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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-4875-2]

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

Area; State of Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPR).

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SUMMARY: The purpose of this action is to propose approval and seek

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 and requests for a public hearing must be received on

or before May 18, 1994.

ADDRESSES: Written comments should be addressed to: Kelly Fortin, Air

and Toxics Division (A-5-1), U.S. Environmental Protection Agency, 75

Hawthorne Street, San Francisco, CA 94105-3901. Requests for a public

hearing shall be in writing to the above address and shall state the

nature of the issues proposed to be raised in the hearing. Any hearing

will be strictly limited to the subject matter of the proposal.

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: Kelly Fortin, Air and Toxics Division

(A-5-1), USEPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105-

3901, (415) 744-1259.

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 applies to areas of special national or regional value from

a natural, scenic, recreational, or historic perspective. The PSD

regulations provide special protection for such areas. 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.

Under the 1977 amendments to the Act, all areas of the country that

met the National ambient air quality standards were initially

designated Class II, except for certain international parks, wilderness

areas, national memorial parks, national parks, and any other areas

previously designated Class I.1 Section 164 of the Act allows

States and Indian governing bodies to reclassify areas under their

jurisdiction to accommodate the social, economic, and environmental

needs and desires of the local population. Reservations that have

previously been reclassified as Class I areas include the Northern

Cheyenne, Fort Peck, and Flathead Reservations in Montana and the

Spokane Reservation in Washington.

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\1\The 1990 CAA Amendments included provisions to allow the

boundaries of existing Federal Class I areas to be expanded, but no

new Class I areas were created.

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A Class I redesignation will result in lowering the allowable

increases in ambient concentrations of particulate matter, sulfur

dioxide, and nitrogen dioxide on the Reservation. Only facilities

defined by the PSD regulations, 40 CFR 52.21, as major stationary

sources or major modifications are required to perform an air quality

impact analysis for Class I and Class II areas. These facilities are

typically large industrial sources such as refineries and electric

utilities.

It is important to note that no new permits and no new substantive

requirements are applicable as a result of a redesignation to Class I.

The same analyses and control technology requirements apply as if the

area was designated as Class II. The difference between the two

designations, in this case, is that the maximum increase in ambient

concentration of a given pollutant2 allowed over a baseline

concentration is lower in a Class I area. This affords a Class I area

greater protection from the cumulative impacts of many facilities

locating in and around the Class I area.

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\2\There are currently PSD increments established for nitrogen

dioxide, sulfur dioxide, and particulate matter. 40 CFR 52.21(c).

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Typically a facility must be upwind of and quite close to a Class I

area for it to have a significant impact (greater than 1 microgram per

cubic meter). Facilities that are not found to have a significant

impact may usually construct without performing a ``full'' (detailed)

air quality analysis. Those facilities that may have a significant

impact on a Class I area must perform a more detailed air quality

analysis and may be required to propose and apply mitigation measures

to reduce emissions to a level that will have an insignificant impact

on the Class I area.

Yavapai-Apache Request for Redesignation

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

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

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

With their request, the Tribal Council submitted an Air Quality

Redesignation Plan, documentation of public notification, a record of

the public hearing held on October 21, 1993, and comments received by

the Tribal Council on the proposed redesignation.

The Yavapai-Apache Reservation is located in the Verde Valley of

Central Arizona about 90 miles north of Phoenix and 55 miles south of

Flagstaff. The Reservation was established by Executive Order in 1871

and is composed of five land parcels, totalling 635 acres, held by the

Federal Government as trust lands.

The main parcel, the Middle Verde Reservation, is approximately 458

acres and is located two miles west of Interstate 17. A second parcel,

the Camp Verde Reservation, is located approximately five miles

southeast of the main parcel, adjacent to the town of Camp Verde, and

is forty acres. The Clark Reservation, a parcel of 58.5 acres, is

located in Clarkdale, 25 miles northwest of the Middle Verde

Reservation. A forth parcel, the Rimrock Reservation, is located in

Rimrock about 10 miles east of the main parcel and consists of 3.75

acres. The fifth parcel, approximately 75 acres, is located on

Interstate 17 near the entrance to the Montezuma Castle National

Monument and is intended for commercial development.

Statutory and Regulatory Requirements for Redesignation

Section 164 of the Clean Air Act and Federal regulations set forth

at 40 CFR 52.21(g) outline the 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 by the appropriate Indian Governing Body. Under

section 164(b)(2) and 40 CFR 52.21(g)(5), EPA may disapprove a

redesignation only if it finds, after notice and opportunity for

hearing, that the redesignation does not meet the procedural

requirements of section 164 or is a mandatory Class I area that may not

be redesignated. The latter does not apply to the area proposed for

redesignation. In addition, the Indian Governing Body may resubmit the

proposal after correcting any deficiencies noted by the Administrator.

The procedural requirements for a Class I redesignation by an

Indian Governing Body are as follows: (1) At least one public hearing

must be conducted in accordance with the requirements set forth at 40

CFR 51.102; (2) other States, Indian Governing Bodies, and Federal Land

Managers whose lands may be affected by the proposed redesignation must

be notified at least 30 days prior to the public hearing; (3) at least

30 days prior to the public hearing, a satisfactory description and

analysis of the health, environmental, economic, social and energy

effects of the proposed redesignation must be prepared and made

available for public inspection and be referenced in the public hearing

notice; (4) if any Federal lands are included in the redesignation, the

redesignating authorities must provide written notice to the

appropriate Federal Land Managers and an opportunity to confer and

submit written comments and recommendations; (5) the Indian Governing

Body must consult with the State(s) in which the Reservation is located

and that border the Reservation.

Tribal Council Submittal

The December 17, 1993 request for redesignation includes evidence

that all of the statutory and regulatory requirements for redesignation

of the Yavapai-Apache Reservation from Class II to Class I have been

met by the Yavapai-Apache Tribal Council. The Yavapai-Apache Tribal

Council is the Indian Governing Body for the Yavapai-Apache

Reservation, and only lands within the exterior boundaries of the

Reservation are proposed for redesignation.

Pursuant to 40 CFR 51.102, the Tribal Council conducted a public

hearing on October 21, 1993 at the Clarkdale Community Building in

Clarkdale, Arizona. Notice of the hearing was provided to the required

parties and numerous other public agencies and interested parties, was

posted in public locations, and was provided to national and local

media. A description and analysis of the health, environmental,

economic, social, and energy effects of the proposed redesignation

entitled, ``Yavapai-Apache Tribe Air Quality Redesignation Plan,'' was

completed in September 1993, and its availability was announced in the

public hearing notices. Evidence that the Tribe consulted with State

officials prior to proposing the redesignation is also included in the

submittal. Therefore, the documentation submitted by the Tribal Council

shows that all statutory and regulatory procedural requirements for

redesignation have been met.

Summary of Action

Since EPA's review has not revealed any procedural deficiencies,

the redesignation is hereby proposed for approval. The public is

invited to comment on whether the Tribal Council has met all the

procedural requirements of section 164 of the Act. Comments should be

submitted to the address listed in the front of this document. Public

comments received by May 18, 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. 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. 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

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: April 4, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-9293 Filed 4-15-94; 8:45 am]

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