA believes it is reasonable to interpret the
conformity requirements as not applying for purposes of evaluating the
redesignation request under section 107(d). The rationale for this is
based on a combination of two factors. First, the requirement to submit
SIP revisions to comply with the conformity provisions of the CAA
continues to apply to areas after redesignation to attainment, since
such areas would be subject to a section 175A maintenance plan. Second,
the EPA's Federal conformity rules require the performance of
conformity analyses in the absence of Federally approved State rules.
Therefore, because areas are subject to the conformity requirements
regardless of whether they are redesignated to attainment and must
implement conformity under Federal rules if State rules are not yet
approved, EPA believes it is reasonable to view these requirements as
not applying for purposes of evaluating a redesignation request. See
Wall v. EPA, 265 F. 3d 426, 439 (6th Cir. 2001) upholding this
interpretation.
The State of Arizona has fully adopted general conformity
procedures, approved by EPA on April 23, 1999 (64 FR 19916). The State-
adopted transportation conformity procedures are found in A.R.S. Title
18, Chapter 2, Article 14. We have not yet approved transportation
conformity procedures in

[[Page 13432]]

the SIP. For the reasons stated above, EPA believes the approval of
conformity rules into the State's SIP is not a prerequisite for
redesignation. Federal transportation conformity rules continue to apply.
c. Section 182 Requirements. For purposes of this redesignation,
the part D, subpart 2, section 182(a), (b) and (c) requirements for a
nonattainment area apply to the Phoenix metropolitan nonattainment area.
EPA has interpreted the requirements of sections 182(c)(2)
(attainment and RFP demonstrations), 182(c)(5) (transportation
control), and 182(c)(9) (contingency measures) as being irrelevant to a
redesignation request because they only have meaning for an area that
is not attaining the standard. See the General Preamble of April 16,
1992, and the Calcagni Memorandum. The other plan provisions under
section 182 are discussed below.
1990 Base Year Inventory and Periodic Emissions Inventory Updates.
Sections 182(a)(1) and 182(a)(3)(A) of the Act, as amended in 1990,
require States to submit a comprehensive, accurate, current inventory
of actual emissions from all sources in the ozone nonattainment area
and to submit updates of those inventories every three years until
redesignation.
Arizona submitted a complete and accurate 1990 emissions inventory
for VOC and NO_X for the Phoenix metropolitan nonattainment
area as noted in EPA's final approval of the emissions inventory on May
27, 1998 (63 FR 28898). Arizona submitted updated periodic emissions
inventories for 1993, 1996, and 1999. The final 1993 ozone SIP
inventory was submitted to us on November 25, 1996. The 1996 base year
(July-September 1996) ozone inventory was submitted as part of the
Serious Area Ozone Plan, Appendix E.\2\ We are proposing to approve the
1996 ozone inventory submitted as part of the Serious Area Ozone Plan.
The 1999 periodic ozone emissions inventory for the Phoenix
metropolitan nonattainment area was originally submitted to EPA in
August 2002 and then re-submitted to EPA as part of the Redesignation
Request and Maintenance Plan, in Appendix A, Exhibit 1. The Appendix
contains a complete description of the sources and methodologies used
to calculate ozone emissions.
---------------------------------------------------------------------------

\2\ ADEQ held a public hearing for the Serious Area Ozone Plan
on April 26, 2000. ADEQ adopted the Serious Area Ozone Plan on
December 14, 2000 and submitted it to us on the same date. We find
that ADEQ thereby satisfied the requirements for notice and public
hearing on all SIP revisions under section 110(1) of the Act.
---------------------------------------------------------------------------

The 1-Hour Ozone Redesignation Request and Maintenance Plan also
contains a description of the 1998 and 1999 base year inventories, the
interim year 2006, and the maintenance year 2015 ozone precursor
emissions inventories for use in Urban Airshed Model (UAM) simulations.
In MAG's emissions inventories, emissions sources are grouped into
five major categories: Point sources, area sources, nonroad mobile
sources, on-road mobile sources, and biogenic emissions. Point sources
include such categories as industrial, manufacturing, and electric
power generation facilities. Area sources include residential
woodburning, industrial fuel combustion, on-site incineration, and open
burning. Biogenic emissions come from natural vegetation. Nonroad
mobile sources include utility, lawn and garden, construction, farm and
recreational equipment, and aircraft and locomotives. On-road mobile
sources include cars, motorcycles, various sizes of trucks, and buses.
Collectively, these sources contributed a total of 256 metric tons per
day of NO_X and 360 metric tons per day of VOC in 1999.
We propose to approve the 1996 and 1999 periodic emissions
inventories and find that the State has complied with the inventory
requirements of section 182(a)(1) and 182(a)(3)(A). We also propose to
approve the 1998 and 1999 base year inventories, the interim year 2006
inventory, and maintenance year 2015 inventory in connection with the
maintenance demonstration discussed elsewhere in this notice.
Emissions Statement Requirements. Section 182(a)(3)(B) of the Act
requires States to submit a SIP revision requiring owners or operators
of stationary sources of VOC or NO_X to provide the State
with estimates of actual emissions from such sources. Arizona's SIP
includes regulations requiring annual emissions statements from major
sources. Specifically, to comply with this requirement, the State
submitted Maricopa County (MC) Rule 100.503 to EPA on February 4, 1993.
We approved this rule by direct final action published on February 10,
2005. See 70 FR 7038 (February 10, 2005). Assuming no adverse comments
are submitted in connection with this direct final rule, our final rule
published on February 10, 2005 will be effective on April 11, 2005. If
adverse comments are timely submitted, then we will withdraw the direct
final rule and consider those comments prior to taking a final action.
See our proposed rule (70 FR 7069) also published on February 10, 2005.
We will finalize our action on MC Rule 100.503 prior to taking final
action on this proposal.
15 Percent ROP Plan Requirements. Section 182(b)(1) of the CAA
requires the submission of a 15 percent ROP plan. This plan is to
provide for VOC emission reductions in the nonattainment area of at
least 15 percent, from the 1990 baseline emissions levels, by no later
than November 15, 1996. Arizona submitted its initial 15 percent ROP
plan for the Phoenix metropolitan nonattainment area on November 15,
1993 and supplemented it on April 8, 1994. On April 13, 1994, we found
the initial plan incomplete because it failed to include, in fully
adopted and enforceable form, all of the measures relied upon in the 15
percent demonstration. This incompleteness finding started the 18-month
sanctions clock in CAA section 179 and the two-year clock under section
110(c) for EPA to promulgate a FIP covering the 15 percent ROP
requirements. In November 1994 and April 1995, Arizona submitted an
attainment plan for the Phoenix metropolitan nonattainment area which
updated the 15 percent ROP demonstrations.
On May 12, 1995, we found the revised 15 percent plan and the
attainment plan complete, turning off the sanctions clock; however,
under section 110(c), the FIP clock continued until EPA approved the 15
percent plan. In August 1996, we were sued by the American Lung
Association of Arizona and others, American Lung Association of
Arizona, Inc. et al. v. Browner, No. CIV 96 1856, PHX ROS (D. Arizona)
to enforce EPA's obligation under CAA section 110(c) to promulgate a
FIP for the 15 percent ROP requirement. On July 8, 1997, a consent
decree was filed in the case establishing a schedule of January 20,
1998 for proposing and May 18, 1998 for promulgating a 15 percent ROP
plan. Under the consent decree, EPA's obligation to promulgate a 15
percent ROP plan was relieved to the extent that we had approved State
measures. EPA determined in its final rule that the Phoenix
metropolitan nonattainment area had in place or would have in place
sufficient control measures to meet the 15 percent ROP requirement for
volatile organic compounds (VOCs), a precursor emission to ozone, under
CAA section 182(b)(1)(A) as soon as practicable. See 63 FR 28898 (May
27, 1998), as amended at 64 FR 36243 (July 6, 1999).
VOC RACT Requirements. Section 172(c)(1) of the CAA specifies that
SIPs must provide for the implementation of all RACM including all RACT as

[[Page 13433]]

expeditiously as practicable to attain the NAAQS. Sections 182(a)(2)(A)
and 182(b)(2) further provide that, at a minimum, the SIPs must require
the implementation of RACT for two classes of VOC sources. The VOC
source classes are: (a) All sources covered by a Control Techniques
Guideline (CTG) document issued by the Administrator by the date of
attainment of the ozone standard; and (b) all other major non-CTG
stationary sources.
Arizona's redesignation request, submitted on April 21, 2004,
describes how the State of Arizona has met the VOC RACT requirements
under sections 172(c)(1) and 182(b)(2) of the Act for nearly all of the
CTG source categories and VOC major sources either through adoption of
Maricopa County air pollution control regulations or negative
declarations and how the State intends to fulfill the RACT requirement
for the few remaining CTG source categories and VOC major sources. EPA,
through a number of rulemakings, has approved these RACT rules and
negative declarations as revisions to the Arizona SIP as documented in
Table 3.

Table 3.--Maricopa County VOC RACT Rules and SIP Status
------------------------------------------------------------------------
MC Rule(s), SIP Status, and, if
VOC RACT requirement approved, Federal Register
Citation
------------------------------------------------------------------------
Control Techniques Guidelines
------------------------------------------------------------------------
Gasoline Loading Terminals............. MC Rules 350 and 351: MC Rule
350 adopted July 13, 1988,
revised April 6, 1992;
revision approved September 5,
1995 (60 FR 46024). MC Rule
351 adopted February 15, 1995,
approved February 9, 1998 (63
FR 6489).
Gasoline Bulk Plants................... MC Rule 350: adopted July 13,
1988, revised April 6, 1992;
revision approved September 5,
1995 (60 FR 46024).
Service Stations--Stage I.............. MC Rule 353: adopted July 13,
1988, revised April 6, 1992;
approved February 1, 1996 (61
FR 3578).
Fixed Roof Petroleum Tanks............. MC Rule 350: adopted July 13,
1988, revised April 6, 1992;
revision approved September 5,
1995 (60 FR 46024).
Miscellaneous Refinery Sources......... Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Cutback Asphalt........................ MC Rule 340: adopted July 13,
1988, revised June 22, 1992,
revised September 21, 1992;
approved February 1, 1996 (61
FR 3578).
Solvent Metal Cleaning................. MC Rule 331: adopted July 13,
1988, revised June 22, 1992,
revised June 19, 1996, revised
April 21, 2004; approved
February 1, 1996 (61 FR 3578),
approved February 9, 1998 (63
FR 6489), approved December
21, 2004 (69 FR 76417).
Surface Coating of:
Cans............................... MC Rule 336: adopted July 13,
1988, revised September 21,
1992, June 19, 1996, April 7,
1999; approved September 20,
1999 (64 FR 50759).
Metal Coils........................ MC Rule 336: adopted July 13,
1988, revised September 21,
1992, June 19, 1996, April 7,
1999; approved September 20,
1999 (64 FR 50759).
Fabrics............................ MC Rule 336: adopted July 13,
1988, revised September 21,
1992, June 19, 1996, April 7,
1999; approved September 20,
1999 (64 FR 50759).
Paper Products..................... MC Rule 336: adopted July 13,
1988, revised September 21,
1992, June 19, 1996, April 7,
1999; approved September 20,
1999 (64 FR 50759).
Automobile and Light Duty Trucks... Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Metal Furniture.................... MC Rule 336: adopted July 13,
1988, revised September 21,
1992, June 19, 1996, April 7,
1999; approved September 20,
1999 (64 FR 50759).
Magnetic Wire...................... Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Large Appliances................... MC Rule 336: revised September
21, 1992, June 19, 1996, April
7, 1999; approved September
20, 1999 (64 FR 50759).
Leaks from Petroleum Refineries........ Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Miscellaneous Metal Parts Surface MC Rule 336: revised September
Coating. 21, 1992, June 19, 1996, April
7, 1999; approved September
20, 1999 (64 FR 50759).
Surface Coating of Flat Wood Paneling.. Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Synthetic Pharmaceutical Manufacture... Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Rubber Tire Manufacture................ Negative declaration, submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
External Floating Roof Petroleum Tanks. MC Rule 350: adopted July 13,
1988, revised April 6, 1992;
revision approved September 5,
1995 (60 FR 46024).
Graphic Arts........................... MC Rule 337: adopted November
20, 1996, submitted February
26, 1997, approved February 8,
1998 (63 FR 6489).
Perchloroethylene Drycleaning \(a)\.... Perchloroethylene was delisted
as a VOC by EPA (see Footnote
(a)).
Gasoline Truck Leaks and Vapor MC Rule 352: adopted November
Collection. 16, 1992, submitted February
4, 1993, approved September 5,
1995 (60 FR 46024).

[[Page 13434]]

Manufacture of High-Density MC Rule 358: Polystyrene Foam
Polyethylene Polypropylene, and Manufacturing, proposed
Polystyrene Resins. approval was signed by
Regional Administrator for EPA
Region 9 on March 8, 2005.
This proposal is expected to
be published in the Federal
Register by mid-March 2005.
Fugitive Emissions from Synthetic Negative declaration, submitted
Organic Chemical, Polymer, and Resin December 14, 2000, Aapproved
Manufacturing Equipment. August 26, 2002 (67 FR 54741).
Large Petroleum Dry Cleaners........... MC Rule 333: adopted June 19,
1996, submitted February 26,
1997, approved February 9,
1998 (63 FR 6489).
Air Oxidation Processes--Synthetic Negative declaration, submitted
Organic Chemical Manufacturing December 14, 2000, approved
Industries. August 26, 2002 (67 FR 54741).
Equipment Leaks from Natural Gas/ Negative declaration: submitted
Gasoline Processing Plants. December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Synthetic Organic Chemical Negative declaration: submitted
Manufacturing Industries (SOCMI)-- December 14, 2000, approved
Distillation and Reactor Processes. August 26, 2002 (67 FR 54741).
Volatile organic liquid storage........ MC Rule 350: adopted July 13,
1988, revised April 6, 1992;
revision approved September 5,
1995 (60 FR 46024).
SOCMI batch processes.................. Negative declaration: submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Industrial Wastewater.................. Negative declaration: submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Plastic Parts Coating (for business MC Rule 336: adopted July 13,
machines and automobiles). 1988, revised September 21,
1992, June 19, 1996, April 7,
1999, approved September 20,
1999 (64 FR 50759).
Cleaning solvents...................... MC Rule 331: adopted July 13,
1988, revised June 22, 1992,
revised June 19, 1996, revised
April 21, 2004, submitted July
28, 2004; approved February 1,
1996 (61 FR 3578), approved
February 9, 1998 (63 FR 6489),
approved December 21, 2004 (69
FR 76417).
Offset lithography..................... MC Rule 337: adopted November
20, 1996, submitted February
26, 1997, approved February 9,
1998 (63 FR 6489).
Shipbuilding and ship repair coatings.. Negative declaration: submitted
December 14, 2000, approved
August 26, 2002 (67 FR 54741).
Wood Furniture......................... MC Rule 342: adopted November
20, 1996, submitted February
26, 1997, approved February 9,
1998 (63 FR 6489).
Aerospace.............................. MC Rule 348: adopted April 7,
1999, submitted August 4,
1999, approved September 20,
1999 (64 FR 50759).
Architectural and industrial MC Rule 335 adopted July 13,
maintenance (AIM) coatings. 1988, submitted January 4,
1990, approved January 06,
1992 (57 FR 354)
----------------------------------------
Major Sources Subject to RACT
------------------------------------------------------------------------
Fiberglass Boat Manufacturing.......... Negative declaration: submitted
April 21, 2004, approved by
direct final rule on February
10, 2005 (70 FR 7038) if no
adverse comments are received
by March 14, 2005.
Rubber Sports Ball Manufacturing....... MC Rule 334: adopted June 19,
1996, submitted February 26,
1997, approved February 2,
1998 (63 FR 6489).
Metal Casting.......................... MC Rule 341: adopted August 5,
1994, submitted August 16,
1994, approved February 12,
1996 (61 FR 5287).
Commercial Bread Bakeries.............. MC Rule 343: adopted February
15, 1995, submitted August 31,
1995, approved March 17, 1997
(62 FR 12544).
Semiconductor Manufacturing............ MC Rule 338: adopted June 19,
1996, submitted February 26,
1997, approved February 9,
1998 (63 FR 6489).
Vegetable Oil Extraction Processes..... MC Rule 339: adopted November
16, 1992, submitted February
04, 1993, approved February 9,
1998 (63 FR 6489).
Coating Wood Millwork.................. MC Rule 346: adopted November
20, 1996, submitted February
26, 1997, approved February 9,
1998 (63 FR 6489).
Ferrous Sand Casting................... MC Rule 347: adopted March 4,
1998, submitted August 4,
1999, approved June 12, 2000
(65 FR 36788).
Vitamin Manufacturing.................. MC Rule 349: adopted April 7,
1999, submitted August 4,
1999, approved June 8, 2001
(66 FR 30815).
Automotive Windshield Wiper Fluid...... MC Rule 344: adopted April 7,
1999, submitted August 4,
1999, approved November 30,
2001 (66 FR 59699).
Fiberboard for Expansion Joints........ VOC RACT by permit (W.R.
Meadows): proposed approval
was signed by Regional
Administrator for EPA Region 9
on March 3, 2005. This
proposal is expected to be
published in the Federal
Register by mid-March 2005.
------------------------------------------------------------------------
NA = not applicable.
\(a)\ Perchloroethylene was delisted as a VOC effective March 8, 1996
(see 61 FR 4588, February 7, 1996).

[[Page 13435]]

As shown in Table 3, the VOC RACT requirements under sections
172(c)(1), 182(a)(2)(A) and 182(b)(2) have been met for the vast
majority of CTG source categories and major sources either through
establishment of Maricopa County (MC) regulations or by submittal of
negative declarations. At this time, we propose to find that Arizona
has met the RACT requirement for the MAG 1-hour ozone nonattainment
area contingent upon our full final approval of (1) MC Rule 358
(establishes RACT requirements for major VOC sources in the emissions
source category of Polystyrene Foam Manufacturing), (2) W.R. Meadows'
permit conditions (establishes RACT requirements for a specific major
VOC source), and (3) the negative declaration for the one major VOC
source in the emissions source category of Fiberglass Boat
Manufacturing. The Regional Administrator for EPA Region 9 signed rules
in early March 2005 proposing approval of MC Rule 358 and W.R. Meadows'
permit conditions as meeting the RACT requirement for the affected
sources, and these proposals are expected to be published in the
Federal Register in mid-March. EPA approved the negative declaration
for the one major VOC source in the emissions source category of
Fiberglass Boat Manufacturing on February 10, 2005 (70 FR 7038) by
direct final action. If no adverse comments are received on that direct
final action by March 14, 2005, then the approval of the negative
declaration will become effective April 11, 2005, but if such comments
are received then the direct final rule will be withdrawn and EPA will
taken final action after consideration of the comments.
Stage II Vapor Recovery Requirements. Section 182(b)(3) of the CAA
requires States to submit Stage II vapor recovery rules. The Stage II
vapor recovery regulations for the Phoenix metropolitan nonattainment
area were submitted to us on May 27, 1994 by the State. These rules had
been adopted by the Arizona Department of Weights and Measures (ADWM)
on August 27, 1993. We approved the program on November 1, 1994,
effective January 3, 1995 (see 59 FR 54521). Subsequent State
legislation (House Bill (HB) 2001, in 1997) required the ADWM to adopt
rules to enhance enforcement of the program. These rules can be found
at A.R.S. 41-2134. The regulations in the Arizona SIP fully adopt and
implement the Stage II vapor recovery requirements in Arizona.
Vehicle I/M Requirements. Section 182(c)(3) and EPA's final I/M
regulations in 40 CFR part 51, subpart S require States with
``serious'' ozone nonattainment areas to submit a fully adopted
``enhanced'' I/M program. EPA approved revisions to Arizona's enhanced
vehicle I/M program for the Phoenix metropolitan nonattainment area as
part of the Arizona SIP on January 22, 2003 (see 69 FR 2912). ADEQ
implements an enhanced I/M program in Area A, which includes and goes
beyond the Phoenix metropolitan 1-hour ozone nonattainment area. EPA
believes that the Arizona SIP for the Phoenix 1-hour ozone
nonattainment area satisfies all of the Section 182(c)(3) requirements
of the CAA.
Clean Fuel Vehicle Programs. Sections 182(c)(4)(A) of the CAA
requires States to submit a SIP revision for each serious 1-hour
nonattainment area that includes such measures necessary to ensure the
effectiveness of clean-fuel vehicle program prescribed under part C of
title II of the Act. In particular, SIPs for serious ozone
nonattainment areas with 1980 populations of 250,000 or more must
establish a clean-fuel vehicle program for centrally fueled fleets
(referred to herein as the ``clean fuel fleet'' (CFF) program). CAA
section 246. Under the CFF program, a specified percentage of vehicles
purchased by fleet operators for covered fleets shall be clean-fuel
vehicles and shall use clean alternative fuels when operating in the
covered area. Section 182(c)(4)(B) of the Act allows States such as
Arizona to ``opt-out'' of all or a portion of the clean-fuel vehicle
program including the CFF program by submitting for EPA approval a SIP
revision consisting of a program or programs not otherwise required by
the Act that will result in at least equivalent long term reductions in
ozone-producing and toxic air emissions.
On December 7, 1998, Arizona submitted to EPA a SIP revision opting
out of the CFF program. The opt-out SIP requested EPA approval of its
interim Cleaner Burning Gasoline (CBG) program, which EPA had already
approved into the SIP (see 63 FR 6653, February 10, 1998), as a
substitute program.\3\ On June 7, 1999, the revision was found to be
complete by operation of law pursuant to EPA's completeness criteria
set forth in 40 CFR part 51, appendix V. In the 1998 opt-out SIP
submittal, ADEQ had estimated that the CBG program would provide 9
metric tons per day (mtpd) of VOC reductions in 2010 compared to 0.5 to
1.8 mtpd in that same year that would have been achieved by a CFF
program.\4\ ADEQ also estimated that the CBG program would provide 5.0
mtpd of NO_X reductions in 2010 compared to 0.6 to 2.5 mtpd
in that same year that would have been achieved by a CFF program. See
also, Arizona's modeled emission reductions from the four control
programs, the National Low Emission Vehicle (NLEV) program, CBG, Tier 2
and the CFF Program, in 2015 in Metropolitan Phoenix.\5\
---------------------------------------------------------------------------

\3\ EPA has since approved additional revisions to the Arizona
CBG program.
\4\ ADEQ noted that its estimates of the emissions reductions
benefit from a CFF program were likely overstated because the
estimates did not account for the National Low Emission Vehicle
(NLEV) program, which was expected to be implemented in Arizona and
to lead to the availability of lower-emitting (conventional) light
duty vehicles beginning with the 2001 model year.
\5\ EPA promulgated the NLEV program on June 6, 1997 under which
vehicle manufacturers voluntarily agreed to market light duty
gasoline vehicles with emissions substantially lower than Tier 1
vehicles. (62 FR 31193, (June 6, 1997)). On February 10, 2000, EPA
promulgated the Tier 2/gasoline sulfur standards that established
more stringent exhuast emissions standards for light and medium duty
gasoline vehicles. (65 FR 6698, (February 10, 2000)).

Table 4.--Emissions Reductions From Four Control Programs in 2015 in
Metropolitan Phoenix
------------------------------------------------------------------------
Emissions reductions
(tons per day)
Program -------------------------
HC NOX
------------------------------------------------------------------------
Tier 2........................................ 18.3 86.4
CBG........................................... 8.0 5.0
NLEV.......................................... 2.2 3.9
Federal Clean Fuel Fleet...................... 0.5-1.8 0.7-2.5
------------------------------------------------------------------------

The CBG program is not explicitly required by the CAA in the
Phoenix metropolitan ozone nonattainment area. Additionally, the
resulting reductions of ozone-producing emissions from this program
(VOCs and NO_X) meet or exceed the emissions reductions that
would have occurred if the CFF program were implemented. EPA will be
approving only those emissions reductions needed to meet the CFF
program. Finally, because reductions in toxic air emissions are
proportional to the reduction in VOC emissions, any substitute plan
which reduces VOCs will also reduce toxic air emissions in the same
proportion. Therefore, Arizona's substitute plan will meet the CFF
program requirement for air toxics emissions.
Based on the above evaluation, we propose to approve, under section
182(c)(4)(B) of the Act, ADEQ's submittal of the CBG program as a
substitute measure achieving equivalent long-term emissions reductions
of ozone-producing and toxic air pollutants as would have been achieved
by implementation of a CFF program. In

[[Page 13436]]

doing so, we find that the State has provided sufficient documentation
of compliance with the notice and hearing requirements for SIP
revisions under section 110(l) of the Act (see Exhibit 4 of the State's
December 7, 1998 SIP revision submittal).
NO_X Emission Control Requirements. Section 182(f)
establishes NO_X requirements for ozone nonattainment areas
which require the same provisions for major stationary sources of
NO_X as apply to major stationary sources of VOCs. However,
section 182(f) also provides that these requirements do not apply to an
area if the Administrator determines that NO_X reductions
would not contribute to attainment.
For the Phoenix metropolitan ozone nonattainment area, EPA granted
a waiver from the section 182(f) requirements for NO_X. The
basis for the waiver was that Arizona demonstrated using UAM that
additional NO_X emission controls in the Phoenix metropolitan
nonattainment area would not contribute to the attainment of the 1-hour
ozone standard in the area. See 60 FR 19510 (April 19, 1995).
Enhanced Monitoring. As a result of the reclassification of the
Phoenix metropolitan 1-hour ozone nonattainment area to ``serious,''
the area became subject to the CAA section 182(c)(1) requirement that
the area establish and implement a Photochemical Assessment Monitoring
Station (PAMS) network. The Serious Area Ozone Plan describes the steps
that the State has taken to comply with section 182(c)(1) (see page 2-8
of the Serious Area Ozone Plan). In the Serious Area Ozone Plan, ADEQ
indicated that, in 1999, the PAMS network was not yet fully implemented
but that it was being phased-in over a five year period in accordance
with 40 CFR part 58.44 and 40 CFR part 58. We propose to find that the
State has met the requirements for enhanced monitoring under section
182(c)(1).
When EPA finalizes today's proposal for the serious area plan
revision to the Arizona SIP as well as the three separate rulemakings
previously discussed, the Arizona ozone SIP will meet the applicable
requirements of section 110 and part D.

E. The Area Must Have a Fully-Approved Maintenance Plan Meeting the
Requirements of Section 175A

Section 107(d)(3)(E)(iv) of the CAA requires, as a pre-condition to
being redesignated from nonattainment to attainment, that the
Administrator has fully approved a maintenance plan for the area as
meeting the requirements of section 175A of the Act.
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The maintenance plan is a SIP revision that provides for maintenance of
the relevant NAAQS in the area for at least 10 years after
redesignation. The Calcagni memorandum dated September 4, 1992,
provides additional guidance on the required content of a maintenance plan.
A 1-hour ozone maintenance plan should address the following five
areas: The attainment emissions inventory, maintenance demonstration,
monitoring network, verification of continued attainment, and a
contingency plan. The attainment emissions inventory identifies the
emissions level in the area that is sufficient to attain the 1-hour
ozone NAAQS, based on emissions during a three-year period which had no
monitored violations. To demonstrate maintenance of the 1-hour ozone
NAAQS, the results from UAM modeling analyses should not show predicted
1-hour maximum ozone concentrations equivalent to or greater than 0.125
ppm anywhere in the modeling domain for the episode modeled. Provisions
for continued operation of an appropriate air quality monitoring
network are to be included in the maintenance plan. The State must show
how it will track and verify the progress of the maintenance plan.
Finally, the maintenance plan must include a list of potential
contingency measures which ensure prompt correction of any violation of
the 1-hour ozone NAAQS.
1. Emissions Inventory
MAG selected 1999 as the attainment year for purposes of
demonstrating attainment of the 1-hour ozone NAAQS. Modeling episodes
in both 1998 and 1999 were used; therefore, MAG developed modeling
inventories for both of the base years (i.e., 1998 and 1999), as well
as an interim year 2006 and the maintenance year of 2015. These
emissions inventories all include on-road mobile, nonroad mobile,
point, area, and biogenic sources. The 1998 inventory was developed for
a July 16-17 modeling episode, and the 1999 inventory was developed for
an August 23-24 modeling episode. Both base year inventories reflect
control strategies in place at that time. The future year emission
inventories include projected emissions reductions from control
measures that were implemented and enforceable after 1998 and 1999.
Sections III and VI of MAG's Technical Support Document for Ozone
Modeling in Support of the One-Hour Ozone Redesignation Request and
Maintenance Plan for the Phoenix metropolitan Nonattainment Area,
November 2003 (included as Exhibit 2 of Appendix A of the Redesignation
Request and Maintenance Plan) describe the inventories in more
technical detail.
Emissions for point, area, and nonroad mobile sources were
developed for a base year and then projected to 2006 and 2015 using
appropriate growth factors. The growth factors were based on the 2015
population projections approved by the MAG Regional Council in June
1997 and developed from the 1995 Special Census. The 2015 employment
factors by Standard Industrial Classification SIC) code were
extrapolated from projections prepared by the Arizona Department of
Economic Security (DES) in August 1997. Growth factors based on 2000
Census Data were not available at the time the modeling demonstration
was begun. On-road vehicle activity was increased by eight and twelve
percent for 2006 and 2015, respectively, because of expected increases
in population and employment projections for Phoenix metropolitan.
In the 1998 and 1999 base cases, on-road mobile sources contribute
28 to 30 percent of VOC emissions and 51 to 52 percent of
NO_X emissions and represent the largest emissions source
category for both NO_X and VOC. With the implementation of
the measures in the maintenance plan and stricter federal controls on
vehicles and fuels, on-road mobile source NO_X emissions
decrease by about 19 percent between 1999 and 2006, and 58 percent
between 1999 and 2015. On-road mobile source VOC emissions decrease by
32 percent between 1999 and 2006, and 54 percent between 1999 and 2015.
Due to anticipated regional population growth, area sources become
the largest source category for NO_X and VOC emissions in
2015. Area source NO_X emissions increase by 25 percent
between 1999 and 2006, and 56 percent between 1999 and 2015. Area
source VOC emissions increase by 22 percent between 1999 and 2006, and
49 percent between 1999 and 2015.
As a result of expected increases in power plant emissions, point
source NO_X emissions increase from 1999 to 2015. Point
source NO_X emissions increase 48 percent between 1999 and
2006, and 59 percent between 1999 and 2015. Point source VOC emissions
increase by 13 percent between 1999 and 2006, and 32 percent between
1999 and 2015. With the implementation of the federal nonroad vehicle
and engine standards, nonroad mobile NO_X emissions decrease
by about 14 percent between 1999 and 2006. Nonroad

[[Page 13437]]

mobile VOC emissions decrease by about 23 percent between 1999 and
2006, and about 63 percent between 1999 and 2015.
Biogenic emissions are determined by land use type. Residential
land use has a higher emission factor for biogenic VOC than
agricultural land, while the opposite is true for biogenic
NO_X emissions. Since it is anticipated that the residential
land area will continue to increase as the Phoenix metropolitan area
grows, and agricultural land uses will decline, biogenic VOC emissions
are forecast to increase less than 1 percent between 1999 and 2006, and
about 12 percent between 1999 and 2015, while biogenic NO_X
emissions decrease by about 3 percent between 1999 and 2006, and about
15 percent between 1999 and 2015.
By implementing the emissions control measures in the maintenance
plan, total NO_X emissions will decrease by about 5 percent
between 1999 and 2006, and by about 17 percent between 1999 and 2015.
Total VOC emissions will decrease by about 8 percent between 1999 and
2006, and about 14 percent between 1999 and 2015.
2. Maintenance Demonstration
a. Introduction. To demonstrate maintenance of the ozone standard
through a ten-year maintenance period, MAG projected VOC and
NO_X emissions for the Phoenix metropolitan nonattainment
area to 2006 and 2015 and used these emissions estimates in UAM. The
2006 emission estimates were generated to test a midpoint in the ten-
year maintenance period. This interim year 2006 was developed for the
purposes of transportation conformity.
Table 5 summarizes the VOC and NO_X emissions estimates
for the Phoenix metropolitan nonattainment area for 1999, 2006, and 2015.
Comparison of base and future year inventories, as shown in Table
5, indicates an 18-21 percent decrease in NO_X emissions
between the 1998/1999 base case inventories and 2015. VOC emissions
decrease between 9 and 15 percent during this same time period.

Table 5.--Phoenix Metropolitan Nonattainment Area 1999, 2006, and 2015 VOC and NOX Emissions
[Emissions in metric tons per ozone season weekday]
----------------------------------------------------------------------------------------------------------------
1999* 2006 2015
Source category -------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Point Sources............................... 15.3 16.5 17.4 24.5 20.2 26.3
Area Sources................................ 82.6 43.0 101.4 54.1 123.5 67.4
On-Road Mobile Sources...................... 106.9 129.8 71.9 104.8 48.7 53.6
Nonroad Mobile Sources...................... 78.5 59.3 61.0 50.9 28.7 57.2
Biogenics................................... 76.7 7.3 77.2 7.1 85.8 6.2
------------
Total................................... 360.0 255.9 328.9 241.4 306.9 210.7
----------------------------------------------------------------------------------------------------------------
Notes: * Emissions from 1999 are for the Tuesday in August base case modeling day. Data are from pages ES-5, ES-
6, 3-11 and 3-12 of the maintenance plan.

b. Modeling Procedure. In developing the maintenance demonstration,
MAG followed EPA's Guideline for Regulatory Application of the Urban
Airshed Model (EPA-450/4-91-013, July 1991; available at http://
www.epa.gov/scram001/tt25.htm; hereafter ``GRAUAM''). This involves
using UAM, a photochemical grid model, to simulate ozone production
during selected recent ozone episodes. These ``base case'' simulations
incorporate meteorological and emissions data corresponding to the
episode days. Future case ozone simulations are then created using
future emissions, which are estimated using information about control
measures, as well as socioeconomic projections. The goal is to show
that ozone concentrations continue to be below the standard in the
future, so that NAAQS maintenance is demonstrated.
Documentation about the redesignation request's application of UAM
is contained principally in the MAG SIP submittal's Appendix A, Exhibit
2, ``Technical Support Document for Ozone Modeling in Support of the
One-Hour Ozone Redesignation Request and Maintenance Plan for the
Phoenix metropolitan Nonattainment Area'' (hereafter ``MAG TSD'').
Development of the application of UAM followed a protocol, per GRAUAM
(the EPA guideline), which is included in the Appendix I of the MAG
TSD. This protocol describes procedures to be followed in developing
model inputs and in judging model performance, as well as the size of
the modeling domain and the particular ozone episodes to be modeled.
The protocol was reviewed and agreed to by both EPA and ADEQ prior to
submission of the maintenance plan.
c. Model Inputs. The modeling domain used by MAG for the
maintenance modeling demonstration was larger than in earlier UAM
applications for the Phoenix metropolitan area. It was extended to
include some large point sources to the west (and generally upwind) of
the main metropolitan area, and also to the east to include more of the
ozone plume that had been seen in previous simulations as well as urban
areas which are growing rapidly. This expanded domain ensured that all
the relevant source and receptor areas were included in the simulation,
even beyond the nonattainment area itself.
After analysis of 32 high ozone days spread among 21 episodes, two
ozone episodes were chosen for modeling: July 16-17, 1998 and August
23-24, 1999. While there have been no recent NAAQS exceedances, these
episodes have among the highest ozone concentrations observed; their
peak concentrations are 118 ppb and 124 ppb, respectively (the NAAQS is
0.12 ppm, or 120 ppb, but values below 125 ppb are rounded down and not
considered exceedances). These episodes are representative of the two
meteorological ``regimes'' observed for the Phoenix metropolitan
nonattainment area; simulating both ensures that the NAAQS will be
maintained under the various meteorological conditions that can occur
in the Phoenix metropolitan area. Both regimes involve a low pressure
center over southwestern Arizona, with relatively high temperatures and
low wind speeds. But the regime type of the July 1998 episode tends to
have high ozone in the metropolitan center and extending northwest. The
regime type of the August 1999 episode is less common, but has a
different spatial pattern; high ozone tends to occur more to the east.
It also tends to have longer-

[[Page 13438]]

lasting southwesterly winds during the day than the other regime.
Standard procedures were followed in developing the meteorological
and emissions inputs. The Diagnostic Wind Model (DWM) was used for wind
inputs, as it often is with the UAM IV model, and gave reasonable wind
fields. Mixing heights were prepared using MIXEMUP, also a fairly
standard procedure for use with UAM. MIXEMUP inputs were upper air
temperature soundings from Tucson (the only ones available) combined
with Sky Harbor (Phoenix) Airport surface temperatures; also, local
temperature and wind data from monitoring sites were used to generate a
spatially-varying mixing height that better reflected the differing
land uses (and hence heating and mixing characteristics) across the domain.
Emissions inputs were developed using EPA's EPS2.0 for spatially
and temporally allocating area source emissions; MOBILE6 was used for
vehicle emissions, in conjunction with MAG traffic data and the EMME/2
transportation model. Biogenic emissions, which are roughly 20% of
total VOC emissions, were estimated using MAGBEIS2, a localized version
of EPA's Biogenic Emissions Inventory Software (BEIS2) and
incorporating emission factors from EPA's BELD3 database.
d. Model Testing and Performance. A number of sensitivity and
diagnostic tests were carried out to test the effect of alternative
inputs to improve model performance, and to test whether the model
responds in a physically reasonable way to various input changes. This
process helps avoid spurious good performance due to fortuitously
compensating input errors. The test simulations included several
alternative boundary concentrations, zeroing of emissions for various
broad emissions categories, doubling on-road emissions, and reducing
wind speeds by 20 percent. This set of simulations is comparable to the
recommendations in EPA guidelines, and helped elucidate the functioning
of the model.
Model performance statistics for peak error, overall bias, and
overall error were all well within EPA-recommended targets. For
example, the July 1998 predicted peak was 119 ppb, while the peak
observation was 118 ppb. For August 1999, the predicted peak was 125,
while peak observation was 124 ppb. Despite this good agreement, there
appears to be a spatial mismatch between some predictions and
observations for the August 1999 episode. High ozone appears to persist
longer and to be more in the north of the central business district
rather than to the east-northeast as indicated by monitored
observations. The explanation for this discrepancy appears to be that
the wind field used in the model may be shifted slightly relative to
the actual winds, so that the ozone plume was shifted relative to the
monitors. The model still predicts a comparable ozone peak, both in
timing and in concentration, but it just does not happen to be at the
monitor locations. This conclusion is supported by the sensitivity
simulations with reduced wind speed, since the model responded as
expected to this change, and also has a fairly large sensitivity to
this as opposed to other variables.
A second anomaly of the August 1999 episode was a persistent
moderately high ozone level south of the central business district that
was not apparent in the observations and did not seem to match what
would be expected from the wind directions and the location of
emissions. This did not affect the peak prediction of the model at all,
and appeared to be a localized effect that might have been caused by
the proximity of South Mountain, which blocks transport toward the
south and southeast, and by alternation of morning and afternoon slope
flows that cause recirculation of pollutants in the area. Despite these
issues, both episodes meet EPA performance criteria and provide an
acceptable basis for a maintenance demonstration.
e. Maintenance Demonstrated. The maintenance demonstration itself
involves projecting emissions to 2015, including the effect of
controls, using similar procedures as for the base case episodes. The
model is then re-run on the two episodes with the new emissions to test
whether the future controlled emissions are still consistent with NAAQS
attainment. As shown in Tables 3-3 though and 3-6 of the Redesignation
Request and Maintenance Plan (pages 3-9 through 3-12), point and area
source emissions increase over the 1998-2015 period, but this is more
than made up for by emissions decreases in nonroad mobile and on-road
mobile sources. This resulted in predicted ozone peaks decreasing by
2015 from 119 to 116 ppb for the July 1998 episode, and from 125 to 120
for the August 1999 episode. Since these levels are both at or below
124 ppb, maintenance of the 1-hour ozone NAAQS has been demonstrated.
3. Monitoring Network
The Redesignation Request and Maintenance Plan addresses the
requirements for continued operation of an ozone monitoring network.
ADEQ and MCESD have committed to continue the operation of the monitors
in the area in accordance with 40 CFR part 58. See also section IV.A.1
and IV.A.2 of this proposed rule for more detail on Arizona's
monitoring network for the Phoenix metropolitan 1-hour ozone
nonattainment area.
4. Verification of Continued Attainment
ADEQ, MAG, Maricopa County, and the local jurisdictions have the
legal authority to implement and enforce the requirements of the
Redesignation Request and Maintenance Plan. This includes the authority
to adopt, implement, and enforce any subsequent emission control
contingency measures determined to be necessary to correct future ozone
attainment problems. To implement the 1-hour ozone maintenance plan, as
noted above, ADEQ and MCESD will continue to monitor ozone levels in
the Phoenix metropolitan nonattainment area. To track progress on the
Maintenance Plan, Maricopa County has also committed to update the
emissions inventory for the Phoenix metropolitan nonattainment area
every three years for the duration of the maintenance plan with input
and assistance from ADEQ and MAG. The ozone monitoring data and the
updated emissions inventories will be used through the State's
contingency plan to assure maintenance of the 1-hour ozone standard.
5. Contingency Plan
Section 175A(d) of the CAA requires maintenance plans to contain
contingency provisions. EPA guidance on the requirements for the
contingency plan is provided in the September 4, 1992 Calcagni memo
(Calcagni 1992a). As set forth in the Calcagni memo, we interpret
section 175A(d) of the CAA not to require fully adopted measures in the
contingency plan. However, the plan should contain clearly identified
contingency measures to be adopted, a schedule, and a specific time
limit for action by the State. In addition, specific triggers should be
identified which will be used to determine when the contingency
measures need to be implemented. The contingency plan portion of the
State's maintenance plans delineate the State's planned actions in the
event of increasing ozone levels threatening a subsequent violation of
the ozone standard.
MAG followed the August 13, 1993 EPA guidance memorandum entitled
``Early Implementation of Contingency Measures for Ozone and Carbon
Monoxide (CO) Nonattainment Areas''. The contingency plan described in
MAG's maintenance plan contains

[[Page 13439]]

control measures that are expected to be implemented early. MAG's
contingency plan contains three measures, Area A Expansion, Gross
Polluter Option for I/M Program Waivers, and Increased Waiver Repair
Limit Options. Emissions reduction credit for these measures was not
taken in the maintenance demonstration.
MAG defines the trigger for the implementation of the contingency
plan as when the fourth highest daily maximum hourly measurement over
the past three years exceeds 0.120 ppm at any ozone monitor. If this
occurs, additional measures will be considered, which may include the
strengthening of existing contingency measures. When the trigger is
activated, additional control measures will be considered according to
the following schedule: (a) Verification of the monitoring data to be
completed three months after activation of the trigger; (b) applicable
measures to be considered for adoption six months after the date
established in (a); and (c) resulting contingency measure to be
implemented within six to twelve months, depending on the time needed
to implement the measure. The State has also committed to continue to
implement all control measures included in the SIP prior to
redesignation consistent with section 175A(d) of the CAA.
MAG's Redesignation Request and Maintenance Plan adequately
addresses the five basic components which comprise a maintenance plan
(attainment inventory, maintenance demonstration, monitoring network,
verification of continued attainment, and a contingency plan) and,
therefore, satisfies the maintenance plan requirement.
6. Subsequent Maintenance Plan Revisions
Section 175A(b) of the CAA requires States to submit a subsequent
maintenance plan revision eight years after the original redesignation
request and maintenance plan have been approved by EPA. The subsequent
revision is to provide for maintenance of the air quality standard for
an additional 10 years following the first 10-year maintenance period.
As the designated regional air quality planning agency for the Phoenix
metropolitan area, MAG has committed on page 3-18 of the 1-Hour Ozone
Redesignation Request and Maintenance Plan to prepare a revised
maintenance plan eight years after redesignation to attainment.
7. Motor Vehicle Emissions Budgets (MVEBs)
In addition to meeting the criteria for redesignation, as a control
strategy SIP, the maintenance plan must contain MVEBs that, in
conjunction with emissions from all other sources, are consistent with
attainment and maintenance. An MVEB is the total allowable VOC and
NO_X emissions allocated to highway and transit vehicle use
during the maintenance period (highway and transit vehicle use
emissions impacted by transportation plans are projected to 2015 and
tested against the 2015 motor vehicle emissions budget). The rules and
requirements governing transportation conformity require certain
transportation activities to be consistent with the MVEBs contained in
emission control SIPs (40 CFR 93.118). The projected emissions
resulting from the transportation activities must be less than or equal
to the emissions budget levels (40 CFR 93.118(a)). The review of the
transportation plan impacts relative to the emissions budgets occurs
after EPA declares that the emissions budgets meet the adequacy
criteria of the transportation conformity rule under 40 CFR 93.118(e).
The MVEBs for the Phoenix metropolitan nonattainment area were
developed using emission factors generated using EPA's MOBILE6 model.
Arizona developed MVEBs for the maintenance plan years of 2006 and
2015. The MVEBs are for both VOC and NO_X, as precursors to
ozone formation, and were applicable for the Phoenix metropolitan
nonattainment area upon the effective date of the MVEB adequacy finding.
We found the budgets in the Redesignation Request and Maintenance
Plan adequate in a letter to Nancy Wrona, Air Division Director, ADEQ
and Dennis Smith, Executive Director of MAG, dated August 3, 2004. (See
also 69 FR 51079, August 17, 2004.) The adequacy finding on the
maintenance plan budgets was effective as of September 1, 2004.
EPA is proposing to approve the MVEBs included in Arizona's
maintenance plans for conformity purposes. EPA believes that the
submitted MVEBs are consistent with the control measures identified in
the SIP, and that the SIP as a whole demonstrates maintenance with the
1-hour ozone standard. The 2006 and 2015 motor vehicle emission budgets
included in the MAG maintenance plan are summarized in Table 6 below.

Table 6.--Phoenix Metropolitan Nonattainment Area 2006 and 2015 Motor
Vehicle Emission Budgets
[Emissions in metric tons per ozone season summer day]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2006.............................................. 71.9 104.8
2015.............................................. 48.7 53.6
------------------------------------------------------------------------

8. Conclusion
We propose to approve the State's submittal (dated April 21, 2004)
of MAG's Resignation Request and Maintenance Plan as a revision to the
Arizona SIP. In doing so, we find that ADEQ and MAG have provided
sufficient documentation of compliance with the notice and hearing
requirements for SIP revisions under section 110(l) of the Act.\6\
---------------------------------------------------------------------------

\6\ MAG and ADEQ held a joint public hearing for the
Redesignation Request and Maintenance Plan on March 1, 2004. The MAG
Regional Council adopted the Redesignation and Maintenance Plan on
March 25, 2004 and ADEQ adopted the Redesignation Request and
Maintenance Plan on April 21, 2004.
---------------------------------------------------------------------------

V. Revision of Boundary of the Phoenix Metropolitan 1-Hour Ozone
Nonattainment Area

At the request of the Gila River Indian Community and based on the
evaluation provided below, EPA is proposing to change the boundary of
the Phoenix Metropolitan 1-hour ozone nonattainment area to exclude the
Gila River Indian Reservation (``Reservation'').

A. Background

1. Current Area Boundary, Designation, and Classification
Areas of the country were originally designated as attainment,
nonattainment or unclassifiable following enactment of the 1977
Amendments to the CAA. See 43 FR 8962 (March 3, 1978). These
designations were generally based on monitored air quality values
compared to the applicable NAAQS. EPA originally designated all of
Maricopa County as a nonattainment area for the photochemical oxidant
NAAQS. See 43 FR 8962, 8968 (March 3, 1978). The following year, EPA
approved a request by the State of Arizona to reduce the size of this
nonattainment area to include only the Maricopa Association of
Governments (MAG) Urban Planning Area (see 44 FR 16388, March 19,
1979), which included the Phoenix metropolitan area and also the
northern quarter of the Gila River Indian Reservation (most of the
reservation lies

[[Page 13440]]

within Pinal County). We refer to this area in this notice as the
Phoenix metropolitan 1-hour ozone nonattainment area. Also in 1979, we
established a new ozone NAAQS to replace the photochemical oxidant
NAAQS (see 44 FR 8202, February 8, 1979) but retained the designation
of ``nonattainment'' for the new ozone NAAQS for the Phoenix
metropolitan 1-hour nonattainment area.
Under the 1990 Clean Air Act Amendments, the designation of
``nonattainment'' for the Phoenix metropolitan 1-hour ozone
nonattainment area was carried forward by operation of law, and
pursuant to the 1990 amended Act, the Phoenix metropolitan
nonattainment area was further classified as ``moderate''
nonattainment. See 56 FR 56694, 56717 (November 6, 1991). The
nonattainment area boundary remained the same, i.e., the MAG Urban
Planning Area. On November 6, 1997, the MAG 1-hour ozone nonattainment
area was reclassified to serious due to a failure to attain the 1-hour
ozone standard by November 15, 1996. The reclassification was effective
February 13, 1998. See 62 FR 60001 (November 6, 1997) and 63 FR 7290
(February 13, 1998).
Area boundaries and area classifications have been amended over the
years under the applicable CAA provisions, either by request of a
state, by operation of law, or by EPA initiative. For the State of
Arizona, the current area designations and classifications are codified
at 40 CFR 81.303.
2. Gila River Indian Community's Request for a Boundary Change
On March 2, 2005, the Gila River Indian Community (``Community''),
a federally-recognized tribal government,\7\ submitted a request to EPA
to correct the boundary of the Phoenix metropolitan 1-hour ozone
nonattainment area to exclude the Reservation.\8\ The Community's
request included background information and analysis of air quality
data existing at the time of and subsequent to the designation in 1978
as well as the nature of the ozone sources on the Reservation
demonstrated that the Reservation has not had a monitored or predicted
violation of the 1-hour ozone NAAQS since, and that no significant
sources of ozone precursor emissions exist on the Reservation. The
Community's request and supporting documentation are included in the
docket for this proposed action.
---------------------------------------------------------------------------

\7\ See 67 FR 46328, 46329 (July 12, 2002).
\8\ As noted previously, the Phoenix metropolitan 1-hour ozone
nonattainment area includes the portion of the Reservation that lies
within Maricopa County, approximately the northern 25 percent of the
Reservation.
---------------------------------------------------------------------------

B. EPA Review of the Community's Request

1. EPA's Authority to Change Boundaries
The Community requested that EPA act under section 110(k)(6) to
correct the boundary of the Phoenix metropolitan 1-hour ozone
nonattainment area, and while we agree that a revision to the boundary
to exclude the Reservation is warranted, we have decided to redesignate
the boundary of the area under section 107(d)(3)(A) of the Act rather
than to correct the boundary under section 110(k)(6). Under section
107(d)(3)(A), EPA has the authority to revise the boundary of a
nonattainment area on the basis of air quality data, planning and
control considerations, or any other air quality-related considerations
the Administrator deems appropriate.
2. The Gila River Indian Reservation Airshed
The Gila River Indian Reservation consists of approximately 374,000
acres in south central Arizona, south of the Phoenix metropolitan area.
Currently, the MAG 1-hour ozone nonattainment area includes the
northern 92,000 acres of the Reservation. The Reservation is physically
separated from the Phoenix metropolitan area by the Sierra Estrella and
South Mountain Ranges. The Sierra Estrella Mountain Range runs north
and south along the western edge of the Reservation. The South Mountain
Range runs diagonally in a northeasterly direction, between one and
five miles beyond the northern Reservation boundary. These mountain
ranges act as a physical barrier between the two airsheds.
A segment of the northern border of the Reservation adjacent to
Chandler does not have a topographical barrier to air pollution
transport. However, the prevailing winds flow to the northeast, sending
ozone emissions from Chandler away from the Reservation. Along the
northeastern border of the Reservation, the Santan Mountain Range
separates the Reservation from Gilbert and Apache Junction.
The Reservation has a population of approximately 11,250 people,
with a population density of approximately 20 people per square mile.
There are no major population centers within the Reservation. By
comparison, Maricopa County (including vast rural areas west of the
urban area, which are not part of the nonattainment area) has a
population of over 3 million, with a population density of over 230
people per square mile.
3. Ozone and the Reservation
In general, ambient ozone concentrations are caused by on-road and
nonroad mobile emissions sources, area sources, large stationary
sources and biogenic sources that emit VOCs and NO_X. The
level of mobile source emissions, often the largest part of the
inventory in a major metropolitan area, can be generally correlated to
population density and land use patterns. The Community population
density of 20 people per square mile is minor compared to all of
Maricopa County, which has a density of over 230 people per square
mile. Commuting patterns on the Reservation are virtually nonexistent.
Approximately 2,200 cars, trucks and vans commute to work within the
Reservation, compared to 1,250,000 in Maricopa County. There is little
economic integration with commercial development in metropolitan
Phoenix, and the Reservation remains largely rural and agricultural.
The Community plans to expand its agricultural base by investing
millions of dollars in agricultural infrastructure.
There is only one major source of emissions in the Community, an
aluminum extrusion facility. Based on an inventory prepared by the
Community for year 1997 and the fact that sources within the Community
have not changed in any significant way since then, the Community
estimates that total annual emissions of ozone precursor pollutants are
approximately 1,000 tons of VOCs and 1,900 tons of NO_X for
the entire Community. For the purposes of comparison with the other
emissions estimates cited in this notice, total Community emissions are
approximately 2.5 metric tons per day (mtpd) of VOCs and 4.7 mtpd of
NO_X on an annual average basis. In that part of the
Community that is within the Phoenix nonattainment area, the Community
estimates that there are 250 tons of VOC and 490 tons of NO_X
per year (equivalent to 0.6 mtpd of VOC and 1.2 mtpd of
NO_X). Emissions of VOCs from the Community portion of the
nonattainment area represent less than 0.002% and 0.006% of VOC and
NO_X emissions, respectively, of total estimated emissions
generated within the Phoenix metropolitan nonattainment area. Thus,
total emissions from the Community are not sufficient to cause or
contribute to violations of the 1-hour standard or otherwise have a
measurable impact on rest of the Phoenix metropolitan

[[Page 13441]]

nonattainment area. High 1-hour ozone concentrations in the Phoenix
metropolitan nonattainment area are associated almost exclusively with
summertime temperatures and meteorological patterns. During the summer
months, the natural wind patterns in the Salt River Valley are from the
west toward the northeast, causing air pollutants from Phoenix to be
transported away from the Gila River Indian Reservation. Therefore,
there is substantial basis for concluding that the Reservation is an
insignificant generator of ozone emissions.
4. Ozone Planning Issues
Attainment of the 1-hour ozone NAAQS in the Phoenix metropolitan
area was achieved by Arizona through the SIP planning process. It is
important to note that, under the CAA, the State and local air
pollution control agencies do not have authority to administer air
regulatory programs over the Reservation; consequently, the SIP rules
that were applied to the metropolitan area and resulted in attainment
of the NAAQS did not apply to the Reservation. Furthermore, due to the
Reservation's lack of ozone precursor sources, it was never considered
necessary to apply ozone precursor limits to sources on the Reservation.\9\
---------------------------------------------------------------------------

\9\ EPA could have applied VOC or NO_X limits to
sources on the Reservation, as it has authority under CAA 301(d) to
promulgate regulations for Indian country as necessary or
appropriate ``to achieve the appropriate purpose'' of the Act.
---------------------------------------------------------------------------

Just as it was clear that it was not necessary for an attainment
plan to be applicable to the Reservation for the Phoenix metropolitan
nonattainment area to attain the 1-hour ozone NAAQS, it is clear to EPA
that it will not be necessary for a maintenance plan to be applicable
to the Reservation for the Phoenix metropolitan nonattainment area to
maintain attainment of the 1-hour ozone NAAQS.

C. Conclusion and Effect of Revising the Boundary of the Phoenix
Metropolitan 1-Hour Ozone Nonattainment Area

In view of the above considerations, EPA believes that it is
appropriate to exercise discretionary authority under section
107(d)(3)(A) and to propose to revise the boundary of the Phoenix
metropolitan 1-hour ozone nonattainment area to exclude the Gila River
Indian Reservation. Geographical and meteorological factors support the
conclusion that the Reservation is not significantly affected by
emissions generated in the Phoenix metropolitan area nor is the Phoenix
metropolitan area affected by emissions generated within the
Reservation. The effect of this proposed action would be to attach the
Maricopa County portion of the Gila River Indian Reservation to the
pre-existing ``unclassifiable/attainment'' area for the 1-hour ozone
NAAQS that consists of all of those portions of the State of Arizona
(including the rest of the Reservation that lies in Pinal County) that
are not designated as a ``nonattainment'' area or as an ``attainment''
area that is subject to a maintenance plan. Also, this proposed action
would eliminate any remaining obligations to develop plans or measures
to attain and maintain the 1-hour ozone NAAQS or to implement
nonattainment NSR within the Maricopa County portion of the Gila River
Indian Reservation.
We note that this proposed action to revise the boundary of the
Phoenix metropolitan 1-hour ozone nonattainment area to exclude the
Gila River Indian Reservation is consistent with EPA's 2004 rule
establishing an 8-hour ozone nonattainment area for the metropolitan
Phoenix area, i.e., in both instances the Gila River Indian Reservation
is excluded from the ozone nonattainment area. See 69 FR 23858, 23878
(April 30, 2004). Finally, we propose to interpret our proposed action
herein to eliminate the requirement to develop a section 110
maintenance plan that would otherwise have been required for the
Maricopa County portion of the Gila River Indian Reservation because of
its 1-hour NAAQS designation (i.e., nonattainment) at the time when the
8-hour ozone designations final rule was signed by the EPA
Administrator (April 15, 2004). See 69 FR 23951, 23999 (April 30, 2004).

VI. Proposed Action

We are soliciting comments on all aspects of this proposed SIP
rulemaking action. We will consider your comments in deciding our final
action if your comments are received by April 20, 2005.
We are proposing, under the Clean Air Act, to fully approve three
revisions to the Arizona SIP submitted to us by ADEQ and related to the
Phoenix metropolitan nonattainment area for the 1-hour ozone NAAQS.
First, under sections 182(c)(4)(B) and 110(k)(3) of the Clean Air Act
(CAA, or ``the Act''), we are proposing to approve the State of
Arizona's request to ``opt-out'' of the Clean Fuel Fleet (CFF) program
and to approve the Cleaner Burning Gasoline (CBG) program as a
substitute measure. Second, we are proposing to approve, under section
110(k)(3) of the Act, the State's submittal of the Final Serious Area
Ozone State Implementation Plan for Maricopa County as meeting the
applicable requirements for serious 1-hour ozone nonattainment areas.
Third, under sections 107(d)(3)(D) and 110(k)(3), we are proposing to
approve the State's submittal of the One-Hour Ozone Redesignation
Request and Maintenance Plan for the Maricopa County Nonattainment Area
as meeting CAA requirements for redesignation requests and maintenance
plans under sections 107(d)(3)(E) and 175A. However, this proposal is
contingent upon final approval by EPA of three separate proposed
rulemakings involving two Maricopa County rules, a negative
declaration, and a set of permit conditions imposing reasonably
available control technology on a specific stationary source. As part
of our approval of the maintenance plan, we are proposing to approve
the 2006 and 2015 motor vehicle emissions budgets (MVEBs) for VOC and
NO_X in the submitted maintenance plan for transportation
conformity purposes.
In addition, we are proposing, under section 107(d)(3)(A) of the
Act, to revise the boundary of the Phoenix metropolitan 1-hour ozone
nonattainment area to exclude the Gila River Indian Reservation. This
proposed action would add the Maricopa County portion of the
Reservation to the current unclassifiable/attainment area within the
State of Arizona for the 1-hour ozone NAAQS and would relieve the
Agency and Gila River Indian Community from the need to develop plans
and measures that are not necessary to provide for attainment and
maintenance of the 1-hour or 8-hour ozone NAAQS.

VII. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements, reduce the size of a nonattainment area, and redesignate
the area (as modified) to attainment for air quality planning purposes
and imposes no additional requirements beyond those imposed by state
law. Accordingly, the Administrator certifies that this proposed rule
will not have a significant economic impact on a substantial number of
small entities under the

[[Page 13442]]

Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
Under section 5(b) of Executive Order 13175, EPA may not issue a
regulation that has tribal implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by tribal governments, or EPA consults with
tribal officials early in the process of developing the proposed
regulation. Under section 5(c) of Executive Order 13175, EPA may not
issue a regulation that has tribal implications and that preempts
tribal law, unless the Agency consults with tribal officials early in
the process of developing the proposed regulation.
EPA has concluded that this proposed rule may have tribal
implications. EPA's action will revise the boundary of the Phoenix
metropolitan 1-hour ozone nonattainment maintenance area to exclude the
Gila River Indian Reservation. However, it will neither impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law. Thus, the requirements of sections 5(b) and 5(c) of the
Executive Order do not apply to this rule.
Consistent with EPA policy, EPA nonetheless consulted with
representatives of tribal governments early in the process of
developing this proposal to permit them to have meaningful and timely
input into its development. Representatives of tribal governments
approached EPA two years ago and requested that EPA make this boundary
change. We agree with the technical and policy rationale the tribes
provided, and believe that all tribal concerns have been met.
In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA specifically solicits additional comment on this proposed rule from
tribal officials.
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 proposes to approve a state rule
implementing a Federal standard, reduce the size of a nonattainment
area, and redesignate the area (as modified) to attainment for air
quality planning purposes and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed 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.
In reviewing SIP submissions and redesignation requests, EPA's role
is to approve state choices, provided that they meet the criteria of
the Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove a SIP submission or redesignation
request for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission or
redesignation request, to use VCS in place of a SIP submission that
otherwise satisfies the provisions of the Clean Air Act. Thus, 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
proposed 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.).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: March 14, 2005.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. 05-5517 Filed 3-18-05; 8:45 am]
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