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

Public Notification-The Goiernor'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 of section 127 of the Clean

Air Act. This section requires (a) public

notification of exceedance of primary

standards on a regular basis during any,

portion of the proceeding year, (b)

advising public of health hazards

associated with such exceedances and

(c) increasing public awareness in

prevention of exceedances and

participation in regulation of air 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 of this Federal Register

notice. However, if notice 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this action will be withdrawn and two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 of the action and

establishing a comment period.

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291. Under 5 U.S.C. 605(b), the

Administrator has certified that SIP

approvals do not have a significant

economic impact on a substantial

number of small entities. (See CFR 8709,)

Under section 307(b)(1) of the Act,

petitions for judicial review of this

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.

(See 307(b)(2)).

Incorporation by reference of the

State Implementation Plan for the State

of Louisiana was approved by the

Director of the Federal Register of July 1,

1981. This notice of final rulemaking is

issued under the authority of Section 110

of the Clean Air Act, as amended, 42

U.S.C. 7410.

List of Subjects in 40 CFR Part 52

Air pollution 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 of Chapter 1, Title 40 of the

Code of Federal 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 of pay,

permit public comment, and public

notification of exceedances of the

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 a notification

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.

(FR Doc. 82-18317 Filed 7-6-82 8.45 am]

BILLING CODE 6560-50-U

40 CFR Part 52

[A-9 FRL 2139-51

Mountain Counties Air Basin,

California Nonattainment Area Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Final Rulemaking.

SUMMARY: In today's notice EPA is

finalizing the conditional approval of the

Mountain Counties Air Basin (MCAB)

nonattainment area plan (NAP) for

ozone. The MCAB NAP was submitted

by the State of California and was

proposed to be conditionally approved

with respect to Part D of the Clean Air

Act, "Plan Requirements for

Nonattainment Areas," on March 22,

1982.

DATE: This action is effective July 7,

1982.

ADDRESS: A copy of the MCAB NAP for

ozone is located at:

The Office of the 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 of a control strategy and

regulations for the Mountain Counties

Air Basin. These revisions, which

comprise the Mountain Counties Air

Basin NAP, are intended to provide for

attainment of the ozone National

Ambient Air Quality Standard (NAAQS)

in the MCAB portion of Placer and El

Dorado Counties.

On March 22, 1982 (47 FR 12195), EPA

published a notice of proposed

rulemaking concerning the MCAB NAP

for ozone. The notice provided a

description of the NAP, summarized the

applicable Clean Air Act requirements,

compared the NAP to those criteria, and

proposed to approve, or conditionally

approve portions of the NAP. The March

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 of definitions

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 this major

deficiency.

Rule 102 has been reviewed 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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Federal Register / Vol. 47, No. 130 / Wednesday, July 7, 1982 / Rules and Regulations

EPA believes that the NSR definitions

for El Dorado County represent a

clarification of the 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, 5 U.S.C. 553(b).)

Public Comments

EPA received public comments from

the El Dorado County Air Pollution

Control District (APCD) (letter dated

April 13, 1982) and the Placer County

APCD (letter dated April 22, 1982). The

El Dorado County APCD commented

that Rules 313 to 320 listed in the March

22 notice were actually numbered as

Rules 213 to 220. EPA will approve the

rule-numbering change after the change

is officially submitted by the State of

California for inclusion in the SIP. The

rule numbering used in today's notice is

the same as in the proposed rulemaking

(i.e., Rules 313 to 320).

The El Dorado Placer and County

APCD indicated their intent to revise

their NSR regulation to conform with

EPA's revised requirements. Therefore,

EPA will conditionally approve the

permitting portion of the 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 the 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: El

Dorado County Rules 313, 314, 315, 316,

317, 318, 319, and 320; and Placer County

Rule 214.

The following portions of the NAP are

approved because they satisfy the

requirements of Part 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 date to December

31, 1987 is approved.

Conditionally Approved Portions of the

NAP

As discussed in the proposal notice,

the Public Comment Technical Support

Document, and the Supplemental

Revisions section of this notice, the

permit program of the 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 of the NAP for the reasons

described in the Notice of Proposed

Rulemaking (March 22, 1982). The

pollution control agencies for California

and the Counties have assured EPA that

they will submit the material to correct

these deficienceis. It is not expected that

any major new source growth will occur

during the brief period of time the rules

are being amended.

To satisfy the condition of approval,

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 of the MCAB must be

revised to meet the requirements in

EPA's amended regulations under

Section 173 (May 13, 1980, (45 FR 31307),

August 7, 1980, (45 FR 52676) and

October 14, 1981, (46 FR 50766)).

Final Action on the Overall NAP

Since the MCAB NAP for ozone in

Placer and El Dorado Counties contains

only minor deficiencies, and since the

State has 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 current prohibition on

construction of major new or modified

sources of volatile organic compounds is

no longer in effect in these portions of

the MCAB.

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, 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 for the Counties

discussed in this notice, EPA finds that

good cause exists for making this action

immediately effective.

The following Federal regulations are

being partially rescinded since they

have been replaced by similar rules in

the MCAB:

40 CFR 52.254, "Organic solvent usage" 40 CFR 52.255, "Gasoline transfer vapor

control"

40 CFR 52.256, "Control of evaporative losses

from the refilling of vehicular 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 5 U.S.C. 605(b), the

Administrator has certified that SIP

approvals do not have a significant

economic impact on a substantial

number of small entities. (See 46 FR

8709.) Under Executive Order 12291,

today's action is not "major." It has

been submitted to the Office of

Management and Budget 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

September 7, 1982. 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.

(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))

List of Subjects in 40 CFR Part 52

Air pollution 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 of Part 52 of Chapter I, Title

40 of the Code of Federal 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

HeinOnline -- 47 Fed. Reg. 29537 1982
29538 Federal Register / Vol. 47, No. 130 / Wednesday, July 7, 1982 / Rules and Regulations

(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) The Mountain Counties Air

Basin Control Strategy for ozone

(Chapter 9 of the "Comprehensive

Revisions to the State of California

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 for the following APCD's.

(i) El Dorado County APCD (Mountain

Counties Air Basin portion).

(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 Basin portion) 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 Air Basin portion) for 03.

(ii) Placer County (Mid-County

portion) for 03. • * * * *

4. Section 52.232 is amended by

adding paragraph (a)(15) as follows:

§ 52.232 Part D conditional approval.

(a) * * *

(15) Mountain Counties Air Basin.

(i) By January 1, 1983 the new source

review rules for Placer and El Dorado

Counties must be revised to meet the

requirements in EPA's amended

regulations under Section 173 (May 13,

1980, (45 FR 31307), August 7, 1980, (45

FR 52676), and October 14, 1981, (46 FR

50766)).

* * • * *

5. In Section 52.238, the entries for the

Mountain Counties Intrastate are

amended to read as follows:

§ 52.238 Attainment dates for the 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 solvent usage.

(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

from the filling of vehicular tanks.

(b) •

(3) ** •

(ii) El Dorado County APCD

(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 of Oregon 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 of materials

submitted to EPA may 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 of Oregon,

Department of Environmental Quality,

522 S.W. Fifth, Yeon Building,

Portland, Oregon 97207

The Office of Federal 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