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Citation: 44 Fed. Reg. 21307 1979 

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Federal Register / VoL 44, No. 70 / Tuesday, April 10, 1979 / Proposed Rules

Individual Access Authorization; Formal

Written Request etc.).

(b) This report shall be submitted to

the Defense Privacy Board, Office of the

Deputy Assistant Secretary of Defense

(Administration), no later than February

15 of each 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 any person;

(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 of Defense 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 of obtaining

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 of the 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 of notice

has been obtained in § 294.11:

"Records concerning your transactions

held by the financial institution named in the

attached request were obtained by (agency or component) under the Right to Financial

Privacy Act of 1978 on (date) for the

following purpose: (state with reasonable

specificity the nature of the 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 of the 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. Main Street

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 Act of 1978 for the

following purpose: (Specifically list the

purpose).

If you 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 of your own. stating that you 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

the legitimate law enforcement inquiry stated

in this notice or any other legal basis for

objecting to the release of the records.

2. File the motion and statement by mailing or delivering them to the clerk of any one of

the following United States District Courts:

(List applicable courts)

3. Serve the Government authority

requesting the records by mailing or delivering a copy of your motion and

statement to: (Give title and address).

4. Be prepared to come to court and present

your position in further detail.

5. You do not need to have a lawyer.

although you may wish to employ one to

represent you and protect your interest.

If you do not follow the above procedures,

upon the expiration of ten days from the date

of personal service or fourteen days from the

date of mailing of this notice, the records or information requested therein may be made

available. These records may be transferred

to other Government authorites for legitimate

law enforcement inquiries, in which event

you will be notified after the transfer.

IL. t rfdAL DLrecdar.

Conespandenev and Direcikrn WVadfZh a Hecd~xjt Sen'ic Departmnt ofWef=&

April 3,1979.

[FR Doe. 79-11033 Fled 4-9-72; 45 sm)

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 of proposed 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 of the

revisions is to meet the requirements of

Part D of the Clean Air Act, as amended

in 1977, "Plan Requirements for

Nonattainment Areas." This notice

provides a description of the 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

(44 FR 20372) EPA published a General

Preamble for Proposed Rulemaking on

Approval of Plan Revisions for

Nonattainment Areas. The general

preamble supplements this proposal. by

identifying the major considerations that

will guide EPA's evaluation of the

submittal. The EPA invites public

comments on these revisions, the

identified issues, suggested corrections,

and whether the revisions should be

approved or disapproved, especially

with respect to the requirements of Part

D of the Clean Air Act.

DATES: Comments maybe submitted up

to June 11, 1979.

ADDRESSES* Comments may be 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 of the Proposed Revisions/

Nonattainment Area Plans and EPA's

associated Evaluation Reports are

contained in document file NAP-NV--5

and are available for public inspection

during normal business hours at the EPA

Region IX Library at the above address

and at the following locations:

Lyon County Commission, Drawer G,

Yerington, NV 89447.

City of Yerington. Box 479, Yerington, NV

89447,

Department of Conservation 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 of the Clean Air Act,

enacted in August 1977, Pub. L No. 95-

95, require States to revise their SIPs for

all areas that do not attain the National

Ambient Air Quality Standards

(NAAQS). The amendments required

each state to submit to the

Administrator a list of the NAAQS

attainment status for all areas within the

state. The Administrator promulgated

these lists, with certain modifications,

on March 3,1978 (43 FR 8962). State and

local gove nments were required to

develop, adopt, and submit to EPA

revisions to their SIP, f6r nonattainment

21307

HeinOnline -- 44 Fed. Reg. 21307 1979
Federal Register _ Vol. 44, No. 70 / Tuesday. April 10.. 1979 / Proposed Rules

areas, by January 1,1979 which meet the

requirements of.Part D of the 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 of Proposed 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 of Conservation

and Natural Resources coordinated the

preparation of the proposed SIP

revisions with the Lyon County

Commission and the City of Yerington

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 of the

following major components:

-A basic description of the 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 of growth

projections and emission inventories, as

well as a discussion of the topography

and meteorology of the area, -A discussion of air qualit control

measures that examines feasibility,

costs, technical effectiveness, and

enforcement aspects, and '

-A discussion of the 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 for particulate 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 of existing

emissions.

2. A provision for expeditious

attainment of the standards.

3. A determination of the level of

control needed to attain by 1982.

4. Adoption in legally enforceable

form of all measures necessary to

provide for attainment, or, where

adoption by 1979 is not possible, a

schedule for devel6pment, adoption,

submittal, and implementation of these

measures. .

5. Emission reduction estimates for

each adopted control measure.

6. Provisions for reasonable further

progress as defined in section 171 of the

Clean Air Act.

7. An identification of emissions

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 of public, 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 of the Mason Valley/

Fernley Area Nonattainment Area Plans

satisfy the basic criteria for approval.

The paragraph numbers correspond to

the preceding section, Criteria for

Approval. Where a significant plan

discrepancy is identified,

recommendations for revision of the

plan are specified. The citations in the

comments refer to section 110, and Part

D, sections 171-178 of the Clean Air Act,

as amended.

1. Emission Inventory. The plans

include an emission inventory for total

suspended particulates identifying

emission source categories and their

estimated present emissions. The

emission inventories appear to be

'reasonably comprehensive, current, and

accurate for air pollution control

-planning in this area as required by

Section 172(b)(4). -

2. Attainment Provision. The

provision of reasonable 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 for traditional

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 of fugitive dust through dust

ordinances and road paving schedules

to reduce emissions from vehicle traffic,

Due to the unavailability of precise

emission factors for these 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 of the fugitive dust control

tactics. Upon EPA's receipt of a

commitment to schedules for the 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 of plans for

attainment of the secondary standards,

These requests appear consistent with

the provisions of 40 CFR 51.31, since the

SIP shows that attainment of the

secondary standard will require

emission reductions greater than those

that would result from the application of

all'reasonably available control

technology.

3. Level of Control. 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 of emissions 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 assist in defining the

necessay levels ofcontrol. - 4. Legally Adopted Measures!

Schedules. The SIP regulations

(approved portions of Article 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 of needed fugitive dust

measures, the provisions of section

172(b)(2), 172(b)(8), and 172(b)(10) would

be satisfied.

I I 21308 •

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

5. Emission Reduction Estimates. The

plans do not include quantified emission

reduction estimates for fugitive dust

control measures due tothe

unavailability of area-specific data on

these measures. The state should

commit to provide this information in

future annual reports based on findings concerning the local effectiveness of

fugitive dust control tactics.

6. Reasonable Further Progress. The

provision of reasonable further progress in the plans appears to be consistent

with the intent of section 172(b)(3) and

section 17111), since it represents regular

incremental reductions needed for

expeditious attainment, with present application of reasonably available

control technology and commitments to

reduce fugitive dust emissions. The

annual report is expected to update the

provision for reasonable further

progress based upon further evaluations

of the emission inventory and the

effectiveness of the control measures.

7. Emissions Growth. The provisions

of section 172(b)(5) appear to be

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 if this condition should

change.

8. AnnualReporting. The plans do not

contain a commitment from the State to

submit annual reports regarding

reasonable further progress and

completion of scheduled plan elements.

Upon EPA's receipt of such a

commitment from the State, the

requirements of section 172(b)(4) would

be satisfied.

9. Permit Program. Section 172(b) (6)

requires a preconstruction review permit

program for major new or modified

sources conforming to the requirements

of section 173. This requirement would

be satisfied if the State submits such

preconstruction review regulations

meeting these Part D provisions.

10. Resources. The plans do not

contain an identification and a

commitment of financial and manpower

resources necessary for the plans'

implementation. The State has informed

EPA that such a commitment is

forthcoming. Upon receipt of this

essential commitmentthe requirement

of section 172(b)(7) would be met

11. Public and Government

Involvement. The plans provide evidence of public, 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 of the plans' provisions. In order

to satisfy the requirements of iction

172(b)(9) concerning consultation,

participation, and impacts analysis, the

State must also submit summaries of the

public comments.

12. Public Hearing. The plans conform

to section 172(b)(1) and 40 CFR 51.4

since they include evidence that the SIP

revisions were adopted by the State

after reasonable notice and public

hearing.

Public Comments

Under section 110 of the Clean Air

Act, as amended, and 40 CFR Part 51,

the Administrator is required 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

EPA Region IX Library and at the

locations listed in the ADDRESSES

Section of this 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 of Section 110(a)(2) and

Part D of the Clean Air Act and 40 CFR

Part 51, Requirements for Preparation,

Adoption, and Submittal of State

Implementation Plans.

(Section 110,129,171 to 178 and 301(a) of the

Clean Air Act 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 Fled 4--M &45 am]

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 of proposed 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 of the

revisions is to meet the requirements of

Part D of the Clean Air Act as amended

in 1977, "Plan Requirements for

Nonattainment Areas." This notice

provides a description of the 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

(44 FR 20372) EPA published a General

Preamble for Proposed Rulemaking on

Approval of Plan Revisions for

Nonattainment Areas. The general

preamble supplements this proposal by

identifying the major considerations that

will guide EPA's evaluation of the

submittal. The EPA invites public

comments on these revisions, the

identified issues, suggested corrections,

and whether the revisions should be

approved or disapproved, especially

with respect to the requirements of Part

D of the Clean Air Act

DATES: Comments may be submitted up

to June 11,1979.

ADDRESSES: Comments may be 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, CA 94105.

Copies of the Proposed Revisions/

Nonattainment Area Plan and EPA's

associated Evaluation Report are

contained in document file NAP-NV-3

and are available for public inspection

during normal business hours et the EPA

Region IX Library at the above address

and at the following locations:

Lander County Commission.

Courthouse, Austin, NV 89502.

Department of Conservation and

Natural Resources, 201 S. Fall Street

Carson City, NV 89710.

Public Information Reference Unit,

Room 2922 (EPA Library). 401 MI'

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

New provisions of the Clean Air Act,

enacted in August 1977, Pub. L. No. 95-

95, require states to revise their SIPs for

all areas that do not attain the National

Ambient Air Quality Standards

(NAAQS). The amendments required

each state to submit to the

Administrator a list of the NAAQS

attainment status for all areas within the

state. The Administrator promulgated

these lists, with certain modifications.

on March 3,1978 (43 FR 8962). State and

local governments were required to

develop, adopt, and submit to EPA

21309

HeinOnline -- 44 Fed. Reg. 21309 1979