# + 2

(,1 1/,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.

Thisregulation was submitted to the Office ofManagement and Budget for review as required by Executive Order 12291. (Secs. 110, 301(a), CleanAir Act as amended (42 U.S.C. 7410 and 7601(a)))

Dated: May 12, 1981. Walter C. Barber, ActingAdministrator.

Subpart F ofPart 52 ofChapter I,Tide 40, ofthe Code ofFederal 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 AirBasin 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 oramended Rules 404, 602. and 603.

* * * * *

(52) * * * (xi) Amador CountyAPCD. (A) New oramended 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, and404.

* * * * *

(80) Thefollowing 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 AirBasin 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 Rulesand 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 FR51632, and deleted by the May 23, 1979 submittal, isretained.

• * * * *

(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 inthe October 13, 1977 submittal, is retained.

* * * * *t

[FR Doc. 81-14849 Filed 5-15-81: 845am] 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 27116Federal Register / Vol. 46, No. 95 / Monday, May 18, 1981 / Rules and Regulations

Quality Management District (SCAQMD) portion oftheCalifornia State Implementation Plan (SIP) submitted by the Governor's designee. The intended effect ofthis action is to update rules and regulations and to -correctcertain 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 (45FR 73907) EPA published a notice ofproposed rulemaking for revisions to the San Luis )Obispo County, Santa Barbara County, andMonterey BayUnified APCDs and the SCAQMD rules andregulations submitted onJanuary 2. May 7.May 23, October 18,November 19, and December 17,1979, andFebruary 25, March 4. and June 2,1980 bythe California Air Resources Board for inclusion in the California SIP

As discussed inthe November 7 Notice, all the revisions were evaluated, foundto be in conformance with the requirements of40 CFR Part 51 and EPA policywith certain exceptions. The Notice ofProposed Rulemaking provided for a 60-day publiccomment 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

SamplingandTesting, from their rule modification of1978.

Response: EPA agrees with this comment and the deletion ofRule 8is approved.

Comment: The District disagrees with EPA's decision to take no action on Rule 303, Nuisance,and Rule 310, Odorous OrganicSulfides,since dust or smoke enforcement are common through the

use of thisrule,

Response: EPA hastaken theposition that nuisance regulations are not specifically directed at the attainment and maintenance oftheNAAQS, and

are therefore not approvable as part of state implementation plans. Further, nuisance regulations are too general in application and thus do notconstitute approvable emission limitations under Section 110of theClean AirAct.

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 willbe corrected in the month of December 1980with certified copies to EPA/ARB.

Response: EPA agrees with these comments andboth Rules 513 and 519

are approved.

Comment: Regarding EPA'sproposed disapproval ofRule 602,Episodes/ Disasters, the District states that EPA's comments are nottrue and that mandatory Inspections are covered in Rule 603.

Response: EPA agrees that Rule 603 provides forinspections. However, since the District did not specifically comment

on the other deficiencies ofRule 602 listed byEPA, the rule is disapproved in thisnotice.

This notice takes final action to approve the revisions contained inthe January 2, May 7, May 23, October 18, November 19, and December 17,1979, andFebruary 25, March 4, and June 2, 1980submittals, and incorporate them intothe California SIP,except as discussed below.
Santa Barbara

Rule 303,Nuisance,and Rule 310, OdorousOrganic Sulfides, are not appropriate for inclusion In the SIP because they are not specifically directed at the attainment and maintenance oftheNational Ambient Air Quality Standards (NAAQS). Therefore, EPA is taking no action on these rules.

Paragraphs B and C ofRule 312, Open Fires, permit theburning ofresidential dry vegetation andright-of-way clearance material under certain conditions. Since burning this material is not allowed under the current SIPrules, it could result in an emissions increase. Because no control strategy demonstration was submitted to show that thisrevision willnot Interfere with the attainment and maintenance ofthe NAAQS, these paragraphs are disapproved.

Paragraphs D.1 and D.2 ofRule 401, Agricultural Burning,permit range Improvement burning andburning of empty pesticide sacks on "no-bum days". As no control strategy demonstration was submitted to show that this potential emission increase would notinterfere with the attainment andmaintenance ofthe NAAQS, these paragraphs are disapproved.

Rule 602,Episodes/Disasters, is disapproved because it doesnot include

a contingency planfor the avoidance of significant harm from elevated levels of total suspended particulates asrequired by40 CFR 51.16, Emergency Episode. The rule does notmandate prompt acquisition offorecasts and updating of stagnation; doesnot mandate source inspections; and allows forthe implementation ofpreplanned emission reduction strategies only after a special sessionwith the AirPollution Board instructing the AirPollution Control Officer to implement those plans. Monterey Bay Unified

Rule 212,PublicAvailabilityof EmissionData,does notprovide for th( correlation ofemission data with applicable emission limitations as mandated by 40CFR 51.10(c). The ruleIs approved since it partially meets the requirements of40 CFR 51.10(e). However, since the correlation requirement is notmet, paragraph (b)(4) of40 CFR 52.224-General Requirements is retained as applicable to the Monterey Bay Unified District.

Paragraph i(1) ofRule 300,Permit Fees,allows the District to recover its legal and other costspertaining to the "issuance ofpermits and inspections thereof." This provision is disapproved pursuant to Section 110(a)(2)(K) of the CleanAir Actbecause it culd allow recovery oflegal expenses associated with permit enforcement actions. While Section 110(a)(2)(K) does notprohibit the recovery ofreasonable legal expenses associated with permit administration through permit fees, it specifically excludes recovery ofcosts associated with enforcement actions.

Rule 402, Nuisance,is not appropriate for inclusion in the SIPbecause itis not specifically directed toward the attainment and maintenance ofthe NAAQS. Therefore, EPA is taking no action onthis rule.

No action is being taken on Rule 410, OrganicSolvents,since this rule references rules which havenot been submitted to EPA for approval and may, therefore, be unenforceable.

Rule 214,Breakdown Conditions,and Rule 617,EmergencyVariance,do not provide sufficient assurance that the NAAQS will notbe 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.FuelBurningEquipment,and 72, Fuel Burning Equipment,specify emission limitsfor new sources of fuel burning equipment in the SCAQMD. Since the emission requirements for new fuel burning sources are being replaced byequivalent orbetter-control requirements contained in the SCAQMD nonattainment area plan,the recission - II 27117Federal Register / Vol. 46, No. 95 / Monday, May 18, 1981 / Rules and Regulations

ofRules 67 and 72 is approved, as applied to new sources.However, in orderto prevent existing sources from removing control equipment, the emission limits ofRules 67 and 72 are also partially retained, applicable only to (existing) sources granted permits prior to final recission ofRules 67 and 72 by EPA.

In addition, a correction is being made for a clerical error in the January 21, 1981 (46FR 5979)Notice ofProposed Rulemaking.

TheAir 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 ofa 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 SIPwhich is not expected to have a major economic effect.

This regulation was submitted to the Office ofManagement and Budget for review as required by Executive Order 12291. (Secs. 110 and 301(a), Clean Air Actas amended (41 U.S.C. 7410 and 7601(a)))

Note.-Incorporation byreference ofthe State Implementation Plan forthe state of Californmia was approved by the Director of the Federal Register on July 1,1980.

Dated: May 8, 1981. Walter C. Barber, ActingAdministrator.

Subpart FofPart 52 ofChapter 1,Title 40, ofthe Code ofFederal 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 Identificationof 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 ofRule 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 ofrules 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 ofthe 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 oflegal expenses associated with permit enforcement actions.

(1)Monterey Bay UnifiedAPCD. (i) Rule 300 (i)(1), PermitFee, 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 burningequipment

* * * * *

(c) The emission limits ofRules 67 and 72 are partially retained, applicable only
to (existing) sources granted permits prior toJune 17, 1981.

(1) South Coast Air Quality Management District.

(i) Rules 67, FuelBurningEquipment, and 72,FuelBurningEquipment, submitted on November 19, 1979.

• * * * *

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

BILUNG COOE 6560-38-M 27118

I