

[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Proposed Rules]               
[Page 68390-68391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no05-28]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[OAR-2005-0150b; FRL-7995-2]

 
Designation of Areas for Air Quality Planning Purposes; Arizona; 
Correction of Boundary of Phoenix Metropolitan 1-Hour Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to correct the boundary of the Phoenix 
metropolitan 1-hour ozone nonattainment area to exclude the Gila River 
Indian Reservation. EPA is proposing this action under the authority of 
section 110(k)(6) of the Clean Air Act and in light of the Federal 
trust responsibility to the Tribes. This action is intended to 
facilitate and support the Gila River Indian Community's efforts to 
develop, adopt and implement a comprehensive Tribal Implementation Plan 
by removing unnecessary obligations that flow from the erroneous 
inclusion of a portion of the Reservation in the Phoenix metropolitan 
1-hour ozone nonattainment area.

DATES: Any comments on this proposal must arrive by December 12, 2005.

ADDRESSES: Submit comments, identified by docket number R09-OAR-2005-
150, by one of the following methods:
    1. Agency Web site: http://docket.epa.gov/rmepub/. EPA prefers 

receiving comments through this electronic public docket and comment 
system. Follow the on-line instructions to submit comments.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the on-line instructions.
    3. E-mail: tax.wienke@epa.gov.
    4. Mail or deliver: Wienke Tax, Office of Air Planning (AIR-2), 
U.S. Environmental Protection Agency, Region 9, 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://docket.epa.gov/
 rmepub/, including any personal


[[Page 68391]]

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 agency Web site, eRulemaking portal, or e-mail. The agency 
Web site and eRulemaking portal are ``anonymous access'' systems, and 
EPA will not know your identify 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://docket.epa.gov/rmepub 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: Wienke Tax, Office of Air Planning, 
U.S. Environmental Protection Agency, Region 9, (520) 622-1622, e-mail: 
tax.wienke@epa.gov.


SUPPLEMENTARY INFORMATION: This proposal addresses the correction of 
the boundary of the Phoenix metropolitan 1-hour ozone nonattainment 
area under section 110(k)(6) of the Clean Air Act to exclude the Gila 
River Indian Reservation. In the Rules and Regulations section of this 
Federal Register, we are taking direct final action to correct the 
boundary without prior proposal because we believe this correction 
action is not controversial. If we receive adverse comments, however, 
we will publish a timely withdrawal of the direct final rule and 
address the comments in subsequent action based on this proposed rule. 
We do not plan to open a second comment period, so anyone interested in 
commenting should do so at this time. If we do not receive comments, no 
further activity is planned. For all the reasons explained in the 
parallel direct final notice, we propose to correct the boundary of the 
Phoenix metropolitan 1-hour ozone nonattainment area to exclude the 
Gila River Indian Reservation. For further information on this proposal 
and the rationale underlying our proposed action, please see the direct 
final action.

    Dated: November 3, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-22372 Filed 11-9-05; 8:45 am]

BILLING CODE 6560-50-P
