Federal Register / Vol. 47, No. 89 / Friday, May 7, 1982 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A-9-FRL 2048-61

Approval and Promulgation of

Implementation Plans; San Joaquln

Valley Air Basin, California,

Nonattainment Area Plan

AGENCY: Environmental Protection

Agency.

ACTION: Final Rulemaking.

SUMMARY: On September 5 and 15, 1980,

the Environmental Protection Agency

(EPA) published notices of proposed

rulemaking concerning the San Joaquin

Valley Air Basin nonattainment area

plan (NAP) for carbon monoxide (CO),

ozone and particulate matter (PM).

Today's notice takes final action to

conditionally approve the NAP for six

counties in the San Joaquin Valley Air

Basin with respect to Part D of the Clean

Air Act, "Plan Requirements for

Nonattainment Areas."

DATE: This action is effective May 7,

1982.

ADDRESS: A copy of the NAP is located

at: The Office of the Federal Register,

1100 "L" Street, NW., Room 8401,

Washington, D.C. 20408.

FOR FURTHER INFORMATION CONTACT:

David Howecamp, Acting Director, Air

and Hazardous Materials Division,

Environmental Protection Agency,

Region IX, 215 Fremont Street, San

Francisco, CA 94105, Attn: Douglas

Grano (415) 974-8222.

SUPPLEMENTARY INFORMATION:

Background

On October 11, 1979, the California

Air Resources Board (ARB) submitted

revisions to the California State

Implementation Plan (SIP) consisting of

a control strategy and regulations for the

San Joaquin Valley Air Basin. These

revisions, which comprise the San

Joaquin Valley Air Basin NAP, are

intended to provide for attainment of the

ozone, CO, particulate matter (PM), and

sulfur dioxide (SO2), national ambient

air quality standards (NAAQS) in the

San Joaquin Valley Air Basin.

On September 5 and 15, 1980 (45 FR

58897 and 60931), EPA published notices

of proposed rulemaking for the NAP,

which covers the Fresno, Kern, Kings,

Madera, Merced, San Joaquin,

Stanislaus, and Tulare County

nonattainment areas. Those notices

should be used as references in

reviewing today's notice. The two

notices provide a description of the

NAP, summarize the applicable Clean

Air Act requirements into 14 criteria,

compare the NAP to those criteria, and

proposed to approve and conditionally

approve portions of the NAP. Today's

notice addresses all of these counties,

except Kern and Fresno which are

addressed in separate Federal Register

notices (see 46 FR 42450 for final action

on Kern County].

Supplemental Revisions

After EPA's review, which appears in

the September 5, 1980 notice, the State

submitted several revisions to the NAP

as discussed below.

California Environmental Quality Act

(CEQA)

On October 20, the State submitted

the following portions of CEQA:

Sections 21000; 21001; 21002; 21002.1,

21061; 21063; 21065; 21080.1; 21080.4(a);

21080.5(a), (b), (c) and (d); 21081; 21082;

21100; 21104; 21151; 21153; and 21160.

As discussed in the January 21, 1981

final rulemaking notice (46 FR 5967),

EPA has determined that these portions

of CEQA satisfy the requirements of

section 172(b)(11)(A) of the Clean Air

Act. Therefore, EPA is deleting the

proposed minor deficiency concerning

the submittal of CEQA in today's notice.

Volatile Organic Compound Rules

The following rules were submitted by

the State on the dates indicated:

Kings County:

Rule 414, "Wastewater Separators,"

submitted on May 13, 1980.

Rule 410.4, "Surface Coating of

Manufactured Metal Parts and Products,"

submitted on October 10, 1980.

Rule 411, "Storage of Organic Liquids,"

submitted on March 30, 1981.

Rule 412.2, "Transfer of Gasoline into

Vehicle Fuel Tanks, Phase II," submitted

on October 23, 1981.

Madera County:

Rule 410.4, "Surface Coating of

Manufactured Metal Parts and Products,"

submitted on October 10, 1980.

Merced County:

Rule 409.4, "Surface Coating of

Manufactured Metal Parts and Products,"

submitted on October 10, 1980.

San Joaquin County:

Rule 409.4, "Surface Coating of

Manufactured Metal Parts and Products,"

submitted on October 10, 1980.

Rule 409.5, "Cutback Asphalt Paving

Materials," submitted on July 14, 1981.

Rule 409.6, "Can and Coil Coating

Operations," submitted on July 14, 1981.

Stanislaus County:

Rule 409.3, "Organic Solvent Degreasing

Operations," submitted on June 22, 1981.

Rule 409.4, "Surface Coating of

Manufactured Metal Parts and Products."

submitted on October 10, 1980.

Rule 409.5, "Cutback Asphalt Paving

Materials," submitted on May 28, 1981.

Rule 409.6, "Can and Coil Coating

Operations," submitted on July 14, 1981.

Tulare County:

Rule 410.4, "Surface Coating of

Manufactured Metal Parts and Products,"

submitted on October 10, 1980.

Rule 412, "Gasoline Transfer into

Stationary Storage Containers,"

submitted on December 15, 1980.

All of these rules, except as discussed

below contain very minor changes

which either add clarity to the rule or

correct typographical errors.

Kings County Rule 411, "Storage of

Organic Liquids," has been amended by

changing the exemption for tanks storing

crude oil prior to lease custody transfer

to tanks with throughputs less than 6300

gallons per day rather than greater than

6300 gallons per day. This amendment

satisfies one of the conditions of

approval specified in the September 5,

1980 notice.

Kings County Rule 414, "Wastewater

Separators," has been amended by

.eliminating the exemptions for

separators which recover less than 200

gallons of product per day and those

that handle materials with a Reid Vapor

Pressure of less than 0.5 psi. The

elimination of these exemptions satisfies

another of the conditions of approval

specified in the September 5, 1980

notice.

San Joaquin County and Stanislaus

County Rules 409.6, "Can and Coil

Coating Operations," are similar and

equivalent to the Model Rule which was

described in the September proposal

and thus satisfy two proposed

conditions of approval.

Rule 409.3, "Organic Solvent

Degreasing Operations," for the

Stanislaus County, has been amended

by changing the title of the Rule. This

amendment satisfies one of the

conditions of approval specified in the

September 5, 1980 notice.

Rule 409.5, "Cutback Asphalt Paving

Materials," for San Joaquin and

Stanislaus Counties requires that

emulsified asphalts contain no more

than 3% solvent. The compliance.date

for this limit has been revised from

January 1, 1985 to January 1, 1982. This

revision satisfies the deficiency noted in

the September 5, 1980 notice.

Since there were only very minor

revisions to these rules or conditions of

approval were satisfied by the revisions,

EPA finds that for good cause additional

notice and comment on these rules are

unnecessary (see U.S.C. Section

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553(b](B), Administrative Procedure

Act).

New Source Review (NSR) Rules

On July 25, 1980 the State submitted

revisions to the Stanislaus County NSR

Rule 209.1, "Standards for Authority to

Construct." Paragraphs 209.1(3)(F)(8)

and 209.1(3)(F)(9) have been added to

the "Applicability and Exemptions"

portions of the Rule and a portion of

209.1(3)(F)(5) has been amended to

reflect this change.

The revisions to Rule 209.1 have been

reviewed with respect to Section 173 of

the Clean Air Act. These revisions

provide additional exemptions from

Lowest Achievable Emission Rate

(LAER) which are not authorized by

Section 173. EPA has determined that

these exemptions constitute a minor

deficiency.

EPA's September 5 notice addressed

exemptions from LAER that are similar

to the supplemental revisions noted

here. In addition, this notice reflects

comments received regarding the LAER

exemptions. Thus, EPA feels that the

public has been provided adequate

opportunity to comment on the

approvability of the LAER exemptions

and that further notice and comment are

unnecessary. Therefore, EPA is taking

final action on the rules noted above in

today's notice.

Public Comments

During the public comment period,

EPA received comments from the ARB,

the local air pollution control districts

(APCDs), the Stanislaus Area

Association of Governments, the San

Joaquin County Planning Department,

the San Joaquin Board of Supervisors

and the Pacific Gas and EleCtric

Company. Comments received are

specifically identified and responded to

in EPA's Public Comment Technical

Support Document (contained in

Document File NAP-CA-04 at the ARB,

EPA Library in Washington, D.C. and

the Region IX Office).

EPA Actions

Introduction

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 a NAP for a

specific pollutant or rule. Therefore, a

portion of a 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. It is EPA's

policy to take final action on all portions

of a NAP for each pollutant.

Therefore, a final rulemaking notice

contains a series of actions for each

pollutant and for each portion of the

NAP rather than a single pction. One of

the following three actions may be taken

for each portion of a NAP:

1. Disapproval where deficiencies are

of such magnitude as to significantly

interfere with the basic objective of the

NAP; 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 described below

are based on the proposed rulemaking

notice, supplemental revisions

submitted by the State, and public

comments received by EPA.

Approved Portions of the NAP

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: Kings

County rules 410.1 to 410.5, 411, 412.1,

412.2, 413, 413.3, 414, 414.1 and 414.2;

Madera County rules 410.1, 410.3, 410.4,

410.5, 411, and 412; Merced County rules

409.1, 409.3, 409.4, 409.5, 410 and 411; San

Joaquin County rules 409.1, 409.3, 409.4,

409.5, 410, 411.1, 413, 413.1, 413.2, and

413.3; Stanislaus County rules 409.1,

409.3, 409.4, 409.5, 409.6, and 411; and

Tulare County rules 410.1, 410.3, 410.4,

410.5, 412, and 413&

EPA also is taking action under

section 172 of the Act to approve the

following rules, since they fully satisfy the requirement for RACT: Kings County

rules 410.3, 410.4, 410.5, 411, 412.1, 413,

413.3, 414 and 414.2; Madera County'

rules 410.3, 410.4, and 412; Merced

County rules 409.4, 410, and 411; San

Joaquin County rules 409.3,-409.4, 410,

411.1, 413, 413.2, and 413.3; Stanislaus

County rules 409.3, 409.4, 409.5 and 411;

and Tulare County rules 410.4, 410.5, 412,

and 413.

As proposed in the September 1980

notices, EPA is taking final action under

section 172 to approve the following

portions of the NAP for the six counties

discussed in today's notice for ozone

and/or CO: emission inventory,

modeling, emission reduction estimates,

attainment provision, reasonable further

progress, emissions growth, annual

reporting, resources, public and

government involvement, and public

hearing.

Conditionally Approved Portions of the

NAP

As discussed in the September 1980

notices the Public Comment Technical

Support Document and in the

SUPPLEMENTAL REVISIONS section of

this notice, for following portions of the

NAP for the six counties contain minor

deficiencies with respect to Section 172:

legally adopted measures, permit

program, and (in San Joaquin County

only) extension requirements. Since the

State and the APCD's have assured EPA

that they will submit the material to

correct the minor deficiencies, EPA

takes final action to conditionally

approve these portions of the NAP.

To satisfy the conditions of approval,

the State must submit the following

material by the indicated dates:

1. By September 7, 1982, the NSR rules

for the six counties must be revised to

meet the requirements in EPA's

amended regulations for NSR under

section 173 of the Clean Air Act (May

13, 1980, 45 FR 31307 and August 7, 1980,

45 FR 52676) as a SIP revision.

2. By Septem'ber 7, 1982, the State

must provide either (1) an adequate

demonstration that the following

regulations represent RACT, (2) amend

the regulations so that they are

consistent with the CTG, or (3)

demonstrate that the regulations will

result in VOC emission reductions

which are within five percent of the

reductions which would be achieved

through the implepientation of the CTG

recommendations.

Madera County APCD: Rule 411, "Storage of

Petroleum Distillates and Light Crude Oil"

Merced County APCD: Rule 409.3, "Organic

Solvent Degreasing Operations"

Stanislaus County APCD: Rule 410, "Storage

of Petroleum Products"

Tulare County APCD: Rule 410.3, "Organic

Solvent Degreasing Operations"

3. By September 7, 1982,

implementation commitments and

schedules for the adopted transportation

control measures in the San Joaquin

County NAP.

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Final Overall Action on the NAP for the

Six Counties

Since the San Joaquin Valley Air

Basin NAP for ozone, CO, and PM for

Kings, Madera, Merced, San Joaquin,

Stanislaus, and Tulare counties contain

only minor deficiencies and since the

State has provided assurances to correct

these deficiencies, EPA is taking final

action to conditionally appro ,e the NAP

overall for these counties with respect to

Part D. As a result, the current

prohibition on construction of certain

sources is no longer in effect in these

counties.

Regulatory Process

In those areas for which the State of

California has submitted approvable or

conditionally approvable NAPs in

accordance with the requirements of

Part D of the Clean Air Act, EPA has a

responsibility to take final action as

soon as possible in order to lift the

construction prohibition. Since the State

has submitted a conditionally

approvable NAP for the counties

discussed in this notice, EPA finds that

good cause exists for making this action

immediately effective.

The new 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

requiremehts. For further information,

see EPA's General Preamble.

As a result of approval of certain

portions of the NAP, EPA is taking final

action to rescind the following

analogous portions of 40 CFR Part 52:

Sec.

Section 52.233 Review of new sources and

modifications: Subparagraphs [d)(8), (11),

(13), (20), (24) and (26) and (g)(1)(viii).

Section 52.245 Control of oxides of nitrogen,

hydrocarbon, and carbon monoxide

emissions from in-use vehicles.

Section 52.253 Metal surface coating thinner

and reducer.

Section 52.254 Organic solvent usage.

Section 52.255 Gasoline transfer vapor

control.

Section 52.256 Control of evaporative losses

from the filling of vehicular tanks.

Section 52.265 Mass transit and transit

priority planning.

Under Executive Order 12291, EPA

must judge whether a rulemaking action

is "major". Further, under the

Regulatory Flexibility Act, EPA must

assess the effect of the rulemaking

action on "small entities". This

regulation is not "major" because it

approves state and local actions and

imposes no new requirements. I hereby

certify that the action will not have a

significant economic impact on a

substantial number of small entities. As

required by Executive Order 12291, this

regulation was submitted to the Office

of Management and Budget (OMB) for

review.

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

(60 days from today). This action may

not be challenged later in proceedings to

enforce its requirements.

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.

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.

(Secs. 110, 129, 171-178, and 301(a), 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, Title

40 of the Code of Federal Regulations is

amended as follows:

Subpart F-California

1. In § 52.220(c) subparagraphs

(50)(vi), (51)(viii)-(x), (52)(iv)-(ix), {71){i}-{iv}, {83){ii), (84){i]-{vi}, (85)(i),

(88)(i). (89){i), (92)(i), (93)(i), {102){i)-{ii)

and (103)(i) are added as follows:

§ 52.220 Identification of plan.

(c)* * *

(50) * * *

(vi) Merced County APCD.

(A) New or amended Rule 409.1.

(51) * * *

(viii) San Joaquin County APCD.

(A) New or amended Rule 409.1.

(ix) Stanislaus County APCD.

(A) New or amended Rule 409.1.

(x) Tulare County APCD.

(A) New or amended Rules 410.1 and

413.

(52) * * *

(iv) Kings County APCD.

(A) New or amended Rules 210.1

(except paragraphs (3)(D) and (5)(B)(8)),

210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413,

414.1, and 414.2.

(v) Madera County APCD.

(A) New or amended Rules 210.2,

410.1, 410.3, 410.5, 411, and 412.

(vi) Merced County APCD.

(A) New or amended Rules 210.1

(except paragraphs (3)(D) and (5)(B)(8)),

210.2, 409.5, and 411.

(vii) San Joaquin County APCD.'

(A) New or amended Rules 209.1

(except paragraphs (B)(3) and (D)(2)(b)),

209.2, 409.3, 410, 411.1, 413, 413.1, 413.2,

and 413.3.

(viii) Stanislaus County APCD.

(A) New or amended Rules 209.2 and

411.

(ix) Tulare County APCD.

(A) New or amended Rules 210.1

(except paragraphs (C)(4) and (e)(2)(H)),

210.2 and 410.5.

(71) The San Joaquin Valley Air Basin

Control Strategy (Chapter 16 of the

Comprehensive Revisions to the State of

California Implementation Plan for the

Attainment and Maintenance of

Ambient Air Quality Standards)

submitted on October 11, 1979, by the

Governor's designee. Those portions of

the San Joaquin Valley Air Basin

Control Strategy identified by Tables

16-la, lb and ic (Summary of Plan

Compliance with Clean Air Act

Requirements] except which pertain to

Fresno County and the six

transportation control measures for'

Stanislaus County, comprise the

submitted plan. The remaining portions

are for informational purposes only. The

following rules were also submitted on

October 11, 1979 as part of the

enforceable plan:

(i) Kings County APCD.

(A) New or amended Rules 411 and

413.3.

(ii) Madera County APCD.

(A) New or amended Rule 210.1

(except paragraphs (3)(D) and (5)(B)(8)).

(iii) Merced County APCD.

(A) New or amended Rules 409.3 and

410.

(iv) Tulare County APCD.

(A) New or amended Rule 410.3.,

*83 * * **

(83)**

(ii) Kings County APCD.

(A) New or amended Rule 414.

(84) Revised regulations for the

following APCDs submitted on October

10, 1980, by the Governor's designee.

(i) Madera County APCD.

(A) New or amended Rule 410.4.

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(ii) Merced County APCD.

(A) New or amended Rule 409.4.

(iii) Kings County APCD.

(A] New or amended Rule 410.4.

(iv) San Joaquin County APCD.

(A) New or amended Rule 409.4.

(v) Stanislaus County APCD.

(A) New or amended Rule 409.4.

(vi) Tulare County APCD.

(A) New or amended Rule 410.4.

(85) Revised regulations for the

following APCDs submitted on

December 15, 1980, by the Governor's

designee.

(i) Tulare County APCD.

(A) New or amended Rule 412.

(88) Revised regulations for the

following APCDs submitted on July 25,

1980, by the Governor's designee.

(i) Stanislaus County APCD.

(A) New or amended Rule 209.1

(except paragraphs (3)(E) and (5)(B(8)). * * *t * *

(89) Revised regulations for the

following APCDs submitted on March

30, 1981, by the Governor's designee.

(f) Kings County APCD.

(A) New or amended Rule 411.

(92) Revised regulations for the

following APCDs submitted on May 28,

1981, by the Governor's designee.

(i) Stanislaus County APCD.

(A) New or amended Rule 409.5.

(93) Revised regulations for the

following APCDs submitted on June 22,

1981, by the Governor's designee.

(i) Stanislaus County APCD.

(A) New or amended Rule 409.3. * * * * *

(102) Revised rules for the following

APCDs submitted on July 14, 1981 by the

Governor's designee.

(i) San Joaquin County.

(A) New rules 409.5 and 409.6.

(ii) Stanislaus County.

(A) New rule 409.6.

(103) Revised rules for the following

APCDs, submitted on October 23, 1981

by the Governor's designee.

(i) Kings County.

(A) Amended rule 412.2.

2. Section 52.222 is amended by

adding paragraphs (b)(5) and (d)(4)(i) as

follows:

§ 52.222 Extensions. * * * * *

(b) * * *

(5) San Joaquin Valley Air Basin.

(i) Kings County APCD for Os and

TSP.

(ii) Madera County APCD for Os and

TSP.

(iii) Merced County APCD for O and

TSP.

(iv) San Joaquin County APCD for

TSP.

(v) Stanislaus 'County APCD for CO,

Os and TSP.

(vi) Tulare County APCD for Os and

TSP.

}* * * *

(d)**

(4) San Joaquin Valley Air Basin.

(i) San Joaquin County for CO and O.

3. Section 52.223 is amended by

adding paragraphs (b(5)(ii)-(vii) as

follows:

§ 52.223 Approval status.

(b) * * *

(5) * * *

(ii) Kings County for O and TSP.

(iii) Madera County for O and TSP.

(iv) Merced County for O and TSP.

(v) San Joaquin County for CO, O and

TSP.

(vi) Stanislaus County for CO, 03 and

TSP.

(vii) Tulare County for O3 and TSP.

4. Section 52.232 is amended by

adding paragraph (a)(10) as follows:

§ 52.232 Part D conditional approval.

(a) * * *

(10) Kings, Madera, Merced, San

Joaquin, Stanislaus and Tulare County

APCDs.

(i) For 03 and PM [and CO in San

Joaquin and Stanislaus Counties]

(A) By September 7, 1982 the NSR

rules must be revised to meet the

requirements in EPA's amended

regulations for NSR under section 173 of

the Clean Air Act (May 13, 1980, 45 FR

31307 and August 7, 1980, 45 FR 52676)

as an SIP revision.

(ii) For Os.

(A) For the APCDs indicated below,

by September 7, 1982, the State must

either (1) Provide an adequate

demonstration that the following

regulations represent RACT, (2) Amend

the regulations so that they are

consistent with the CTG, or (3)

Demonstrate that the regulations will

result in VOC emission reductions

which-are within five percent of the

reductions which would be achieved

through the implementation of the CTG

recommendations.

Madera County APCD

Rule 411, "Storage of Petroleum Distillates

and Light Crude Oil"

Merced County APCD

Rule 409.3, "Organic Solvent Degreasing

Operations"

Stanislaus County APCD

Rule 410, "Storage of Petroleum Products"

Tulare County APCD

Rule 410.3, "Organic Solvent Degreasing

Operations"

(iii) For CO and O for San Joaquin County.

(A) By September 7, 1982, implementation

commitments and schedules for the adopted

transportation control measures.

§ 52.233 [Amended]

5. In § 52.233, paragraphs (d) (8), (11),

(13), (20), (24), and (26), and paragraph

(g)(1)(viii) are removed and reserved.

6. In § 52.238, the entry for "Kern

County nonattainment areas" is

removed and the entry for San Joaquin

Valley Intrastate is revised to include

the Kern County area, and reads as

follows:

§.52.238 Attainment dates for national

standards.

Pollutants

Air quality control region and TSP SO. NO, CO 0. nonattainment area TSP__O,_NO______,

Primary Secondary Primary Secondary

San Joaquin Valley Intrastate:

a. Fresno County ...................... July 1975.... July 1975..... . e ................... ............... May 31, 1977... May 31,

1977.

b. Kern Co unty .......................... h ................... c ................... h ............... h. ............ d ............... c. Kings County ........................ h ................... h ................... e ............... e ................... e ...............

d. Madera Co unty ..................... h ................... h ................ !.. e ............... e ................... e ............... e. Merced County ..................... h ................... h ................... ............... e e ................... e ...............

f. San Joaquin Co unty ............. h ................... h ................... ............... e e ................... e ...............

g. Stanislaus County ................ h ................... h ................... e ............... ................... e e ...............

h. Tulare County ....................... h ................... h ................... ............... e e ................... e ...............

7. Section 52.253 is amended by

adding paragraphs (b)(3) (ii) through (vi)

to read as follows:

h ..................... h.

May 31, 1977... h.

May 31, 1977.... h.

May 31. 1977.. h.

I ....................... I.

h ...................... h.

May 31. 1977.... h.

§ 52.253 Metal surface coating thinner and

reducer.

* * , * *

(b) * * * (3) * *

19697

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Federal Register / Vol. 47, No. 89 / Friday, May 7, 1982 / Rules and Regulations

(ii) This section is rescinded for metal

parts and products coaters which are

subject to and in full compliance with

Madera County APCD's Rule 410.4

submitted on October 10, 1980.

(iii) This section is rescinded for metal

parts and products coaters which are

subject to and in full compliance with

Merced County Rule 409.4 submitted on

October 10, 1980

(iv) This section is rescinded for metal -

parts and products coaters which are

subject to and in full compliance with

San Joaquin County Rule 409.4

submitted on October 10, 1980.

(v) This section is rescinded for metal

parts and products coaters which are

subject to and in full compliance with

Stanislaus County Rule 410.4 submitted

on October 10, 1980.

(vi) This section is rescinded for metal

parts and products coaters which are

subject to and in full compliance with

Tulare County Rule 410.4 submitted on

October 10, 1980.

(vii) This section is rescinded for

metal parts and products coaters which

are subject to and in full compliance

with Kings County Rule 410.4 submitted

on October 10, 1980.

8. Section 52.254 is amended by

adding paragraph (a)(1)(i) to read as

follows:

§ 52.254 Organic solvent usage.

(a] * * * (1) ...

(i) This section is rescinded entirely

for metal parts and products coaters

which are subject to and in full

compliance with Rule 410.4 for the Kings

County APCD, Rule 410.4 for the Madera

County APCD, Rule 409.4 for the Merced

County APCD, Rule 409.4 for the San

Joaquin County APCD, Rule 409.4 for the

Stanislaus County APCD, and Rule 410.4

for the Tulare County APCD. * * * * a

9. Section 52.255 is amended by

reserving paragraphs (b)(1) (iii), (v),

(viii), and (ix), and by adding

paragraphs (b)(3) (iii) through (viii) to

read as follows:

§ 52.255 Gasoline transfer vapor control.

(b) * * *

(1) * **

(iii) [Reserved]

(v) [Reserved]

(viii) [Reserved]

(ix) [Reserved]

(3) a * a

(iii) Merced County APCD.

(iv) San Joaquin bounty APCD.

(v) Stanislaus County APCD.

(vi) Tulare County APCD.

(vii) Madera County APCD.

(viii) Kings County APCD.

10. Section 52.256 is amended by

adding paragraph (b)(2) to read as

follows:

§ 52.256 Control of evaporative losses

from the fIlling of vehicular tanks.

(b) * * *

(2) In the following portions of the San

Joaquin Valley Intrastate Region, this

section is rescinded.

(i) Kings County APCD.

§§ 52.245 and 52.265 [Removed and

reserved]

11. Sections 52.245 and 52.265 are

removed and reserved.

[FR Doc. 82-12380 Filed 5-6-82; 8:45 am]

BILLING CODE 6560-50-M

40 CFR Part 123

[W-4-FRL 2120-6]

Hazardous Waste Management

Programs; Florida: Authorization for

Inerim Authorization Phase I

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Final Determination.

SUMMARY: The State of Florida has

applied for Interim Authorization Phase

I. EPA has reviewed Florida's

application for Phase I and has

determined that Florida's hazardous

waste program is substantially

equivalent to the Federal program

covered by Phase I. The State of Florida

is, hereby, granted Interim Authorization

for Phase I to operate the State's

hazardous waste program, in lieu of the

Federal program.

EFFECTIVE DATE: Interim Authorization

Phase I for Florida shall become

effective on May 19, 1982.

FOR FURTHER INFORMATION CONTACT:

James H. Scarbrough, Chief, Residuals

Management Branch, Environmental

Protection Agency, 345 Courtland Street,

N.E., Atlanta, Georgfa 30365, Telephone

(404) 881-3016.

SUPPLEMENTARY INFORMATION: In the

May 19, 1980, Federal Register (45 FR

33063) the Environmental Protection

Agency (EPA) promulgated regulations,

pursuant to Subtitle C of the Resource

Conservation and Recovery Act of 1976,

as amended (RCRA), to protect human

health and the environment from the

improper management of hazardous

waste. The RCRA Act includes

provisions whereby a State agency may

be authorized by EPA to administer the

hazardous waste program in that State

in lieu of a Federally administered

program. For a State program to receive

final authorization, its hazardous waste

program must be fully equivalent to and

consistent with the Federal program

under RCRA. In order to expedite the

authorization of State programs, RCRA

allows EPA to grant a State agency

Interim Authorization if its program is

substantially equivalent to the Federal

program. During Interim Authorization,

a State can make whatever legislative or

regulatory changes that may be needed

for the State's hazardous waste program

to become fully equivalent to the

Federal program. The Interim

Authorization program will be

implemented in two phases

corresponding to the two stages in

which the underlying Federal program

will take effect.

Phase I regulations were published on

May 19, 1980, and became effective on

November 19, 1980. The Phase I

regulations include the identification

and listing of hazardous wastes,

standards for generators and

transporters of hazardous wastes,

standards for owners and operators of

treatment, storage and disposal

facilities, and requirements for State

Programs.

A full description of the requirements

and procedures for State Interim

Authorization is included in 40 CFR Part

123 Subpart F (46 FR 8298].

Draft Application

The State of Florida submitted its

draft application for Phase I Interim

Authorization on November 4, 1981.

After detailed review, EPA identified

several areas of major concern and

transmitted comments to the State for its

consideration. After reviewing these

comments, State Officials determined

that the issues raised by EPA could be

resolved without changes in State

regulations and legislative authority.

Florida subsequently made revisions to

the Program Description, Memorandum

of Agreement and Attorney General's

Statement to answer those questions or

issues that had been raised during the

review of the draft application.

Final Application

On January 15, 1982, Florida submitted

to EPA a Final Application for Interim

Authorization, Phase I under RCRA. An

EPA review team consisting of both

Headquarters and Regional Office

19698

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