### 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 offinal rulemaking.

SUMMARY: On September 5, 1980, the Environmental Protection Agency (EPA) published a notice ofproposed 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 CoastAir Basin NAP for the Santa Barbara Countynonattainment 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 ofthe 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 forthe South Central Coast Air Basin including control strategies and regulations for O, CO, and TSPfor Santa Barbara County. Additional regulatory revisions were submitted on December 24, 1979 and May 1, 1980, by theARB. These revisions comprise the NAP and are intended to provide for attainment ofthe National Ambient Air Quality Standards (NAAQS) in the Santa Barbara County nonattainment areas.

On September 5, 1980 (45FR 58912), EPA published a notice ofproposed 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 AirAct requirements into 14 criteria, compares portions ofthe NAP to those criteria, and proposes to approve and conditionally approve portions of the NAP. Supplemental Revisions
The September 5, 1980notice proposed to approve Rule 325, "Storage ofPetroleum 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 ofthe rule, and add requirements forinternal floating roofcovers.

The September 5, 1980 notice also proposed to conditionally approve the TSP attainment provisionportion ofthe NAP. On November 18, 1981, the ARB submitted a schedule to study nontraditional TSP sources and a commitment to implement the control

measures which resultfrom the study. This action satisfies the proposed condition ofapproval.

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 EPAhas already provided opportunity to comment on the substance ofthese 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 ofsubstantive comments and the EPA response to each, entitled "EPAPublic Comment Technical Support Document", is available for public inspection as a part ofDocument File NAP-CA-23 at theEPA 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 proposedrulemaking.

While EPA's evaluation of the NAP forozone includes use of"Control Technique Guidelines" ("CTG's") documents as a "presumptive norm," the States may adjust the recommended controls ordevelop 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 ofthe NAP for a specific pollutant or rule.*Therefore, a portion ofthe NAP may be adequate for one pollutant but inadequate for others. Further, a rulemay be adequate under section 110, but inadequate under section 172 or 173 ofthe Act.EPA's policy is to take final action on all portions ofthe NAP for each pollutant. Therefore, this notice contains a series ofactions for each pollutant and for each portion ofthe 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 ofthe NAP under consideration meets all requirements; or

3.Approval with conditions where deficiencies exist, but where the effect ofthe deficiency is notjudged to be major and where the State has agreed to take those steps necessary to correct the deficiency. In this case, itis 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 theNAP for the Santa Barbara County nonattainment

areas for03, CO. and TSP are described below and are based on the proposed rulemaking notice and on public
comments received by EPA. ApprovedPortions oftheNAP forSanta Barbara County

EPA is taking final action under section 110 ofthe Clean Air Act to approve the following rules since they provide emission limits necessary to insure attainment ofthe NAAQS: rules 316, 320, 321, 323, 325, 327, and 329 to 332. EPA is also taking action under section 172 ofthe Actto 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 ofthe NAP are consistent with PartD of the Clean AirAct. 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 ApprovedPortions of

the NAP forSantaBarbara County

As discussed in the September proposal and the Public Comment Technical Support Document the following portions of theNAP contain minor deficiencies which the State and Santa Barbara Countyhave assured EPA that they will correct. EPA therefore takes final action to conditionally approve the following portions ofthe NAP: legally adopted

measures and permit program.

The material required to satisfy the conditions ofapproval is specified below and must be submitted as a SIP revision:

1. By July 6, 1982 the New Source Review rules mustbe revised to meet the requirements in EPA's amended regulations forNSR under section 173 (45FR 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.

FinalOverall Actionon theNAPfor SantaBarbaraCounty

EPA is taking final action under Part D ofthe Clean AirAct 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 ofmajor 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" SIPrequirements until a source

comes into compliance with the new requirements. Forfurther 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 ofa 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 ofManagement 

### and Budget forreview as required by Executive Order 12291.

Under the Clean AirAct, any petitions forjudicial review ofthis action must be filed in the United States Court of Appeals for the appropriate circuit by July6.1982. This action may not be challenged later in proceedings to enforce itsrequirements.
List ofSubjects in 40 CFR Part 52

Air pollutioncontrol, Ozone, Sulfur oxides, Nitrogen dioxide, Lead, Particulate matter, Carbon monoxide, Hydrocarbons.

Pursuant to section 605(b) ofthe Regulatory Flexibility Act, Icertify that this actionwill not have a significant economic impact on a substantial numberof smallentities. This action merely approves state actions. This action imposes no newrequirements for the sources in California.

Incorporation byreference ofthe State ImplementationPlan for theState of Californiawas approved bythe Director of the Federal Register on July 1,1981. (Secs. 110, 129, 171 to 178,and 301(a) ofthe CleanAir Act, as amended (42U.S.C. 7410, 7429, 7501 to 7508, and7601 (a)))

Dated April 22, 1982. Anne M. Gorsuch, 

### Administrator.

PART 52-APPROVALAND PROMULGATION OF IMPLEMENTATION PLANS

Subpart F ofPart 52 ofChapter I of Title40 ofthe Code ofFederal 

### Regulations is amended as follows:
Subpart F-California



### 1. Section52.220, paragraph (c), is amended by adding subparagraphs (74)(ii), (77)(ii), (103)(iii) and (105) as follows: §52.220 Identification ofplan.



### (c) * * * (74) * * * (ii) Santa Barbara County. (A) Rule 316.
(77) * * * 

### (ii)The South CentralCoast 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 ofthe South Central Coast Air Basin Control Strategy identified by Table 17-1 "Location ofPlan 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) SantaBarbara 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 andcommitment to implement control

measures necessary to provide for attainment, submitted onNovember 18, 1981 by the Governor's designee.

* * * * *



### 2. Section52.222, paragraph (b), is amended by adding subparagraph (6), as 

### follows:
§52.222 Extensions.

* *t * * *



### (b) *** 

### (6)South CentralCoast AirBasin. (i)Santa Barbara County nonattainment areas forTSP, 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 AirBasin. (i)Santa Barbara County nonattainment area for 0., COand TSP.

4.Section 52.232, paragraph (a), is amended by adding subparagraph [9), as 

### follows:
§52.232 Part Dconditional approval&



## (a) * ** (9) The Santa Barbara County nonattainment areas.



### (i)ForO3, TSP, and CO by (90days from the date ofpublication ofthis notice).



### (A) The new source review (NSR) rules must be revised tomeet the 

### requirements in EPA's amended regulations forNSR under section 173 of the Clean Air Act 

### (45 FR31307, May 13, 

### 1980 and 45 FR 52676, August 7,1980) and submitted as an SIPrevision.

(ii) For O by (90 days from the date of publication ofthis notice), a revised cutback asphalt paving materials rule which does not allow for indefinite 

### compliance date extensions and submitted as an SIP revision.

* * * * * 

### 19331