Clean Air Act Reclassification; Arizona-Phoenix Nonattainment Area; Ozone; Extension of Plan Submittal Deadline

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[AZ-001-BU; FRL-6183-7]

Clean Air Act Reclassification; Arizona-Phoenix Nonattainment

Area; Ozone; Extension of Plan Submittal Deadline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 6, 1997, EPA published a rule announcing our

finding that the Phoenix, Arizona, metropolitan area had failed to

attain the 1-hour national ambient air quality standard for ozone as

required by the Federal Clean Air Act (CAA or the Act). This finding

resulted in the area being reclassified by operation of law from a

``moderate'' to a ``serious'' ozone nonattainment area. In the rule, we

also set a deadline of December 8, 1998 for Arizona to submit the

revisions to its implementation plan that are needed to meet the Act's

requirements for serious ozone nonattainment areas. In this action, we

are extending the submittal deadline to March 22, 1999.

DATES: This rule is effective on January 4, 1999 without further

notice, unless EPA receives adverse comments by December 7, 1998. If

EPA receives such comment, it will publish a timely withdrawal Federal

Register informing the public that this rule will not take effect.

ADDRESSES: Please address comment to Frances Wicher, Office of Air

Planning (AIR-2), U.S. Environmental Protection Agency, Region 9, 75

Hawthorne Street, San Francisco, California 94105. We have also placed

a copy of this document in the air programs section of our website at

www.epa.gov/region09/air.

FOR FURTHER INFORMATION CONTACT: Frances Wicher at (415) 744-1248 or

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

What Action Is EPA Taking in This Rule?

EPA is extending by three and one-half months, until March 22,

1999, the

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date by which the State of Arizona must submit the revisions to the

Phoenix metropolitan area's state implementation plan (SIP) that are

needed to meet the Clean Air Act's requirements for serious ozone

nonattainment areas. These revisions include a demonstration that the

area will meet the 1-hour ozone standard as expeditiously as

practicable but no later than November 15, 1999; a demonstration that

the plan provides for at least a 9 percent reduction in ozone

precusors; a current, comprehensive, and accurate emissions inventory;

an enhanced vehicle inspection and maintenance program; and contingency

measures.1

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\1\ This extension of the submittal deadline does not affect the

submittal dates for the enhanced ozone monitoring program elements

that are required for serious ozone nonattainment areas by CAA

section 182(c)(1). These dates are already required by regulations

at 40 CFR part 58. The extension also does not affect the submittal

date for the clean fuel vehicle program required by section

182(c)(4) which is established in section 246(a)(3) of the Act as 1

year from the effective date of the reclassification.

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The previous submittal deadline for the serious area plan was

December 8, 1998. We set this date at the same time we found the

Phoenix moderate ozone nonattainment area had failed to attain the

ozone standard by its required deadline of November 15, 1996. See 62 FR

60001 (November 6, 1997).

What Is EPA's Authority To Set Submittal Dates?

When an area is reclassified, we have the authority under section

182(i) of the Act to adjust the Act's submittal deadlines for any new

SIP revisions that are required as a result of the reclassification. If

a State fails to submit a complete plan by the required deadline, the

area is potentially subject to sanctions and a federally-imposed

implementation plan under sections 179(a) and 110(c) of the Act.

Why Did EPA Originally Set the Submittal Deadline at December 8, 1998?

The Phoenix reclassification was proposed on September 2, 1997. See

62 FR 46229. At that time, we also proposed that the serious area plan

be due twelve months from the effective date of the final

reclassification. We selected the 12-month schedule instead of the more

usual 18-month schedule for submittal of a revised plan in order to

ensure that the revised air quality plan would be submitted before the

beginning of the ``ozone season'' in 1999. The ozone season generally

occurs during the summer months from mid-May to October when high

temperatures and extended daylight hours create the conditions most

conducive to ozone formation. Setting the submittal deadline before the

beginning of the 1999 ozone season helps ensure that additional

controls would be in place to reduce ozone concentrations during this

season. The 1999 ozone season is the one that procedes the November 15,

1999 attainment deadline for serious ozone nonattainment areas.

For Phoenix, we received comments opposing the 12-month deadline as

too short to develop the needed plan; however, none of the commenters

proposed an alternative time frame. We, therefore, set a submittal

deadline of 12 months from the effective date of the final

reclassification. For Phoenix, this resulted in a December 8, 1998

submittal deadline.2

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\2\ The effective date was subsequently reset to February 13,

1998 because the original final action was not submitted to Congress

prior to its original effective date as required by the

Administrative Procedures Act. We issued a technical correction to

the effective date on February 13, 1998; however, we retained the

December 8, 1998 submittal deadline for submittal of the serious

area plan.

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What Impact Will Extending the Deadline Have on the Area's Ability to

Attain the 1-Hour Ozone Standard?

In Phoenix, high levels of ozone are most likely to occur during

the ozone season from mid-May until late September. To reduce ozone

concentrations in the upcoming 1999 ozone season, the State will need

to implement additional controls prior to the beginning of this ozone

season. The March 22 submittal deadline for the serious area plan is

still well before the beginning of the Phoenix ozone season; therefore,

extending that deadline should not affect the State's ability to

implement needed controls by the beginning of the 1999 ozone season.

However, the March 22 deadline still provides us with an approximately

60-day period prior to the start of the ozone season for determining

that the State has submitted a complete plan. For this reason, we do

not believe that the extension of the submittal deadline will adversely

impact air quality in the Phoenix area.

II. What If I Want To Comment on This Action?

We are publishing this rule as a ``direct'' final action without

first proposing the rule and providing an opportunity for public

comment. We are finalizing this rule directly because we believe this

is noncontroversial and do not expect to receive unfavorable comments

on it. However, in the ``proposed rules'' section of this Federal

Register publication, we are also publishing a separate document to

serve as the proposal should adverse comments be received. This final

rule will be effective January 4, 1999 without further notice from us

unless we receive unfavorable comments by December 7, 1998.

If we do receive adverse comments, then we will publish a document

in the Federal Register withdrawing this final rule and informing the

public that the rule will not take effect. We will then address all

public comments in a later final rule.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's action would simply extend the deadline for submittal of a

plan required by the Clean Air Act; therefore, it will not create a new

mandate on state, local or tribal governments. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an

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environmental health or safety risk that EPA has reason to believe may

have a disproportionate effect on children. If the regulatory action

meets both criteria, EPA must evaluate the environmental health or

safety effects of the planned rule on children, and explain why the

planned regulation is preferable to other potentially effective and

reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045 because it is neither

economically significant nor does it involve decisions intended to

mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This action will not have a significant impact on a

substantial number of small entities because it simply extends the

deadline for the State of Arizona to submit an already-mandated

requirement. Because the State of Arizona is not a ``small entity''

under RFA and this action does not create any new requirements, I

certify that this action will not have a significant economic impact on

a substantial number of small entities.

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that this action extending the deadline for

submittal of an already-required plan does not include a Federal

mandate that may result in estimated annual costs of $100 million or

more to either State, local, or tribal governments in the aggregate, or

to the private sector. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action.

G. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) of the Administrative Procedures Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives and the Comptroller General of the General Accounting

Office prior to publication of the rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by January 19, 1999. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, ozone.

Date: October 24, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

[FR Doc. 98-29820 Filed 11-19-98; 8:45 am]

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