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Citation: 43 Fed. Reg. 52237 1978

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-- The search text of this PDF is generated from uncorrected OCR text.tees, such as travel and meeting ex- penses, willbe funded by the separate members' offices using General Expensefunds otherwise available.Major expenses connected with special studiesor activitieswillbefunded through thenormal budgetary procss. Budget requests will be supported by appropriatejustificationmaterial. (ActofCongress approved I Alarch 1917, (33 U.S.C. 701) and Section 2oftheActofCongress approved 28June 1938 as amended (33 U.S.C. 701c-I).)

Dated: November 1, 1978. THoMAs J

. WVOODALL, LTC, CorpsofEngineer,AssistantExecutive Director,EngineerStaff [FRDoc. 7841488F led 11-9-78;8:45 am]



### [6560-01-M]

Title 40-Protection of Environment

CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER C-AIR PROGRAMS
[FRL 1004-8]



### PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

California Plan Revision: South Coast

Air Quality Management District and Los Angeles, Riverside and San Bernardino Air Pollution Control Districts (Southeast Desert Portions) "
AGENCY: Environmental Protection Agency. ACTION: Finalrulemaking.
SUM ARY: The Environmental Protection Agency (EPA) takes final action to approve new source review rules for the south coast portion of, the California State Implementation Plan (SIP) submitted by the Governor's designee. EFFECTIVE DATE. December 11, 1978. FOR FURTHER INFORMATION CONTACT'

Lloyd Kostow, Chief, Air Section, Permits Branch, Enforcement Division (E-4-3), Environmental Protection Agency, Region IX, 215 Fremont Street, San Francisco, Calif. 94105, telephone: 415-556-8005. SUPPLEMENTARY INFORMATION: On April 21, August 2, and November 19, 1976 the State of California submitted tothe Regional Administrator, Region IX, revisi6ns of the Southern 

### RULES AND REGULATIONS

California Air Pollution Control District (previously Los Angeles County APCD, Orange County APCD. Riverside County APCD, and San Bernardino County APCD) regulations. On February 1, 1977 the State split the Southern California Air Pollution Control district into the South Coast Air Quality Management District In thewestern region and three separate APCDs formed out ofthe remaining parts of Los Angeles, Riverside, and San Bernardino counties in the eastern desert areas. These eastern areas
aredesignated astheLosAngeles,Riverside, and San Bernardino County APCDs(SoutheastDesertPortions).

The State of Californiaresubmitted rules for these eastern areas on June 6, 1977, merely to reflect this split. The rules were Identical to the previoussubmittals. South CoastAirQuality Management District and Los Angeles, Riverside, and San Bernardino AirPollutionControlDistricts (Southeast Desert Portions) regulation II, rules 201, 202, 203, 204, 205, 206. 207, 209, 210,211,212, 213,213.1, 213.2.214, 215, 216, 217, and 219 will provide a procedure bywhich persons whowish to construct,modifyor operateany article, machine, equipment, or other contrivance that-may cause the Issuance of air contaminants may be granted a permit to do so. A permit shall not be granted, If it is determined that such construction, modiflcation, or operation would interfere with the attainment or maintenance of a national ambient air quality 

### standard.

The StateofCaliforniahascertified, by letters of August 2. December 22, 

### 1976,andJune 6, 1977, thattheserevisions tothe stateImplementation plan

were adopted after public hearings held on January 9, February 6, and May7,1976inPomona, Calif., October 4 and5, 1976 InFresno, Calif., and October 8, 1976, in Los Angeles, Calif., after notice conforming to 40 CFR Part 51, Requirements for Preparation. Adoption. and Submittal of ImplementationPlanswas given.



### On January 6, 1977 (42 FR 1273), the Environmental Protection Agency published a notice of proposed rulemaking (42 FR 1273) advising the public of receipt ofthe revised Southern California Air Pollution Control District(bothwesternregionand east-

er desert areas) regulation II, rules 

### 201-207, 209-217, and219 andrequested publiccomments within thirty (30) days.Five (5) commentletters werereceived. Comment letterswere received from the following parties: Western Oil & Gas Association. Gulf Oil Co.- U.S., California Council for Environmental and Economic Balance,Union Oil Co. of California, and Southern California GasCo. 52237

Discussiox orMAJonCoirair-rs
The following are the major com- ments made, together with EPA's response:

1. The inclusion of emissions from 

### carriers isImproper foralleged lackof notice, alleged lack of support in the State record and an alleged burden uponinterstate andforeign commerce. The interpretative ruling (December 21, 1976) specifically states (footnote 3) that indirect or secondary impacts which can be accurately quantified should be considered when determining whether thesourcewouldcause or exacerbate a violation ofthe NAAQS. The State certified public hearings

wereheld in accord with 40 CFR 51.4. Therulesmeetthe requirements of40 CFR 51.18 and the interpretative 

### ruling-IR (41FR55524,December 21, 1976). EPA will not inquire into the State record so long as these requirements are metby the State submitted SIP revision. The requirement being commented upon does notregulate or burden carriers. It merely states that emissions from carriers, associated with the new or modified stationary

source to be constructed, will be considered In determining the net emissions resulting from the proposed

source.

2. "New source review (as required by section 110 of the Clean Air Act) shouldberequiredonlyforsources for which there are standards ofperformance for new stationary sources, promulgated pursuant to section 111 of the Act." EPA believed the Clean Air Act of 1970 required preconstruction review of all major new or modified stationary sources for determination of interference with attainment or maintenance of the national ambient 

### air quality standrds (NAAQS). The Clean Air Act Amendments of 1977 verified thisbelief.Section 129 ofPub.
L. 95-95 provides that the lM. shall apply before July 1. 1979. (Noteunder 42 U.S.C. .7502.) The IR. and the 1977 amendments state that the term "major source" shall cover any source that emits more than a specified amountofpollutant. Thusnew source review isrequired for allnewormodifled major sources, regardless of whether there are applicable standardsofperformance.

3. "Theproposed rules areimpermissibly vague.' The IR indicatesprecisely how "interference" will be determined. Moreover. rule 213 contains adequate guidance for assessing air qualityImpact.

4. 'rhere hasbeen no showing that the rules are necessary to the attainment and maintenance of the 

### NAAQS:"The South Coast AirBasin in nonattainment for most of the criteria pollutants. The IIR has been es

### tablished for dealing withnew source construction in areas exceeding the

FEDERAL REGISTER, VOL 43, NO. 218-THURSDAY, NOVEMER 9. 1978NAAQS. Emissions from new sources would otherwise exacerbate existing violations of the NAAQS. Therefore

new source review rules implemented by either EPA or the SCAQMD are necessary to the attainfent and maintenance ofthe standards. EPA is presently implementing the IR and issues permits for sources in the SCAQMD

. The effect of this approval will be to transfer primary authority under the SIPto the SCAQMD.

5. "The'requirement (on certain exemptions) of concurrence by California Air Resources Board and EPA will 'guarantee interriinable and very ex- pensive delays on proposed projects'." Concurrence by the State and EPA in-

sures that the granting of exemptions does not violate either State or Federal requirements. Normally EPA' and ARB willgrant concurrence within the time requirements of the public com- ment period. In cases where the SCAQMD grants an exemption that is inconsistent with Federal requirements, EPA, or. ARB will, conduct a review within the time requirements specified in40 CFR 51.18.

6. One commentor alleged that the California Air Resources Board (ARB) failed to follow State procedural re- quirements in adoption of new source review rules for the SCAQID. The ARB is the only agency designated by the Goyernor of California as the agency for submittal of SIP revisions and has certified that such regulations

were adopted in accordance with EPA requirements. Matters of alleged procedural Irregularities under State law

are best addressed atthe State level,

7. Various commentors suggested various substantive changes to rules 213, 213.1, and 213.2. EPA mustreview and approve or disapprove the SIP re- visions as submitted by the State. We do not have the authority to rewrite the State submitted regulations. So long as the proposed SIP revision is equal to or more stringent than the EPA requirements, it will be approved. Proposed substantive changes in the SCAQMD regulations are most appropriately addressed to the adopting body during the regulation's formative stages.

These comments have not caused EPA to change its position, as summa- rized below:

EPA has thoroughly reviewed the South Coast Air Quality Management District and Los Angeles, Riverside, and San Bernardino Air Pollution Control Districts (Southeast Desert Portions) revised regulation II, rules 201-207, 209-217, and 219. This was done by comparing them to the re,- quirements ofsection 110 ofthe Clean Air Act, the requirements of 40 CFR Part 51, Requirements for Preparation, Adoption, and submittal of Implementation Plans (particularly 40 RULES AND ) REGULLATIO)NS

CFR 51.18-Review of New Sources and Modifications), EPA's Interpretative Ruling for Implementation of the Requirements of 40 CFR 51.18 (41 FR 55524, December 21, 1976). A compari-

son of the effectiveness of control of emissions of new sources, both for

sources proposed for construction within the District and for sources representative of anational projection

was'also prepared. It isconcluded that. these rules are broader'in scope and at 'least as stringent as are required under the Clear Air Act and 40 CFR 51.18. IThe Administrator hereby approves South Coast Air Quality Management District and Los Angeles, Riverside, and San, Bernardino Air Pollution Control Districts (Southeast Desert Portions) rules 201, 202, 203, 204, 205, 206,-207, 209, 210,-211, 212, 213, 213.1, 213.2, 214, 215, 216, 217, and 219 -as part oftheCalifornia State Implementation Plan.

,.

In accordance with this approval the Administrator hereby deletes 40 CFR 52.233 (d)(2), (d)(8)(i-iii), (g)(1)(ii), and (g)(1)(ix)(a-c) which were substitute regulations, Implemented and en- forced by EPA, for the review of new sources and modifications in the South Coast Air Quality Management District and Los Angeles, Riverside, and San Bernardino Air Pollution Control Districts (Southeast Desert Portions). This approval transfers primary authority for implementation and enforcement fromEPA to the,District. (Sections 110 and 301(a) of the Clean Air Act, as amended (42 U.S.C. sections 7410 and7601(a)).)

Dated: October 31, 1978. DOUGLAS M. COSTLE, Administrator,' Part 52 of Chapter I, Title 40 ofthe Code ofFederal Regulations is amended asfollows: Subpart F-California
1. Section 52.220,

- paragraph (c)(31)(vi)(C), (32)(iv)(C), (36)(i)(A), (39)(ii)(B), (39)(iii)(B), and (39)(iv)(B)
are added toread asfollows: 

### §52.220 Identification ofplan.

c)* * ** (c)

• * C'/ * *
(31) * * * (vi) Southern California APCD. (C) Rules 201-207, 209-212, 214-217, and 219.

* C * *' * (32) * * (iv) Southern California APCD. (C) Rules 202 and219.

(36) Revised-regulations for the fol.' lowing APCD were submitted on November 19, 1976, by the Governor's designee.

(i) Southern California APCD, (A) Rules 213, 213.1, and 213.2.

(39) * * * (i) * ** (ii) San Bernardino County APCD (Southeast DesertPortion).

(A) * * * (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.

(iii) Los Angeles County APCD (Southeast DesertPortion).

(A) * * * (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.

(iv) Riverside County APCD (SoutheastDesertPortion).

•(A) * * *

(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.

* * * * *
2. Section 52.233 Is amended by revoking and reserving paragraphs (d)(2), (d)(8)(1-iii), (g)(1)(li), and (g)(1)(ix)(a-c). §52.233 Review or new sources and modifications.

(d) * * (1) * * * (2) [Reserved]

(8) * * * (i) [Reserved] (ii) [Reserved] (iii) [Reserved]

(e) * * (f) * * * (g) * * * (i) * **
(ii) [Reserved]

(ix) *'* * (a) [Reserved] (b) [Reserved] (c) [Reserved] * * *

S S *

* * 5 [FR Doe. 78-31610 Filed 11-8-78: 8:45 am]

FEDERAL REGISTER, VOL, 43, NO. 218-THURSDAY, NOVEMBER 9, 1978