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Citation: 44 Fed. Reg. 21307 1979

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register / VoL 44, No. 70 / Tuesday, April 10, 1979 / Proposed Rules

Individual Access Authorization; Formal Written Request etc.).

(b)This report shallbe submitted to the Defense Privacy Board, Office ofthe Deputy Assistant Secretary ofDefense (Administration), no later than February 15 ofeach year. Ne&ative reports shall also be submitted.
§294.14 Emergency access.

(a) Except as provided in §294.14(b)(c) and (d], nothing in this Part shall apply to a request for financial records from a financial institution when the law-enforcement office making such request determines that a delay in obtaining access to such records would create an imminent danger of.

(1) Physical injury to anyperson; (2) Serious property damage; or (3) Flight to avoid prosecution. (b) Whenever access is had to financial records pursuant to § 294.14(a)

a component official designated by the Secretary ofDefense or the Secretary of

a Military Department, as appropriate, shall:

(1) Certify in writing to the financial institution that the component has complied with the provisions of 12 U.S.C. 3401; and

(2) Within five days ofobtaining

access to financial records, submit for filing with the appropriate court a signed

sworn statement setting forth the grounds for the emergency access.

(c)After filing ofthe signed swornstatement required by § 294.14(b)(2) the component that has obtained access to financial records pursuant to §294.14(a), shall personally serve or mail to the record subject a copy of the request to the financial institution and the following notice, unless a delay ofnotice hasbeen obtained in § 294.11:

"Records concerning your transactions held by the financial institution named in the attached request were obtained by (agency or component) underthe Right toFinancial Privacy Act of1978 on (date)for the following purpose: (statewith reasonable specificity thenature ofthe law enforcement inquiry). Emergency access to such record,

was obtained on the grounds that (state grounds)."

Mailings under this paragraph shall be by certified or registered mail to the last known address ofthe record subjecL (d) The annual reporting requirements of § 294.13 shall apply to any access pursuant to §294.14(a).
Enclosure 1 Mr./Ms. XXXXX X XXXX 1500 N. MainStreet Washington,DC 20314

Dear XXXX Records or information concerning your transactions held by the financial institution named in the attached request are being sought by this (agency/ department) in accordance with the Right to Financial Privacy Actof 1978 for the following purpose: (Specifically list the purpose).

Ifyou desire that such records or information not be made available, you must

1. Fill out the accompanying motion paper and sworn statement or write one ofyour
own. stating thatyou are the customer whose records are being requested by the Government and either giving the reason you believe that the records are not relevant to thelegitimate law enforcement inquiry stated in this notice or any other legal basis for objecting to the release ofthe records.

2. File the motion and statementby mailing

or delivering them to the clerk ofany one of the following United States District Courts: (Listapplicable courts)

3. Serve the Government authority requesting the records by mailing or delivering a copy ofyourmotion and statement to: (Give titleand address).

4.Be prepared to come to court and present your position in further detail.

5. You do notneed tohave a lawyer. although you may wish to employ one to represent you and protectyour interest.

Ifyou do not follow the above procedures, upon the expiration often days from the date ofpersonal service or fourteen days from the date ofmailing ofthis notice, therecords or information requested therein may be made available. These records maybe transferred to other Government authorites for legitimate law enforcement inquiries, in which event you will benotified after the transfer.

IL.t rfdALDLrecdar. Conespandenev and Direcikrn WVadfZh a Hecd~xjt Sen'ic DepartmntofWef=& April 3,1979.
[FR Doe.79-11033 Fled 4-9-72; 45sm) BIING CODE 3810-70-M

ENVIRONMENTAL PROTECTION

AGENCY

[40 CFR Part 52]
Approval and Promulgation of Implementation Plans; Nevada State Implementation Plan Revision, Mason Valley/Fernley Area Nonattalnment Area Plans
AGENCY: Environmental Protection Agency. ACTION: Notice ofproposed rulemaking.

SUMMARY: Revisions to the Nevada State Implementation Plan (SIP) have been submitted to the Environmental Protection Agency (EPA) by the Governor. The intended effect ofthe revisions is to meet the requirements of Part D ofthe Clean Air Act, as amended in 1977, "Plan Requirements for Nonattainment Areas." This notice provides a description ofthe proposed SIP revisions, summarizes the Part D requirements, compares the revisions to these requirements, identifies major issues in the proposed revisions, and suggests corrections. On April 4,1979 (44FR 20372) EPA published a General Preamble forProposed Rulemaking on Approval ofPlan Revisions for Nonattainment Areas. The general preamble supplements this proposal.by identifying the major considerations that will guide EPA's evaluation ofthe submittal. The EPA invites public
comments on these revisions, the identified issues, suggested corrections, and whether the revisions should be approved ordisapproved, especially with respect to the requirements ofPart D ofthe Clean Air Act.
DATES: Comments maybe submitted up to June 11, 1979. ADDRESSES* Comments maybe sent to: Regional Administrator, Attn: Air and Hazardous Materials Division, Air Technical Branch. Regulatory Section (A-4], Environmental Protection Agency, Region IX 215 Fremont Street, San Francisco, CA 94105.

Copies ofthe Proposed Revisions/ Nonattainment Area Plans andEPA's associated Evaluation Reports are contained in document file NAP-NV--5 and are available forpublic inspection during normal business hours at the EPA Region IXLibrary at the above address and at the following locations: Lyon County Commission, Drawer G, Yerington, NV 89447. City ofYerington. Box 479,Yerington, NV 89447, Department ofConservation and Natural Resources. 2M S. Fall Street. Carson City,NV 89710. Public Information Reference Unit, Room 2922 (EPA Library), 401 "M" Street. S.W. Washington. DC 20460.

FOR FURTHER INFORMATION CONTACT.- Douglas Grano, Chief,Regulatory Section, Air and Hazardous Materials Division, EPA, Region IX, (415) 556-2938.

SUPPLEMENTARY INFORMATION: Background

New provisions ofthe Clean Air Act, enacted in August 1977, Pub. L No. 95- 95, require States torevise their SIPs for all areas that donot attain the National Ambient Air Quality Standards (NAAQS). The amendments required each state to submit to the Administrator a list ofthe NAAQS attainment status for all areas within the
state. The Administrator promulgated these lists, with certain modifications,

on March 3,1978 (43FR 8962). State and local gove nments were required to develop, adopt, and submit to EPA revisions to their SIP, f6rnonattainment 21307

HeinOnline -- 44 Fed. Reg. 21307 1979Federal Register

_ Vol. 44, No. 70 / Tuesday. April 10.. 1979 / Proposed Rules

areas, by January 1,1979 which meet the requirements of.Part D ofthe Clean Air Act and which provide for attainment ol the NAAQS as expeditiously as practicable. The Mason Valley/Fernley Areas have been designated nonattainment for particulate matter. Description ofProposed SIP Revisions

On December 29,1978 the Governor submitted the Mason Valley/Fernley Area Nonattainment Area Plans to EPA

as revisions to the Nevada SIP. The Nevada Department ofConservation and Natural Resources coordinated the preparation ofthe proposed SIP revisions with the Lyon County Commission and the City ofYerington which were designated by the Governor

as the air quality planning organizations for the Mason Valley]Fernley Area nonattainment areas. The nonattainment area plans for the Mason Valley/Fernley Area consist ofthe following major components:

-A basic description ofthe Federal, State, and local air pollution control requirements both past and present,

-

-A discussion of the pollutants that exceed the NAAQS, specifying the violations, and health effects, -'An examination of air quality trends through the use ofgrowth projections and emission inventories, as well as a discussion ofthe topography and meteorology ofthe area,

-A discussion of airqualit control

measures that examines feasibility, costs, technical effectiveness, and enforcement aspects, and '

-A discussion ofthe specific strategies for particulate matter control that describes.the implementation mechanism arid the environmental, social and economic impacts for each strategy.

-

The plans propose to attain the primary NAAQS forparticulate matter by inplementation and enforcement of dust ordinances to reduce emissions by stabilizing cleared land, minimizing

acres cleared at any one time, minimizing dirt spills on streets, paving) sealing access roads,.coverng dirt bein transported, enclosing stored dirt, and avoiding soil disruption and handling during severe meterological conditions. They also propose to control particulates by paving currently unpaved roads which have high daily traffic, and by preventing new unpaved roads by using street improvement plani and code requirements.

Criteria for Approval

- "

The following list summarizes the basic requirements for Nonattainment Area Plans. 1. An accurate inventory ofexisting emissions.

2. A provision for expeditious attainment ofthe standards.

3. A determination ofthe level of control needed to attain by 1982.

4.Adoption in legally enforceable form ofall measures necessary to provide for attainment, or, where adoption by 1979 is not possible, a schedule for devel6pment, adoption, submittal, and implementation ofthese

measures.
.

5. Emission reduction estimates for each adopted control measure.

6. Provisions for reasonable further progress as defined in section 171 ofthe Clean Air Act.

7.An identification ofemissions growth.

8.Provisions for annual reporting with respect to items (4) and (6) above.

9.A permit program for major new or modified sources consistent with Section 173 of the Clean Air Act.

10. An identification of and commitment to the resources necessary to carry out the plan.

11. Evidence ofpublic, local government, and state involvement and consultation.

12.Evidence that the proposed SIP revisions were adopted by-the state after reasonable notice and public hearing.

Issues

This section discusses whether the plan elements ofthe Mason Valley/ Fernley Area Nonattainment Area Plans satisfy thebasic criteria for approval. The paragraph numbers correspond to the preceding section, Criteria for Approval. Where a significant plan discrepancy is identified, recommendations for revision ofthe plan are specified. The citations in the comments refer to section 110, and Part D, sections 171-178 ofthe Clean Air Act,

as amended.

1.EmissionInventory.The plans include an emission inventory for total suspended particulates identifying emission source categories and their estimated present emissions. The emissioninventories appear to be 'reasonably comprehensive, current, and accurate forair pollution control -planning in this area as required by Section 172(b)(4).

-

2.AttainmentProvision. The provision ofreasonable further progress in the plans represent the incremental reductions needed for expeditious attainment by 1982. Although the currently approved SIP regulations are equivalent to reasonably available 'control technology fortraditional stationary sources, reductions in fugitive dust emissions for nontraditional

sources will be necessary if the indicated reasonable further progress lines are to be met. The plans state that emission reductions can result from control offugitive dust through dust ordinances and road paving schedules to reduce emissions from vehicle traffic,

Due to the unavailability ofprecise emission factors forthese fugitive dust
measures, the plans cannot, at this time, quantify the expected emission reductions. The State should provide this information in future annual reports based on findings concerning the local effectiveness ofthe fugitive dust control tactics. Upon EPA's receipt of a commitment to schedules forthe study, adoption, and implementation of additional fugitive dust measures, the provisions of Section 172(a) would be satisfied.

The State requested an extension of 18 months for submittal ofplans for attainment ofthe secondary standards, These requests appear consistent with the provisions of40 CFR 51.31, since the SIP shows that attainment ofthe secondary standard will require emission reductions greater than those that would result from the application of all'reasonably available control technology.

3. LevelofControl. The plans use a proportional or 'rollback" model to determine emission reductions required
to attain the primary standard. This approach appears to be acceptable as the inventories indicate that nontraditional sotirces are the primary

cause ofemissions in the areas. If further analysis reveals that emissions

are not relatively evenly distributed throughout the planning areas, more sophisticated dispersion modeling may be useful to assistin defining the necessay levels ofcontrol.

- 4.LegallyAdoptedMeasures! Schedules.The SIP regulations (approved portions ofArticle 4--Visible Emissions, and Article 7-Particulate Matter) applicable to industrial particulate sources within the nonattainment areas are determined to be equivalent to reasonably available control technology.

The plans indicate that emission reductions can result from control of fugitive dust through dust ordinances and road paving schedules to reduce emissions from vehicle traffic. Upon EPA's receipt of a commitment to schedules for the study, adopting, and implementation ofneeded fugitive dust
measures, the provisions ofsection 172(b)(2), 172(b)(8), and 172(b)(10) would be satisfied. I I 21308 •

HeinOnline -- 44 Fed. Reg. 21308 1979Federal Register / VoL 44. No. 70 / Tuesday. April 10. 1979 / Proposed Rules

5.EmissionReductionEstimates.The plans do not include quantified emission reduction estimates forfugitive dust control measures due tothe unavailability ofarea-specific data on these measures. The state should commit toprovide this information in future annual reports based on findings concerning the local effectiveness of fugitive dust control tactics.

6.Reasonable Further Progress. The provision ofreasonable further progress in the plans appears to be consistent with the intent ofsection 172(b)(3) and section 17111), since it represents regular incremental reductions needed for expeditious attainment, withpresent application ofreasonably available control technology and commitments to reduce fugitive dust emissions. The annual report is expected to update the provision forreasonable further progress based upon further evaluations ofthe emission inventory and the effectiveness ofthe control measures.

7.EmissionsGrowth.The provisions of section 172(b)(5) appear tobe satisfied by the plans' assertion that no major new or modified stationary

sources are anticipated for the areas. The plans may be modified to provide for sucir growth ifthis condition should change.

8. AnnualReporting. The plans do not contain a commitment fromthe State to submit annual reports regarding reasonable further progress and completion of scheduled plan elements. Upon EPA'sreceipt ofsuch a commitment from the State, the requirements ofsection 172(b)(4) would be satisfied.

9.Permit Program.Section 172(b)(6) requires apreconstruction review permit program for majornew or modified

sources conforming to the requirements of section 173. Thisrequirement would be satisfied ifthe State submits such preconstruction review regulations meeting these Part D provisions.

10.Resources.The plans donot contain anidentification and a commitment offinancial and manpower
resources necessary for the plans' implementation. The State has informed EPA that such a commitment is forthcoming. Uponreceipt ofthis essential commitmentthe requirement of section 172(b)(7) would be met

11.PublicandGovernment Involvement.The plans provide evidence ofpublic,local government, and State involvement and consultation in the planning process. In addition, the plans identify air quality,health, welfare, economic, energy, and social effects ofthe plans' provisions. In order to satisfy the requirements ofiction 172(b)(9) concerning consultation, participation, and impacts analysis, the State must also submit summaries ofthe public comments.

12. Public Hearing. Theplans conform
to section 172(b)(1) and40 CFR 51.4 since they include evidence that the SIP revisions were adopted by the State after reasonable notice andpublic hearing.
Public Comments

Under section 110 ofthe Clean Air Act, as amended, and 40 CFR Part 51, the Administrator isrequired to approve
or disapprove revisions to the SIP submitted by the State. The Regional Administrator hereby issues this notice setting forth the above described revisions as proposed rulemaking and advises the public that interested persons may participate by submitting written comments to the Region IX Office during the specified comment 'period.Comments received will be available for public inspection at the EPARegion IX Library and at the locations listed in the ADDRESSES Section ofthis notice.

The Administrator's decision to approve or disapprove the proposed revisions will be based on the comments received and on a determination whether the revisions meet the requirements ofSection 110(a)(2) and Part D ofthe Clean AirAct and 40 CFR Part 51, Requirements forPreparation, Adoption, and Submittal ofState Implementation Plans. (Section 110,129,171 to 178 and 301(a) ofthe Clean AirAct as amended (42 U.S.C. 7410, 7429, 7501 to 7508, and 7601(a)).).

Date& March 197/9.

SL

h K Pzndivle. AcfngWgWna)Admlrdslrar.

[FR Doe. 79-1U00 Fled4--M &45am] BILLING CODE 0.t-0i-M

[40 CFR Part 52]
Approval and Promulgation of Implementation Plans; Nevada State Implementation Plan Revision, Lander County Nonattainment Area Plan
AGENCY. Environmental Protection Agency. ACTION: Notice ofproposed rulemaking.

SUMMARY. Revisions to the Nevada State Implementation Plan (SIP) have been submitted to the Environmental Protection Agency (EPA) by the Governor. The intended effect ofthe revisions is to meet the requirements of PartD of the Clean Air Act as amended in 1977, "PlanRequirements for Nonattainment Areas." This notice provides a description ofthe proposed SIP revisions, summarizes the PartD requirements, compares the revisions to these requirements, identifies major issues in the proposed revisions, and suggests corrections. On April 4,1979 (44FR 20372) EPA published a General Preamble forProposed Rulemaking on Approval ofPlanRevisions for Nonattainment Areas. The general preamble supplements thisproposal by identifying the major considerations that will guide EPA's evaluation ofthe submittal. TheEPA invites public comments on these revisions, the identified issues, suggested corrections, and whether the revisions shouldbe approved or disapproved, especially with respect to the requirements ofPart D ofthe Clean Air Act

DATES: Comments maybe submitted up to June 11,1979. ADDRESSES: Comments maybe sent to: Regional Administrator,Attn: Air & Hazardous Materials Division. Air Technical Branch. Regulatory Section (A-4), Environmental Protection Agency. Region IX, 215 Fremont Street, San Francisco, CA94105.

Copies ofthe Proposed Revisions/ Nonattainment AreaPlan andEPA's associated Evaluation Report are contained in document fileNAP-NV-3 and are available for publicinspection during normal business hourset theEPA Region IX Library at the above address and at the following locations:

Lander County Commission. Courthouse, Austin, NV 89502.

Department ofConservation and Natural Resources, 201 S.Fall Street Carson City, NV 89710.

Public Information Reference Unit, Room 2922 (EPALibrary). 401MI' Street. SW.,Washington, D.C. 20460. FOR FURTHER INFORMATION CONTACT: Douglas Grano, Chief,Regulatory Section, Air & Hazardous Materials Division, EPA, Region IX (415) 556-2938.
SUPPLEMENTARY INFORMATION: Background

Newprovisions ofthe Clean AirAct, enacted inAugust 1977,Pub. L.No. 95- 95, require states to revise theirSIPs for all areas thatdo not attain the National Ambient Air Quality Standards (NAAQS). The amendments required each state to submit to the Administrator a list ofthe NAAQS attainment status forall areas within the state. The Administrator promulgated theselists, with certain modifications.

onMarch 3,1978 (43 FR 8962). State and local governments wererequired to develop, adopt, and submit toEPA 21309

HeinOnline -- 44 Fed. Reg. 21309 1979