

[Federal Register: August 8, 2006 (Volume 71, Number 152)]
[Proposed Rules]               
[Page 44944-44945]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au06-22]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2006-AZ-0388; FRL-8206-3]

 
Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; State of Arizona; Finding of 
Attainment for Rillito Particulate Matter of 10 Microns or Less (PM10) 
Nonattainment Area; Determination Regarding Applicability of Certain 
Clean Air Act Requirements; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Rillito moderate PM-10 
nonattainment area in Arizona attained the National Ambient Air Quality 
Standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM10) by the 
applicable attainment date. In addition, EPA proposes to find that the 
Rillito area is currently attaining the PM10 standards, and 
based on this latter finding, EPA is proposing to determine that 
certain Clean Air Act requirements are not applicable for so long as 
the Rillito area continues to attain the PM10 NAAQS. Lastly, 
EPA is proposing to correct an error in a previous rulemaking that 
involved the classification of PM10 nonattainment areas 
within the State of Arizona.

DATES: Any comments on this proposal must arrive by September 7, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2006-AZ-0388 by one of the following methods:
     Federal eRulemaking portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     E-mail: tax.wienke@epa.gov.
     Fax: (415) 947-3579 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Wienke Tax, Office of Air Planning, Environmental 
Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street, 
San Francisco, California 94105-3901.
     Hand Delivery: Wienke Tax, Office of Air Planning, 
Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 
Hawthorne Street, San Francisco, California 94105-3901. Such deliveries 
are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding 
Federal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2006-AZ-0388. EPA's policy is that all comments received 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 information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA, without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 

[[Page 44945]]

http://www.regulations.gov or in hard copy at the Office of Air Planning, 

Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 
Hawthorne Street, San Francisco, California 94105-3901. EPA requests 
that if at all possible, you contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section to view the hard copy of the 
docket. You may view the hard copy of the docket Monday through Friday, 
8 a.m. to 4 p.m., excluding Federal holidays.

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: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    This proposal addresses the determination that the Rillito moderate 
PM10 nonattainment area in Arizona attained the National 
Ambient Air Quality Standards (NAAQS) for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers 
(PM10) by the applicable attainment date. This proposal also 
addresses the determination that, because the Rillito area continues to 
attain the PM10 standards, certain attainment demonstration 
requirements, along with other related requirements of the CAA, are not 
applicable to the Rillito area. Lastly, EPA is proposing to correct an 
error in a previous rulemaking that involved the classification of 
PM10 nonattainment areas within the State of Arizona.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action to make these determinations because we 
believe this 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 determine that the Rillito moderate PM10 
nonattainment area in Arizona attained the National Ambient Air Quality 
Standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM10) by the 
applicable attainment date. A determination of attainment is not a 
redesignation to attainment under CAA section 107(d)(3) because we have 
not yet approved a maintenance plan as required under section 175A of 
the CAA or determined that the area has met the other CAA requirements 
for redesignation.\1\
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    \1\ Note, however, that on January 17, 2006, EPA published 
proposed revisions to the NAAQS for particulate matter. See http://www.epa.gov/fedrgstr/EPA-AIR/2006/January/Day-17/.
 The proposed 

revisions address two categories of particulate matter: fine 
particles which are particles 2.5 micrometers in diameter and 
smaller; and ``inhalable coarse'' particles which are particles 
between 2.5 and 10 micrometers (PM10-2.5). Upon 
finalization of a primary 24-hour standard for PM10-2.5, 
EPA proposes to revoke the current 24-hour PM10 standard 
in all areas of the country except in areas where there is at least 
one monitor located in an urbanized area (as defined by the U.S. 
Bureau of the Census) with a minimum population of 100,000 that 
violates the current 24-hour PM10 standard based on the 
most recent three years of data. In addition, EPA proposes to revoke 
the current annual PM10 standard upon finalization of a 
primary 24-hour standard for PM10-2.5.
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    We further propose to determine that, because the Rillito area has 
continued to attain the PM10 NAAQS, certain attainment 
demonstration requirements, along with other related requirements of 
the CAA, are not applicable to the Rillito area. Lastly, EPA is 
proposing to correct an error in a previous rulemaking that involved 
the classification of PM10 nonattainment areas within the 
State of Arizona.
    For further information on this proposal and the rationale 
underlying our proposed action, please see the direct final action.

    Dated: July 26, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
 [FR Doc. E6-12762 Filed 8-7-06; 8:45 am]

BILLING CODE 6560-50-P
