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Citation: 43 Fed. Reg. 33245 1978

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### RULES AND REGULATIONS
[6560-01]

Title 40-Protection of Environment

EFRL 930-4J
CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER C-AIR PROGRAMS

PART 52-APPROVAL AND PROMULGATION

- OF IMPLEMENTATION PLANS

AirPollution Control State of Arizona -Rulesand Regulations
AGENCY: Environmental Protection Agency (EPA).

ACTION:Finalrulemaking.

SUMMARY: it is the purpose of this action to promulgate final approval or

-- disapproval ofrevisions to theArizona State Implementation Plan (SIP).The revisions include State regulations, assertions of jurisdiction, and a House bill on terms and conditions for conditional permits.

EFFECTIVEDATE: August 30, 1978.

FOR FURTHER INFORMATION CONTACT

Allyn M. Davis, Director, Air and Hazardous Materials Division, Attn: Erik Hauge, Air Programs Branch, EPARegion IX, 215 Fremont Street, San Francisco, Calif. 94105, telephone: 415-556-7595.

SUPPLEMENTARY INFORMATION

BACKGROUND OnJune 16, 1977 (42 FR 30648) EPA proposed approval or disapproval of revisions to the Arizona SIPconsisting of State air pollution control regulations, assertions ofjurisdiction, and a House bill. The regulations were submitted to EPA on August 20, 1973, August 30, 1974, September 16, 1975 and January 23, 1976;the assertions of jurisdiction and the House bill were submitted to EPA onFebruary 3, 1975.

The rulemaking notice provided for

a 30-day public comment period.Information concerning the regulations proposed for approval and disapproval (theEPA evaluation report, the regulations, under consideration, and a copy of the proposed rulemaking ,notice) was made available during the comment period at locations in Phoenix, Flagstaff and Tucson, Arizona, and at theEPA offices in San Francis-
:co, California, and Washington, D.C.

asperthe June 16, 1977notice. DIscusso OFAcTioN

APPROVALS 

### Approval is belig promulgated for the State ofArizonaregulations asfollows:
7-1-Ll (R9-3-101) (Policy and Legal Authorlty) 7-1-1.3A-D (R9-3-103A-D) (Air Pollution Prohibited) 7-1-L5 (R9-3-105) (Enforcement) 7-1-4.3 (R9-3-403) (Sulfur Emissions: Sul- .fitePulp Mils) 7-1-4.4 (R9-3-404) (Sulfur EmissIons: SulfuricAcid Plants) 7-1-4.5 (R9-3-405) (Sulfur Emissions: OtherIndustries) 7-1-5.1 (R9-3-501) (StorageofVolatile Organic Compounds) 7-1-5.2 (R9-3-502) (Loading ofVolatile Organic Compounds) 

### 7-1-5.3 (R9-3-503) (Organic Compound Emissions:Pumpsand Compressors) 7-1-5.4 (R9-3-504) (Organic Solvents) 7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions:Industrial) 7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions:FuelBurningInstallations) 7-1-7.2 (R9-3-702) (Nitrogen Oxide Emlssions:NitricAcid Plants) 7-1-8.3 (R9-3-803) (NewInstallations) submittedonAugust 20, 1973 7-1-2.10 (R9-3-210) (Emergency Episode Criteria) 7-l-4.2A andP (119-3-402A andF)(Sulfur Emissions: Fuel Burning Installations) exceptasthey apply tothe Navajo Generating Station. submitted onAugust 30, 1974: Assertions of Jurisdiction, submitted onFebruary 3. 1975 R9-3-102 (Definitions) R9-3-108 (TestMethods andProcedures) R9-3-302 (Paiticulate EmissLons: Fugitive Dust) R9-3-303 (Particulate Emilons: Inciner. -atlon) R9-3-304 (Particulate EmissIons: Wood WasteBurners) R9-3-305 (Particulate Emisslons: Fuel BurningEquipment) R9-3-307 (Particulate Emissions: Portland Cement Plants). and R9-3-308 (Partc- ulate Enssions: Heater-Planers) submittedonSeptember 16. 1975 R9-3-505 (Gasoline VolatilityTesting) ,R9-3-506 (Gasoline Volatility Standards) submitted onJanuary 23,1976
DISAPPROVALS
1. StateJurisdiction. Asproposed on June 16, 1977, the Administrator Isdisapproving the State planto the extent that the plan doesnot provide forthe demonstration of the attainment and maintenance of the National Ambient Air Quality Standards in Graham and Greenlee Counties, and no county regulations have been submitted as part oftheplan.

2. Air PollutionProhibited.Regulation 7-1-1.3 (R9-3-103) was proposed for disapproval because It may allow violations ofambientair quality standards. to occur in areas to which the general public has access. The Administrator finds that paragraphs A through D of this regulation are approvable, and they are being approved 

### 33245

In this action. Paragraph E, however, is disapproved for the above cited

reason.

3. SulfurEmissions fromFuelBurning 

### Installations. Regulation 

### 7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations) was proposed for disapproval with regard tooilfired facilities. Paragraph A which states that the regulation is applicable to power plants with resulting -sulfur dioxide emissionsisapproved.

Paragraphs B, C,D, andE are disapproved because taken together they could allow an existing fuel oil fired power plant to use dispersion dependenttechniques alone as a means ofattaining and maintaining ambient standards, contrary to the requirements of sections 110(a)(2)(B) and 123(a) of the CleanAirAct, as amended. ForFederal enforcement purposes,' the original regulation approved by EPA In May 1972, 7-1-4.2B, is retained.

Paragraph F dealing with sulfur dioxide emissions from coal fired power plants is approved (except as such regulations apply to the Salt River Project Agricultural ImprovementandPowerDistrict-Navajo Generating Station). Sulfur dioxide emission limitations forthe Navajo Generating Station will be addressed in a separateFnEr.RRE=s notice.

DEFEMRR ACMION
1. Vehicle Inspection/Maintenance. On June 16, 1977, EPA proposed approval with the exception of one subparagraph of the regulations comprisingthe State Inspection/Maintenance (I/M) program (R9-3-1001-1024), submitted on January 23, 1976. On February 11, 1977. the State submitted revised I/M regulations to EPA. EPA published a notice of proposed rulemakingand invited publiccomment on those revised regulations on September 6, 1977 (42 FR 44561). Therefore, EPA is taking no action on the original I/M regulations atthistime.Final rulemaking fortherevised IlMregulations will be addressed in a separate F=zEnA REGisTER notice.

2. Process Industries. Regulation R9-3-306 establishes particulate emission limits for process industries. Although this regulation was proposed for approval on June 16, 1977, the Administrator is not approving It in this action. The regulation requires that the emission limit be calculated based

on a facility's total process weight rate, but the allowable emission rate could apply individually to each emission point at that facility. Thus, the total allowable emission rate from a process source would ultimately depend on the number of emission points at the facility.This is inconsistent with the intent of section ll0(a)(2)(B) of the Clean Air Act, as

FEDERAL REGISTER, VOL 43, NO. 147-MONDAY, JULY 31, 1978

### RULES AND REGULATIONS

amended. EPA will propose to disapprove this regulation in a separate FEDERAL REGISTER

### notice.

3. Malfunction. Regulation 7-1-1.6 (R9-3-106) (Exceptions) was proposed for disapproval in the June 16, 1977 FEDERAL REGISTER. 

### However, no action is being taken on it at this time pending receipt and review of the State's revised malfunction regulation.

4. Regulations 7-1-2.1 through 2.6 (R9-3-201 through 206) (Ambient Air Quality Standards), 7-1-2.7 (R9-3-207) (Evaluation), 7-1-2.8 (R9-3-208) (Antidegradation), and 7-1-2.9 (R9-3-209) (Air Quality Goals), were proposed for approval on June 16, 1977. Contrary to the proposal, however, EPA is not addressing theseregulations at this time, since the State has submitted revised regulations to EPA. EPA will address the revised regulations in a separate
FEDERALREGISTER notice.

5. No action was proposed, and therefore no final action is being taken withregard to regulation 7-1-4.1 (R9-3-401) (Sulfur Emissions: Copper Smelters), orHouse Bill 2200 (Chapter 35, A.R.S.-April 26, 1974) (Terms and Conditions for Conditional Permits). These will be the subject of separate FEDERALREGISTEh notices.

6. Visible Emissions. No action is being taken at this time on regulation R9-3-301 (Visible Emissions-General) due to a reassessment of our position in the proposed rulemaking based on public comments received during the 30-day comment period. Certain com- mentors questioned the appropriate- ness of a 20 percent opacity limitation for all sources. EPA will address this regulation in a separate FEDERAL REGisTRnotice.

DIscussIoN OF MAJOR COmmENTS 1.The proposed disapproval of regulation R9-3-103 (Air Pollution Prohibited) was addressed by two commen- tors. Both comments were centered around the definitions of "ambient air" and "public access" and in essence express the view that NAAQS do not have to be met in the facility's operating area.

The term "ambient air" is defined in 40 CFR 50.1(e) as "that portibn ofthe atmosphere, external to buildings, to which the general public has access." Therefore, this definition requires that the general public not have

access before any portion ofthe atmosphere is not considered ambient air. R9-3-103E could permit violations of NAAQS in areas to which the general public has access, and therefore the regulation must be disapproved.

2. In response to the proposed disapproval ofregulation 7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations) .s it relates to oil-fired installations, one commentor stated that EPA should be able to determine that the State regulation would be adquate to achieve and maintain ambient standards in the Phoenix-Tuson Air Quality Control" Region (AQCR), based on the results of a study con- tracted by several publicutility operators, and based on modeling done in establishing substitute regulations for the State of Ohio. Therefore, the com- mentor believed that the State need not submit a defnonstration of adequacy and the regulation should be approved.

Demonstration of noninterference with attainment and maintenance of standards isrequired ofthe State plan under 40 CFR 51.12 and 51.13. Although documentation may exist. showing the adequacy of the State regulation, it has not been submitted by the State orreferenced in the State plan to support thisregulation.

In addition, as discussed above, this regulation dealing with oil burning installations could allow sources to utilize only dispersion dependent techniques to prevent violations of ambient standards.

3. Onecomment was receivedregarding the proposed disapproval of regulation 7-1-1.6 (R9-3-106) (Exceptions). No action isbeing taken on this regulation at this time. The final FEDERAL REGISTER notice on the approval/disapproval ofthis regulation will include

asummary ofthiscommeht. (Sees. 110 and 301(a), ofthe Clean Air Act
as amended, 42U.S.C. 7410 and 7601(a).)

Dated: July 21, 1978. BARBARA BLUM, ActingAdministrator. Subpart D ofPart 52 of Chapter 1, Title 40 of the Code of Federal Regulations is amended as follows: Subpart D-Arizona
1. Section 52.120, paragraph (c) is amended by renumbering subparagraphs (6) through (12) as (7) through (13) respectively, subparagraphs (13), (14), and (15) as (15), (17), and (21) re- spectively, and by addingnew subparagraphs (6), (14), (16), (19) and (20) and reserving subparagraphs (18), (22), (23), (24), (25), (26), and (27) as follows: §52.120 Identification ofplan.

* * * * * 

### (c) * * * (6) Arizona Air Pollution Control Regulations (numbers in parentheses indicate recodification of regulations

as identified in the Arizona State Implementation Plan Semi-Annual Report submitted to EPA on September4, 1975). 7-1-1.1 (R9-3-101) (Policy and Legal Authority) 7-1-1.3 (R9-3-103) (AirPollution Prohibited) 7-1-1.5 (R9-3-105) (Enforcement) 71-4.3 (R9-3-403) (Sulfur Emissions: Sulfite PulpMills) 7-14.4 (R9-3-404) (Sulphur Emissions: SulfuricAcid Plants) 7-14.5 (R9-3-405) (Sulphur Emissions' OtherIndustries) 7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds) 7-1-5.2 (R9-3-502) (Loading ofVolatile OrganicCompounds) 7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumpsand Compressors) 7-1-5A4 (R9-3-504) (Organic Solvents) 7-1-6.1 (R9-3-601) (Carbon Monoxide Emisslgns: Industrial) 7-1-7.1 (R9-3-701) (Nitrogen Oxide Emis. slons:FuelBurning Installations) 7-1-7.2 (R9-3-702) (Nitrogen Oxide Emls. sions: NitricAcid Plants 7-1-8.3 (R9-3-803) (New Installations)

Submitted on August 20, 1973.

$ * * * * (14) Arizona Air Pollution Control Regulations: 7-1-2.10 (R9-3-210) (Emergency Episode Criteria) 7-14.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations) Submitted onAugust 30, 1974.

* * * * * (16) Assertion of State Jurisdiction
over Apache, Navajo, Santa Cruz and Yavapai Counties; Assertion of State Jurisdiction over Cochise County: and Assertion of State Jurisdiction over specific sources in Mohave County.

Submitted onFebruary 3, 1975.

* * * * * (18) [Reserved] (19) Arizona Air Pollution Control Regulations: R9-3-102 (Definitions) R9-3-108 (TestMethods andProcedures) R9-3-301 (Visible Emissions--General) R9-3-302 (Particulate Emissions: Fugutivo Dust) R9-3-303 (Particulate Emissions: Inciner- -ation) R9-3-304 (Particulate Emissions: Wood Waste Burners) R9-3-305 (Particulate Emissions: Fuel BurningEquipment) R9-3-307 (Particulate Emissions: Portland CementPlants) R9-3-308 (Particulate Emissions: Heater. Planers) Submitted onSeptember 16, 1975. (20) Arizona Air Pollution Control Regulations: R9-3-505 (Gasoline VolatilityTesting) R9-3-506 (Gasoline Volatility Standards)

Submitted onJanuary 23, 1976. (21) * * * (22) [Reserved] (23) [Reserved] (24) [Reserved] (25) [Reserved] (26) [Reserved] (27) [Reserved]

FEDERAL REGISTER, VOL 43, NO. 147-MONDAY, JULY 31, 1978 

### 33246

### RULES AND REGULATIONS

2. Section 52.125 is amended by the addition ofa newparagraph (f) as follows and by renumbering paragraph (h) asparagraph (g):
§52.125 Control strategy and regulations: Sulfur oxides.

(f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402) (Sulfur Emissions: FPielBurning Installations) of the Arizona Air Pollution Control Regulations are disapproved because they could allow existhg oil fired facilities to use dispersion dependent techniques alone as ameans ofattaining and maintaining the national ambient air quality standards. The regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of sections 110(a)(2)(B) and 123(a)(2) ofthe Clean Air Act.

(2) The approval of paragraphs A and F of regulation 7-1-4.2 as to coal fired facilities does not apply to the Salt River Project Agricultural Improvement and Power District-Navajo Generating Station.

4. Section 52.133 is amended by the additionofnew paragraphs (b) and (c),

asfollows: §52.133 -Rulesandregulations.

* * *

. *

- *
(b) Paragraph E of regulation 7-1- 1.3 (R9-3-103) (AirPollution Prohibited) prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of his operation. This regulation -could allow violations of ambient air quality standards to occur in areas to which the public has access, contrary to the requirements of section 110(a)(1) ofthe CleanAir Act. Therefore, paragraph E ofregulation7-1-1.3 (R9-3-103) of the Arizona Rules and Regulations for Air Pollution Control is disapproved.

(c) The requirements of§§ 51.13 and 51.22 ofthis chapter are notmet since the plan does notprovide any enforceable regulations and a demonstration thatsuchregulations will cause theattainment and maintenance ofnational ambient air quality standards in Graham andGreenlee Counties.

EFRDoc. 78-21090Filed7-28-78; 8:45am] [1505-01]

EFEL928-3]


### PART 86-CONTROL OF AIR POLLUTION FROM NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES Miscellaneous Amendments; Corrections Correction In .FR Doc. 78-19798 appearing at page 31134 in the Issue for Thursday, July 20, 1978, on page 31134, second column, in the table, the first entry forUnleadedreading "92"should read "193!"


### [4110-87] Title 42-Public Health
CHAPTER 1-PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
SUBCHAPTER G-OCCUPATIONAL SAFETY

AND HEALTH RESEARCH AND RELATED ACTIVITIES 

### PART 82-CERTIFICATION OF INDUSTRIAL SOUND LEVEL METER SETS
PART 84-CERTIFICATION OF GAS

- 

### DETECTORTUBE UNITS
Revocation ofParts AGENCY: National Institute for Occupational Safety and Health (NIOSH), Center for Disease Control, PHS,HEW. ACTION: Revocation ofregulations. SUMMARY: HEW revokes parts 82 and 84 of title 42, Code of Federal Regulations, which concern voluntary testing pnd certification programs for industrial sound level meter sets and gas detector tubeunits.The programs will continue to operate under agency guidelines. EFFECTIVE DATE: The revocation is effective onJuly 31, 1978. FOR FURTHER INFORMATION CONTACT'

Robert Schutz, Testing and Certification Branch. Division of Safety Research, NIOSH, 944 Chestnut Ridge Road. Morgantown. W. Va. 26505, 304-599-7574 or FTS: 923- 7331.
SUPPLEMENTARY INFORMATION: The National Institute for Occupational SafetyandHealth (NIOSH) was establishedby section 22(b) of the Occupational Safety and Health Act (29 U.S.C. 671(b)). Section 22(c) of theact authorizes NIOSH to develop and establish recommended occupational 33247
safety and health standards.Asan extension to these recommendations, NIOSH development a number oftesting and certification programs designed to assure safe and reliable performance of personal protective and hazardmeasuring equlpnment.

While the programs are voluntary, the testing and certification procedures were established byregulations. Since the programs are voluntary and manufacturers are under nolegal obligation to submit their products, for NIOSH testing and certification, the regulations are not legally required. Although the regulations are revoked, the voluntary certification programs forsound level meter sets and gas detector tube units, as well as for other measuring and personal protective equipment, will be continued or established by NIOSH pursuant to agency guidelines. Copies of the NIOSH guidelines for certification ofindustrial sound level meter sets-andgas detector tube units, as well as information concerning other testing and certification programs, may be obtained fromNIOSH attheabove address.

Parts 82 and 84 of title 42,Code of Federal Regulations, are revoked, effective onJuly31, 1978.

Dated:May 19, 1978.
JuLiusB. RIcnoprm, AssistantSecretary forHealth. Approved:July 22,1978.

HTAL CHAMIMO,

ActingSecretary. EFRDC. 78-21072 Filed7-28-78;8:45 am]



### [4110-07]
Title 45-Public Welfare



### CHAPTER Ill-OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUP

### PORT ENFORCEMENT PROGRAM), DEPARTMENT OF HEALTH, EDUCA

### TION, AND WELFARE
PART 302-STATE PLAN REQUIREMENTS

PART 303-STANDARDS FORAN EFFECTIVE PROGRAM

State Parent Locator Service, Requests for Information from the Federal Parent Locator Service,Location ofAbsent Parents

AGENCY: OfficeofChildSupportEnforcement.

FEDERAL REGISTER, VOL 43, NO. 147-MONDAY, JULY 31, 1978