+(,121/,1(

Citation: 46 Fed. Reg. 27116 1981 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Mon Dec 7 15:51:52 2015

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
Federal Register / Vol. 46, No. 95 / Monday, May 18, 1981 / Rules and Regulations

minor change to the SIP which is not

expected to have a major economic:

effect.

This regulation was submitted to the

Office of Management and Budget for

review as required by Executive Order

12291.

(Secs. 110, 301(a), Clean Air Act as amended

(42 U.S.C. 7410 and 7601(a)))

Dated: May 12, 1981.

Walter C. Barber,

Acting Administrator.

Subpart F of Part 52 of Chapter I, Tide

40, of the Code of Federal Regulations is

amended as follows:

Subpart F-California

1. Section 52.220, paragraphs (c)(51)

(xiv) and [xv), (52) (xi), (xii), (xiii) and

(xiv), (80), and (81) are added as follows:

§ 52.220 Identification of. plan. * * * * *

(c) **

(51)

(xiv) El Dorado County APCD-Lake

Tahoe Air Basin Portion.

(A) New or amended Rules 101, 102

(except LAER, stationary source,

modification definitions), 103, 104, 201-

203, 206A-212, 217, 301-305, 307-310,

312-321, 404, 702-704, 706-710, and 801-

804. Deleted Rules 59(g)(1), 1021, 102S,'

102BB, 102FF, 102GG, 102LL, 102RR, 208,

214, 601, 602, and 700.

(xv) Placer County APCD-Mountai

Counties Air Basin Portion.

(A) New or amended Rules 404, 602.

and 603. * * * * *

(52) * * *

(xi) Amador County APCD.

(A) New or amended Rules 102, 103,

107, 203, 206B, 207, 209-211, 213, 215, 216,

301-313, 315-324, 401,402, 404, 407, 409,

Regulation VI, 700-704, 710, and 711.

(xii) Nevada County APCD.

(A) New or amended Rules 207, 210,

211, 218, 306, 307, and 404.

(xiii) Placer County APCD-Mountain

Counties Air Basin Portion.

(A) New or amended Rules 101, 102,

104, 201, 202, 207, 210, 211, 220-222, 301-

310, and 312-323.

(xiv) Tuolumne County APCD.

(A) New or amended Rules 207, 210,

218, and 404. * * * * *

(80) The following amendments to the

plan were submitted on August 21, 1979

by the Governor's designee.

(i) Revised regulations for Placer

County APCD-Lake Tahoe Air Basin

Portion.

(A) New or amended Rules 101-104,

201-204, 206-211, 215, 217, 301-308, and

310-319.

(81) Revised regulations for the

following APCD, submitted on February

11, 1980 by the Governor's designee.

(i) El Dorado County APCD-Lake

Tahoe Air Basin Portion.

(A) New or amended Rules 507, 511-

515, and 519-528.

2. Section 52.224, paragraph (a)(1)(ix)

is added as follows:

§ 52.224 General requirements.

(a) * * *

(1 * *

(ix) Amador County APCD. * * * * *

3. In § 52.236, paragraphs (b)(9), (c)(2),

and (g)(2) are added as follows:

§ 52.236 Rules and regulations. * * * * *

(b) *

(9) Amador County APCD.

(i) Rules 203(G), submitted on October

15, 1979, and 205(G), submitted on June

30,1972.

(c) * * *

(2) El Dorado County APCD.

(i) Rule 102(LL), submitted on

November 4, 1977, previously approved

at 43 FR 51632, and deleted by the May

23, 1979 submittal, is retained. • * * * *

(g)* * *

(2) El Dorado County APCD.

(i) Rule 104, submitted on May 23,

1979.

* * * * *

4. In § 52.273, paragraphs (a)(1)(iii), {a]{4}{ii}, {a}{13}{iii), {a}{15}{ii}, and

(b)(19) are added as follows:

§ 52.273 Open burning.

(a) * * *

(1 *

(iii) Rules 302(G) and 322, submitted

on October 15, 1979. •t * ft * ft

(4] *

(ii) Rules 302 (C), 318, and 321,

submitted on May 23, 1979. • * ft ft f f

(13)"

(iii) Rule 307, submitted on October

15, 1979.

(15]

(ii) Rules 303, 306, and 322, submitted

on October 15, 1979. ft ft ft * ft

(b)

(19) Placer County APCD.

(i) Rule 316, submitted on August 21,

1979.

(ii) Rules 318 and 323, submitted on

October 15, 1979.

5. Section 52.275, paragraph (b)(10)(ii)

is added as follows:

§ 52.275 Particulate matter control. * * * * *

(b) * *

(10)* * *

(ii) Rules 202, 207, and 211, submitted

on October 15, 1979; and Section 61, and

Rules 202 and 207, previously approved

in the June 30,1972, January 10, 1975,

and October 13, 1977 submittals, are

retained.

* * * * *

6. In § 52.280, paragraph (a)(1)(i)(A) is

revised to read as follows, and

paragraphs (a)[1)i)(B), (iii), and (iv) are

added as follows:

§ 52.280 Fuel burning equipment.

(a] * * *

(1) * * * (i) * * *

(A) Rules 209, submitted on April 21,

1976 and October 15, 1979, are

disapproved; and Regulation V, Rule 19,

previously approved m the June 30, 1972

submittal, is retained. (B) Rule 210(B)(1),

submitted on October 15, 1979, is

disapproved; and Rules 11 and 210,

previously approved in the June 30,1972

and April 21, 1976 submittals, are

retained.

(iii) Tuolumne County APCD.

(A) Rule 210, submitted on October 15,

1979, is disapproved; and Rule 407,

previously approved in the June 30,1972

submittal, is retained,

(iv) Placer County APCD.

(A) Rule 210, submitted on October 15,

1979,-is disapproved, and Rule 210,

previously approved in the October 13,

1977 submittal, is retained. * * * * *t

[FR Doc. 81-14849 Filed 5-15-81: 845 am]

OILLING CODE 6560-38-M

40 CFR Part 52

[A-9-FRL 1816-31

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision

AGENCY: Environmental Protection

Agency.

ACTION: Final rulemaking.

SUMMARY: The Environmental Protection

Agency (EPA) takes final action to

approve and, where appropriate,

disapprove or take no action on changes

to the San Luis Obispo County, Santa

Barbara County, and Monterey Bay

Unified Air Pollution Control Districts

(APCDs) and the South Coast Air

27116
Federal Register / Vol. 46, No. 95 / Monday, May 18, 1981 / Rules and Regulations

Quality Management District

(SCAQMD) portion of the California

State Implementation Plan (SIP)

submitted by the Governor's designee.

The intended effect of this action is to

update rules and regulations and to

-correct certain deficiencies in the SIP

EFFECTIVE DATE: June 17,.1981.

FOR FURTHER INFORMATION CONTACT

Louise P Giersch, Director, Air &

-lIazardous Materials Division,

Environmental Protection Agency,

Region IX, 215 Fremont Street, San

Francisco, CA 94105, Attn: Douglas

3rano, (415) 556-2938.

SUPPLEMENTARY INFORMATION: On

November 7,1980 (45 FR 73907) EPA

published a notice of proposed

rulemaking for revisions to the San Luis

)Obispo County, Santa Barbara County,

and Monterey Bay Unified APCDs and

the SCAQMD rules and regulations

submitted on January 2. May 7. May 23,

October 18, November 19, and

December 17,1979, and February 25,

March 4. and June 2,1980 by the

California Air Resources Board for

inclusion in the California SIP

As discussed in the November 7

Notice, all the revisions were evaluated,

found to be in conformance with the

requirements of 40 CFR Part 51 and EPA

policy with certain exceptions. The

Notice of Proposed Rulemaking

provided for a 60-day public comment

period. Comments were received from

the Santa Barbara County APCD.

Comment: Since Rule 205.B allows the

APCD to require applicants to install

and maintain facilities for sampling and

testing, the district deleted Rule 8.

Provisions of Sampling and Testing,

from their rule modification of 1978.

Response: EPA agrees with this

comment and the deletion of Rule 8 is

approved.

Comment: The District disagrees with

EPA's decision to take no action on Rule

303, Nuisance, and Rule 310, Odorous

Organic Sulfides, since dust or smoke

enforcement are common through the

use of this rule,

Response: EPA has taken the position

that nuisance regulations are not

specifically directed at the attainment

and maintenance of the NAAQS, and

are therefore not approvable as part of

state implementation plans. Further,

nuisance regulations are too general in

application and thus do not constitute

approvable emission limitations under

Section 110 of the Clean Air Act.

Comment: The District states that the,

typos contained in Rules 513, Evidence,

and 519, Lockof Permit,, are minor, and

that the County Counsel opinion is that

the changes can be made by errata sheet

for typos. Also, the District states that

this will be corrected in the month of

December 1980 with certified copies to

EPA/ARB.

Response: EPA agrees with these

comments and both Rules 513 and 519

are approved.

Comment: Regarding EPA's proposed

disapproval of Rule 602, Episodes/

Disasters, the District states that EPA's

comments are not true and that

mandatory Inspections are covered in

Rule 603.

Response: EPA agrees that Rule 603

provides for inspections. However, since

the District did not specifically comment

on the other deficiencies of Rule 602

listed by EPA, the rule is disapproved in

this notice.

This notice takes final action to

approve the revisions contained in the

January 2, May 7, May 23, October 18,

November 19, and December 17,1979,

and February 25, March 4, and June 2,

1980 submittals, and incorporate them

into the California SIP, except as

discussed below.

Santa Barbara

Rule 303, Nuisance, and Rule 310,

Odorous Organic Sulfides, are not

appropriate for inclusion In the SIP

because they are not specifically

directed at the attainment and

maintenance of the National Ambient

Air Quality Standards (NAAQS).

Therefore, EPA is taking no action on

these rules.

Paragraphs B and C of Rule 312, Open

Fires, permit the burning of residential

dry vegetation and right-of-way

clearance material under certain

conditions. Since burning this material is

not allowed under the current SIP rules,

it could result in an emissions increase.

Because no control strategy

demonstration was submitted to show

that this revision will not Interfere with

the attainment and maintenance of the

NAAQS, these paragraphs are

disapproved.

Paragraphs D.1 and D.2 of Rule 401,

Agricultural Burning, permit range

Improvement burning and burning of

empty pesticide sacks on "no-bum

days". As no control strategy

demonstration was submitted to show

that this potential emission increase

would not interfere with the attainment

and maintenance of the NAAQS, these

paragraphs are disapproved.

Rule 602, Episodes/Disasters, is

disapproved because it does not include

a contingency plan for the avoidance of

significant harm from elevated levels of

total suspended particulates as required

by 40 CFR 51.16, Emergency Episode.

The rule does not mandate prompt

acquisition of forecasts and updating of

stagnation; does not mandate source

inspections; and allows for the

implementation of preplanned emission

reduction strategies only after a special

session with the Air Pollution Board

instructing the Air Pollution Control

Officer to implement those plans.

Monterey Bay Unified

Rule 212, Public Availability of

Emission Data, does not provide for th(

correlation of emission data with

applicable emission limitations as

mandated by 40 CFR 51.10(c). The rule Is

approved since it partially meets the

requirements of 40 CFR 51.10(e).

However, since the correlation

requirement is not met, paragraph (b)(4)

of 40 CFR 52.224-General Requirements

is retained as applicable to the

Monterey Bay Unified District.

Paragraph i(1) of Rule 300, Permit

Fees, allows the District to recover its

legal and other costs pertaining to the

"issuance of permits and inspections

thereof." This provision is disapproved

pursuant to Section 110(a)(2)(K) of the

Clean Air Act because it culd allow

recovery of legal expenses associated

with permit enforcement actions. While

Section 110(a)(2)(K) does not prohibit

the recovery of reasonable legal

expenses associated with permit

administration through permit fees, it

specifically excludes recovery of costs

associated with enforcement actions.

Rule 402, Nuisance, is not appropriate

for inclusion in the SIP because it is not

specifically directed toward the

attainment and maintenance of the

NAAQS. Therefore, EPA is taking no

action on this rule.

No action is being taken on Rule 410,

Organic Solvents, since this rule

references rules which have not been

submitted to EPA for approval and may,

therefore, be unenforceable.

Rule 214, Breakdown Conditions, and

Rule 617, Emergency Variance, do not

provide sufficient assurance that the

NAAQS will not be violated during an

equipment breakdown and a subsequent

emergency period. Due to the lack of

sufficient NAAQS assurance in the

breakdown conditions and in the

emergency variance procedures, both

rules are disapproved.

South Coast Air Quality Management

District (SCAQMD)

Rules 67. Fuel Burning Equipment, and

72, Fuel Burning Equipment, specify

emission limits for new sources of fuel

burning equipment in the SCAQMD.

Since the emission requirements for new

fuel burning sources are being replaced

by equivalent or better-control

requirements contained in the SCAQMD

nonattainment area plan, the recission

- II

27117
Federal Register / Vol. 46, No. 95 / Monday, May 18, 1981 / Rules and Regulations

of Rules 67 and 72 is approved, as

applied to new sources. However, in

order to prevent existing sources from

removing control equipment, the

emission limits of Rules 67 and 72 are

also partially retained, applicable only

to (existing) sources granted permits

prior to final recission of Rules 67 and 72

by EPA.

In addition, a correction is being made

for a clerical error in the January 21,

1981 (46 FR 5979) Notice of Proposed

Rulemaking.

The Air Resources Board has certified

that the public hearing requirements of

40 CFR 51.4 have been met.

Under Executive Order 12291, EPA

must judge whether a regulation is

"Major" and therefore subject to the

requirement of a Regulatory Impact

Analysis. The miscellaneous SIP

approvals announced today are not

"Major" because they only approve

state actions. They impose no new

regulatory reqirements. The

disapprovals are also not Major because

they preserve the status quo. Sources

will remain subject to existing

.requirements that were previously

adopted by the state and approved by

EPA. In addition, each of these

disapprovals involves only a minor

change to the SIP which is not expected

to have a major economic effect.

This regulation was submitted to the

Office of Management and Budget for

review as required by Executive Order

12291.

(Secs. 110 and 301(a), Clean Air Act as

amended (41 U.S.C. 7410 and 7601(a)))

Note.-Incorporation by reference of the

State Implementation Plan for the state of

Californmia was approved by the Director of

the Federal Register on July 1, 1980.

Dated: May 8, 1981.

Walter C. Barber,

Acting Administrator.

Subpart F of Part 52 of Chapter 1, Title

40, of the Code of Federal Regulations is

amended as follows:

Subpart F-Califomia

1. Section 52.220 is amended by

adding paragraphs (c}(47)(vii), (50{Viii), {51}(ii}(B}, {51}(xiii), (58)(i)(B), {59){i){B),

(77), (78), and (79); and paragraph (c)(54)

is revised as follows:

§ 52.220 Identification of plan. * * * * *

(c) * * *

(47) * * *

(vii) San Luis Obispo County APCD.

(A) Rule 407 * * * "*

(50) * * *

(viii) Monterey Bay Unified APCD.

(A) Rules 403 and 602.

(51) * * *

{ii} * *

(B) Rule 617

(xiii) Santa Barbara County APCD.

(A) New or amended rules 101, 102,

103, 104, 201(A, B, D, E, F, and G), 202,

203, 204, 205(A and B), 206, 207, 208, 209,

210, 211, 301, 302, 304, 305, 306, 307, 308,

309' 311, 312, 313, 314, 315, 317, 319, 322,

324, 328, 401, 402, 403, 501, 502, 503, 504,

505, 505-A, 506, 507, 508, 509, 510, 511,

512, 513, 514, 515, 516, 517, 518, 519, 601,

602, 603, 604, 605, 606, 607, 608, 609, and

610.

(54) Revised regulations for the

following APCD's submitted on

February 25, 1980, by the Governor's

designee.

(i) Ventura County APCD.

(A] Rules 150, 152, 153, 154, 155, 156,

157, 158, 159, 160, 161, and 162.

(ii) Monterey Bay Unified APCD.

(A) Rule 422 and deletion of Rule 508.

(iii) San Luis Obispo County APCD.

(A) Rules 301, 302, 303, and 304.

(58) * * * (i) * * *

(B) New or amended rules 300, 405,

and 601. * * * * *

(59)* * *

(i) * * *

(B) New or amended rules 205, 211,

212, 213, and 214. * * * * *

(77) The following amendments to the

plan were submitted on October 18,

1979, by the Governor.

(i) San Luis Obispo County APCD.

(A] New or amended rules 415, 416,

420, and 422.

(78) Revised regulations for the

following APCD submitted on November

19, 1979, by the Governor's designee.

(i} South Coast AQMD.

(A) Deletion of rules 67 and 72,

(79) Revised regulations for the

following APCD's submitted on June 2,

1980, by the Governor's designee.

(i) Monterey Bay Unified APCD.

(A) Rule 427 • * * a a

§ 52.224 [Amended]

2. Section 52.224 is amended by

removing paragraph (a)(1)(ix)(A). * * * * *

3. Section 52.233 is amended by

revising paragraph (a)(3)(iii) to read as

follows:

§ 52.233 Review of new sources and

modifications.

(a) * * *

(3) * *

(iii) In Rule 1307(a) submitted on April

3, 1980, the following portion of the rule

is disapproved: "Greater than 68

kilograms (150 pounds) per day except

carbon monoxide, for which the value is

an increase greater than 340 kilograms

(750 pounds) per day." • * * * *

4. Section 52.236 is amended by

adding paragraph (g) as follows:

§ 52.236 Rules and regulations. * * * * *

(g) The following Air Pollution Control

District (APCD) rules are disapproved

pursuant to Section 110(a)(2)(K) of the

Clean Air Act because they could allow

recovery of legal expenses associated

with permit enforcement actions.

(1) Monterey Bay Unified APCD.

(i) Rule 300 (i)(1), Permit Fee,

submitted on December 17, 1979. * * * * *

5. Section 52.271 is amended by

adding paragraph (a)(9) as follows:

§ 52.271 Malfunction regulations.

(a) * * *

(9) Monterey Bay Unified APCD.

(i) Rule 214, submitted on March 4,

1980.

(ii) Rule 617, submitted on May 23,

1979.

* * * * *

6. Section 52.273 is amended by

adding paragraphs (a)(6)(ii)(D) as

follows:

§ 52.273 Open burning.

(a) * * *

(6] * * *

(ii) * * *

(D) Rules 312 (B) and (C), and 401

(D.1) and (D.2). * * * * *

7 Section .52.280 is amended by

adding paragraph (c) as follows:

§ 52.280 Fuel burning equipment * * * * *

(c) The emission limits of Rules 67 and

72 are partially retained, applicable only

to (existing) sources granted permits

prior to June 17, 1981.

(1) South Coast Air Quality

Management District.

(i) Rules 67, Fuel Burning Equipment,

and 72, Fuel Burning Equipment,

submitted on November 19, 1979. • * * * *

[FR Doc. 81-14567 Filed 5-15-81; &.45 ami

BILUNG COOE 6560-38-M

27118 I