

[Federal Register: March 28, 2007 (Volume 72, Number 59)]
[Proposed Rules]               
[Page 14502-14503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr07-28]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2006-AZ-0558; FRL-8292-7]

 
Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; State of Arizona; Boundary 
Redesignation; Finding of Attainment for Miami 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 approve the State of Arizona's boundary 
redesignation of the Hayden/Miami PM10 nonattainment area 
into two separate PM10 nonattainment areas: Hayden and 
Miami. EPA is also proposing to find that the Miami PM10 
nonattainment area is attaining the PM10 national ambient 
air quality standard, and, based on this attainment finding, EPA is 
proposing to determine that certain Clean Air Act requirements are not 
applicable for so long as the Miami area shows continued attainment of 
the standard based on current, publicly available, quality-assured 
monitoring data. EPA is taking this action consistent with obligations 
under the Clean Air Act to act on State redesignations. Lastly, EPA is 
proposing to correct two errors in previous rulemakings that involved 
the designations of PM10 areas within the State of Arizona.

DATES: Any comments on this proposal must arrive by April 27, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2006-AZ-0558 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-0558. 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 
electronically in 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 EPA's approval of the State of Arizona's 
boundary redesignation of the Hayden/Miami PM10 
nonattainment area into two separate PM10 nonattainment 
areas: Hayden and Miami. EPA is also proposing to find that the Miami 
PM10 nonattainment area is attaining the PM10 
national ambient air quality standard, and, based on this attainment 
finding, EPA is proposing to determine that certain Clean Air Act 
requirements are not applicable for so long as the Miami area shows 
continued attainment of the standard based on current, publicly 
available, quality-assured monitoring data. EPA is taking this action 
consistent with obligations under the Clean Air Act to act on State 
redesignations. Lastly, EPA is proposing to correct two errors in 
previous rulemakings that involved the designations of PM10 
areas within the State of Arizona.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action to take these actions because we believe 
that they are 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

[[Page 14503]]

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 set forth in the parallel direct final rule, we 
are proposing to approve the State of Arizona's boundary redesignation 
of the Hayden/Miami PM10 nonattainment area into two 
separate PM10 nonattainment areas: Hayden and Miami, and to 
determine that the Miami moderate PM10 nonattainment area in 
Arizona is attaining the PM10 national ambient air quality 
standard. 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.
    Also, for all the reasons set forth in the parallel direct final 
rule, we further propose to determine that, because the Miami area is 
attaining the PM10 NAAQS, certain attainment demonstration 
requirements, along with other related requirements of the CAA, are not 
applicable to the Miami area for so long as the area continues to 
attain. Lastly, EPA is proposing to correct two errors in previous 
rulemakings 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 rule.

    Dated: March 20, 2007.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E7-5662 Filed 3-27-07; 8:45 am]

BILLING CODE 6560-50-P
