19330 Federal Register / Vol. 47, No. 87 / Wednesday, May 5, 1982 / Rules and Regulations

40 CFR Part 52

(A-9-FRL-1909-71

Approval and Promulgation of

Implementation Plans; Santa Barbara

County, California, Nonattainment

Area Plan

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final rulemaking.

SUMMARY: On September 5, 1980, the

Environmental Protection Agency (EPA)

published a notice of proposed

rulemaking for the South Central Coast

Air Basin nonattainment area plan

(NAP) for ozone (O), carbon monoxide

(CO), and total suspended particulate

matter (TSP). EPA is today conditionally

approving the South Central Coast Air

Basin NAP for the Santa Barbara

County nonattainment areas.

DATE: This action is effective on May 5,

1982.

FOR FURTHER INFORMATION CONTACT.

David Howecamp, Acting Director, Air

and Hazardous Materials Division,

Environmental Protection Agency,

Region 9, 215 Fremont Street, San

Francisco, CA 94105, Attn: Douglas

Grano (415) 974-8222.

A copy of today's revision to the

California State Implementation Plan

(SIP) is located at: The Office of the

Federal Register, 1100 "L" Street, NW.,

Room 8401, Washington, D.C. 20408.

SUPPLEMENTARY INFORMATION:

Background

On October 18, 1979, the California

Air Resources Board (ARB) submitted

revisions to the California SIP for the

South Central Coast Air Basin including

control strategies and regulations for O,

CO, and TSP for Santa Barbara County.

Additional regulatory revisions were

submitted on December 24, 1979 and

May 1, 1980, by the ARB. These

revisions comprise the NAP and are

intended to provide for attainment of the

National Ambient Air Quality Standards

(NAAQS) in the Santa Barbara County

nonattainment areas.

On September 5, 1980 (45 FR 58912),

EPA published a notice of proposed

rulemaking for the Santa Barbara

County portion of the NAP. That notice

should be used as a guide in reviewing

today's notice. Yhe September 5, 1980

notice provides a description of the

NAP, summarizes the applicable Clean

Air Act requirements into 14 criteria,

compares portions of the NAP to those

criteria, and proposes to approve and

conditionally approve portions of the

NAP.

Supplemental Revisions

The September 5, 1980 notice

proposed to approve Rule 325, "Storage

of Petroleum and Petroleum Products,"

submitted by the ARB on May 1, 1980.

This rule was submitted on October 23,

1981 and was changed to clarify its

intent, renumber portions of the rule,

and add requirements for internal

floating roof covers.

The September 5, 1980 notice also

proposed to conditionally approve the

TSP attainment provision portion of the

NAP. On November 18, 1981, the ARB

submitted a schedule to study

nontraditional TSP sources and a

commitment to implement the control

measures which result from the study.

This action satisfies the proposed

condition of approval.

EPA has determined that "good

cause" exists (see Administrative

Procedure Act, 5 U.S.C. 553(b)) to

approve the above items without

providing further notice and opportunity

to comment EPA has already provided

opportunity to comment on the

substance of these items which were

addressed in the September 5, 1980

proposal notice. Additional comment

would serve no practical purpose since

these revisions merely satisfy certain

conditions of approval or are minor

changes.

Public Comments

During the public comment period

EPA received comments from 8 public

interest groups and government

agencies. A document containing the

summarization of substantive comments

and the EPA response to each, entitled

"EPA Public Comment Technical

Support Document", is available for

public inspection as a part of Document

File NAP-CA-23 at the EPA library in

Washington, D.C., at the EPA Region 9

offices in San Francisco, CA and at the

other file locations.

EPA Actions

The criteria used in EPA's review are

detailed in the General Preamble and

four supplements referenced in the

notice of proposed rulemaking.

While EPA's evaluation of the NAP

for ozone includes use of "Control

Technique Guidelines" ("CTG's")

documents as a "presumptive norm," the

States may adjust the recommended

controls or develop requirements which are not based on the CTG's, provided

that they submit information supporting

their decisions.

It should be noted that action may be

taken on a portion of the NAP for a specific pollutant or rule.*Therefore, a

portion of the NAP may be adequate for

one pollutant but inadequate for others.

Further, a rule may be adequate under

section 110, but inadequate under

section 172 or 173 of the Act. EPA's

policy is to take final action on all

portions of the NAP for each pollutant.

Therefore, this notice contains a series

of actions for each pollutant and for

each portion of the NAP rather than a

single action. The following three

actions are possible for each portion of

the NAP.

1. Disapproval where deficiencies are

of such magnitude as to significantly

interfere with the basic objective; or

2. Approval where the portion of the

NAP under consideration meets all

requirements; or

3. Approval with conditions where

deficiencies exist, but where the effect

of the deficiency is not judged to be

major and where the State has agreed to

take those steps necessary to correct the

deficiency. In this case, it is EPA's

understanding that the State will

proceed expeditiously to correct the

noted deficiency by certain dates.

For further information, see the

supplements to EPA's General Preamble.

EPA's final actions on the NAP for the

Santa Barbara County nonattainment

areas for 03, CO. and TSP are described

below and are based on the proposed

rulemaking notice and on public

comments received by EPA.

Approved Portions of the NAP for Santa

Barbara County

EPA is taking final action under

section 110 of the Clean Air Act to

approve the following rules since they

provide emission limits necessary to

insure attainment of the NAAQS: rules

316, 320, 321, 323, 325, 327, and 329 to

332. EPA is also taking action under

section 172 of the Act to approve rules

318, 321, 325, 329, 330, and 332 since they

satisfy the requirement for reasonably

available control technology.

As proposed in the September 5, 1980

notice and as discussed in the Public

Comment Technical Support Document,

EPA has determined that the following

portions of the NAP are consistent with

Part D of the Clean Air Act. Therefore

EPA is taking final action to approve

these portions of the NAPEmission inventory, modeling,

emission reduction estimates,

attainment provision, reasonable further

progress, emissions growth, annual

reporting, public and government

involvement, resources, and public

hearing requirements.
Federal Register / Vol. 47, No. 87 / Wednesday, May 5, 1982 / Rules and Regulations

Conditionally Approved Portions of the

NAP for Santa Barbara County

As discussed in the September

proposal and the Public Comment

Technical Support Document the

following portions of the NAP contain

minor deficiencies which the State and

Santa Barbara County have assured

EPA that they will correct. EPA

therefore takes final action to

conditionally approve the following

portions of the NAP: legally adopted

measures and permit program.

The material required to satisfy the

conditions of approval is specified

below and must be submitted as a SIP

revision:

1. By July 6, 1982 the New Source

Review rules must be revised to meet

the requirements in EPA's amended

regulations for NSR under section 173

(45 FR 31307, May 13, 1980 and 45 FR

52676, August 7,1980).

2. By July 6, 1982 the cutback asphalt

rule must be revised so it does not allow

for indefinite compliance date

extensions.

Final Overall Action on the NAP for

Santa Barbara County

EPA is taking final action under Part

D of the Clean Air Act to conditionally

approve overall the Santa Barbara

County portions of the South Central

Coast Air Basin NAP for O, CO, and

TSP. As a result, the prohibition on

construction of major new and modified

sources in Santa Barbara County is no

longer in effect.

Regulatory Process

The zWw SIP requirements approved

or conditionally approved by today's

notice are an addition to the existing SIP

and do not supersede or replace the ',old" SIP requirements until a source

comes into compliance with the new

requirements. For further information,

see EPA's General Preamble.

As a result of approval of certain

rules, EPA is taking final action to

rescind the following analogous

requirements in 40 CFR Part 52 for Santa

Barbara County: § § 52.252, 52.253. 52.255

and 52.256.

EPA finds good cause to make the

action immediately effective since it

removes the construction ban.

Under Executive Order 12291, EPA

must judge whether a regulation is

"major" and therefore subject to the

requirement of a Regulatory Impact

Analysis. This regulation is not major

because it approves State actions and

imposes no new regulatory

requirements. This regulation was submitted to the Office of Management

and Budget for review as required by

Executive Order 12291.

Under the Clean Air Act, any petitions

for judicial review of this action must be

filed in the United States Court of

Appeals for the appropriate circuit by

July 6. 1982. This action may not be

challenged later in proceedings to

enforce its requirements.

List of Subjects in 40 CFR Part 52

Air pollution control, Ozone, Sulfur

oxides, Nitrogen dioxide, Lead,

Particulate matter, Carbon monoxide,

Hydrocarbons.

Pursuant to section 605(b) of the

Regulatory Flexibility Act, I certify that

this action will not have a significant

economic impact on a substantial

number of small entities. This action

merely approves state actions. This

action imposes no new requirements for

the sources in California.

Incorporation by reference of the State

Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1981.

(Secs. 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)))

Dated April 22, 1982.

Anne M. Gorsuch,

Administrator.

PART 52-APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

Subpart F of Part 52 of Chapter I of

Title 40 of the Code of Federal

Regulations is amended as follows:

Subpart F-California

1. Section 52.220, paragraph (c), is

amended by adding subparagraphs

(74)(ii), (77)(ii), (103)(iii) and (105) as

follows:

§ 52.220 Identification of plan.

(c) * * * (74) * * *

(ii) Santa Barbara County.

(A) Rule 316.

(77) * * *

(ii) The South Central Coast Air Basin

Control Strategy (Chapter 17 of the

Comprehensive Revision to the State of

California Implementation Plan for the

Attainment and Maintenance of

Ambient Air Quality Standards). Those

portions of the South Central Coast Air

Basin Control Strategy identified by

Table 17-1 "Location of Plan Elements

Which Meet Clean Air Act

Requirements-Santa Barbara County,"

together with the rules identified below

comprise the submitted nonattainment

area plan. The remaining portions are

for informational purposes only.

(A) Santa Barbara County APCD

Rules 320, 321, 323, 327, 329 to 332, 201.C

and 205.C. (except subparagraph 5.b.8.). * * * * *

(103) * * •

(iii) Santa Barbara County APCD.

(A) Rule 325.

(105) Schedule to study Nontraditional

Total Suspended Particulate Sources

and commitment to implement control

measures necessary to provide for

attainment, submitted on November 18,

1981 by the Governor's designee. * * * * *

2. Section 52.222, paragraph (b), is

amended by adding subparagraph (6), as

follows:

§ 52.222 Extensions. * *t * * *

(b) ***

(6) South Central Coast Air Basin.

(i) Santa Barbara County

nonattainment areas for TSP, 0 and

CO.

3. Section 52.223, paragraph (b), is

amended by adding subparagraph 16), as

follows:

§ 52.223 Approval status. * * * * *

(6) South Central Coast Air Basin.

(i) Santa Barbara County

nonattainment area for 0., CO and TSP.

4. Section 52.232, paragraph (a), is

amended by adding subparagraph [9), as

follows:

§ 52.232 Part D conditional approval&

(a) * * *

(9) The Santa Barbara County

nonattainment areas.

(i) For O3, TSP, and CO by (90 days

from the date of publication of this

notice).

(A) The new source review (NSR)

rules must be revised to meet the

requirements in EPA's amended

regulations for NSR under section 173 of

the Clean Air Act (45 FR 31307, May 13,

1980 and 45 FR 52676, August 7, 1980)

and submitted as an SIP revision.

(ii) For O by (90 days from the date of

publication of this notice), a revised

cutback asphalt paving materials rule

which does not allow for indefinite

compliance date extensions and

submitted as an SIP revision. * * * * *

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