Approval and Promulgation of Air Quality Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Arizona; San Manuel Sulfur Dioxide State Implementation Plan and Request for Redesignation to Attainment

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

[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Rules and Regulations]
[Page 3396-3405]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja08-7]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2006-0214; FRL-8514-7]

Approval and Promulgation of Air Quality Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; Arizona; San
Manuel Sulfur Dioxide State Implementation Plan and Request for
Redesignation to Attainment

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action under the Clean Air Act to
approve the Final State Implementation Plan Revision, San Manuel Sulfur
Dioxide Nonattainment Area, March 2007 as a revision to the Arizona
state implementation plan. The Arizona Department of Environmental
Quality developed this plan to maintain the sulfur dioxide national
ambient air quality standards in the San Manuel, Arizona area and to
request redesignation of the area to attainment. The maintenance plan
contains various elements, including contingency provisions that will
be implemented if measured ambient concentrations of sulfur dioxide are
above certain trigger levels. EPA is also approving the State of
Arizona's request for redesignation of the San Manuel area from
nonattainment to attainment for the sulfur dioxide standards.
EPA is taking these actions consistent with provisions in the Clean
Air Act that obligate the Agency to approve or disapprove submittals of
revisions to state implementation plans and requests for redesignation.
The intended effect is to redesignate the San Manuel, Arizona sulfur
dioxide nonattainment area to attainment, and to provide for maintenance
of the standard for the ten-year period following redesignation.

DATES: This rule is effective on March 18, 2008 without further notice,
unless EPA receives adverse comments by February 19, 2008. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0214, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-
line instructions.
2. E-mail: robin.marty@epa.gov.
3. Mail or deliver: Marty Robin (Air-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through the http://www.regulations.gov or e-
mail. http://www.regulations.gov is an ``anonymous access'' system, and EPA
will not know your identity or contact information unless you provide
it in the body of your comment. If you send e-mail directly to EPA,
your e-mail address will be automatically captured and included as part
of the public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Marty Robin, Air Planning Office,
(415) 972-3961 or by e-mail at robin.marty@epa.gov.

SUPPLEMENTARY INFORMATION: Elsewhere in this Federal Register, we are
proposing approval and soliciting written comment on this action.
Throughout this document, the words ``we,'' ``us,'' or ``our'' mean
U.S. EPA.

Table of Contents

I. Summary of Today's Direct Final Action
II. Introduction
A. The SO₂ NAAQS
B. State Implementation Plans (SIPs)
C. History of SO₂ Planning in Arizona
1. Development of the SO₂ SIP
2. San Manuel SO₂ Nonattainment Area
D. Sources of SO₂ Emissions in the San Manuel Area
III. CAA Requirements for Redesignation Requests and Maintenance Plans
IV. EPA's Evaluation of the Redesignation Request and Maintenance
Plan for the San Manuel, Arizona SO₂ Nonattainment Area
A. The Area Must Be Attaining the SO₂ NAAQS
B. The Area's Applicable Implementation Plan Must Be Fully
Approved 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
1. Section 110 Requirements
2. Part D Requirements
E. The Area Must Have a Fully Approved Maintenance Plan
1. Attainment Emissions Inventory
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Plan
6. Subsequent Maintenance Plan Revisions
7. Conclusion
V. Public Comment and EPA's Final Action
VI. Statutory and Executive Order Reviews

I. Summary of Today's Direct Final Action

On June 7, 2007, the Arizona Department of Environmental Quality
(``ADEQ'' or ``State'') submitted to EPA Region IX its Final Arizona
State Implementation Plan Revision, San

[[Page 3397]]

Manuel Sulfur Dioxide Nonattainment Area, March 2007 and its request
for redesignation to attainment (``San Manuel SO₂
Maintenance Plan'' or ``submittal''). The submittal summarizes the
progress the State has made in attaining the 24-hour and annual average
sulfur dioxide (SO₂) national ambient air quality standards
(NAAQS) in the San Manuel nonattainment area in Pima and Pinal
Counties, Arizona (``San Manuel area'') and includes a plan to assure
continued attainment of the SO₂ NAAQS for at least the next
10 years. The State's June 2007 submittal also requested the withdrawal
of the June 2002 Final San Manuel Sulfur Dioxide Nonattainment Area
State Implementation and Maintenance Plan. The June 2007 submittal
updated the SIP to account for the closure of the dominant source of
SO₂ emissions, the BHP Billiton copper smelter. The March
2007 SIP revision contains current information and analyses which
supercede the obsolete information in the June 2002 SIP.
In today's direct final action, we are approving ADEQ's June 7,
2007 submittal as a revision to the Arizona SIP and redesignating the
San Manuel area from nonattainment to attainment for the SO₂
NAAQS because we find that the San Manuel SO₂ Maintenance
Plan meets the requirements for maintenance plans under section 175A of
the Clean Air Act (CAA) and that the San Manuel area qualifies for
redesignation under CAA section 107(d)(3)(E).

II. Introduction

The following section discusses the NAAQS for SO₂, CAA
requirements for state implementation plans, SO₂ planning in
Arizona generally and in the San Manuel area more specifically, and
sources of emissions in the San Manuel area.

A. The SO₂ NAAQS

The NAAQS for SO₂ consists of three standards: two
primary standards for the protection of public health and a secondary
standard for protection of public welfare. The primary SO₂
standards address 24-hour average and annual average ambient SO₂
concentrations. The secondary standard addresses 3-hour average ambient
SO₂ concentrations. The level of the annual SO₂
standard is 0.030 parts per million (ppm), which is equivalent to 80
micrograms per cubic meter (&mu;g/m\3\), not to be exceeded in a
calendar year. The level of the 24-hour standard is 0.14 ppm (365
&mu;g/m\3\), not to be exceeded more than once per calendar year. The
level of the secondary SO₂ standard is a 3-hour standard of
0.5 ppm (1,300 &mu;g/m\3\), not to be exceeded more than once per
calendar year. See 40 CFR 50.2-50.5.

B. State Implementation Plans (SIPs)

The CAA requires states to implement, maintain, and enforce ambient
air quality equal to or better than the NAAQS. A state's strategies for
implementing, maintaining, and enforcing the NAAQS are submitted to EPA
for approval, and, once approved, become part of the State
Implementation Plan (or SIP) for that State. SIPs are compilations of
regulatory and non-regulatory elements adopted, submitted, and approved
at different times to address various types of changes in
circumstances, such as new or revised NAAQS or amendments to the CAA.
SIPs include, among other things, the following: (1) An inventory of
emission sources; (2) statutes and regulations adopted by the state
legislature and executive agencies; (3) air quality analyses that
include demonstrations that adequate controls are in place to meet the
NAAQS; and (4) contingency measures to be undertaken if an area fails
to attain the standard or make reasonable progress toward attainment by
the required date. The state must make proposed changes to the SIP
available for public review and comment through a public hearing, and
must formally adopt the changes before submitting them to EPA for
approval. Upon our approval, a SIP revision becomes federally enforceable.

C. History of SO₂ Planning in Arizona

1. Development of the SO₂ SIP
In the early 1970s, soon after the CAA Amendments of 1970 were
passed, Arizona began developing air quality regulations that applied
to all Arizona primary copper smelters, including the one operating at
that time in San Manuel. These regulations focused on establishing an
air quality monitoring network in the areas surrounding the smelters
and determining the allowable emission rates from the smelters so that
the SO₂ NAAQS could be attained and maintained. Arizona
submitted various SIP revisions during the 1970s to establish
approvable emission limits for the primary copper smelters operating in
the state. On September 20, 1979, the State submitted its SIP revision
to EPA which contained its multi-point rollback (MPR) technique to
establish operating limitations on smelters. After EPA's proposed
conditional approval on November 30, 1981 (46 FR 58098), Arizona made
necessary changes which corrected identified deficiencies. EPA granted
full approval of the MPR-based SIP submittal on January 14, 1983 (48 FR
1717), but was not able to grant full approval to the SO₂
SIPs for six smelter areas (including San Manuel) because they lacked a
strategy for addressing fugitive sources of SO₂.\1\
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\1\ ``Fugitive'' in this context refers to emissions that could
not reasonably pass through a stack, chimney, vent or a functionally
equivalent opening.
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On November 1, 2004, EPA approved several revisions to the SO₂
SIP, including fugitive emissions standards, site-specific
requirements, and compliance and monitoring for existing primary copper
smelters. See 69 FR 63321. In that same notice, EPA promulgated a
limited approval/limited disapproval of Arizona Administrative Code
(AAC) R18-2-Appendix 8, which sets out procedures for calculating
sulfur emissions using a sulfur balance method. ADEQ subsequently
corrected the identified deficiencies and EPA approved the new version
of R18-2-Appendix 8 as a SIP revision on April 12, 2006, effective June
12, 2006. See 71 FR 18624.
2. San Manuel SO₂ Nonattainment Area
Initially, the air quality planning area we refer to as the San
Manuel SO₂ nonattainment area comprised all of Pima and
Pinal Counties (43 FR 8969; March 3, 1978) but at the request of the
State of Arizona, the boundaries were subsequently reduced to eleven
townships around the primary copper smelter located near San Manuel (44
FR 21261, April 10, 1979). In addition, four adjacent townships were
designated as unclassified.\2\ All but one of the townships that define
the nonattainment area are located in southeastern Pinal County, with
the remaining southernmost township located in neighboring Pima County.
The current boundaries of the nonattainment and unclassified areas are
codified at 40 CFR 81.303 and are defined as follows: ``Does Not Meet
Primary Standards'': T8S, R16E; T8S, R17E; T8S, R18E; T9S, R15E; T9S,
R16E; T9S, R17E; T9S, R18E; T10S, R15E; T10S, R16E; T10S, R17E; T11S,
R16E, and ``Cannot Be Classified'': T10S, R18E; T11S, R17E; T12S, R16E;
T12S, R17E.
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\2\ Following the enactment of the 1990 CAA Amendments, the San
Manuel area was classified by operation of law as nonattainment for
the primary SO₂ standards, effective on November 15, 1990.
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In June of 2002, ADEQ submitted the Final San Manuel Sulfur Dioxide
Nonattainment Area State Implementation and Maintenance Plan and
redesignation request. Since then, the San Manuel copper smelter, the

[[Page 3398]]

dominant source of emissions in the area, has permanently ceased
operation. In January 2005, BHP Copper Inc. (BHP Billiton) notified
ADEQ that the company intended to permanently cease operating the San
Manuel smelter. As indicated in Appendix B of the current SIP
submittal, in March 2005, ADEQ terminated the permit for the facility.
The smelter stacks were dismantled in January 2007. The smelting
facility cannot reopen without submitting New Source Review (NSR) and
Title V (Part 70) permit applications to ADEQ.

D. Sources of SO₂ Emissions in the San Manuel Area

Emissions inventories for the San Manuel Nonattainment Area
demonstrate that, although there were other sources of SO₂
emissions, the primary source of SO₂ emissions in the San
Manuel area while it was operating was the San Manuel smelter, which
comprised more than 99.5 percent of total SO₂ emissions in
the nonattainment area. Data show that no other point, area, or mobile
sources have contributed in the past or currently contribute to the
same levels of SO₂ emissions in the San Manuel Nonattainment
Area as those attributed to the smelter. Figure 4.1 on page 30 of the
SIP illustrates sulfur dioxide emissions levels for the San Manuel
smelter from 1972 through 2005. Implementation of new emissions control
technologies at the smelter in the mid 1970s and again in the late
1980s are clearly reflected in the resulting emissions reductions for
these periods. Closure of the smelter reduced emissions by more than
10,000 tons of SO₂ per year.

III. CAA Requirements for Redesignation Requests and Maintenance Plans

Arizona has requested that we redesignate the San Manuel SO₂
nonattainment area to attainment. Any redesignation from nonattainment
to attainment requires EPA to determine whether the requirements of CAA
section 107(d)(3)(E) have been met. These criteria are: (1) At the time
of the redesignation, we must find that the area has attained the
relevant NAAQS; (2) the state must have a fully approved SIP for the
area; (3) we must determine that the improvements in air quality are
due to permanent and enforceable reductions in emissions resulting from
implementation of the SIP and applicable federal regulations and other
permanent and enforceable reductions; (4) the state must have met all
the nonattainment area requirements applicable to the area; and (5) we
must have fully approved a maintenance plan for the area under CAA
section 175A.
To evaluate the State's redesignation request for the San Manuel
area, we relied upon the Clean Air Act, particularly section 110 and
part D (of title I), EPA's NAAQS and SIP regulations in 40 CFR parts 50
and 51, and guidance set forth in ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57
FR 13498, April 16, 1992), and in the following EPA guidance documents:
``Procedures for Processing Requests To Redesignate Areas to
Attainment,'' dated September 4, 1992, from John Calcagni, (``Calcagni
Memo''), ``Attainment Determination Policy for Sulfur Dioxide
Nonattainment Areas,'' dated January 26, 1995, from Sally L. Shaver,
(``Shaver Memo''), and ``Part D New Source Review (part D NSR)
Requirements for Areas Requesting Redesignation to Attainment,'' dated
October 14, 1994, from Mary D. Nichols (``Nichols Memo'').

IV. EPA's Evaluation of the Redesignation Request and Maintenance Plan
for the San Manuel, Arizona SO₂ Nonattainment Area

A. The Area Must Be Attaining the SO₂ NAAQS

Under CAA section 107(d)(3)(E)(i), in order for an area to be
redesignated, we must determine that the area has attained the
applicable NAAQS. The air quality data should be representative of the
area of highest concentration and should be measured by monitors that
remain at the same location for the duration of the monitoring period
required for demonstrating attainment. The data should be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's
Air Quality System database (AQS) to be available for public review.
Under 40 CFR part 58, States certify data that is entered into AQS on
an annual basis.
For the purposes of determining whether an area has attained the
SO₂ NAAQS, we require no fewer than two consecutive years of
clean data (i.e., no violations) as recorded in AQS. In addition, to
qualify for attainment determination purposes, the annual average and
second-highest 24-hour average concentrations must be based upon hourly
data that are at least 75 percent complete in each calendar quarter.
See 40 CFR 50.4.
The State of Arizona began ambient SO₂ monitoring in the
San Manuel area as early as 1969. \3\ Over time, an extensive
monitoring network was developed with more than eighteen stationary and
mobile monitoring sites. This ambient SO₂ network, comprised
of EPA, state, and facility monitors, was developed as the result of
extensive efforts to identify maximum ambient impact areas using
diffusion modeling, monitored atmospheric dispersion parameters,
citizen observations, and ambient SO₂ concentrations.
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\3\ Sulfur Dioxide Monitoring Network Study, Arizona State
Department of Health, Environmental Health Services, Division of Air
Pollution Control, 1969.
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Further refinement of the monitoring network was required by the
adoption of the MPR rules that established stack emissions limits for
the smelter in 1979 based on permanent controls. Placement of
additional monitors was accomplished with EPA consultation to further
evaluate ambient impacts. Following implementation of continuous
emissions control technology and compliance with emissions limits as
defined in AAC R18-2-715(F) at the San Manuel smelter, the number of
permanent monitors was gradually reduced to a network of four: LDS
Church, Townsite, Dorm Site, and Hospital. These were all high impact
ambient monitor sites found to be representative of air quality for the
area. The Dorm Site and Hospital monitors were primarily fugitive
impact sites. The Townsite and the LDS Church site were primarily stack
impact sites. The Townsite monitor was the ``limiting site'' for the
original MPR analysis. \4\ These monitoring site decisions were made by
ADEQ in accordance with EPA guidance.
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\4\ See Ultimate Sulfur Dioxide Limits for Arizona Copper
Smelters, Moyers and Peterson, September 14, 1979.
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Following the shutdown of smelting operations in 1999, the
facility-operated Townsite, Dorm Site, and Hospital monitors were
closed. ADEQ continues to operate a monitor at the LDS Church site.
Table 1 summarizes ambient SO₂ air quality monitoring from
1997 to 2005.

[[Page 3399]]

Table 1.--Summary of San Manuel, Sulfur Dioxide Ambient Air Quality
Monitoring Data, 1997-2005 (in &mu;g/m\3\)
[Primary NAAQS: Annual average 80 &mu;g/m\3\ [0.030 ppm], 24-hour average 365 &mu;g/m\3\ [0.14 ppm]: 3-hour 1300
&mu;g/m\3\ [0.5 ppm]]
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Data
Max value 24- recovery *
Site or city Annual Max value 3- Hour (valid
average hr average average hourly
samples)
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2005: LDS Church.......................................... 5 16 8 8,716
2004: LDS Church.......................................... 4 26 9 8,742
2003: LDS Church.......................................... 4 15 8.5 8,711
2002: LDS Church (opened 3/02)............................ 4 24 8 6,827
1999:
LDS Church (closed 10/99)............................. 9 204.5 56.5 6,121
Townsite.............................................. 4 272.5 63 n/a
Dorm Site............................................. 4 258.5 53 n/a
Hospital.............................................. 8 416 111.5 n/a
1998:
LDS Church............................................ 21 487.5 88 8,469
Townsite.............................................. 8 406.5 93 8,656
Dorm Site............................................. 8 258.5 98.5 8,714
Hospital.............................................. 11 464 184 8,642
1997:
LDS Church............................................ 12 252 63 8,589
Townsite.............................................. 33 313.5 93 8,725
Dorm Site............................................. 11 386 66.5 8,751
Hospital.............................................. 32 654.5 180 8,742
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* Note: Does not include Golf Course site for 1997 (site closed August 1997). Townsite, Dorm Site, and Hospital
data are as contained in BHP's monthly reports. The facility reported zero concentrations for the period 2000-
2001 at the Townsite, Dorm Site, and Hospital locations. LDS Church site data for 2002-2005 were obtained from
ADEQ Annual Reports. LDS Church site data for 1997-1999 were calculated from data in EPA's Air Quality System
Report (October 3, 2006) by multiplying sulfur dioxide values in parts per million by 2620 to convert to
micrograms per cubic meter.

After reviewing the historic ambient SO₂ monitoring
data, EPA concludes the data was collected in accordance with EPA
guidelines. The monitoring sites were found to be representative of air
quality for the area. As required for redesignation, the nonattainment
area has recorded more than eight current, consecutive quarters of
quality-assured monitoring data that is free of NAAQS violations.
ADEQ had included monitoring data in Chapter 3 of the SIP. ADEQ's
review of historic ambient SO₂ monitoring data in the San
Manuel area collected by ADHS, BAQC, and ADEQ confirms that the primary
SO₂ NAAQS has not been violated since 1979 and the secondary
SO₂ NAAQS has not been violated since 1985.
In the San Manuel SIP submittal, ADEQ proposes to close the San
Manuel SO₂ monitoring site effective December 31, 2007.
Federal regulations at 40 CFR 58.14 allows sites to be closed under
specific circumstances. ADEQ believes that the closure of the San
Manuel SO₂ site meets these criteria. Specifically, the
option under 40 CFR 58.14(c)(3) allows for discontinuation of a monitor
within an attainment, nonattainment, or maintenance area, ``* * *
provided the monitor has not measured violations of the applicable
NAAQS in the previous five years, and the approved SIP provides for a
specific, reproducible approach to representing the air quality of the
affected county in the absence of actual monitoring data.'' This
position is supported with the information provided below.
Monitoring data for 2002 through 2006 indicate that maximum ambient
concentrations were three percent or less of the NAAQS for the 3-hour
standard; five percent or less of the NAAQS for the 24-hour standard;
and less than seven percent of the NAAQS for the annual standard.
Following the shutdown of the San Manuel ambient SO₂
monitor, ADEQ will continue to demonstrate attainment and maintenance
of the SO₂ NAAQS through updates to the emissions inventory
as described in the San Manuel SO₂ Maintenance Plan, March
2007. Analyses contained in the SIP demonstrate that, although there
were other sources of SO₂ emissions, the San Manuel copper
smelter, which permanently closed in 2005, was the primary emissions
source in the nonattainment area and comprised more than 99.5 percent
of total emissions while it was operating. The more than 99 percent
emissions reduction due to the closure of the smelter corresponds to a
greater than 92 percent reduction in 3-hour average and 24-hour average
ambient SO₂ concentrations.
With the permanent closure of the San Manuel smelter, no major
point sources exist in the nonattainment area. Sulfur dioxide emissions
in 2017 are projected to be less than 0.5 percent of 1997 and 1998
total nonattainment area emissions, a period in which the San Manuel
smelter was operating full time.
Arizona does not anticipate any substantial increase in existing
point source emissions between now and 2017 for the nonattainment area.
Should any growth occur due to construction of additional SO₂
point sources, the ADEQ, Pinal County Air Quality Control District
(PCAQCD), and Pima County Department of Environmental Quality (PDEQ)
permit programs limit all emissions as part of construction of new
point sources or upgrading of existing sources. ADEQ commits to re-
establish an appropriate network before any major source of SO₂
begins operations in the San Manuel planning area.
Maintenance of the SO₂ NAAQS in San Manuel area will be
tracked through updates to the emissions inventory and permit
applications received for SO₂ emitting sources.
Therefore, ADEQ has demonstrated, and we concur, that the closure
of the San Manuel SO₂ site meets the criteria set forth in
40 CFR 58.14.\5\ We also

[[Page 3400]]

conclude that the area has attained the SO₂ NAAQS.
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\5\ EPA sets out requirements for ambient air quality
surveillance in 40 CFR part 58. After the closure of the San Manuel
SO₂ monitoring site, ADEQ will continue to monitor
SO₂ emissions at several other sites within the state.
For more information about the air monitoring system in place in
Arizona, the reader may wish to consult the State of Arizona Air
Monitoring Network Plan For the Year 2007 submitted by ADEQ to EPA.
This report can be found on Arizona's Web site at
http://www.azdeq.gov/environ/air/monitoring/download/airmonitoring.pdf.

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B. The Area's Applicable Implementation Plan Must Be Fully Approved
Under CAA Section 110(k)

Under CAA section 107(d)(3)(E)(ii), the SIP for the San Manuel area
must be fully approved under CAA section 110(k) of the Act. We examined
the applicable SIP for Arizona and also looked at the disapprovals
listed in 40 CFR 52.125 and have determined that no disapprovals listed
remain relevant to the applicable SIP. Arizona has a fully approved SIP
with respect to SO₂ in the San Manuel area.

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

CAA section 107(d)(3)(E)(iii) requires that EPA determine that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP and/or
applicable federal measures. As shown in Table 1, as required for
redesignation, the nonattainment area has recorded more than eight
current, consecutive quarters of quality-assured, violation-free data.
Monitoring data for 1997 through 1999, while the San Manuel smelter was
still operating, indicate that maximum ambient concentrations were less
than 55 percent of the NAAQS for the 3-hour standard, less than 59
percent of the NAAQS for the 24-hour standard, and less than 33 percent
of the NAAQS for the annual standard.
Closure of the smelter in 1999 further reduced emissions and
resultant ambient SO₂ concentrations. Monitoring data for
2004 through 2005 indicate that maximum ambient concentrations were two
percent of the NAAQS for the 3-hour standard and less than three
percent for the 24-hour standard; and less than seven percent of the
NAAQS for the annual standard. Monitoring network data for the period
1997 through 2005 are presented in Table 1. Closure of the smelter has
resulted in permanent and enforceable emissions reductions, as required
by the CAA.

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

Under CAA section 107(d)(3)(E)(v), we must determine whether the
State of Arizona has met all requirements under section 110 and under
part D (of title I) of the CAA applicable to the San Manuel SO₂
nonattainment area.
1. Section 110 Requirements
CAA section 110 contains the general requirements for SIPs
(enforceable emissions limits, ambient monitoring, permitting of new
sources, adequate funding, etc.). EPA's guidance for implementing
section 110 of the Act is discussed in the General Preamble to Title I
(57 FR 13498, April 16, 1992). Over the years, we have approved
Arizona's SIP as meeting these basic requirements. The SIP includes
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.
2. Part D Requirements
Before an area can be redesignated to attainment, it must have
fulfilled the applicable requirements under part D (of title I). For
this area, the relevant requirements are found in subparts 1 and 5 of
part D. Subpart 1 of part D specifies the basic requirements applicable
to all nonattainment areas. Subpart 5 sets out additional provisions
for areas designated nonattainment for SO₂. As discussed
below, EPA finds that Arizona has met the requirements of subpart 1 of
part D, specifically sections 172(c) and 176, and subpart 5 as
applicable for the San Manuel SO₂ nonattainment area.
a. Section 172
CAA section 172 contains the general requirements for nonattainment
SIPs. A thorough discussion of the requirements of 172(c) can be found
in the General Preamble for the implementation of title I (57 FR 13498,
April 16, 1992). Additional guidance can be found in the Calcagni memo.
EPA has interpreted the requirements of CAA sections 172(c)(2)
(reasonable further progress--RFP), 172(c)(6) (other measures), and
172(c)(9) (contingency measures) as not relevant to a redesignation
request because they only have meaning for an area that is not
attaining the standard (see the General Preamble and the Calcagni
Memo), and as discussed above in section IV.A. of this notice, we find
that the San Manuel area is attaining the SO₂ standard.
Furthermore, the State has not sought to exercise options that would
trigger section 172(c)(4) (identification of certain emissions
increases). Thus, this provision is not relevant to this redesignation
request. The other provisions under 172(c) are discussed below.
Reasonably available control measures. Under CAA section 172(c)(1),
reasonably available control measures (RACM), which include
requirements for reasonably available control technology (RACT), are
required for existing sources in nonattainment areas. In 1983, we
approved the State's submittal of A.A.C. R9-3-315, a predecessor to the
State's current smelter rules codified at A.A.C. R18-2-715. See 48 FR
1717 (January 14, 1983). This rule limited stack emissions from primary
copper smelters, including the smelter which was located in the San
Manuel area. We concluded, however, that the control strategy for
SO₂ in Arizona's six SO₂ nonattainment areas was
incomplete due to the failure to address fugitive emissions problems.
See 48 FR 1717 (January 14, 1983) and 40 CFR 52.125(a)(1).
In 1998, 2003, and 2006, the State submitted amended rules (AAC
R18-2-715 (sections F, G, and H), R18-2-715.01, R18-2-715.02, and R18-
2-Appendix 8).\6\ These rules address both fugitive and stack emissions
from smelters and, in approving the rules, we found that the amended
rules met the RACT requirement under CAA sections 172(c)(1) and 191(b).
See 69 FR 26789 at 26788 (May 14, 2004), 69 FR 63321 (November 2,
2004), and 71 FR 18624 at 18625 (April 12, 2006). Furthermore, because
the area has attained the standard, no further demonstration that RACM
has been implemented need be submitted by the State.
---------------------------------------------------------------------------

\6\ A more extensive summary of the regulatory history of copper
smelters in Arizona is included in EPA's proposed action on these
rules. See 69 FR 26786 (May 14, 2004).
---------------------------------------------------------------------------

Emissions inventory. The emissions inventory requirement of section
172(c)(3) is satisfied by the maintenance plan inventory requirements.
The maintenance plan inventory is evaluated below, in section IV.E.1.
NSR permit program. Section 172(c)(5) requires new source review
(NSR) permits for the construction and operation of new and modified
major stationary sources located in nonattainment areas. ADEQ is the
agency responsible for implementing the nonattainment area NSR permit
program in the San Manuel area. Under ADEQ's rules, all new major
sources and modifications to existing major

[[Page 3401]]

sources are subject to the NSR requirements of these rules.
We have not yet fully approved the ADEQ NSR rules.\7\ We have,
however, determined that an area being redesignated from nonattainment
to attainment does not need to have an approved NSR program prior to
redesignation, provided that the area demonstrates maintenance of the
standard without nonattainment NSR in effect.\8\ We have determined
that the maintenance demonstration for San Manuel does not rely on
nonattainment NSR.
---------------------------------------------------------------------------

\7\ ADEQ's NSR rules are included in the preconstruction review
and permitting provisions of AAC, Title 18, Chapter 2, Articles 3
and 4. EPA approved an earlier version of ADEQ's NSR requirements
(AAC R9-3-302) on May 5, 1982 (47 FR 19328) and August 10, 1988 (53
FR 30200).
\8\ See memorandum from Mary Nichols dated October 14, 1994
(``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment.'')
---------------------------------------------------------------------------

Prevention of significant deterioration (PSD) is the permitting
program that applies in attainment areas. PSD was established to
preserve air quality in areas that are meeting the NAAQS. The PSD
program requires new or reconstructed major stationary sources or major
modifications to existing major stationary sources to undergo
preconstruction review and to apply best available control technology.
In addition, sources are required to review air quality and other
impacts, which includes analysis of PSD increment consumption and
undertake preconstruction modeling ADEQ has an EPA-approved PSD
permitting program AAC R18-2-406 for all criteria pollutants except
respirable particulate matter (PM10). See 48 FR 19878 (May 3, 1983).
The federal PSD program for PM10 was delegated to the State on March
12, 1999. ADEQ's partially-approved, partially-delegated PSD program
will apply automatically to new major sources or major modifications to
existing sources of SO₂ in the San Manuel area once the area
is redesignated to attainment.\9\
---------------------------------------------------------------------------

\9\ PSD also applies to new major sources or major modifications
in Pima County. One township of the nonattainment area is in the
Pima County. The federal PSD program applies with Pima County. See
40 CFR 52.144; 48 FR 19878 (May 3, 1983). PDEQ was delegated
authority for the federal PDS program in 1994.
---------------------------------------------------------------------------

Compliance with section 110(a)(2). Under section 172(c)(7), plan
provisions submitted to satisfy part D must meet the applicable
provisions of section 110(a)(2) of the CAA. As noted in section IV.B.
above, the San Manuel portion of the Arizona SIP meets these requirements.
b. Section 176
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. or the Federal Transit Laws (``transportation conformity'') as
well as to all other federally supported or funded projects (``general
conformity''). Because EPA does not consider SO₂ a
transportation-related pollutant, only the requirements related to
general conformity apply to the San Manuel SO₂ area. The
State of Arizona adopted general conformity criteria and procedures as
a revision to the Arizona SIP. EPA approved Arizona's general
conformity SIP on April 23, 1999 (64 FR 19916). Thus, the requirements
of CAA section 176 have been satisfied.
c. Subpart 5
Subpart 5 of part D contains additional provisions for areas
designated nonattainment for SO₂. Under CAA section 191(b),
States with existing nonattainment areas for the primary SO₂
NAAQS where those areas lack fully approved SIPs, including part D
plans, must submit implementation plans meeting the requirements of
subpart 1 of part D. As discussed in section IV.D.2.a of this notice,
the State of Arizona has met the requirements of subpart 1 of part D
for the San Manuel area. Under CAA section 192(b), such areas were
required to meet the primary SO₂ NAAQS as expeditiously as
possibly but no later than November 15, 1995. As discussed in section
IV.A of this notice, the San Manuel SO₂ nonattainment area
met the primary SO₂ standards well before the applicable
attainment date of November 15, 1995 and has continued to attain since
then.

E. The Area Must Have a Fully Approved Maintenance Plan

Section 107(d)(3)(E)(iv) of the Act makes EPA approval of a
maintenance plan meeting the requirements of section 175A another
prerequisite to redesignation. Under section 175A, a maintenance plan
must provide for maintenance of the NAAQS for at least 10 years after
redesignation, and include any additional control measures as may be
necessary to ensure such maintenance. The Calcagni Memo contains EPA
guidance on the contents of maintenance plans submitted for the
purposes of meeting section 175A. Generally, such plans should address
the following five topics: The attainment emissions inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan. Maintenance plans are to
contain such contingency provisions as EPA deems necessary to assure
the prompt correction of a violation of the NAAQS that occurs after
redesignation. The contingency measures must include, at a minimum, a
requirement that the state will implement all control measures
contained in the nonattainment SIP prior to redesignation.
Lastly, under CAA Section 175A(b), states are required to submit a
subsequent maintenance plan eight years after redesignation providing
for maintenance of the NAAQS for an additional 10-year period beyond
the initial 10-year maintenance period. ADEQ has made a commitment to
submit a subsequent maintenance plan to EPA eight years into the
initial 10-year maintenance period (see page 15 of the submitted plan)
and thereby satisfies the requirements of Section 175A(b).
1. Attainment Emissions Inventory
As required in the Calcagni memo as one of the core provisions
necessary to ensure maintenance of the relevant NAAQS in an area
seeking redesignation from nonattainment to attainment, the San Manuel
Maintenance Plan includes an emissions inventory for point sources,
area sources, and mobile sources for 1997 through 2005 as well as a
projection of emissions to 2017.

[[Page 3402]]

Table 2.--San Manuel Nonattainment Area SO2 Emissions and Emissions Projections, All Sources (Tons): 1997-2017
----------------------------------------------------------------------------------------------------------------
Area and
mobile Point Annual totals
----------------------------------------------------------------------------------------------------------------
1997.......................................................... 30 11482 11512
1998.......................................................... 30 10409 10439
1999.......................................................... 38 3625 3663
2000.......................................................... 36 0.7 36.7
2001.......................................................... 33 0.9 33.9
2002.......................................................... 26 0.3 26.3
2003.......................................................... n/a 0.2 >=0.2
2004.......................................................... n/a 0.7 >=0.7
2005.......................................................... 27 0.6 27.6
2010.......................................................... 29 4.3 33.3
2015.......................................................... 30 4.3 34.3
2017.......................................................... 31 4.3 35.3
----------------------------------------------------------------------------------------------------------------
Note: Sulfur dioxide emissions in 2017 are projected to be less than 0.5 percent of 1997 and 1998 total
nonattainment area emissions, a period in which the San Manuel smelter was operating full time.

Based on our review of the submitted plan, we conclude that the
current and projected emissions inventories are based on reasonable
methods and assumptions and are comprehensive and accurate.
2. Maintenance Demonstration
EPA allows states to demonstrate maintenance of the NAAQS by either
showing that future emissions of a pollutant or its precursors will not
exceed the level of the attainment inventory, or by modeling to show
that the future mix of sources and emission rates will not cause a
violation of the NAAQS.\10\ When ADEQ first submitted a maintenance
plan for the San Manuel area in 2002, the plan contained a modeling
exercise. In January 2005, BHP Copper Inc. (BHP Billiton) notified ADEQ
of the company's intent to permanently cease operations and remove all
equipment and buildings at their San Manuel smelting facility. In March
2005, ADEQ terminated the permit for the facility. Closure of the
smelter reduced SO₂ emissions in the San Manuel area by more
than 10,000 tons per year. Based on monitored data, the area had
already attained the SO₂ ambient air quality standards.
Annual ambient concentrations measured from 1997 through 1999 were less
than 42 percent of the NAAQS and maximum 24-hour concentrations were
less than 59 percent of the NAAQS.\11\ ADEQ subsequently withdrew the
2002 maintenance plan, but included the modeling exercise in Appendix A
of the current submittal. Since the modeling exercise demonstrated that
the area could maintain the standard while the smelter was operating,
we concur with the state that maintenance of the standard will continue
since the smelter is no longer operating.
---------------------------------------------------------------------------

\10\ See Calcagni Memo., at p. 9.
\11\ See page 8 of Appendix A of ADEQ's submittal.
---------------------------------------------------------------------------

In addition, the projected inventory from the San Manuel
SO₂ Maintenance Plan shows that emissions in the area are
estimated to remain well below attainment period levels in 2017, the
10th year after redesignation. Although there is slight growth in total
emissions from 2005 to 2017, projected 2017 emissions are 0.3 percent
of 1998 emissions levels, due largely to the cessation of smelter
operations. Therefore, we conclude that the San Manuel SO₂
maintenance plan contains an adequate maintenance demonstration.
3. Monitoring Network
Once an area has been redesignated, in accordance with 40 CFR Part
58, the State is required to continue operation of an appropriate air
quality monitoring network to verify the attainment status of the area.
The maintenance plan should contain provisions for continued operation
of air quality monitors that will provide such verification.
EPA allows a state to discontinue a monitor within a nonattainment
or maintenance area provided the monitor has not measured violations of
the applicable NAAQS in the previous five years, and the approved SIP
provides for a specific, reproducible approach to representing the air
quality of the affected area in the absence of actual monitoring data.
Because the primary source of SO₂ emissions in the
nonattainment area permanently closed and recorded air quality data for
2002 through 2005 indicate that maximum ambient concentrations are less
than seven percent of the primary and secondary NAAQS, ADEQ intends to
discontinue monitoring at this site.
EPA concurs with ADEQ's decision to discontinue SO₂
monitoring in the San Manuel area. Since the main source of
SO₂ emissions has been permanently shut down and dismantled
there is no longer any reason to monitor for this pollutant at this
time. Section 7.2 of the SIP states that ADEQ commits to reestablishing
an appropriate SO₂ monitoring network in the San Manuel area
before any future major source of SO₂ begins operations in
the San Manuel planning area.
4. Verification of Continued Attainment
ADEQ intends to track the progress of the San Manuel SO₂
Maintenance Plan through implementation and enforcement of the
monitoring, reporting, and certification procedures to which permitted
sources are subject under AAC R18-2-306 and R18-2-309. ADEQ anticipates
no relaxation of any implemented control measures used to attain and
maintain the ambient air quality standards.
Maintenance of the SO₂ NAAQS in San Manuel area will be
tracked through updates to the emissions inventory and permit
applications received from SO₂ emitting sources. The
projected inventory from the San Manuel SO₂ Maintenance Plan
shows that emissions in the area are estimated to remain well below
attainment period levels in 2017, the 10th year after redesignation.
Although there is slight growth in total emissions from 2005 to 2017,
projected 2017 emissions are 0.3 percent of 1998 emissions levels, due
largely to the cessation of smelter operations. The PCAQCD and PDEQ
have authority for sources under their jurisdiction.
Considered together, the submitted plan and relevant state and
local EPA-approved regulations adequately provide for verification of
continued attainment of the SO₂ NAAQS in the San Manuel area.

[[Page 3403]]

5. Contingency Plan
Section 175A(d) of the CAA requires that maintenance plans include
contingency provisions to promptly correct any violation of the NAAQS
that occurs after redesignation of the area. The Calcagni memo provides
additional guidance, noting that although a State is not required to
have fully-adopted contingency measures that will take effect without
further action by the State in order for the maintenance plan to be
approved, the maintenance plan should ensure that the contingency
measures are adopted expediently once they are triggered. Specifically,
the maintenance plan should clearly identify the measures to be
adopted, include a schedule and procedure for adoption and
implementation of the measures, and contain a specific time limit for
action by the State. In addition, the State should identify specific
indicators, or triggers, that will be used to determine when the
contingency measures need to be implemented.
The only threat to the SO₂ NAAQS in this planning area
is from new sources. Because the primary source of SO₂
emissions in the San Manuel area is permanently closed, measures to
ensure continued attainment of the SO₂ NAAQS are PSD
permitting requirements. Any new source proposing to operate in the San
Manuel area is subject to the provisions of A.A.C. R18-2-403, ``Permits
for Sources Located in Nonattainment Areas,'' and those in A.A.C. R18-
2-406, ``Permit Requirements for Sources Located in Attainment and
Unclassified Areas.'' With our redesignation of San Manuel, they will
only be subject to A.A.C. R18-2-406. These programs address NSR and PSD
requirements applicable to SO₂ sources. Under the PSD
program, new major stationary or major modifications to existing major
sources are required to undergo preconstruction review before the
facility is constructed, modified, or reconstructed, and to apply Best
Available Control Technology (BACT). If a new source is not a major
source, it may still be required to obtain a permit under minor source
permitting rules at AAC R18-2-Article 3.\12\
---------------------------------------------------------------------------

\12\ Pima and Pinal counties have their own air pollution
control agencies and have jurisdiction over stationary sources of
air pollutants within their counties, except for refineries, copper
smelters, coal-fired power plants, Portland cement plants, or
portable sources that will operate in multiple counties. These
sources must obtain permits from ADEQ. Facilities located on most
Indian lands in Arizona are under the jurisdiction of U.S. EPA.
---------------------------------------------------------------------------

Upon review of the contingency plan summarized above, we find that
ADEQ has established a workable contingency plan for the San Manuel
area. Since ADEQ anticipates no relaxation of any implemented control
measures, and commits to submit to us any changes to rules or emission
limits applicable to SO₂ sources, as well as committing to
maintain the necessary resources to promptly correct any violations of
the SO₂ NAAQS that occur after the redesignation of the San
Manuel area to attainment, the State thereby satisfies the requirements
of CAA section 175A(d).
6. Subsequent Maintenance Plan Revisions
As noted previously, CAA section 175A(b) requires states to submit
a subsequent maintenance plan revision eight years after the
redesignation request is approved by EPA. The subsequent maintenance
plan is to provide for maintenance of the NAAQS for an additional 10
years following the first 10-year maintenance period. ADEQ has made a
commitment to submit a subsequent maintenance plan to EPA eight years
into the initial 10-year maintenance period (see page 15 of the
submitted plan) and thereby satisfies CAA section 175A(b).
7. Conclusion
ADEQ's Final State Implementation Plan Revision, San Manuel Sulfur
Dioxide Nonattainment Area, March 2007 adequately addresses the five
basic topics that maintenance plans should address, including
attainment inventory, maintenance demonstration, monitoring network,
verification of continued attainment, and contingency plan, and also
provides for submittal of a subsequent maintenance plan. Therefore, we
approve the San Manuel SO₂ Maintenance Plan as a revision to
the Arizona SIP and thereby satisfy the related redesignation criteria
of CAA section 107(d)(3)(E)(iv).

V. Public Comment and EPA's Final Action

As authorized under section 110(k)(3) of the Act, EPA is approving
the Final State Implementation Plan Revision, San Manuel Sulfur Dioxide
Nonattainment Area, March, 2007 as submitted by ADEQ on June 7, 2007,
as a revision to the Arizona SIP. In so doing, we find that the
maintenance plan meets the requirements for such plans under CAA
section 175A.
EPA is also approving the State of Arizona's request for
redesignation of the San Manuel area from nonattainment to attainment
for the SO₂ NAAQS based on our conclusion that all of the
redesignation criteria in CAA section 107(d)(3)(E) have been satisfied.
Specifically, we find that (1) the San Manuel area has attained the
SO₂ NAAQS; (2) Arizona has a fully approved SIP for the San
Manuel area; (3) the improvements in air quality in the San Manuel area
are due to permanent and enforceable reductions in emissions resulting
from the permanent closure of the smelter and from implementation of
EPA's Title V permit conditions; (4) Arizona has met all of the
nonattainment area requirements applicable to the San Manuel area; and
(5) the State's submitted maintenance plan meets all relevant CAA
requirements and is being approved in this notice.
EPA is finalizing this action without proposing it in advance
because the Agency views this action as noncontroversial and
anticipates no adverse comments. However, in the Proposed Rules section
of this Federal Register, we are simultaneously proposing approval of
the same maintenance plan and request for redesignation of the San
Manuel, AZ SO₂ area. If we receive adverse comments by
February 19, 2008, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on March 18, 2008. This will approve the redesignation request
and maintenance plan submitted by Arizona on June 7, 2007.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic

[[Page 3404]]

impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves 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 (Pub. L. 104-4). This rule also does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (59 FR 22951, November 9, 2000). 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 approves a state rule implementing a Federal standard,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This 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 approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, 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 for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; 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 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.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 18, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

Environmental protection, Air pollution control, National parks,
Wilderness areas.

Dated: December 20, 2007.
Wayne Nastri,
Regional Administrator, Region IX.

• Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
are amended as follows:

PART 52--[AMENDED]

• 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona

• 2. Section 52.120 is amended by adding paragraph (c)(140) to read as
follows:

Sec. 52.120 Identification of plan.

* * * * *
(c) * * *
(140) The following plan was submitted on June 7, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality. (1) Final Arizona
State Implementation Plan Revision, San Manuel Sulfur Dioxide
Nonattainment Area, March 2007, Arizona Department of Environmental
Quality.

PART 81--[AMENDED]

• 3. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

• 4. In Sec. 81.303 the table entitled ``Arizona--SO₂'' is
amended by revising the entry for the ``San Manuel'' area to read as
follows:

Sec. 81.303 Arizona.

* * * * *

Arizona--SO2
----------------------------------------------------------------------------------------------------------------
Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
----------------------------------------------------------------------------------------------------------------

* * * * * * *
San Manuel:
T8S, R16E................................. .............. .............. ............... X
T8S, R17E................................. .............. .............. ............... X
T8S, R18E................................. .............. .............. ............... X
T9S, R15E................................. .............. .............. ............... X
T9S, R16E................................. .............. .............. ............... X
T9S, R17E................................. .............. .............. ............... X

[[Page 3405]]

T9S, R18E................................. .............. .............. ............... X
T10S, R15E................................ .............. .............. ............... X
T10S, R16E................................ .............. .............. ............... X
T10S, R17E................................ .............. .............. ............... X
T11S, R16E................................ .............. .............. ............... X
T10S, R18E................................ .............. .............. ............... X
T11S, R17E................................ .............. .............. ............... X
T12S, R16E................................ .............. .............. ............... X
T12S, R17E................................ .............. .............. ............... X

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-803 Filed 1-17-08; 8:45 am]
BILLING CODE 6560-50-P

Notices For
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Approval and Promulgation of Air Quality Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Arizona; San Manuel Sulfur Dioxide State Implementation Plan and Request for Redesignation to Attainment

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