Redesignation of the Yavapai-Apache Reservation to a PSD Class I Area; State of Arizona

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5013-8]

Redesignation of the Yavapai-Apache Reservation to a PSD Class I

Area; State of Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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SUMMARY: The purpose of this action is to extend the period for public

comment on the request by the Yavapai-Apache Tribal Council to

redesignate the Yavapai-Apache Reservation (``the Reservation'') in the

State of Arizona to Class I under EPA's regulations for prevention of

significant deterioration of air quality. The Class I designation will

result in lowering the allowable increases in ambient concentrations of

particulate matter, sulfur dioxide, and nitrogen dioxide on the

Reservation.

DATES: Comments must be received on or before August 22, 1994.

ADDRESSES: Written comments should be addressed to: Jessica Gaylord,

Air and Toxics Division (A-5-1), U.S. Environmental Protection Agency,

75 Hawthorne Street, San Francisco, CA 94105-3901.

Supporting information used in developing the proposed rule and

materials submitted to EPA relevant to the proposed action are

available for public inspection and copying at the docket address

listed above during normal business hours. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Jessica Gaylord, Air and Toxics

Division (A-5-1), U.S. EPA, Region 9, 75 Hawthorne Street, San

Francisco, CA 94105-3901, (415) 744-1256.

SUPPLEMENTARY INFORMATION: Part C of the Clean Air Act (``the Act'')

provides for the prevention of significant deterioration (PSD) of air

quality. The intent of this part is to prevent deterioration of

existing air quality, particularly in areas considered to be pristine.

The Act provides for three basic classifications applicable to all

lands of the United States. Associated with each classification are

increments which represent the maximum allowable increase in ambient

air pollutant concentrations above a baseline concentration. A Class I

designation is the most protective of the three classifications, with

the lowest amount of allowable increases in pollutant concentrations.

Class II applies to areas in which pollutant increases accompanying

moderate growth would be allowed. Class III applies to those areas in

which considerably more air quality deterioration would be considered

acceptable.

Section 164 of the Act and the federal regulations set forth at 40

CFR 52.21(g) contain the procedural requirements for redesignation of

areas under the PSD program. The Act provides that lands within the

exterior boundaries of reservations of federally recognized Indian

tribes may be redesignated only upon request by the appropriate Indian

Governing Body. Under section 164(b)(2) and 40 CFR 52.21(g)(5), EPA may

disapprove a request for redesignation only if it finds, after notice

and opportunity for hearing, that the redesignation request does not

meet the procedural requirements of section 164 and 40 CFR 52.21(g).

On December 17, 1993, the Yavapai-Apache Tribal Council (herein

referred to as ``the Tribal Council'') submitted to EPA a request to

redesignate the Yavapai-Apache Reservation from Class II to Class I.

EPA reviewed this request and determined that it met the procedural

requirements of Section 164 of the Act and 40 CFR 52.21(g). On April

18, 1994, EPA published a notice of proposed rulemaking in the Federal

Register which proposed to approve the request and solicited public

comment regarding whether the Tribal Council had met the procedural

requirements. 59 FR 18346. Please refer to this Federal Register notice

for further information regarding this proposed rulemaking.

EPA held a public hearing on the request for redesignation on June

22, 1994. Following the public hearing, a request to extend the public

comment period was made. By this notice, the public comment period is

extended to August 22, 1994. The public is invited to comment on

whether the Tribal Council has met all the procedural requirements of

section 164 of the Act and 40 CFR 52.21(g). Comments should be

submitted to the address listed in the ADDRESSES section of this

document. Public comments received by August 22, 1994 will be

considered in the final rulemaking action taken by EPA.

Administrative Review

The Office of Management and Budget has exempted this rule from the

requirements of section 6 of Executive Order 12866.

Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 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.

sections 603 and 604. Alternatively, EPA may certify that the rule will

not have a significant 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. The proposed action affects only major stationary

sources, as defined by 40 CFR 52.21, will not result in any additional

requirements for small entities. Therefore, I certify that this action

does not have a significant impact on a substantial number of small

entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur

oxides.

Authority: 42 U.S.C. 7401-7642.

Dated: July 7, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-17690 Filed 7-19-94; 8:45 am]

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