UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

1 6 DEC 1991 

The Honorable Fife Syrnington 

Governor of Arizona 

1700 West Washington 

Phoenix, Arizona 85007 

Dear Governor Symington: 

The purpose of this letter is to notify you. that, pursuant to section 179(a)(l) of 

the Clean Air Act (Act) as amended in 1990, the United States Environmental 

Protection Agency (EPA) is making a finding today that the State of Arizona has failed 

to submit a required PM,, (particulate matter 10 micrometers or less in size) State 

implementation plan (SIP) for the Douglas and Nogales PM,, nonattainment areas. The 

deadline for submittal of these PM,, SIPS was November 15, 1991. 

There is evidence that the PM!, air quality in these areas is impacted by emissions 

from Mexico. We are currently working with the Arizona Department of Environmental 

Quality to quantify the impact of emissions from Mexico andspecial funding for this 

effort should be available in the near future. Though there are provisions in the Act that 

address international border areas, the State must demonstrate through the SIP process 

that Douglas and Nogales would attain the federal standards by the applicable 

attainment date if it were not for pollutant transport across United States borders. 

If within 18 months of this letter the State of Arizona does not correct the failure 

to submit that triggered this finding by submitting a PM,, SIP for Douglas and Nogales, 

then EPA will be mandated to use its authority under section 179 and 110(m) of the 

amended Act to impose at least one sanction identified in section 179(b) on these two 

nonattainment areas. If the failure to submit is not corrected within 24 months of this 

letter, EPA will again be mandated to impose the second sanction identified in section 

179(b). These sanctions include prohibition of highway funding and emission offsets of 

at least 2 to 1. In addition, section 110(c) of the amended Act provides that EPA 

promulgate a Federal implementation plan (FIP) no later than 2 years after a finding of 

failure to submit. 

Prinred on Recycled Paper 
I want to assure you that EPA will not impose any sanctions or promulgate a FIP 

in response to this finding until after the State of Arizona and others have had an 

opportunity to comment on an upcoming Federal Register notice proposing sanctions 

and FIPs. 

I want to emphasize that this finding solely concerns whether a plan has or has 

not been submitted to EPA. The EPA takes its-responsibility to administer the Act in a 

fair and just manner very seriously and this finding is an exercise of that responsibility. I 

look forward to working closely with your staff to ensure that the Act's requirements are 

met in a timely and effective manner and, if at all possible, without adverse 

consequences. If you have any questions concerning this finding your staff may contact 

David P. Howekamp, Director of the Air and Toxics Division. 

Sincerely, 

Daniel W. McGovern 

Regional Administrator 

cc: Edward Z. Fox 

Director, ADEQ 

Nancy Wrona 

Assistant Director for Air Quality, ADEQ