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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

Air Pollution Control State of Arizona

-Rules and Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rulemaking.

SUMMARY: it is the purpose of this

action to promulgate final approval or

--disapproval of revisions to the Arizona

State Implementation Plan (SIP). The

revisions include State regulations, assertions of jurisdiction, and a House

bill on terms and conditions for conditional permits.

EFFECTIVE DATE: August 30, 1978.

FOR FURTHER INFORMATION

CONTACT

Allyn M. Davis, Director, Air and

Hazardous Materials Division, Attn:

Erik Hauge, Air Programs Branch,

EPA Region IX, 215 Fremont Street,

San Francisco, Calif. 94105, telephone: 415-556-7595.

SUPPLEMENTARY INFORMATION

BACKGROUND

On June 16, 1977 (42 FR 30648) EPA

proposed approval or disapproval of

revisions to the Arizona SIP consisting

of State air pollution control regulations, assertions of jurisdiction, 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 on February 3, 1975.

The rulemaking notice provided for

a 30-day public comment period. Information concerning the regulations

proposed for approval and disapproval

(the EPA 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 the EPA offices in San Francis-

:co, California, and Washington, D.C. as per the June 16, 1977 notice.

DIscusso OF AcTioN

APPROVALS

Approval is belig promulgated for

the State of Arizona regulations as follows:

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-

.fite Pulp Mils)

7-1-4.4 (R9-3-404) (Sulfur EmissIons: Sulfuric Acid Plants)

7-1-4.5 (R9-3-405) (Sulfur Emissions:

Other Industries)

7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds) 7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds) 7-1-5.3 (R9-3-503) (Organic Compound

Emissions: Pumps and 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: Fuel Burning Installations) 7-1-7.2 (R9-3-702) (Nitrogen Oxide Emlssions: Nitric Acid Plants)

7-1-8.3 (R9-3-803) (New Installations) submitted on August 20, 1973

7-1-2.10 (R9-3-210) (Emergency Episode Criteria)

7-l-4.2A and P (119-3-402 A and F) (Sulfur Emissions: Fuel Burning Installations)

except as they apply to the Navajo Generating Station. submitted on August 30,

1974: Assertions of Jurisdiction, submitted on February 3. 1975

R9-3-102 (Definitions)

R9-3-108 (Test Methods and Procedures)

R9-3-302 (Paiticulate EmissLons: Fugitive Dust)

R9-3-303 (Particulate Emilons: Inciner.

-atlon)

R9-3-304 (Particulate EmissIons: Wood

Waste Burners) R9-3-305 (Particulate Emisslons: Fuel

Burning Equipment) R9-3-307 (Particulate Emissions: Portland

Cement Plants). and R9-3-308 (Partc- ulate Enssions: Heater-Planers) submitted on September 16. 1975

R9-3-505 (Gasoline Volatility Testing)

,R9-3-506 (Gasoline Volatility Standards)

submitted on January 23,1976

DISAPPROVALS

1. State Jurisdiction. As proposed on

June 16, 1977, the Administrator Isdisapproving the State plan to the extent

that the plan does not provide for the

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

of the plan.

2. Air Pollution Prohibited. Regulation 7-1-1.3 (R9-3-103) was proposed

for disapproval because It may allow

violations of ambient air 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. Sulfur Emissions from Fuel Burning Installations. Regulation 7-1-4.2

(R9-3-402) (Sulfur Emissions: Fuel

Burning Installations) was proposed

for disapproval with regard to oil fired

facilities. Paragraph A which states

that the regulation is applicable to

power plants with resulting -sulfur

dioxide emissions is approved.

Paragraphs B, C, D, and E are disapproved because taken together they

could allow an existing fuel oil fired

power plant to use dispersion dependent techniques alone as a means of attaining and maintaining ambient

standards, contrary to the requirements of sections 110(a)(2)(B) and

123(a) of the Clean Air Act, as amended. For Federal 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 Improvement and Power District-Navajo Generating Station). Sulfur dioxide emission limitations for the Navajo Generating Station will be addressed in a

separate FnEr. 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 comprising the 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 rulemaking and invited public comment on

those revised regulations on September 6, 1977 (42 FR 44561). Therefore,

EPA is taking no action on the original I/M regulations at this time. Final

rulemaking for the revised IlM regulations 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 these regulations at this time,

since the State has submitted revised

regulations to EPA. EPA will address

the revised regulations in a separate FEDERAL REGISTER notice.

5. No action was proposed, and

therefore no final action is being

taken with regard to regulation 7-1-4.1

(R9-3-401) (Sulfur Emissions: Copper

Smelters), or House Bill 2200 (Chapter

35, A.R.S.-April 26, 1974) (Terms and

Conditions for Conditional Permits).

These will be the subject of separate

FEDERAL REGISTEh 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 REGisTR notice.

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 of the

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 of the 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 of regulation 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 public utility 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 is required of the 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 or referenced in the State

plan to support this regulation.

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. One comment was received regarding the proposed disapproval of regulation 7-1-1.6 (R9-3-106) (Exceptions).

No action is being taken on this regulation at this time. The final FEDERAL

REGISTER notice on the approval/disapproval of this regulation will include a summary of this commeht.

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

Dated: July 21, 1978.

BARBARA BLUM,

ActingAdministrator.

Subpart D of Part 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 adding new subparagraphs (6), (14), (16), (19) and (20) and

reserving subparagraphs (18), (22),

(23), (24), (25), (26), and (27) as follows:

§ 52.120 Identification of plan.

* * * * *

(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 September 4, 1975).

7-1-1.1 (R9-3-101) (Policy and Legal Authority) 7-1-1.3 (R9-3-103) (Air Pollution Prohibited)

7-1-1.5 (R9-3-105) (Enforcement) 71-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)

7-14.4 (R9-3-404) (Sulphur Emissions:

Sulfuric Acid Plants) 7-14.5 (R9-3-405) (Sulphur Emissions'

Other Industries)

7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds) 7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds) 7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and 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: Fuel Burning Installations) 7-1-7.2 (R9-3-702) (Nitrogen Oxide Emls.

sions: Nitric Acid 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 on August 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 on February 3, 1975.

* * * * *

(18) [Reserved]

(19) Arizona Air Pollution Control

Regulations:

R9-3-102 (Definitions) R9-3-108 (Test Methods and Procedures) 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

Burning Equipment) R9-3-307 (Particulate Emissions: Portland

Cement Plants) R9-3-308 (Particulate Emissions: Heater.

Planers)

Submitted on September 16, 1975.

(20) Arizona Air Pollution Control

Regulations:

R9-3-505 (Gasoline Volatility Testing) R9-3-506 (Gasoline Volatility Standards)

Submitted on January 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 of a new paragraph (f) as follows and by renumbering paragraph

(h) as paragraph (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: FPiel Burning 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 a means of attaining 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) of the 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

addition of new paragraphs (b) and (c),

as follows:

§ 52.133 -Rules and regulations.

* * * . * - *

(b) Paragraph E of regulation 7-1-

1.3 (R9-3-103) (Air Pollution 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) of the Clean Air Act. Therefore, paragraph E of regulation 7-1-1.3

(R9-3-103) of the Arizona Rules and

Regulations for Air Pollution Control

is disapproved.

(c) The requirements of §§ 51.13 and

51.22 of this chapter are not met since

the plan does not provide any enforceable regulations and a demonstration

that such regulations will cause the attainment and maintenance of national

ambient air quality standards in

Graham and Greenlee Counties.

EFR Doc. 78-21090 Filed 7-28-78; 8:45 am]

[1505-01]

EFEL 928-3]

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

for Unleaded reading "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

- DETECTOR TUBE UNITS

Revocation of Parts

AGENCY: National Institute for Occupational Safety and Health

(NIOSH), Center for Disease Control,

PHS, HEW.

ACTION: Revocation of regulations.

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 tube units. The programs

will continue to operate under agency guidelines.

EFFECTIVE DATE: The revocation is

effective on July 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 Safety and Health (NIOSH) was

established by section 22(b) of the Occupational Safety and Health Act (29

U.S.C. 671(b)). Section 22(c) of the act

authorizes NIOSH to develop and establish recommended occupational

33247

safety and health standards. As an extension to these recommendations,

NIOSH development a number of testing and certification programs designed to assure safe and reliable performance of personal protective and

hazard measuring equlpnment.

While the programs are voluntary,

the testing and certification procedures were established by regulations.

Since the programs are voluntary and

manufacturers are under no legal 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

for sound 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 of industrial sound level meter sets -and gas detector tube units, as well as information concerning other testing and certification programs, may be obtained

from NIOSH at the above address.

Parts 82 and 84 of title 42, Code of

Federal Regulations, are revoked, effective on July 31, 1978.

Dated: May 19, 1978.

JuLius B. RIcnoprm,

Assistant Secretary for Health.

Approved: July 22, 1978.

HTAL CHAMIMO,

Acting Secretary.

EFR DC. 78-21072 Filed 7-28-78; 8:45 am]

[4110-07]

Title 45-Public Welfare

CHAPTER Ill-OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT ENFORCEMENT PROGRAM),

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

PART 302-STATE PLAN

REQUIREMENTS

PART 303-STANDARDS FOR AN

EFFECTIVE PROGRAM

State Parent Locator Service, Requests for Information from the

Federal Parent Locator Service, Location of Absent Parents

AGENCY: Office of Child Support Enforcement.

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