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Citation: 53 Fed. Reg. 30220 1988

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### 30220 Federal Register 

# I Vol. 53, No. 154 

# / Wednesday, August 10, 1988 

# / Rules and Regulations 

### ENVIRONMENTAL PROTECTION
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 52

[FRL-3427-51
Approval and Promulgation of Implementation Plans; Arizona State Implementation Plan Revision;Pima County Carbon Monoxide Plan

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: This notice announces EPA's final action to approve revisions submitted by the State ofArizona on October 5, 1987;January 6, 1988; and March 23, 1988 to the carbon monoxide (CO) state implementation plan (SIP) for the Tucson CO Planning Area (Pima County). This action is based on EPA's conclusion that the control measures and attainment demonstration submitted with the plan meet the requirements ofsection 110 and Part D ofthe Clean Air Act and strengthen the existing SIP. EPAbelieves that the Pima COplan includes a persuasive demonstration oftimely attainment of the CO standard using all reasonably available control measures. EPA is also approving the 1986 and 1987 inspection and maintenance (I/M) legislation for both Pima and Maricopa Counties. EPA is also approving Pima County's new

source review (NSRI regulations adopted on July 16, 1985 and NSR commitments consistent withEPA .requirements submittedby the State of Arizona on July22, 1988.With the full approval ofthe Pima SIP, EPA is lifting the construction ban on major new stationary sources and major modifications ofCO sources imposed on September 23, 1986 (51 FR 33746). EFFECTIVE DATE: August 10, 1988.

FOR FURTHER INFORMATION CONTACT: Wallace Woo, Chief, State Liaison Section (A-2-2), AirManagement Division, Environmental Protection Agency, Region 9, 215Fremont Street, San Francisco, CA 94105, (415) 974-7634, FTS: 454-7634.

SUPPLEMENTARY INFORMATION:

I.Background

A briefbackground of the Clean Air Act (CAA orthe Act) and the history of the Pima County SIP is provided here. Fora more comprehensive discussion of the relevant requirements ofthe CAA and EPA's regulatory actions on the Pima SIP, see the proposed approval of the SIPrevision for Pima County (53 FR 14818, April 26, 1988). The CAA amendments of 1977 required states to revise their state implementation plans by certain times for all areas thathad not then attained the National Ambient Air Quality Standards (NAAQS). Part D ofthe CAA allowed "nonattainment" areas to provide for attainment by no later than December 31, 1982, with the addition that certain areas, in which it was "not possible," despite implementation ofall reasonably available controlmeasures,
to meet that deadline for ozone and/or CO attainment demonstration, could apply for a further extension to December 31, 1987.

A large portion ofPima County was designated as nonattainment for CO on March 3, 1978 (43 FR 8970). The State submitted Pima County's initial nonattainment area plan for CO in 1978. On May 24, 1982, the State submitted a request to EPA to extend the CO attainment date in Pima County to December 31, 1987.

On July 7, 1982 (47FR 29532), EPA took final action to approve the 1978 SIP revision on the condition that the State submit revised regulations for Pima County to meet EPA's NSR requirements. On February 3, 1984, the State submitted proposed revisions to the 1978 CO plan, including an evaluation ofcontrol options for the county, adjustments to thebaseline and projected data assumptions, and a new section relating to "hotspot" control. On March 1, 1985 (50 FR 8346), EPA proposed to approve and incorporate into the SIP the COcontrol measures submitted bythe State in 1984 but deferred action on whether the attainment demonstration and new

measures met the requirements of Part D.

On July 16, 1985, the Pima County Health Department (PCHD) adopted

new NSR regulations and on May 9, 1986 (51 FR 17210), EPA proposed to approve the Pima rules ifthe State and the PCHD submitted additional revisions to their rules to remedy certain deficiencies.

On January 27, 1986 (51 FR 3346), EPA proposed (1)to find that the Pima County COplan, as revised in 1984, did
not demonstrate attainment ofthe CO standard as expeditiously as practicable

as required by section 172 of the CAA, and (2) based on that finding, to impose

a moratorium under section 110(a)(2)(1) of the CAA on major new construction and major modifications of stationary

sources ofCO in the Tucson CO Air Planning Area. In the same notice, EPA also proposed to deny the State's request for an attainment date extension
to December 31, 1987. On September 23, 1986 (51 FR 33746), EPApublished a final notice disapproving the CO plans for both the Maricopa and Pima Counfies nonattainment areas and imposed the section 110(a)(2)(1) construction ban on major new sources and major modifications to sources of CO in the two areas. In this final notice, EPA did not take action on the State's attainment date extension request.

On August 10, 1987, the U.S. District Court for the District ofArizona ordered EPA to promulgate a federal implementation plan (FIP) under section 110(c) of the CAA for CO in the Maricopa and Pima Counties nonattainment areas. The Court found that EPA's duty to promulgate a FIP

arose when EPA found that the State plans were inadequate. The Court Order is the result ofa citizen suit brought against EPA on April 8, 1985, by the Arizona Centerfor Law in the Public Interest (ACLPI).

On January 6, 1988, the State submitted to EPA the final Pima CO plan. The plan contains commitments to implement control measures by the five jurisdictions in the Pima County nonattainment area and demonstrates attainment ofthe CO standard by early 1990. Attainment is demonstrated with the Federal Motor Vehicle Control Program (FMVCP), the State's 1/M
program, existing traffic flow improvements, and programmed roadway improvements. On April 26, 1988 (53 FR 14818), EPA proposed to approve the control measures adopted by the State and localjurisdictions. Because the SIP submittal demonstrates the attainment and maintenance of the CO standard within the timeframe that EPA believes applies after 1987 by virtue ofthe unique circumstances ofthe Pima County area, EPAconcluded that a FIP for Pima County would not be

necessary.
II. Plan Approval

The Pima CO plan provides for attainment of the CO standard with reasonably available control measures in 1990.The mass transit expansion and other control measures adopted by Pima Countyjurisdictions, as well as the I/M program approved today, and the FMVCP, will result in attainment ofthe standard in 1990 and maintenance consistent with the ten-year maintenance period described inEPA's November 24, 1987 proposal on post1987 planning. In a separate section of today's Federal Register,EPA is proposing to approve the recently passed State oxygenated fuels program and the locally adopted travel reduction ordinances as additional measures in .thePima CO SIP. Although these new

measures will not by themselves be 

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sufficient to advance the 1990 attainment date, they will provide extra

assurances that Pima County will attain the CO standard in 1990 and maintain it thereafter. The measures that EPA is proposing to approve today will also

serve the function ofa contingency provision EPA might otherwise require to insure that additional reductions would be forthcoming in the event of unanticipated shortfalls in planned emission reductions. InspectionandMaintenance Program

In the April 26, 1988NPRM forthis notice, EPA proposed to approve the following I/Mprogram rules which were submitted as SIP revisions by the State

on October 5, 1987: R9-3-1001 Definitions; R9-3-1003 Vehicles to be inspected by the mandatory vehicular emissions inspections program; R9-3- 1005 Time of inspection; R9-3-1006 Emissions test procedure; R9-3-1008 Procedure forissuing certificates of waiver; R9-3-1009 Tampering repair requirements; R9-3-1010 Low emissions tune-up; R9-3-1011 Vehicle inspection report; R9-3-1013 Reinspections; R9-3- 1016 Licensing ofinspectors; R9-3-1018 Certificate of inspection; R9-3-1019 Fleet station procedures and permits; R9-3-1025 Inspection ofstate stations; R9-3-1026 Inspection offleet stations; R9-3-1027 Registration of emission analyzers and opacity meters; R9-3-1028 Certification ofusers ofregistered analyzers and analyzer repair persons; R9-3-1030 Visible emissions: Mobile
sources; and R9-3-1031 Standards for evaluating aftermarket catalytic
converters. No comments from the public regarding the proposed approval 

### of these rules were received. These revisions to the I/Mprogram substantially enhance the program's effectiveness; therefore, EPA takes final action to approve these rules as part of the Arizona SIPfor both Maricopa and Pima Counties.

In the NPRM, EPA also proposed to approve the following portions of 1987 Arizona State legislation (Senate Bill 1360), submitted as a SIPrevision on 

### March 23, 1988:Section 6: ARS 15- 1444-C(added); Section 7: ARS 15-1627- 

### F(added); Section 21: ARS49-542- A(amended): Section 21: ARS 49-542- E(added); Section 21: ARS 49-542- 

### J.3.(b)(amended): and Section 23: ARS 49-550-E(added). No comments from the publicwere received regarding this proposal. Because this legislation further enhances the Arizona I/M program, EPA takes final action to approve these revisions to the I/M program as part of 

### theArizona SIPfor both Maricopa and Pima Counties. As noted in the NPRM, EPA is allowing credit for Senate Bill 1360 emission reductions based upon the legislation, because the legislation provides specific and enforceable amendments to the State's I/M program. The State is expected to submit toEPA

as a SIPrevision changes to the State's regulations conforming to the legislation. These regulations will be approved in a separate Federal Register action.

New SourceReviewRules

In the proposal for today's notice, EPA indicated that it was reviewing Pima's NSR rules to determine whether they could be approved in theircurrent form inlight of the deficiencies noted in EPA's May 9, 1986, proposal to approve the NSR rules (51 FR 17210). The May 9, 1986,Federal Registernotice also identified deficiencies in the State's NSR rules, which had been proposed for approval on November 12, 1981 (46FR 55714). EPAhas concluded that the NSR rules for Pima County and the State of Arizona cannow be fully approved based upon commitments by Pima County and the State ofArizona to implement theirNSR rules consistent with EPA'srequirements. EPA has determined that the rules as written are adequate to meet the requirements of40 CFR 51.165(a) ifcertain ambiguous provisions are always interpreted consistent with EPA's requirements. The State submitted a letter forthe State on June 1, 1988, and a letter forPima County on July 22, 1988, making all of the necessary commitments. These commitment letters, which are appended
to the TSD for thisnotice, concern stack heights, temporary sources, growth allowances, net emission decreases, reasonable further progress, volatile organic compounds, stationary sources, allowable offsets, permittee responsibility and visibility protection. Both commitment letters havebeen forwarded to theOffice of the Federal Register for incorporation by reference into the Code ofFederal Regulations as enforceable components ofthe Pima CO SIP.As such they are federally enforceable against both Pima County and the State ofArizona under sections 113 and 304 ofthe Act.The commitments are also enforceable through citizen suit under section 304 of the Act. Approvalof ArizonaH.. 2206
In a separate section of today's Federal Register. EPA is taking final action to approve SIPrevisions that provide for attainment and maintenance ofthe carbon monoxide standard in Maricopa County and provide additional assurance ofmaintenance in Pima County.Two specific measures, the loaded-mode inspection and maintenance testing program and the voluntary no-drive-day program, are State mandated programs developed as SIPrevisions inArizona H.B. 2206 and submitted toEPA on July 18, 1988. A brief description ofhow these measures apply in Pima Countyfollows.

A.Loaded-Mode Inspection and Maintenance Testing

Currently the Arizona I/Mprogram passes orfails vehicles based on their exhaust emission concentrations under curb idle conditions. Section 18 of1-.B. 2206 amends section 49-542 Fofthe Arizona Revised Statutes, to require beginning on January 1, 1989, that 1981 and newer vehicles passboth curb-idle mode and loaded-mode emissions tests. Fleet operators who have obtained a permit to test their own vehicles are allowed to substitute a 2500revolutionsper-minute mode for the loaded-mode portion ofthe test to avoid the need for dynamometers at the fleet operators test sites.

EPAhas calculated the expected incremental benefit of loaded testing using MOBILE3 which contains EPA's standard estimates ofthe I/M reductions forboth idle and loaded-plusidle testing. Inputs for average speed, registration mix, tampering/misfueling rates, and I/M stringency were those recommended by the Arizona Department ofEnvironmental Quality (ADEQ) as being representative for Phoenix.Inputs specific to Tucson would be only slightly different and the effect on theresulting CO credit would be small. Theincremental COreduction from loaded-mode testing was calculated by EPA to be 4.0 percent in December 1991. Amore complete discussion offactors related to this calculation is contained in the technical support document (TSD)for the Maricopa County CO plan approval.

B. Voluntary No-Drive-Day Program

In its proposal on the Maricopa SIP on May 16, 1988, EPA listed three criteria for approving voluntary no-drive-day
programs for emissions reduction credit. These criteria are assurance ofadequate annual funding, the existence of an institutional framework meeting the requirements ofCAA section 172(b)(10), and the development ofa monitoring
program to assess and verify the impact ofthe program.

H.B. 2206in section 17 requires a County with a population ofmore than 400,000 (effectivelyPima and Maricopa Counties) to institute a voluntary nodrive-day program. With the County

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having clearresponsibility for implementation, theprogram meets the institutional requirements ofCAA section 172(b)(10). H.B. 2206 also requires the ADEQ to fund the voluntary no-drive-day programs from the Air Quality Fund; therefore, long-term funding ofthe program is assured. Based

on the legislation meeting the first two criteria, EPA is approving the voluntary no-drive-day program as part ofa CO maintenance program inPina County. Because a monitoring protocol toassess and verify the impact ofthe program is still lacking, EPA is not at this time proposing to approve a specific emission reduction credit for theprogram. Before EPA can approve a specific emission reduction credit for this measure, the State must submit a monitoring protocol for the program and any supporting documentation on the effectiveness of such a program in Pima County. Should the State submit this information, EPA will at that time revisit the issue ofan emission reduction credit in the Pima SIPfor a voluntary no-drive-day program.
Ill.Response To Comments

EPA received letters from four
commenters in response to its proposed approval of the Pima CO SIP.The legal issues raised by the ACLPI are addressed below.A summary ofand complete responses to all comments can be found in the TSD for this notice.

ACLPI commented that the attainment date for the Pima area should not be three years fromthe date ofSIP approval. ACLPI argued that after
passage of the statutory Part D attainment dates,EPA should interpret the Act asrequiring attainment at the
soonest time, essentially withoutregard
to practicalities, inorder to implement Congressional intent in setting the original deadlines. As EPA has previously explained in full, EPA believes that after December 31, 1987, a SIPneeds to demonstrate attainment no

more quickly than as expeditiously as practicable but by certain fixed dates. SeeEPA's proposed post-1987 attainment policy, 52 FR 45044, 45049 (November 24, 1987); the proposal for today's action, 53 FR 14818, 14819 (April 26, 1988); and EPA's proposed SIP for Maricopa County, 53 FR 17378, 17381 (May 16, 1988) for a full discussion of EPA's legal interpretation.

IfEPA were to accept ACLPI's position that post-1987 planning should provide for attainment at the soonest time, many post-1987 nonattainment

areas would have to resort to draconian

measures with drastic social and economic impacts-such as plant closings, gasoline rationing and mandatory no drive restrictions-simply because such measures are physically available to bring about attainment. EPA does not believe that Congress, ifit had addressed the post-1987 nonattainment situationnow being faced, would have required this result,

even after passage ofthe PartD dates. EPAbelieves that Congress would instead have regarded the "as expeditiously as practicable" requirement to be still inplace, albeit bounded in situations, such as that of Pima County, byfixed attainment deadlines.

ACLPI citesAmericanLung Associationv. Kean, 18Envtl.L.Rptr. 20317 (D.N.J. 1987), in support ofits position.ACLPI misinterprets that case. That case in fact interprets the Act to require "SIPimplementation 'as expeditiously aspracticable" after December 31, 1987."AmericanLung Association,Id.at 20317 (emphasis added). The case does not require SIP implementation more rapidly than practicable and does not setany outside date for attainment in the event no near term date is practicable.This case is therefore consistent with EPA's position; indeed, the "as expeditiously as practicable" formulation would actually allow for a much longer attainment period in very severe nonattainment

areas.

The Pima County SIP which EPA is approving today provides for attainment in early 1990, little more than 2 years after SIPapproval. EPA believes that this is as expeditious as practicable and well within any outside attainment date derived from sections 110(a)(2)(A) and 

### 110(e).

ACLPIcommented that the Pima CO SIP doesnot provide for implementation ofall reasonably available control

measures as required by section 172(b)(2) ofthe Act.EPA has long interpreted section 172(b)(2) as requiring implementation ofonly those available controls necessary to provide for attainment bythe applicable attainment date.This is because it would notbe reasonable to require states to implement measures that, although technologically available, would not materially advance an area's attainment date. SeeEPA's General Preamble on Part D SIP preparation, 44 FR20372, 20375 (April 4, 1979).

The Pima CO SIPprovides for attainment in 1990. EPA does not believe that any combination ofavailable controls would advance that attainment date.EPA notes that the Arizona Legislature recently passed a bill requiring the use ofoxygenated fuels in Pima County during the winter CO 

### season as well as loaded-mode testing forthe existingI/M program.EPA is proposing to approve the oxygenated fuels program and approving the loadedmode I/Mtesting as components ofthe Pima COSIP in separate sections of today's Federal Register. Although the

measures will not advance the attainment date forPima County,EPA believes that they will provide additional assurance that Pima will attain the CO standard in1990 and maintain it thereafter.

ACLPI commented that EPA could not approve the Pima CO SIP and lift the construction ban in Pima County so long

asthe plan lacks an approvable NSR component. EPA hasreviewed the Pima NSRprogram andhasdetermined that it

can be fully approved based upon Pima County's and the StateofArizona's commitments tointerpret theregulation consistent with EPA's requirements. The State submitted a letter forthe State on June 1,1988, and a letter from Pima CountyonJuly 22, 1988, making the necessary commitments.These commitment letters,which havebeen appended to theTSD for this.notice, havebeen forwarded to the Officeof Federal Register forincorporation by reference into the Code ofFederal Regulations as enforceable components ofthe Pima CO SIP.As suchthey are enforceable against Pima County and the State ofArizona under sections 113 and 304ofthe CAA, and willeffectively control any court's interpretation ofthe State's and County's intent under the NSR rules.



### ACLPI also commented that thePima CO plan does notmeet therequirement of section 172(b)(11)(A) that the NSR program require a demonstration that the benefits of aproposed source significantly outweigh the environmental and socialcosts imposed bythe source. Section 172(b)(ll)(A) technically doesnot apply at alltoPima County.The section only applies byits

ownterms to areas that received attainment date extensions to 1987. EPA has stated, however, that generally SIPs for areas that failed to attainin 1982 as planned would have tomeet all requirements applicable to extension

areas in order to demonstrate timely attainment. See "Guidance Document for Correction ofPart DSIPs for Nonattainment Areas," January 27, 1984. The Arizona NSRprogram does require

a demonstration that the benefits ofa proposed project outweigh the project's environmental costs. EPA concludes thatwith that provision Arizona's NSR program adequately complies with EPA's policy that nonextension areas that failed to attain generally meet the 30222 Federal Register / Vol. 53, No. 154 / Wednesday, August 1.0, 1988 / Rules and Regulations

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Part D requirements forextension areas to demonstrate attainment.

ACLPI commented that EPAshould be including trip reduction ordinances in the Pima CO SIP.Since the proposal on this action, EPAhas receiveda formal SIP submittal from Arizona requesting approval oftravel reduction ordinances adopted by the various Pima County localjurisdictions. EPAis proposing to approve these measures in a separate section of today's Federal Register as additional assurances that Pima County will attain the CO standard in1990and maintain itthereafter.

ACLPI commented that the Pima CO plan did not contain adequate contingency provisions. In its 1981 guidance on CO SIP preparation EPA required Part D SIPs to contain contingency measures to compensate for unanticipated shortfalls inplanned emission reductions. As previously mentioned, the Arizona Legislature recently passed an oxygenated fuels program, a loaded-mode I/M testing requirement and voluntary no-drive-day program applicable to Pima. In separate notices in today's Federal Register EPA is approving the loaded-mode and voluntary no-drive-day measures,and proposing to approve theoxygenated fuels program and thetravel reduction ordinances adopted by thePima County local jurisdictions. These measures will together provide significant additional emission reductions in Pima County that will beavailable to compensate forany unanticipated shortfalls inplanned emission reductions.These measures which have already been adopted will adequately serve the functionofthe contingency provisions EPA contemplated in 1981.
IV. Summaryof FinalAction

EPA is today takingfinal action to approve the Pima CO plan submitted to EPA on January 6,1988. The plan provides for attainment ofthe CO standard with reasonably available control measures in 1990. Therevised 1/ M regulations, the FMVCP and other control measures adopted byPima Countyjurisdictions will resultin attainment ofthe standard in 1990 and maintenance consistent with thetenyear maintenance period described in EPA's November 24. 1987 proposal on post-1987 planning.

EPA is taking final action on Pima County's NSRregulations, originally proposed for approval on May 9, 1986 (51 FR 17210). Theoriginal NSR submittal, together with implementation commitments by PimaCounty and the StateofArizona, meet therequirement of40 CFR 51.165(a). EPA isalso proposing today, in a separate Federal Registernotice, to approve two additional COcontrol

measures recently submitted by the State forincorporation into the Pima maintenance plan. The first measure includes submittal of the travel reduction ordinance regulations adopted by Pima Countyjurisdictions as part of the COplan. The second isan oxygenated fuelsprogram mandated in Arizona H.B. 2206.In addition, in a separate noticeforMaricopa County, EPAis approving two programsin H.B. 2206 that will affect Pima County. The first program is a loaded-mode I/M requirement and the second isa voluntary no-drive-day program. EPA believes these additional measures will provide further emissions reductions to strengthen the maintenance plan.

As described above,the attainment and maintenance demonstration in the Pima COplanmeets all EPA andCAA PartD criteria, including theproposed post-1987 policy,which would require a maintenance demonstration of10 years from the SIP duedate. Based on this finding, EPA alsotakes final action today to fully approve the Pima SIP as meeting all requirements ofsection 110 and 172of the CleanAir Act and therefore lifts the moratorium under section l10fa)2{I) oftheCAA on major

new construction and major modificationofstationary sources ofCO in the Tucson CO Air PlanningArea.

V. Regulatory Process

The Office ofManagement andBudget has exempted thisrulefrom the requirements ofSection 3ofExecutive Order 12291.

Undersection 307(b){1) ofthe Act, petitionsforjudicial review ofthis action mustbe filed inthe United States Court ofAppeals forthe appropriate circuit by October 11,1988. This action
may notbe challenged later in proceedings to enforce its requirements. (See section 3071bJ2)).

Listof Subjects in40 CFR Part52

Airpollution control, Carbon monoxide, Hydrocarbons, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements.

Note.-Incorporation by reference of the
State Implementation Plan forthe State of Arizona wasapproved by-the Director ofthe
Federal Register onJuly 1. 1982.

Authority:42 U.S.C. 7401-7642. Date: August 4, 1988. Lee M. Thomas,
Administrator.

Subpari D ofPart 52, Chapter 1,Title 40 ofthe Code ofFederal Regulations iq
amended as follows:

PART 52--[AMENDED]

Subpart D-Arizona

1.The authority citation forPart 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7642.
2.Section 52.120 is amended by adding paragraphs {c)(54](i) (D) and {E), (56)(i)(B), (58), (59), (60), (61), (62), (64) and (66) to read as follows: §52.120 Identificationofplan.

(c) * * * (54) * * * 

### i) * * * (D) New or amended rules R9-3-302 (paragraphsA-H); and R9-3-303 (paragraphs A to Cand E to 1), adopted

on May 26, 1982.

(E) Previously approved and now removed .(withoutreplacement) rule R9- 3-101, No. 46.

* * * * *

J56) * * * (i) * * * (B)New or amended rules

### R9-3-101, Nos. 135 and 157, adopted on September 19, 1983.

(57) [Reserved] (58) Thefollowing amendments to the plan were submitted by the Governor's designee on October 18, 1985.

(i)Incorporation byReference. (A) Pima County Health Department. (1)Newor amended regulations: Regulation 16: Rule 166; Regulation 17; Rule 171 and 175;Regulation 20: Rule 202; Regulation 37: Rules 371, 372, 373, Figure 371-A,Figure 371-C, and Figure 372; and Regulation 38, Rule 381, Al, 2, 3,4, 5,and B,adopted onDecember 6, 1983.

(59) The following amendments tothe plan were submitted by the Governor's designee on October 24,1985.

(i)Incorporationby Reference. (A) Arizona Department ofHealth Services.

(1)New oramended rule R9--3-303, adopted on September 28, 1984.

(60) The following amendments tothe plan were submitted bythe Governor's designee on October 5, 1987.

ti)Incorporation byReference. (A)Arizona Department ofHealth Services.

(1)Newor amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40, and 43, No. 

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8), R9-3-1003, R9-3-1005, R9-3-1006, R9- 3-1008, R9-3-1009, R9-3-1010, R9-3- 1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-1025, R9-3-1026, R9-3- 1027, R9-3-1028, R9-3-1030, and R9-3- 1031, adopted on December 23, 1986.

(2)Previously approved and now removed (without replacement), Rule R9-3-1014.

(61) The following amendments to the plan were submitted by the Governor's designee on January 6, 1988.

(i)Incorporation by reference. (A) The 1987 Carbon Monoxide State Implementation Plan Revision for the Tucson Air Planning Area adopted on October 21, 1987.

(62) The following amendments to the plan were submitted by the Governor's designee on March 23, 1988.

(i)Incorporation by reference. (A) Arizona Revised Statutes. (1)Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7: QRS 15- 1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21: ARS 49- 542-E (added), Section 21: ARS 49-542- J.3.(b) (amended), and Section 23: ARS 49-550-E (added), adopted on May 22, 1987.

(63) [Reserved] (64) The following amendments to the plan were submitted by the Governor's designee on June 1, 1988.

(i)Incorporation by Reference. (A) Letter from the Arizona Department ofEnvironmental Quality, dated June 1,1988, committing to administer theprovisions ofthe Federal New Source Review regulations consistent with EPA'srequirements. The commitments apply to the issuance of,

orrevision to, permits for any source which is a major stationary source or major modification as defined in40 Code ofFederal Regulations, Part 51, Subpart I.

(65) [Reserved] (66)The following amendments to the plan were submitted by the Governor's designee on July 22, 1988.

(i)Incorporation by Reference. (A) Letter from the PimaCounty Health Department, Office of Environmental Quality, dated April 24, 1988 committing to administer the Now Source Review provisions oftheir regulations consistent with EPA's requirements. The commitments apply to the issuance of, orrevision to, permits for any source which is a major stationary source ofmajor modification

as defined in 40 Code ofFederal Regulations, Part 51, Subpart 1. §52.124 [Amended]
3. Section 52.124 is amended by removing paragraph (a)(2). [FR Doc. 88-18081 Filed 8-9-88; 9:46 am]

BILLING CODE 6560-50-M

40 CFR PART 52
[FRL-3427-6]
Approval and Promulgation of Implementation Plans; Arizona State Implementation Plan Revision; Maricopa County Carbon Monoxide Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: This notice announces EPA's final action to approve revisions to the carbon monoxide (CO) state implementation plan (SIP)for the Maricopa County (Phoenix) CO nonattainment area that were submitted by the State ofArizona on October 5, 1987, and July 18 and 22, 1988. In itsMay 16, 1988, notice ofproposed rulemaking (NPRM) (52FR 17379), EPA proposed to approve certain control measures in the 1987 Maricopa CO plan; however, those

measures did not by themselves provide sufficient emission reductions to demonstrate timely attainment ofthe CO standard'in Maricopa County.In response to the plan's failure to demonstrate timely attainment and to an order by the U.S. District Court for the District ofArizona, EPAalso proposed in the same notice to promulgate a federal implementation plan (FIP)for Maricopa County.This proposed FIP contained two measures-an oxygenated fuels program formotor vehicles and an employer-based trip reduction program-which together with theproposed SIP measures would have provided sufficient emission reductions
to demonstrate attainment by December 31, 1991. As fully discussed in the May 16 proposal and later in this notice, EPA believes thatthe December 31, 1991 date is the latest date by which an approvable Arizona SIPmay demonstrate attainment under the Clean Air Act and EPA's own policies in light of thepossibility ofattainment by then without the use ofdraconian measures.

In June, 1988, the Arizona State Legislature passed House Bill 2206 which contains a state-run oxygenated fuels program, a travel reduction program, a loaded-mode testing requirement for the State's inspection and maintenance (I/M)program, and other measures. Two of those measures, the loaded-mode I/M test requirement and the voluntary no-drive-day program apply to both Maricopa and Pima Counties. On July 18 and 22, 1988, the State submitted portions ofH.B. 2206 and a persuasive demonstration that the

measures in the bill along with the SIP

measures proposed for emission reduction credit by EPA on May 16 will lead to attainment ofthe CO standards inMaricopa by December 31, 1991. In its May 16 notice, EPA had proposed in advance to approve the measures similar to those inH.B. 2206 ifthe State adopted and submitted them to EPA prior to August 10, 1988. Today, EPA takes final action to approve the SIP Submittals received by EPA on October 5, 1987, and July 18 and 22, 1988. EPA takes this actionbased on its conclusion thatthe control measures and the attainment demonstration fully meet the requirements of section 110 and PartD of the Clean Air Act (CAA or the Act). EPA is alsotaking final action to approve the Maricopa County New Source Review (NSR)regulations proposed for approval on July 3, 1983 (48 FR 34293).

With its full approval ofthe Maricopa SIP, EPA iswithdrawing its proposed FIP and theproposal to impose highway funding restrictions under CAA section 176(a) which were proposed on May 16, 1988. In addition, EPAis lifting, effective today, the section 110(a)(2)(I) construction ban on major new or modified sources ofCO that it imposed

on September 23, 1986 (51 FR 33746). EFFECTIVE DATE: August 10, 1988.
ADDRESSES: Copies of the submitted SIP revisions and EPA's technical support document (TSD) for this rulemaking are available for public inspection during normal working hours at the following addresses:

Environmental Protection Agency,

Region 9, State Liaison Section, A-2-2, AirManagement Division, 215 Fremont Street, San Francisco, CA 94105
Arizona Department of Environmental

Quality, Office ofAir Quality, 2005 N. Central Avenue, Sixth Floor, Phoenix, Arizona 85004 Maricopa Association of Governments,

1820West Washington, Phoenix, Arizona 85007

FOR FURTHER INFORMATION CONTACT: Wallace D. Woo, Chief, State Liaison Section (A-2-2), Air Management Division, Environmental Protection Agency, Region 9, 215 Fremont Street, San Francisco, CA 94105, (415) 974-7634, FTS: 454-7634

HeinOnline -- 53 Fed. Reg. 30224 1988