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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 of Arizona 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 of section 110 and Part D

of the Clean Air Act and strengthen the

existing SIP. EPA believes that the Pima

CO plan includes a persuasive

demonstration of timely 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 with EPA

.requirements submitted by the State of

Arizona on July 22, 1988. With the full

approval of the Pima SIP, EPA is lifting

the construction ban on major new

stationary sources and major

modifications of CO 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), Air Management

Division, Environmental Protection

Agency, Region 9, 215 Fremont Street,

San Francisco, CA 94105, (415) 974-7634,

FTS: 454-7634.

SUPPLEMENTARY INFORMATION:

I. Background

A brief background of the Clean Air

Act (CAA or the Act) and the history of

the Pima County SIP is provided here.

For a more comprehensive discussion of

the relevant requirements of the CAA

and EPA's regulatory actions on the

Pima SIP, see the proposed approval of

the SIP revision 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 that had not then attained

the National Ambient Air Quality

Standards (NAAQS). Part D of the 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 of all

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 of Pima 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 (47 FR 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 of control options for the

county, adjustments to the baseline 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 CO control measures

submitted by the 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 if the 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 CO plan, as revised in 1984, did

not demonstrate attainment of the 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 of CO 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), EPA published 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 of Arizona 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 of a citizen suit brought

against EPA on April 8, 1985, by the

Arizona Center for 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 of the 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 local jurisdictions.

Because the SIP submittal demonstrates

the attainment and maintenance of the

CO standard within the timeframe that

EPA believes applies after 1987 by

virtue of the unique circumstances of the

Pima County area, EPA concluded 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

County jurisdictions, as well as the I/M

program approved today, and the

FMVCP, will result in attainment of the

standard in 1990 and maintenance

consistent with the ten-year

maintenance period described in EPA'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

.the Pima 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 of a contingency

provision EPA might otherwise require

to insure that additional reductions

would be forthcoming in the event of

unanticipated shortfalls in planned

emission reductions.

Inspection and Maintenance Program

In the April 26, 1988 NPRM for this

notice, EPA proposed to approve the

following I/M program 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 for issuing 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 of inspectors; R9-3-1018

Certificate of inspection; R9-3-1019

Fleet station procedures and permits;

R9-3-1025 Inspection of state stations;

R9-3-1026 Inspection of fleet stations;

R9-3-1027 Registration of emission

analyzers and opacity meters; R9-3-1028

Certification of users of registered

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/M program

substantially enhance the program's

effectiveness; therefore, EPA takes final

action to approve these rules as part of

the Arizona SIP for 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 SIP revision on

March 23, 1988: Section 6: ARS 15-

1444-C(added); Section 7: ARS 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). No comments from the

public were 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

the Arizona SIP for 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 to EPA

as a SIP revision changes to the State's

regulations conforming to the legislation.

These regulations will be approved in a

separate Federal Register action.

New Source Review Rules

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 their current form

in light of the deficiencies noted in

EPA's May 9, 1986, proposal to approve

the NSR rules (51 FR 17210). The May 9,

1986, Federal Register notice also

identified deficiencies in the State's NSR

rules, which had been proposed for

approval on November 12, 1981 (46 FR

55714). EPA has concluded that the NSR

rules for Pima County and the State of

Arizona can now be fully approved

based upon commitments by Pima

County and the State of Arizona to

implement their NSR rules consistent

with EPA's requirements. EPA has

determined that the rules as written are

adequate to meet the requirements of 40

CFR 51.165(a) if certain ambiguous

provisions are always interpreted

consistent with EPA's requirements. The

State submitted a letter for the State on

June 1, 1988, and a letter for Pima

County on July 22, 1988, making all of

the necessary commitments. These

commitment letters, which are appended

to the TSD for this notice, 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 have been

forwarded to the Office of the Federal

Register for incorporation by reference

into the Code of Federal Regulations as

enforceable components of the Pima CO

SIP. As such they are federally

enforceable against both Pima County

and the State of Arizona under sections

113 and 304 of the Act. The

commitments are also enforceable

through citizen suit under section 304 of

the Act.

Approval of Arizona H.. 2206

In a separate section of today's

Federal Register. EPA is taking final

action to approve SIP revisions that

provide for attainment and maintenance

of the carbon monoxide standard in

Maricopa County and provide

additional assurance of maintenance 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

SIP revisions in Arizona H.B. 2206 and

submitted to EPA on July 18, 1988. A

brief description of how these measures

apply in Pima County follows.

A. Loaded-Mode Inspection and

Maintenance Testing

Currently the Arizona I/M program

passes or fails vehicles based on their

exhaust emission concentrations under

curb idle conditions. Section 18 of 1-.B.

2206 amends section 49-542 F of the

Arizona Revised Statutes, to require

beginning on January 1, 1989, that 1981

and newer vehicles pass both 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 2500 revolutionsper-minute mode for the loaded-mode

portion of the test to avoid the need for

dynamometers at the fleet operators

test sites.

EPA has calculated the expected

incremental benefit of loaded testing

using MOBILE3 which contains EPA's

standard estimates of the I/M

reductions for both 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 of Environmental Quality

(ADEQ) as being representative for

Phoenix. Inputs specific to Tucson

would be only slightly different and the

effect on the resulting CO credit would

be small. The incremental CO reduction

from loaded-mode testing was

calculated by EPA to be 4.0 percent in

December 1991. A more complete

discussion of factors 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 of adequate

annual funding, the existence of an

institutional framework meeting the

requirements of CAA section 172(b)(10),

and the development of a monitoring

program to assess and verify the impact

of the program.

H.B. 2206 in section 17 requires a

County with a population of more than

400,000 (effectively Pima and Maricopa

Counties) to institute a voluntary nodrive-day program. With the County

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having clear responsibility for

implementation, the program meets the

institutional requirements of CAA

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 of the program is assured. Based

on the legislation meeting the first two

criteria, EPA is approving the voluntary

no-drive-day program as part of a CO

maintenance program in Pina County.

Because a monitoring protocol to assess

and verify the impact of the program is

still lacking, EPA is not at this time

proposing to approve a specific emission

reduction credit for the program. 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 of an

emission reduction credit in the Pima

SIP for 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 of and

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 from the date of SIP

approval. ACLPI argued that after

passage of the statutory Part D

attainment dates, EPA should interpret

the Act as requiring attainment at the

soonest time, essentially without regard

to practicalities, in order to implement

Congressional intent in setting the

original deadlines. As EPA has

previously explained in full, EPA

believes that after December 31, 1987, a

SIP needs to demonstrate attainment no

more quickly than as expeditiously as

practicable but by certain fixed dates.

See EPA'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.

If EPA 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, if it

had addressed the post-1987

nonattainment situation now being

faced, would have required this result,

even after passage of the Part D dates.

EPA believes that Congress would

instead have regarded the "as

expeditiously as practicable"

requirement to be still in place, albeit

bounded in situations, such as that of

Pima County, by fixed attainment

deadlines.

ACLPI cites American Lung

Association v. Kean, 18 Envtl. L.Rptr.

20317 (D.N.J. 1987), in support of its

position. ACLPI misinterprets that case.

That case in fact interprets the Act to

require "SIP implementation 'as

expeditiously as practicable" after

December 31, 1987." American Lung

Association, Id. at 20317 (emphasis

added). The case does not require SIP

implementation more rapidly than

practicable and does not set any 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 SIP approval. 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).

ACLPI commented that the Pima CO

SIP does not provide for implementation

of all reasonably available control

measures as required by section

172(b)(2) of the Act. EPA has long

interpreted section 172(b)(2) as requiring

implementation of only those available

controls necessary to provide for

attainment by the applicable attainment

date. This is because it would not be

reasonable to require states to

implement measures that, although

technologically available, would not

materially advance an area's attainment

date. See EPA's General Preamble on

Part D SIP preparation, 44 FR 20372,

20375 (April 4, 1979).

The Pima CO SIP provides for

attainment in 1990. EPA does not believe

that any combination of available

controls would advance that attainment

date. EPA notes that the Arizona

Legislature recently passed a bill

requiring the use of oxygenated fuels in

Pima County during the winter CO

season as well as loaded-mode testing

for the existing I/M program. EPA is

proposing to approve the oxygenated

fuels program and approving the loadedmode I/M testing as components of the

Pima CO SIP in separate sections of

today's Federal Register. Although the

measures will not advance the

attainment date for Pima County, EPA

believes that they will provide

additional assurance that Pima will

attain the CO standard in 1990 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

as the plan lacks an approvable NSR

component. EPA has reviewed the Pima

NSR program and has determined that it

can be fully approved based upon Pima

County's and the State of Arizona's

commitments to interpret the regulation

consistent with EPA's requirements. The

State submitted a letter for the State on

June 1, 1988, and a letter from Pima

County on July 22, 1988, making the

necessary commitments. These

commitment letters, which have been

appended to the TSD for this.notice,

have been forwarded to the Office of

Federal Register for incorporation by

reference into the Code of Federal

Regulations as enforceable components

of the Pima CO SIP. As such they are

enforceable against Pima County and

the State of Arizona under sections 113

and 304 of the CAA, and will effectively

control any court's interpretation of the

State's and County's intent under the

NSR rules.

ACLPI also commented that the Pima

CO plan does not meet the requirement

of section 172(b)(11)(A) that the NSR

program require a demonstration that

the benefits of a proposed source

significantly outweigh the

environmental and social costs imposed

by the source. Section 172(b)(ll)(A)

technically does not apply at all to Pima

County. The section only applies by its

own terms to areas that received

attainment date extensions to 1987. EPA

has stated, however, that generally SIPs

for areas that failed to attain in 1982 as

planned would have to meet all

requirements applicable to extension

areas in order to demonstrate timely

attainment. See "Guidance Document

for Correction of Part D SIPs for

Nonattainment Areas," January 27, 1984.

The Arizona NSR program does require

a demonstration that the benefits of a

proposed project outweigh the project's

environmental costs. EPA concludes

that with that provision Arizona's NSR

program adequately complies with

EPA's policy that nonextension areas

that failed to attain generally meet the

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Part D requirements for extension areas

to demonstrate attainment.

ACLPI commented that EPA should be

including trip reduction ordinances in

the Pima CO SIP. Since the proposal on

this action, EPA has received a formal

SIP submittal from Arizona requesting

approval of travel reduction ordinances

adopted by the various Pima County

local jurisdictions. EPA is 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 in 1990 and

maintain it thereafter.

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 in planned

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 the oxygenated

fuels program and the travel reduction

ordinances adopted by the Pima County

local jurisdictions. These measures will

together provide significant additional

emission reductions in Pima County that

will be available to compensate for any

unanticipated shortfalls in planned

emission reductions. These measures

which have already been adopted will

adequately serve the function of the

contingency provisions EPA

contemplated in 1981.

IV. Summary of Final Action

EPA is today taking final action to

approve the Pima CO plan submitted to

EPA on January 6, 1988. The plan

provides for attainment of the CO

standard with reasonably available

control measures in 1990. The revised 1/

M regulations, the FMVCP and other

control measures adopted by Pima

County jurisdictions will result in

attainment of the standard in 1990 and

maintenance consistent with the tenyear maintenance period described in

EPA's November 24. 1987 proposal on

post-1987 planning.

EPA is taking final action on Pima

County's NSR regulations, originally

proposed for approval on May 9, 1986

(51 FR 17210). The original NSR

submittal, together with implementation

commitments by Pima County and the

State of Arizona, meet the requirement

of 40 CFR 51.165(a).

EPA is also proposing today, in a

separate Federal Register notice, to

approve two additional CO control

measures recently submitted by the

State for incorporation into the Pima

maintenance plan. The first measure

includes submittal of the travel

reduction ordinance regulations adopted

by Pima County jurisdictions as part of

the CO plan. The second is an

oxygenated fuels program mandated in

Arizona H.B. 2206. In addition, in a

separate notice for Maricopa County,

EPA is approving two programs in H.B.

2206 that will affect Pima County. The

first program is a loaded-mode I/M

requirement and the second is a

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 CO plan meets all EPA and CAA

Part D criteria, including the proposed

post-1987 policy, which would require a

maintenance demonstration of 10 years

from the SIP due date. Based on this

finding, EPA also takes final action

today to fully approve the Pima SIP as

meeting all requirements of section 110

and 172 of the Clean Air Act and

therefore lifts the moratorium under

section l10fa)2{I) of the CAA on major

new construction and major

modification of stationary sources of CO

in the Tucson CO Air Planning Area.

V. Regulatory Process

The Office of Management and Budget

has exempted this rule from the

requirements of Section 3 of Executive

Order 12291.

Under section 307(b){1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by October 11, 1988. This action

may not be challenged later in

proceedings to enforce its requirements.

(See section 3071bJ2)).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

monoxide, Hydrocarbons,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Note.-Incorporation by reference of the

State Implementation Plan for the State of

Arizona was approved by -the Director of the

Federal Register on July 1. 1982.

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

Date: August 4, 1988.

Lee M. Thomas,

Administrator.

Subpari D of Part 52, Chapter 1, Title

40 of the Code of Federal Regulations iq

amended as follows:

PART 52--[AMENDED]

Subpart D-Arizona

1. The authority citation for Part 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 Identification of plan.

(c) * * *

(54) * * *

i) * * *

(D) New or amended rules R9-3-302

(paragraphs A-H); and R9-3-303

(paragraphs A to C and E to 1), adopted

on May 26, 1982.

(E) Previously approved and now

removed .(without replacement) 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) The following amendments to the

plan were submitted by the Governor's

designee on October 18, 1985.

(i) Incorporation by Reference.

(A) Pima County Health Department.

(1) New or 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 on December 6,

1983.

(59) The following amendments to the

plan were submitted by the Governor's

designee on October 24,1985.

(i) Incorporation by Reference.

(A) Arizona Department of Health

Services.

(1) New or amended rule R9--3-303,

adopted on September 28, 1984.

(60) The following amendments to the

plan were submitted by the Governor's

designee on October 5, 1987.

ti) Incorporation by Reference.

(A) Arizona Department of Health

Services.

(1) New or amended rules R9-3-1001

(Nos. 8, 25, 33, 34, 38, 39, 40, and 43, No.

Federal Register / Vol. 53,

HeinOnline -- 53 Fed. Reg. 30223 1988
30224 Federal Register / Vol. 53, No. 154 /Wednesday, August 10, 1988 / Rules and Regulations

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 of Environmental Quality,

dated June 1, 1988, committing to

administer the provisions of the Federal

New Source Review regulations

consistent with EPA's requirements. The

commitments apply to the issuance of,

or revision to, permits for any source which is a major stationary source or major modification as defined in 40

Code of Federal 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 Pima County

Health Department, Office of

Environmental Quality, dated April 24,

1988 committing to administer the Now

Source Review provisions of their

regulations consistent with EPA's

requirements. The commitments apply

to the issuance of, or revision to, permits

for any source which is a major

stationary source of major modification

as defined in 40 Code of Federal

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 of Arizona on October 5,

1987, and July 18 and 22, 1988. In its May

16, 1988, notice of proposed rulemaking

(NPRM) (52 FR 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 of the

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 of Arizona, EPA also 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 for motor

vehicles and an employer-based trip

reduction program-which together with

the proposed 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 that the December 31, 1991 date

is the latest date by which an

approvable Arizona SIP may

demonstrate attainment under the Clean

Air Act and EPA's own policies in light

of the possibility of attainment by then

without the use of draconian 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 of H.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 of the CO standards

in Maricopa by December 31, 1991. In its

May 16 notice, EPA had proposed in

advance to approve the measures

similar to those in H.B. 2206 if the 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 action based on its conclusion

that the control measures and the

attainment demonstration fully meet the

requirements of section 110 and Part D

of the Clean Air Act (CAA or the Act).

EPA is also taking 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 of the Maricopa

SIP, EPA is withdrawing its proposed

FIP and the proposal to impose highway

funding restrictions under CAA section

176(a) which were proposed on May 16,

1988. In addition, EPA is lifting, effective

today, the section 110(a)(2)(I)

construction ban on major new or

modified sources of CO 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,

Air Management Division, 215

Fremont Street, San Francisco, CA

94105

Arizona Department of Environmental

Quality, Office of Air Quality, 2005 N.

Central Avenue, Sixth Floor, Phoenix,

Arizona 85004

Maricopa Association of Governments,

1820 West 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