FEDERAL REGISTER
Vol. 61, No. 146
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Part 81
[AZR91-0003; FRL-5543-6]

Clean Air Act Reclassification; Arizona-Phoenix Area; Carbon Monoxide

61 FR 39343

DATE: Monday, July 29, 1996
ACTION: Final rule.

SUMMARY: In this document EPA is making a final finding that the Phoenix nonattainment area (Maricopa County, Arizona) has not attained the carbon monoxide (CO) national ambient air quality standards (NAAQS) by the applicable attainment date in the Clean Air Act (CAA) for moderate CO nonattainment areas, December 31, 1995. This finding is based on EPA's review of CO ambient air quality data. As a result of this finding, the Phoenix area is reclassified as a serious CO nonattainment area by operation of law. The intended effect of the reclassification is to allow the State 18 months from the effective date of this action to submit a new State Implementation Plan (SIP) demonstrating attainment of the CO NAAQS as expeditiously as practical but no later than December 31, 2000, the CAA attainment date for serious areas.

EFFECTIVE DATE: This action is effective on August 28, 1996.

FOR FURTHER INFORMATION CONTACT: Frances Wicher, Mobile Sources Section, A-2-1, Air and Toxics Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105, (415) 744-1248.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation, Classification and Reclassification

The Clean Air Act Amendments of 1990 (CAA) were enacted on November 15, 1990. Under section 107(d)(1)(C) of the CAA, each carbon monoxide (CO) area designated nonattainment prior to enactment of the 1990 Amendments, such as the Phoenix Area, was designated nonattainment by operation of law upon enactment of the 1990 Amendments. Under section 186(a) of the Act, each CO area designated nonattainment under section 107(d) was also classified by operation of law as either "moderate" or "serious" depending on the severity of the area's air quality problem. The Maricopa Area was classified as moderate. 40 CFR 81.303. Moderate CO nonattainment areas were required to attain the CO national ambient air quality standards (NAAQS) as expeditiously as practicable but no later than December 31, 1995.

EPA has the responsibility, pursuant to sections 179(c) and 186(b)(2) of the CAA, of determining, within six months of the applicable attainment date, whether the Phoenix area has attained the CO NAAQS. Under section 186(b)(2)(A), if EPA finds that the area has not attained the CO NAAQS, it is reclassified as serious by operation of law. Pursuant to section 186(b)(2)(B) of the Act, EPA must publish a document in the Federal Register identifying areas which failed to attain the standard and therefore must be reclassified as serious by operation of law. EPA makes attainment determinations for CO nonattainment areas based upon whether an area has two years (or eight consecutive quarters) of clean air quality data.

EPA has promulgated two NAAQS for CO: an 8-hour average concentration and a 1-hour average concentration. Because there were no violations of the 1-hour standard in the Phoenix area in 1994 and 1995, this document addresses only the air quality status of the area with respect to the 8-hour standard.

The reader should consult EPA's Notice of Proposed Rulemaking (NPRM) for this action for a more detailed discussion of the applicable CAA requirements, and EPA guidance on those requirements and on the method of calculating CO NAAQS violations for reclassification purposes. See 61 FR 21415 (May 10, 1996).

B. Effect of Reclassification

CO nonattainment areas reclassified as serious are required to submit, within 18 months of the area's reclassification, SIP revisions providing for attainment of the CO NAAQS as expeditiously as practicable but no later than December 31, 2000. In addition, the State must submit a SIP revision that includes: (1) a forecast of vehicle miles travelled (VMT) for each year before the attainment year and provisions for annual updates of these forecasts; (2) adopted contingency measures; and (3) adopted transportation control measures and strategies to offset any growth in CO emissions from growth in VMT or number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A), 187(a)(3), 187(b)(2), and 187(b)(1). Finally, upon the effective date of this reclassification, contingency measures in the moderate area plan for the Phoenix area must be implemented.

C. Proposed Finding of Failure to Attain

On May 10, 1996 EPA proposed to find that the Phoenix area had failed to attain the CO NAAQS by the applicable attainment date. 61 FR 21415. This proposed finding was based on CO monitoring data collected by Maricopa County Environmental Services Department during the years 1994 and 1995. These data demonstrate violations of the CO NAAQS in both years. For the specific data considered by EPA in making this proposed finding, see 61 FR 21415.

II. Response To Comments on Proposed Finding

During the public comment period on EPA's proposed finding, the Agency received a comment only from the Arizona Department of Environmental Quality (ADEQ). ADEQ expressed its concern that CAA section 107(d)(4)(A) (iv) and (v) could be construed to mean that the Phoenix CO nonattainment area (which currently includes only the urbanized area of Maricopa County) would be expanded to include all of the Phoenix metropolitan statistical area (MSA) (the entire County) upon reclassification to serious and stated that it supports EPA's interpretation that this requirement applies only to the initial designation and classification of an area to nonattainment.

CAA section 107(d)(4)(A)(iv) states that, if a carbon monoxide nonattainment area located in a MSA is classified as serious, the boundaries of such area are revised by operation of law to include the entire MSA. A CO area is classified at the time it is designated as nonattainment either (1) by operation of law on the date of enactment of the 1990 Clean Air Act Amendments, or (2) after enactment if the area was designated attainment or unclassifiable but later experiences NAAQS violations. See section 186 (a)(1) and (b)(1). Therefore, section 107(d)(4)(A)(iv) applies only in these two situations and does not apply to the reclassification of an already existing nonattainment area that is based on a failure to attain. As a result, the boundaries of the Phoenix CO nonattainment area are unaffected by the area's reclassification to serious. n1

n1 Even if the boundary expansion provision of section 107(d)(4)(A)(iv) were deemed to apply to reclassified areas, EPA believes that the State would likely qualify under section 107(d)(4)(A) (iv) and (v) for an exclusion from that requirement. Section 107(d)(4)(A)(v) allows exclusion of areas in the MSA from the nonattainment area where the Administrator finds that sources in the those areas do not contribute significantly to violations of the NAAQS. Cars represent the most significant contributor to CO violations in metropolitan Phoenix. Data, however, indicate that only a very small fraction of cars operating within the metropolitan area are registered in Maricopa County but outside the current nonattinment boundaries. Thus, EPA believes the State is likely to be able to readily show that sources outside the current boundaries do not contribute significantly to the area's CO violations.

III. Today's Final Action

EPA is today taking final action to find that the Phoenix area did not attain the CO NAAQS by December 31, 1995, the CAA attainment date for moderate CO nonattainment areas. As a result of this finding, the Phoenix area is reclassified by operation of law as a serious CO nonattainment area as of the effective date of this document.

IV. Executive Order (EO) 12866

Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to determine whether regulatory actions are significant and therefore should be subject to OMB review, economic analysis, and the requirements of the Executive Order. The Executive Order defines a "significant regulatory action" as one that is likely to result in a rule that may meet at least one of the four criteria identified in section 3(f), including, under paragraph (1), that the rule may "have an annual effect on the economy of $100 million or more or adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities."

The Agency has determined that the finding of failure to attain finalized today would result in none of the effects identified in section 3(f). Under section 186(b)(2) of the CAA, findings of failure to attain and reclassification of nonattainment areas are based upon air quality considerations and must occur by operation of law in light of certain air quality conditions. They do not, in-and-of-themselves, impose any new requirements on any sectors of the economy. In addition, because the statutory requirements are clearly defined with respect to the differently classified areas, and because those requirements are automatically triggered by classifications that, in turn, are triggered by air quality values, findings of failure to attain and reclassification cannot be said to impose a materially adverse impact on State, local, or tribal governments or communities.

V. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C 603 and 604. Alternatively, EPA may certify that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

As discussed in section IV of this document, findings of failure to attain and reclassification of nonattainment areas under section 186(b)(2) of the CAA do not in-and-of-themselves create any new requirements. Therefore, I certify that today's final action does not have a significant impact on small entities.

VI. Unfunded Mandates

Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, EPA must assess whether various actions undertaken in association with proposed or final regulations include a Federal mandate that may result in estimated costs of $100 million or more to the private sector, or to State, local or tribal governments in the aggregate.

EPA believes, as discussed above, that the finding of failure to attain and reclassification of the Maricopa Area are factual determinations based upon air quality considerations and must occur by operation of law and, hence, do not impose any federal intergovernmental mandate, as defined in section 101 of the Unfunded Mandates Act.

VII. Small Business Regulatory Enforcement Fairness Act (SBREFA)

Under section 801(a)(1)(A) of the Administrative Procedures Act (APA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 General Accounting Office prior to publication of the rule in today's Federal Register. This rule is not a "major rule" as defined by section 804(2) of the APA as amended.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, Intergovernmental relations, Carbon monoxide.

Dated: July 12, 1996.

Felicia Marcus, Regional Administrator.

40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

2. Section 81.303 is amended by revising the table for Arizona-Carbon Monoxide to read as follows:

@ 81.303 -- Arizona. 

   * * * * * 

                   Arizona--Carbon Monoxide 

                     Designation        Classification 
Designated area   Date       Type       Date      Type 

Phoenix Area: 
Maricopa County (part)                 11/15/90 Non-        Aug. 28,  Serious. 
                                                attainment  1996 
Phoenix nonattainment area 
boundary: 
1. Commencing at a point which is 
the intersection of the eastern 
line of Range 7 East, Gila and Salt 
River Baseline and Meridian, and 
the southern line of Township 2 
South, said point is the 
southeastern corner of the Maricopa 
Association of Governments Urban 
Planning Area, which is the point 
of beginning; 
2. thence, proceed northerly along 
the eastern line of Range 7 East 
which is the common boundary 
between Maricopa and Pinal 
Counties, as described in Arizona 
Revised Statute Section 11-109, to 
a point where the eastern line of 
Range 7 East intersects the 
northern line of Township 1 North, 
said point is also the intersection 
of the Maricopa County Line and the 
Tonto National Forest Boundary, as 
established by Executive Order 869 
dated July 1, 1908, as amended and 
showed on the U.S. Forest Service 
1969 Planimetric Maps; 
3. thence, westerly along the 
northern line of Township 1 North 
to approximately the southwest 
corner of the southeast quarter of 
Section 35, Township 2 North, Range 
7 East, said point being the 
boundary of the Tonto National 
Forest and Usery Mountain Semi- 
Regional Park; 
4. thence, northerly along the 
Tonto National Forest Boundary, 
which is generally the western line 
of the east half of Sections 26 and 
35 of Township 2 North, Range 7 
East, to a point which is where the 
quarter section line intersects 
with the northern line of Section 
26, Township 2 North, Range 7 East, 
said point also being the northeast 
corner of the Usery Mountain Semi- 
Regional Park; 
5. thence, westerly along the Tonto 
National Forest Boundary, which is 
generally the south line of Section 
19, 20, 21 and 22 and the southern 
line of the west half of Section 
23, Township 2 North, Range 7 East, 
to a point which is the southwest 
corner of Section 19, Township 2 
North, Range 7 East; 
6. thence, northerly along the 
Tonto National Forest Boundary to a 
point where the Tonto National 
Forest Boundary intersects with the 
eastern boundary of the Salt River 
Indian Reservation, generally 
described as the center line of the 
Salt River Channel; 
7. thence, northeasterly and 
northerly along the common boundary 
of the Tonto National Forest and 
the Salt River Indian Reservation 
to a point which is the northeast 
corner of the Salt River Indian 
Reservation and the southeast 
corner of the Fort McDowell Indian 
Reservation, as shown on the plat 
dated July 22, 1902, and recorded 
with the U.S. Government on June 
15, 1902; 
8. thence, northeasterly along the 
common boundary between the Tonto 
National Forest and the Fort 
McDowell Indian Reservation to a 
point which is the northeast corner 
of the Fort McDowell Indian 
Reservation; 
9. thence, southwesterly along the 
northern boundary of the Fort 
McDowell Indian Reservation, which 
line is a common boundary with the 
Tonto National Forest, to a point 
where the boundary intersects with 
the eastern line of Section 12, 
Township 4 North, Range 6 East. 
10. thence, notherly along the 
eastern line of Range 6 East to a 
point where the eastern line of 
Range 6 East intersects with the 
southern line of Township 5 North, 
said line is the boundary between 
the Tonto National Forest and the 
east boundary of McDowell Mountain 
Regional Park; 
11. thence, westerly along the 
southern line of Township 5 North 
to a point where the southern line 
intersects with the eastern line of 
Range 5 East which line is the 
boundary of Tonto National Forest 
and the north boundary of McDowell 
Mountain Regional Park; 
12. thence, northerly along the 
eastern line of Range 5 East to a 
point where the eastern line of 
Range 5 East intersects with the 
northern line of Township 5 North, 
which line is the boundary of the 
Tonto National Forest; 
13. thence, westerly along the 
northern line of Township 5 North 
to a point where the northern line 
of Township 5 North intersects with 
the easterly line of Range 4 East, 
said line is the boundary of Tonto 
National Forest; 
14. thence, northerly along the 
eastern line of Range 4 East to a 
point where the eastern line of 
Range 4 East intersects with the 
northern line of Township 6 North, 
which line is the boundary of the 
Tonto National Forest; 
15. thence, westerly along the 
northern line of Township 6 North 
to a point of intersection with the 
Maricopa-Yavapai County line, which 
is generally described in Arizona 
Revised Statute Section 11-109 as 
the center line of the Aqua Fria 
River (Also the north end of Lake 
Pleasant); 
16. thence, southwesterly and 
southerly along the Maricopa- 
Yavapai County line to a point 
which is described by Arizona 
Revised Statute Section 11-109 as 
being on the center line of the 
Aqua Fria River, two miles 
southerly and below the mouth of 
Humbug Creek; 
17. thence, southerly along the 
center line of Aqua Fria River to 
the intersection of the center line 
of the Aqua Fria River and the 
center line of Beardsley Canal, 
said point is generally in the 
northeast quarter of Section 17, 
Township 5 North, Range 1 East, as 
shown on the U.S. Geological 
Survey's Baldy Mountain, Arizona 
Quadrangle Map, 7.5 Minute series 
(Topographic), dated 1964; 
18. thence, southwesterly and 
southerly along the center line of 
Beardsley Canal to a point which is 
the center line of Beardsley Canal 
where it intersects with the center 
line of Indian School Road; 
19. thence, westerly along the 
center line of West Indian School 
Road to a point where the center 
line of West Indian School Road 
intersects with the center line of 
North Jackrabbit Trail; 
20. thence, southerly along the 
center line of Jackrabbit Trail 
approximately nine and three- 
quarter miles to a point where the 
center line of Jackrabbit Trail 
intersects with the Gila River, 
said point is generally on the 
north-south quarter section line of 
Section 8, Township 1 South, Range 
2 West. 
21. thence, northeasterly and 
easterly up the Gila River to a 
point where the Gila River 
intersects with the northern 
extension of the western boundary 
of Estrella Mountain Regional Park, 
which point is generally the 
quarter corner of the northern line 
of Section 31, Township 1 North, 
Range 1 West; 
22. thence, southerly along the 
extension of the western boundary 
and along the western boundary of 
Estrella Mountain Regional Park to 
a point where the southern 
extension of the western boundary 
of Estrella Mountain Regional Park 
intersects with the southern line 
of Township 1 South; 
23. thence, easterly along the 
southern line of Township 1 South 
to a point where the south line of 
Township 1 South intersects with 
the western line of Range 1 East, 
which line is generally the 
southern boundary of Estrella 
Mountain Regional Park; 
24. thence, southerly along the 
western line of Range 1 East to the 
southwest corner of Section 18, 
Township 2 South, Range 1 East, 
said line is the western boundary 
of the Gila River Indian 
Reservation; 
25. thence, easterly along the 
southern boundary of the Gila River 
Indian Reservation which is the 
southern line of Sections 13, 14, 
15, 16, 17, and 18, Township 2 
South, Range 1 East, to the 
boundary between Maricopa and Pinal 
Counties as described in Arizona 
Revised Statues Section 11-109 and 
11-113, which is the eastern line 
of Range 1 East; 
26. thence, northerly along the 
eastern boundary of Range 1 East, 
which is the common boundary 
between Maricopa and Pinal 
Counties, to a point where the 
eastern line of Range 1 East 
intersects the Gila River; 
27. thence, southerly up the Gila 
River to a point where the Gila 
River intersects with the southern 
line of Township 2 South; and 
28. thence, easterly along the 
southern line of Township 2 South 
to the point of beginning which is 
a point where the southern line of 
Township 2 South intersects with 
the eastern line Range 7 East. 
Tuscon Area: 
Pima County (part)                     11/15/90 Non-        11/15/90  Not 
                                                attainment 
classified. 
Township and Ranges as follows: 
T11-12S, R12-14E; T13-15S, R11-16E; 
and T16S, R12-16E Gila and Salt 
River Baseline and Meridian 
excluding portions of the Saguaro 
National Monument and the Coronado 
National Forest 
Rest of State                          11/15/90 Nonclassi- 
                                                fiable/ 
                                                Attainment 
Apache County 
Cochise County 
Coconino County 
Gila County 
Graham County 
Greenlee County 
La Paz County 
Maricopa County (part) 
Area outside Phoenix Area: 
Mohave County 
Navajo County 
Pima County (part) 
Area outside Tucson Area: 
Pinal County 
Santa Cruz County 
Yavapai County 
Yuma County 

* * * * *

[FR Doc. 96-19194 Filed 7-26-96; 8:45 am]

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