### 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 5and 15, 1980, the Environmental Protection Agency (EPA) published notices ofproposed 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 ofthe Clean Air Act, "Plan Requirements for Nonattainment Areas." DATE: This action is effective May 7, 1982. ADDRESS: A copy ofthe 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 ofproposed 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 ofthe 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 ofthe NAP. Today's notice addresses all ofthese counties, except Kern and Fresno which are addressed in separate Federal Register notices (see 46 FR 42450 forfinal action

on Kern County].

Supplemental Revisions

After EPA's review, which appears in the September 5, 1980notice, the State submitted several revisions to the NAP

as discussed below. California EnvironmentalQuality Act (CEQA)

On October 20, the State submitted the following portions ofCEQA:

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 ofCEQA satisfy the requirements of section 172(b)(11)(A) ofthe Clean Air Act. Therefore, EPA is deleting the proposed minor deficiency concerning the submittal ofCEQA in today's notice.

Volatile OrganicCompoundRules

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 ofOrganic Liquids,"

submitted on March 30,1981. Rule 412.2, "Transfer ofGasoline 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 onOctober 10, 1980. Merced County:

Rule409.4, "Surface Coating of

Manufactured Metal Parts andProducts," 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 onJuly 14, 1981. Rule 409.6,"Can and Coil Coating

Operations," submitted on July 14, 1981. Stanislaus County:

Rule 409.3, "Organic SolventDegreasing

Operations," submitted onJune 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 onMay 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 andProducts," submitted on October 10, 1980. Rule 412, "Gasoline Transfer into

Stationary Storage Containers," submitted on December 15, 1980.
All ofthese rules, except as discussed below contain very minorchanges 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 lessthan 6300 gallons per day rather thangreater than 6300 gallons per day. This amendment satisfies one ofthe 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 ofproduct per day and those thathandle materials with a Reid Vapor Pressure ofless than 0.5 psi. The elimination ofthese exemptions satisfies another of the conditions ofapproval specifiedin 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 ofapproval.

Rule 409.3, "Organic Solvent Degreasing Operations," for the Stanislaus County, has been amended by changing the title ofthe Rule. This amendment satisfies one ofthe conditions ofapproval specified in the September 5, 1980notice.

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

553(b](B), Administrative Procedure Act).

New SourceReview (NSR)Rules

On July 25, 1980 the State submitted revisions to the Stanislaus County NSR Rule 209.1, "Standards forAuthority 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, thisnotice reflects
comments received regarding the LAER exemptions. Thus, EPA feels that the public has been provided adequate opportunity to comment on the approvability ofthe LAER exemptions and that further notice and comment are unnecessary. Therefore, EPAis 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 CountyPlanning Department, the San Joaquin Board ofSupervisors 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, EPALibrary 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 ofproposed rulemaking.

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 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 maybe taken on a portion ofa NAP for a specific pollutant orrule. Therefore, a portion ofa NAP may be adequate for

one pollutant but inadequate for others. Further, a rulemay be adequate under section 110, butinadequate under section 172 or173 ofthe Act. Itis EPA's policy to take final action on allportions ofa NAP for each pollutant.

Therefore, a finalrulemaking notice contains a series ofactions for each pollutant and for each portion ofthe NAPrather than a single pction. One of thefollowing three actions maybe taken foreach portion ofa NAP:

1.Disapproval where deficiencies are of suchmagnitude as to significantly interfere with the basic objective ofthe NAP; or

2.Approval where theportion 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 majorand 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 bycertain dates.

Forfurther 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, andpublic comments received by EPA. ApprovedPortionsoftheNAP

EPA is taking final action under section 110 ofthe CleanAir Act to approve the following rules since they provide emission limitsnecessary to insure attainment ofthe NAAQS: Kings County rules410.1 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, and411; and Tulare County rules 410.1, 410.3, 410.4, 410.5, 412, and 413&



### EPA also is taking action under section 172 ofthe Actto approve the following rules, since they fully satisfy therequirement forRACT: 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, and412;Merced County rules409.4, 410, and 411; San 

### Joaquin County rules 409.3,-409.4, 410, 411.1, 413, 413.2, and 413.3; Stanislaus County rules409.3, 409.4, 409.5 and 411; and Tulare Countyrules 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 ofthe 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 ApprovedPortionsofthe 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 ofthe NAP.

To satisfythe conditions of approval, the State must submit the following material by the indicated dates:

1.By September 7, 1982, the NSR rules forthe six counties mustbe revised to meetthe requirements in EPA's amended regulations for NSR under section 173 ofthe Clean Air Act (May 13, 1980, 45 FR 31307 and August 7, 1980, 45 FR 52676) as a SIPrevision.

2. By Septem'ber 7, 1982, the State must provide either (1) an adequate demonstration that the following regulations represent RACT, (2) amend theregulations 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 ofthe reductions which would be achieved through the implepientation ofthe CTG recommendations.
MaderaCounty APCD:Rule 411, "Storage of Petroleum Distillates andLight Crude Oil" MercedCounty APCD: Rule 409.3, "Organic Solvent Degreasing Operations" StanislausCountyAPCD: Rule 410, "Storage

ofPetroleum Products" TulareCountyAPCD:Rule 410.3, "Organic

Solvent Degreasing Operations"
3. By September 7, 1982, implementation commitments and schedules forthe adopted transportation control measures in the San Joaquin County NAP. 

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

FinalOverall Action on theNAPforthe Six Counties
Since the San Joaquin Valley Air Basin NAP for ozone, CO, and PMfor 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 ofcertain

sources isno 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 ofthe Clean AirAct, EPAhas a responsibility to take final action as
soon as possible in order to liftthe construction prohibition. Since the State has submitted aconditionally approvable NAP for the counties discussed in this notice, EPA finds that good cause exists for making this action immediately effective.

The new SIPrequirements approved

or conditionally approved by today's notice are an addition to the existing SIP and do not supersede orreplace 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 ofapproval of certain portions ofthe NAP, EPA is taking final action to rescind the following analogous portions of40 CFR Part 52:

Sec. Section 52.233 Review ofnew sources and modifications: Subparagraphs [d)(8), (11), (13), (20), (24) and (26) 

### and (g)(1)(viii). Section 52.245 Control ofoxides ofnitrogen, 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 ofevaporative losses from the filling ofvehicular tanks. Section 52.265 Mass transit andtransit priority planning.
Under Executive Order 12291, EPA
must judge whether a rulemaking action is "major". Further, under the Regulatory Flexibility Act, EPAmust

assess the effect ofthe rulemaking action on "small entities". This regulation is not "major" because it approves state and local actions and imposes no new requirements. Ihereby certify that the action will not have a significant economic impact on a substantial number ofsmall entities. As required by Executive Order 12291, this regulation was submitted to the Office ofManagement and Budget (OMB) for review.

Under the Clean Air Act, any petitions forjudicial review ofthis action must be filed in the United States Court of Appeals for the appropriate circuit by (60days from today). This action may notbe challenged later in proceedings to enforce its requirements.

Incorporation by reference ofthe State Implementation Plan forthe State ofCalifornia was approved by the Director ofthe Federal Register on July 1, 1981.
List of Subjects in40 CFR Part 52

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

Pursuant to Section 605(b) ofthe Regulatory Flexibility Act, Icertify that this action will nothave a significant economic impact on a substantial number ofsmall entities. This action merely approves state actions. This action imposesno new requirements forthe sources in California. (Secs. 110, 129, 171-178, and 301(a), Clean Air Act, as amended (42U.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 ofPart 52 of Chapter I, Title 40 ofthe Code ofFederal 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 (exceptparagraphs (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 (exceptparagraphs (3)(D) and (5)(B)(8)), 210.2, 409.5, and 411.

(vii) San Joaquin County APCD.' (A) New or amended Rules 209.1 (exceptparagraphs (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 SanJoaquin ValleyAirBasin ControlStrategy(Chapter 16 ofthe Comprehensive Revisions to the State of California Implementation Plan forthe Attainment and Maintenance of Ambient Air Quality Standards) submitted on October 11, 1979, by the Governor's designee. Those portions of the SanJoaquinValleyAirBasin ControlStrategyidentified by Tables 16-la, lb and ic (Summary ofPlan Compliance with Clean AirAct 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 ofthe 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 (exceptparagraphs (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 forthe following APCDs submitted on October 10, 1980, by the Governor's designee.

(i) Madera County APCD. (A) New or amended Rule 410.4. I 

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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 CountyAPCD. (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, bythe Governor's designee.

(i) Stanislaus County APCD. (A) New or amended Rule 209.1 (exceptparagraphs (3)(E) and (5)(B(8)).

* * *t * *

(89) Revised regulations for the following APCDs submitted on March 30, 1981, bythe Governor's designee.

(f) Kings County APCD. (A) New or amended Rule 411.

(92) Revised regulations forthe 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 forO and TSP.

(iv) San Joaquin County APCD for TSP.

(v) Stanislaus 'CountyAPCD for CO, Os and TSP.

(vi) Tulare County APCD for Os and TSP.

}* * * * (d)** (4) San Joaquin Valley AirBasin. (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 Countyfor O3 and TSP.

4. Section 52.232 is amended by adding paragraph (a)(10) as follows: §52.232 Part Dconditionalapproval.



## (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 mustbe revised to meet the requirements inEPA'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 SIPrevision.

(ii) For Os. (A) Forthe 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 ofthe reductions which would be achieved through the implementation ofthe CTG recommendations.
MaderaCountyAPCD

Rule 411, "Storage ofPetroleum Distillates

and LightCrude Oil"
MercedCountyAPCD

Rule 409.3, "Organic Solvent Degreasing

Operations"
StanislausCountyAPCD

Rule410, "Storage ofPetroleum Products"
Tulare County APCD Rule410.3, "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 datesfor 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 County

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

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

................ !.. e ............... e ................... e

............... e. Merced County

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

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

................... e

............... e
................... e
............... f. San Joaquin County

............. 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 coatingthinnerand reducer.

* * , * *



## (b) * * * (3) * * 

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(ii)This section is rescinded formetal 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 formetal 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 isrescinded for metal

- parts and products coaters which are subject to and in full compliance with San Joaquin County Rule409.4 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 Rule410.4 submitted

on October 10, 1980.

(vi)This section is rescinded formetal 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 Organicsolventusage.

(a] * * * (1)

... (i) This section isrescinded entirely formetal parts and products coaters which are subject to and in full compliance with Rule 410.4 for the Kings County APCD, Rule 410.4 forthe Madera CountyAPCD, Rule 409.4for the Merced CountyAPCD, 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 Gasolinetransfer vaporcontrol.

(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 Controlof evaporative losses from the fIllingof vehicular tanks.



## (b) * * * (2)Inthe following portions ofthe San Joaquin Valley Intrastate Region, this section is rescinded.

(i) Kings CountyAPCD.

§§ 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 ofFinal Determination.

SUMMARY: The State ofFlorida has applied forInterim Authorization Phase I.EPA has reviewed Florida's application forPhase I and has determined that Florida's hazardous waste program is substantially equivalent to the Federal program covered by Phase I.The State ofFlorida is, hereby,granted Interim Authorization for Phase Ito operate the State's hazardous waste program, in lieu ofthe 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 oftheResource Conservation and Recovery Act of1976,

as amended (RCRA), to protect human 

### health and the environment from the improper management ofhazardous waste. The RCRA Actincludes provisions whereby a State agency may be authorized by EPA to administer the hazardous waste program inthat State in lieu ofa Federally administered program. For a State program to receive final authorization, its hazardous waste program mustbe fully equivalent to and consistent with the Federal program under RCRA. In orderto expedite the authorization ofState programs, RCRA allows EPA to grant a State agency Interim Authorization ifits program is substantially equivalent to theFederal 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 programwill be implemented intwo phases corresponding to the two stages in which theunderlying Federal program willtake effect.

PhaseIregulations were published on May 19, 1980, and became effective on November 19, 1980. The Phase I regulations include the identification and listing ofhazardous wastes, standards forgenerators and transporters ofhazardous wastes, standards forowners and operators of treatment, storage and disposal facilities, andrequirements for State Programs.

A full description ofthe requirements and procedures forState Interim Authorization is included in 40 CFRPart 123 Subpart F (46FR 8298].
Draft Application

The State ofFlorida submitted its draft application for Phase IInterim Authorization on November4,1981. After detailedreview, EPA identified several areas ofmajor concern and transmitted comments tothe State for its consideration. After reviewing these comments, StateOfficials determined that the issues raised byEPA could be resolved without changes in State regulations and legislative authority. Florida subsequently made revisions to the Program Description,Memorandum ofAgreement and Attorney General's Statement to answer those questions or issues that hadbeen raised during the review ofthe draft application.
Final Application

OnJanuary 15, 1982, Florida submitted to EPA a Final Application for Interim Authorization, Phase IunderRCRA. An EPA review team consisting ofboth Headquarters and Regional Office 19698

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