29536 Federal Register / Vol. 47, No. 130 / Wednesday, July 7, 1982 / Rules and Regulations

PublicNotification-TheGoiernor's September 12, 1980, submittal of sections No. 51.285 (a), (b) and (c) of Louisiana's State Implementation Plan

more than adequately meet the requirements ofsection 127 ofthe Clean Air Act. This section requires (a) public notification ofexceedance ofprimary standards on a regular basis during any, portion of the proceeding year, (b) advising public ofhealth hazards associated with such exceedances and (c) increasing public awareness in prevention ofexceedances and participation in regulation ofair quality. Therefore, this revision is approved.

The revisions included in this approval notice are considered minor in
nature and noncontroversial. EPA is approving them without prior proposal. This action will be effective 60 days from the date ofthis Federal Register notice. However, ifnotice is received within 30 days that someone wishes to submit adverse or critical comments, this action will be withdrawn and two subsequent notices will be published before the effective date. One notice will withdraw the final action and the other will begin a new rulemaking by announcing a proposal ofthe action and establishing a comment period.

The Office ofManagement and Budget has exempted this rule from the requirements of section 3 ofExecutive Order 12291. Under 5U.S.C. 605(b), the Administrator has certified that SIP approvals do not have a significant economic impact on a substantial number ofsmall entities. (See CFR8709,)

Under section 307(b)(1) ofthe Act, petitions forjudicial review ofthis action mustbe filed in theUnited States Court of Appeals for the appropriate circuit by September 7, 1982. This action may not be challenged later in proceedings to enforce its requirements. (See 307(b)(2)).

Incorporation by reference ofthe State Implementation Plan for the State ofLouisiana was approved by the Director ofthe Federal Register ofJuly 1, 1981. This notice offinal rulemaking is issued under the authority ofSection 110 ofthe Clean Air Act, asamended, 42 U.S.C. 7410. List ofSubjects in 40 CFR Part52

Airpollution control, Ozone, Sulfur oxides, Nitrogen dioxide, Lead, Particulate matter, Carbon monoxide, and Hydrocarbons.

Dated: June 30, 1982. Anne M. Gorsuch, Administrator. PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Part 52 ofChapter 1, Title 40 ofthe Code ofFederal Regulations is amended

as follows:
Subpart T-Louisiana

1. In § 52.970, paragraph (c) is amended by adding paragraph (27) as follows: §52.970 Identification of Plan.

* * * * *

(c) * * * (27) Revisions to the plan for permit fee systems, interstate pollution abatement, public availability of emission data, maintenance ofpay, permit public comment, and public notification ofexceedances ofthe primary national ambient air quality standards (NAAQS), were submitted by the Governor on April 30, 1979. In addition, revised submittals for permit fee schedules were submitted on July 7, 1979; September 12, 1980; October 23, 1980; and January 12, 1981. The September 12, 1980 letter also included a
new section 51.285(a), (b) and (c). Finally, the State sent anotification letter on August 7,1979, which corrected

a typographical error in the maintenance of pay revision.

§52.983 [Removed and reserved]

2. Section 52.983 is removed and reserved.
(FRDoc. 82-18317 Filed 7-6-82 8.45 am] BILLING CODE 6560-50-U

40 CFR Part 52 [A-9 FRL2139-51

Mountain Counties Air Basin, California Nonattainment Area Plan
AGENCY: Environmental Protection Agency (EPA). ACTION: Notice ofFinal Rulemaking.
SUMMARY: In today's notice EPA is finalizing the conditional approval ofthe Mountain Counties Air Basin (MCAB) nonattainment area plan (NAP) for

ozone. The MCAB NAP was submitted by the State ofCalifornia and was proposed to be conditionally approved with respect to Part D ofthe Clean Air Act, "Plan Requirements for Nonattainment Areas," on March 22, 1982.

DATE: This action is effective July 7, 1982. ADDRESS: A copy ofthe MCAB NAP for

ozone is located at: The Office ofthe Federal Register, 1100

L Street NW., Room 8401, Washington, D.C. 20408 Public Information Reference Unit,

Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: David P.Howekamp, Acting Director, Air Management Division, Environmental Protection Agency, Region 9, 215 Fremont Street, San Francisco, CA 94105, Attn: Douglas Grano, (415)974-8058.

SUPPLEMENTARY INFORMATION: Background

On October 15, 1979, and January 28, April 3,May 28 and June 22, 1981, the California Air Resources Board (ARB) submitted revisions to the California State Implementation Plan (SIP) consisting ofa control strategy and regulations for theMountain Counties Air Basin. These revisions, which comprise the Mountain Counties Air Basin NAP, are intended to provide for attainment ofthe ozone National Ambient Air Quality Standard (NAAQS) in theMCAB portion ofPlacer and El Dorado Counties.

On March 22, 1982 (47FR 12195), EPA published a notice ofproposed rulemaking concerning the MCAB NAP for ozone. The noticeprovided a description oftheNAP, summarized the applicable Clean AirAct requirements, compared the NAP to those criteria, and proposed to approve, or conditionally approve portions ofthe NAP.TheMarch 22 notice should be used as a reference in reviewing today's actions. Supplemental Revisions

The March 22, 1982 notice indicated that the only serious deficiency in the MCAB NAP was the lack ofdefinitions for the El Dorado County New Source Review (NSR) rule. Rule 102, "Definitions", previously submitted by the State on April 17, 1980, contains definitions which remedy thismajor deficiency.

Rule 102has beenreviewed as a supplemental revision. EPA's detailed evaluation is available at the addresses indicated above. While the definitions do contain some minor deficiencies, the rules are being approved as part of today's rulemaking action. The State and the lead planning agencies have committed to amending the regulations to fully satisfy EPA's NSR requirements.

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EPA believes that theNSR definitions for El Dorado County represent a clarification ofthe rules and do not change their substance. Since an opportunity to comment on the rules has already been given in the proposal notice, further comment is not considered necessary for this minor revision and thus,EPA finds that "good cause" exists to immediately approve these rules. (See Administrative Procedures Act, 5U.S.C. 553(b).)
Public Comments

EPA received public comments from theEl Dorado County Air Pollution Control District (APCD) (letter dated April 13, 1982) and the Placer County APCD (letterdated April 22, 1982). The El Dorado County APCD commented that Rules 313 to 320listed in theMarch 22 notice were actually numbered as Rules 213 to 220.EPA will approve the rule-numbering change after the change is officially submitted bythe State of California for inclusion in the SIP. The rulenumbering used in today's notice is the same as in theproposed rulemaking (i.e., Rules 313 to 320).

The ElDorado Placer and County APCD indicated their intent to revise their NSRregulation to conform with EPA's revised requirements. Therefore, EPA will conditionally approve the permitting portion ofthe MCAB NAP with the condition that acceptable NSR regulations be submitted by January 1, 1983. EPA Actions

EPA's final actions on the MCAB NAP for ozone are described below. These actions are based on the proposed rulemaking notice, supplemental revisions, and thepublic comments received byEPA. ApprovedPortions oftheNAP EPA is taking final action under section 110of the Clean Air Act to approve the following rules since they provide emission limits necessary to insure attainment oftheNAAQS: El Dorado County Rules 313, 314, 315, 316, 317, 318,319, and320; and Placer County Rule 214.

The following portions of theNAP are approved because they satisfy the requirements ofPart D: emission inventory, modeling, emission reduction estimates, attainment provision, reasonable further progress, legally adopted measures, emissions growth, annual reporting, resources, public and government involvement, and public hearing requirements.

The State's request for an extension of the ozone attainment dateto December 31, 1987 is approved. Conditionally ApprovedPortionsof the NAP

As discussed in theproposal notice, the Public Comment Technical Support Document, and the Supplemental Revisions section ofthis notice, the permit program ofthe NAP contains minor deficiencies with respect to EPA's current NSR regulations listed at 40 CFR 51.18(j). EPA is conditionally approving this portion ofthe NAP forthe reasons described in theNotice ofProposed Rulemaking (March22, 1982). The pollution control agencies forCalifornia and the Counties have assured EPA that they will submit the material to correct these deficienceis. It is not expected that any majornew source growth will occur during the briefperiod of time the rules

are being amended.

To satisfy the condition ofapproval, the State and Counties must submit the following material by the indicated date: By January 1, 1983, the New Source Review rules for the Placer and El Dorado portions oftheMCAB must be revised to meet therequirements in EPA's amended regulations under Section 173 (May 13, 1980, (45 FR 31307), August 7,1980, (45 FR 52676) and October 14, 1981, (46FR 50766)). Final Actionon theOverallNAP Since the MCAB NAP for ozone in Placer and El Dorado Counties contains only minor deficiencies, and since the Statehas provided assurances to correct these deficiencies, EPA is taking final action to conditionally approve the overall NAP with respect to Part D.As a result,the currentprohibition on construction ofmajor new or modified

sources ofvolatile organic compounds is

no longer in effect in these portions of the MCAB. Regulatory Process

Inthose areas forwhich the State of California has submitted approvable or conditionally approvable NAPs in accordance with therequirements of PartD, EPA has responsibility to take a final action as soon as possible in order to lift the construction prohibition. Since the State has submitted a conditionally approvable NAP forthe Counties discussed in thisnotice, EPA finds that good cause exists formaking this action immediately effective.

The following Federal regulations are being partially rescinded since they have been replaced by similar rulesin the MCAB: 40 CFR 52.254, "Organic solvent usage" 40 CFR 52.255, "Gasoline transfervapor

control" 40 CFR 52.256, "Control ofevaporative losses

from the refilling ofvehicular tanks" The Federal Regulation 40 CFR 52.264, "Mass Transit Priority Strategy and Planning," is being rescinded as proposed since it was invalidated by previous legal action.

Under 5U.S.C. 605(b), the Administrator has certified that SIP approvals do nothave a significant economic impact on a substantial number ofsmall entities. (See 46FR 8709.) Under Executive Order 12291, today's action isnot "major." Ithas been submitted to the Office of Management and Budget forreview.

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 September 7, 1982. This action may not be challenged later in proceedings to enforce its requirements.

Incorporation byreference ofthe State Implementation Plan for the State ofCalifornia was approved by the Director ofthe Federal Register on July 1, 1981. (Secs. 110, 129, 171-178, and 301(a), Clean Air Act, as amended (42U.S.C. 7410, 7429, 7501 to 7508, and 7601(a))
List of Subjects in40 CFRPart 52

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

Dated: lune 30, 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 Section 52.220(c) subparagraphs (52)(xiii)(C), (92)(ii)(C), (93)(vi), (98)(vii)(B), (119)(i)(B) and (120) are added as follows: §52.220 Identification of plan.

* * * * *

(c) * * * (52) *** (xiii) *** (C) Rule 508 (except paragraph (c)(3)(h)).

* * * * *

(92) *** (ii) * * (C) Rule 214.

* * * * *

(93) ** * 29537

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(vi) El Dorado County APCD (Mountain Counties Air Basin Portion).

(A) Rules 318, 319, and 320.

* • * * *

(98) *** (vii) *** (B)Rules 313, 314, 315, 316, and 317.

(119) *** 

### i) * * * (B)Rule 102.

• • • * *

(120) TheMountainCountiesAir Basin ControlStrategyforozone (Chapter9 ofthe "Comprehensive Revisions to the State ofCalifornia Implementation Plan for the Attainment and Maintenance of the Ambient Air Quality Standards" was submitted by the Governor's designee on April 3,1981. The submittal also included revised regulations forthe following APCD's.

(i)ElDorado County APCD (Mountain Counties Air Basinportion).

(A) Rules 401, 402,403, 404, 405, 406, 407,410, 411, 415,416, 418,419, 420,421, 422,423, 424, and 425.

• * * • •

2.Section 52.222 is amended by adding paragraph (d)(7) as follows: §52.222 Extensions.

* * * * •



### (d) * * * (7)Mountain Counties Air Basin. (i)El Dorado County (Mountain Counties Air Basinportion) for 03.

(ii) Placer County (Mid-County portion) for Os.

* * * * *

3.Section 52.223 is amended by adding paragraph (b)(1O as follows: §52.223 Approved Status.

• • * * *

(b) *** (10) Mountain Counties Air Basin. (i)El Dorado County (Mountain Counties AirBasin portion) for03.

(ii) Placer County (Mid-County portion) for 03.

• * * * *

4. Section 52.232 is amended by adding paragraph (a)(15) as follows: §52.232 Part Dconditionalapproval.



## (a) ** * (15) Mountain Counties AirBasin. (i)By January 1,1983 the new source review rules forPlacer and ElDorado Counties mustbe revised to meet the requirements in EPA's amended regulations under Section 173 (May 13, 1980, (45FR 31307), August 7,1980, (45 FR 52676), and October 14, 1981, (46FR 50766)).

* * • * * 5.In Section 52.238, the entries for the Mountain Counties Intrastate are amended to read as follows: §52.238 Attainment dates forthe national standards.

• • • * *

POLLUTANTS

Air quality control TSP SO. NO, CO o. region Primary Secondary Primary Secondary

Mountain Counties

Intrastate:
PlacerCounty

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

....... e

.......... ... .

portion. El Dorado a ....................... a
.................... e

.................... e......... a.... County portion.

6. Section 52.254 is amended by adding paragraph (a)(3)(vii) as follows: §52.254 Organic solventusage.

(a) * * * (3) *** (vii) El Dorado County (Mountain Counties Air Basin portion).

* * • * *

7. Section 52.255 is amended by adding paragraph (b](2)(viii) as follows: §52.255 Gasoline transfer vapor control.

* • * * *

(b) *** (2) • • (viii)El Dorado County APCD (Mountain Counties Air Basin portion).

8. Section 52.256 is amended by adding paragraph (b)(3)(ii)and (b)(3)(iii)

as follows: §52.256 Control of evaporative losses fromthe fillingofvehiculartanks.

(b) • (3) ** • (ii) El Dorado CountyAPCD (Mountain Counties Air Basin portion).

(iii) Placer County APCD (Mountain Counties Air Basin portion).

§52.264 [Removed and reserved]

9. Section 52.264 is removed and reserved.
[FR Doc. ,2-18318 Filed 7-6-12; 8:45 am]
BILUNG CODE 6560-W-1

40 CFR Part 52 [A-10-FRL 2151-4]
Approval and Promulgation of Implementation Plan Revisions; Oregon AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: (OR 614 and OR 873) By this Notice EPA announces its approval of the following revisions to the State of Oregon Implementation Plan: (1) A revision to the Ambient Air Quality Standard for ozone to be consistent with EPA's ozone standard, and (2) three revisions to the Lane Regional Air Pollution Authority Rules. These revisions have been submitted by the State ofOregon Department of Environmental Quality after adequate opportunity for public, private and industry input. This action will be effective on September 7, 1982 unless notice is received before August 6, 1982 that someone wishes to submit adverse

or critical comments. If such notice is received, EPA will open a formal 30-day comment period prior to final rulemaking on this action. EFFECTIVE DATE: This action is effective September 7, 1982. ADDRESSES: Copies ofmaterials submitted to EPAmay be examined during normal business hours at the following locations: Central Docket Section (10A-82-3),

West Tower Lobby, Gallery I, Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460 Air Programs Branch, Environmental

Protection Agency, Region 10, 1200 Sixth Avenue M/S 532, Seattle, Washington 98101, State ofOregon, Department ofEnvironmental Quality, 522 S.W. Fifth, Yeon Building, Portland, Oregon 97207 The Office ofFederal Register, 1101 L

Street NW., Room 8401, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Michael J. Schultz, Environmental Protection Agency, 1200 Sixth Avenue M/S 532, Seattle, Washington 98101,

HeinOnline -- 47 Fed. Reg. 29538 1982