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Citation: 47 Fed. Reg. 15790 1982

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### 15790 Federal Register / Vol. 47, No. 71 / Tuesday, April 13, 1982 / Rules and Regulations

incorporated by reference are available forpublic inspection during regular business hours at the Environmental Protection Agency, Region I,Room 1903, JFK Federal Building, Boston, Massachusetts 02203; Public Information Reference Unit, Environmental Protection Agency, 401 M St., SW., Washington, D.C. 20460; Office of the Federal Register, 110L Street,NW., Room 8401, Washington, D.C. and the Department ofEnvironmental Quality Engineering, 1Winter Street, Boston, Massachusetts 02108.

SUPPLEMENTARY INFORMATION: This temporary sulfur-in-fuel revision is being approved pursuant to the provisions of Regulation 310 CMR 7.19, "Interim Sulfur-in-Fuel Limitation for Fossil Fuel Utilization Facilities Pending Conversion to an Alternate Fuel or Implementation ofPermanent Energy Conservation Measures". EPA approved the addition ofthis regulation to the Massachusetts SIPon March 19, 1981 (46 FR 82677). Regulation 7.19 specifies the requirements and conditions which

sources must meet in order to qualify for temporary sulfur-in-fuel relaxations and theprocedures which the Massachusetts Department mustuse in screening the

sources to determine that their emissions willnot violate air quality standards. Sources rated at lessthan 250 million Btu per hour heatinput which

are currently burning residual fuel oil and have made a commitment to either (a) convert to an alternate fuel or (b) implement conservation measures, are eligible for a temporary sulfur-in-fuel revision not to exceed 30 months under this regulation. Applications under Regulation 7.19 are reviewed by the Massachusetts Department for compliance with air quality standards. A state public comment period is held

on each application.

Further details on the requirements of Regulation 7.19 and EPA's reasons for approving it were discussed in the Notice ofProposed Rulemaking (NPR) published on December 16, 1980 (45 FR 82675). In the NPR, EPA also proposed approval ofall individual sources which

are later determined to meet the eligibility requirements ofthisnew regulation. EPA has determined that the Massachusetts Department has approved AFTDavidson's request to burn higher sulfur fuel oil in accordance with theprovisions ofRegulation 310 CMR 7.19, and agrees that no air quality standards will be viplated bythe temporary burning of2.2% sulfurfuel oil
at this facility.

EPA finds good cause for making this action effective immediately because the implementation plan is already in effect under State law and imposes no additional regulatory burden.

As noted above, EPA published a Notice ofProposed Rulemaking approving both Regulation 7.19 and all individual sources later determined to be eligible for a temporary sulfur-in-fuel relaxation pursuant to the new regulation on December 16, 1980. In addition, the Massachusetts Department published a notice and held a comment period to receive comments on its proposed approval ofthe temporary sulfur-in-fuel relaxation at theATF Davidson Company. Since the public has had these other opportunities to comment and since theATF Davidson Company is a small source (lessthan 250 million Btu per hourheat input), EPA is taking final action today to approve this SIPrevision without first publishing

a new proposed rulemaking. EPA believes that publishing a new NPR is
unnecessary.

Pursuant to the provisions of5U.S.C. Section 605(b) the Administrator has certified that SIP approvals under Section 110 and 172 ofthe Clean Air Act will not have a significant economic impact on a substantial number ofsmall entities. (46FR 8709, January 27, 1981). The attached rule constitutes a SIP revision approval under the January 27, certification. This action approves only
state actions. It imposes no new requirements. In addition, this action only applies to one facility.

Under section 307 (b)(1) of the Clean Air Actjudicial review ofthis action is available only by the filing of a petition for review in the United States Court of Appeals for the appropriate circuit within 60 days oftoday. Under section 307(b)(2) of the Clean Air Act, the requirements which are the subject of today's notice may notbe challenged laterin civil or criminal proceedings brought to enforce these requirements.

The Office ofManagement and Budget has exempted thisrulemaking from the requirements of section 3 ofExecutive Order 12291. After evaluation of the state's submittal, the Administrator has determined that the Massachusetts revision meets the requirements of the Clean Air Act and 40 CFR Part 51. Accordingly thisrevision is approved as

a revision to the Massachusetts State Implementation Plan.

List ofSubjects in 40 CFR Part 52

Air pollution control, Ozone, Sulfur oxides, Nitrogen dioxide, Lead, Particulate matter, Carbon monoxide; Hydrocarbon. (Section 110(a) and Section 301(a) of the Clean AirAct, as amended (42 U.S.C. 7410(a) and7601(a))) Note.-Incorporation byreference ofthe State Implementation Plan for the state of Massachusetts was approved by the Director ofthe Federal Register on July 1,1981.

Dated: April 6,1982. Anne M.Gorsuch,
Administrator.

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Part 52 Chapter I, Title 40 ofthe Code of Federal Regulations is amended as follows:
Subpart W-Massachusetts

Section 52.1120, paragraph (c) is amended by adding subparagraph (46)

as follows: §52.1120 Identification of Plan.



# (c) * * * (46) A revision submitted on December 29, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning ofhigher sulfur
content fuel oil at the ATF Davidson Company, Northbridge, until December 1, 1983.

[FR Doc.82-10066 Filed 4-12-82; 8:45 aml BILLING CODE 6560-50-M

40 CFR Part 52

[A-9-FRL 2080-11
Approval and Promulgation of Implementation Plans; Nonattainment Area Plans forthe State of Nevada

AGENCY: Environmental Protection Agency. ACTION: 

### Final rulemaking.

SUMMARY: 

### OnApril 14, 1981 

### the Environmental Protection Agency (EPA) took actions on the Mason Valley/ Fernley Area, Lander County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las Vegas Valley Nonattainment Area Plans (NAPsJ with regard to the requirements of PartD. "Plan Requirements for Nonattainment Areas," ofthe Clean Air Act. Among other actions, EPA approved with conditions portions ofthe NAPs for carbon monoxide (CO), ozone, and particulate matter (PM). The conditions for approval required that the State of Nevada submit specific material as State Implementation Plan (SIP) revisions to correct deficiencies which

were identified in the NAPs.

The purpose of this notice is to advise thepublic that these conditions have

HeinOnline -- 47 Fed. Reg. 15790 1982

### Federal Register / Vol. 47, No. 71 / Tuesday, April 13, 1982 / Rules and Regulations

been fulfilled by the State. EPA is therefore taking final action to approve the material, incorporate it into the SIP, and revoke the applicable conditions.
EFFECTIVE DATE: June 14, 1982. ADDRESSES: Copies ofthe State's 

### submittal are available forpublic inspection duringnormal business hours at the EPARegion 9 Office and atthe following locations: The Office oftheFederal Register, 1100

LStreet, N.W., Washington, D.C. 20408 Public Information Reference Unit,

Environmental Protection Agency, Library, 401M Street, S.W., Washington, D.C. 20460 Nevada Division ofEnvironmental

Protection, 201 South Fall Street, Carson City, NV89710
FOR FURTHER INFORMATION CONTACT: 

### DavidP. Howekamp, Acting Director, AirManagement Division, U.S. Environmental Protection Agency, Region 9, 215Fremont Street, San -Francisco, CA 94105, Attn: Jerry Clifford, (415) 974-8232
SUPPLEMENTARY INFORMATION: 

### Background

OnApril 14, 1981 (46FR5965), EPA conditionally approved theMason Valley/Fernley Area, Lander County, Carson Desert,Winnemucca Segment, Truckee Meadows, andLas Vegas ValleyNAPs for CQ, ozone, and PM. Thereader isreferred to that Federal Register notice for a detailed discussion ofEPA's findings. Today's notice discusses conditions ofEPA's approval of the NAP which required the State to submit corrective material byAugust 12, 1981. Description

On October 13, 1980; March 4, 1981; October 21, 1981; andNovember 17, 1981 the State submitted materials to satisfy the conditions ofapproval promulgated in the April 14, 1981 rulemaking.These portions respond directly to the conditions and, in so doing,update the NAPs. The State submittals are as follows:

October13, 1980-Rule25 ofGeneral Order No.3,Nevada Public Services Commission, andNevada Revised Statutes 704.820-704.900 (Utility Environmental Protection Act). These materials address the provisions of section 172(b)(11)(A), which requires a special preconstruction review program for majoremitting facilities.

March4,1981-LasVegas Valley Air Quality Implementation Plan,revised November 18, 1980. This update to the 

### original NAP contains materials responsive to the conditions ofapproval. These miscellaneous NAP changes include more current and accurate emission inventories, air quality data, riiodeling analyses, schedules, resource commitments, and strategy evaluations. The entire revision corrects explicit deficiencies in the SIPand, as described below, satisfies EPA's conditions.

October21, 1981-Letterto Louise Giersch, Director,Air and Hazardous Materials Division, EPA Region 9, from Dick Serdoz, Nevada State Air Quality Officer. This letter substantiates committed resources for implementation of the particulate matter NAPS in Mason Valley/Fernley, Lander County, Carson Desert and Winnemucca. The record of commitment and project completion

covers each strategy during theperiod 1980-1981.

November17,1981-Resolution of the Washoe Council ofGovernments, adopted August 28, 1981, and Endorsement ofthe StateEnvironmental Commission (October 14,1981). This material provides the comprehensive commitments to NAP implementation required for the Truckee Meadows nonattainment area, as specified below. The Washoe Council of Governments, representing the cities ofReno and Sparks and Washoe County, is the designated lead agency responsible for plan development and implementation in Truckee Meadows.

Discussion

EPA's conditions ofapproval, the State submitted materials, and EPA's actions are described below. A more detailed discussion ofEPA's findings is included in the Technical Support Document available at the addresses indicated above.

1. Condition-TheMason Valley/ Fernley Area, Lander County, Carson Desert, Winnemucca Segment, Truckee Meadows and Las Vegas Valley portions ofthe Nevada SIP are approved

as satisfying PartD requirements for total suspended particulates provided the following conditions are met:

(a) The State must submit an identification and commitment of

resources specifically identifying and budgeting all financial and manpower

resources necessary for plan implementation for all theplans listed above.

(b) The State must submit the

measures referenced In the June 22, 1979 letter from the Clark County Manager for the Las Vegas Valley plan only.

Response-OnOctober 21, 1981 the State submitted evidence of commitments ofresources for plan implementation in the following nonattainment areas: Mason Valley/ Fernley, Lander County, Carson Desert, 

### and Winnemucca. Commitments for Truckee Meadows were provided by the State on November 17, 1981. An update
to the Las Vegas Valley NAP, submitted

on March 4, 1981, furnishes commitments ofresources as specified in the condition.

EPA Action-Thismaterial corrects the deficiencies, and EPA approves the submittals for incorporation into the SIP and revokes the applicable conditions.

2. Condition-TheTruckee Meadows portion ofthe Nevada SIPis approved

as satisfying PartD requirements for carbon monoxide provided the following condition is met: the State must submit commitments for adopted measures and schedules for the analysis of the other

measures listed in Section 108(f).

Response-OnNovember 17, 1981 the above referenced commitments were submitted, with schedules for analysis ofother measures.

EPA Action-Thismaterial corrects the deficiency, and EPA approves the submittal for incorporation into the SIP and revokes the applicable condition.

3. Condition-TheLas Vegas Valley portion ofthe Nevada SIPis approved

as satisfying PartD requirements for carbon monoxide and ozone provided the following conditions are met:.

(a)The State must submit a demonstration showing attainment by December 31, 1982 ofthe 0.12ppm (or the 0.08 ppm) standard for the ozone portion ofthe plan.

(b) The State must submit the adopted

measures and schedules for the analysis ofthe other measures listed in Section 108(f) for the COportion ofthe plan.

(c) The State must submit regulations for thereview and permitting offossil fuel-fired electric steam generators.

(d) The State must submit a commitment to establish, expand, or improve public transportation to meet basic transportation needs for the CO portion ofthe plan.

(e) The State must-submit commitments and schedules to analyze further the Section 108(f) measures not yet included in the CO portion of the plan and a commitment to initiate implementation of those measures shown to be reasonably available.

Response-OnMarch 4, 1981, the State submitted an update to the Las Vegas Valley NAP.This revised NAP responds to the elements ofthe conditions identified in a, b, d, and e.

On October 13, 1980, the State submitted the following materials in response to element c ofthe condition: (1)Rule 25 ofGeneral Order No. 3 ofthe Public Services Commission ofthe State ofNevada and (2) Nevada Revised 

### 15791

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### Federal Register / Vol. 47, No. 71 

### / Tuesday, April 13, 1982 

## / Rules and Regulations

Statutes 704.820-704.900 concerning the Utility Environmental Protection Act.

EPAAction-This material corrects the deficiency, and EPAapproves the submittals for incorporation into theSIP and revokes the applicable condition.

EPA has determined that good cause (see Administrative Procedure Act, 5 U.S.C. 553(b)) exists to approve the above items without providingfurther notice and opportunity to comment since therevisions clearly satisfythe conditions of approval described above. EPA has already provided opportunity
to comment on the need for and substance ofthe conditions in the proposed rulemaking.

Under the Regulatory Flexibility Act, EPA must assess the effect ofthe rulemaking action on "small entities." I hereby certify that the action will not have a significant economic impact on a substantial number of"small entities."

The Office ofManagement and Budget has exempted this rule from the requirements ofsection 3 ofExecutive Order 12291.

Under the Clean AirAct, any petitions forjudicialreview ofthis action mustbe filed in the United States Court of Appeals for the appropriate circuit by June 14, 1982. Thisaction may notbe challenged later in proceedings to enforce its requirements.

Note.-Incorporation byreference ofthe StateImplementation Plan for theState of Nevada was approved by the Director ofthe Federal Register on July 1,1981.

List ofSubjects in 40 CFR Part 52

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

### (Sections 110, 129,171 to 178, and 301(a) of the Clean AirAct, as amended (42U.S.C. 7410,7429, 7501to 7508, and7601(a)))

Dated: April 6, 1982. Anne M.Gorsuch, Administrator.

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
Subpart DD-Nevada

Subpart DD ofPart 52 ofChapter 1, Title40 ofthe Code ofFederal Regulations is amended as follows.

1. Section 52.1470 is amended by adding paragraphs (c)(21), (23), and (24)(ii) to read as follows:

§52.1470 Identification of plan.

* * * * *



## (c) * ** (21) The following amendments to the plan were submitted on October 13, 1980, by the Governor.

(i) Amendments to the Nevada Revised Statutes: 704.820 through 704.900 (UtilityEnvironmental Protection Act].

(ii) Rule 25, ofGeneral Order No. 3, Nevada Public Service Commission.

t * * * *

(23) Thefollowing amendments to the plan were submitted on March 4, 1981, by the Governor:

(i) Las Vegas Valley Air Quality Implementation Plan (excludingClark County Air Pollution Control Regulations).

* * * * *

(24) * * * (ii) Resolution ofthe Washoe Council ofGovernments adopted August 28, 1981 and Endorsement ofthe State Environmental Commission dated October 15, 1981.

• * * * *

2. Section 52.1474 is amended by removingand reserving paragraphs (a)(1) to (a)(3) to read as follows:
§52.1474 Part 0 conditionalapproval.



### (a) * * * (1) to (3)[Reserved].

* * * * *

[FR Doc. 82-10083 Filed4-12-82-.8:45 cmI
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40 CFR Part 52

(A-5-FRL 2067-6]
Approval and Promulgation of State Implementation Plan: Michigan

AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Final rulemaking.

SUMMARY: The State ofMichigan submitted a State Implementation Plan (SIP) for lead, as required under section 110(a) ofthe Clean Air Act (Act)and the October 5, 1978,promulgation ofthe National Ambient Air Quality Standard (NAAQS) forlead (43 FR46246). The SIP provides forthe implementation of

measures for controlling lead emissions for the attainment and maintenance of the NAAQS forlead in Michigan by October 31, 1982 (or within three years from the date of theState's lead SIP submittal). The purpose ofthis notice is
to announce receipt ofthe submittal, discuss EPA's review ofand announce final rulemaking action on the SIP. EFFECTIVE DATE: This action will be effective on June 14, 1982, unless notice is received within 30 days that someone 

### wishes to submit critical oradverse
comments.
ADDRESSES: 

### Copies ofthis SIPrevision

are available for review at the following addresses: Air Programs Branch, Region V, U.S.

Environmental Protection Agency, 230 South Dearborn Street, Chicago, Illinois 60604. Michigan Department ofNatural

Resources, Air Quality Division, State Secondary Government Complex, General Office Building, 7150Harris Drive, Lansing, Michigan 48917. Written comments should be sent to Gary Gulezian, Chief,Regulatory Analysis Section, AirPrograms Branch, Region V,U.S. Environmental Protection Agency, 230 South Dearborn Street, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Toni Lesser, Regulatory Analysis Section, AirPrograms Branch, Region V. U.S. Environmental Protection Agency. 230 South Dearborn Street, Chicago, Illinois 60604, (312) 886-6037.

SUPPLEMENTARY INFORMATION: On October 5, 1978, pursuant to the requirements of section 109 ofthe Act as amended, EPApromulgated an ambient air quality standard forlead (43 FR 46246). Both theprimary and secondary standards were set at a level of1.5 micrograms leadper cubic meter ofair (tg lead/m) maximum arithmetic mean

as averaged over a calendar quarter.

Section 172(a)(1) ofthe Act requires each State to revise its SIP for areas whereviolations of the standard have been measured to provide for attainment and maintenance ofthe primary and secondary NAAQS. In addition, the 40 CFR Part 51, §51.7b (43 FR 46246) requires the states to establish and operate networks for monitoring ambientlead and to report the resulting data to EPA. On September 3, 1981, requirements for air quality monitoring. data reporting, and surveillance for lead

were promulgated (46FR44159) and codified at 40 CFR Part 58, § 58.14.

On December 27, 1979 the State of Michigan submitted to EPA a revision to theSIP for lead.The plan developed by the State includes an analysis ofpoint

sources with annual lead emissions exceeding five tons and an analysis of air quality in the vicinity of ambient lead monitors which have recorded violations of the NAAQS since January 1974. The State's analysis concluded that existing lead andtotal suspended particulate (TSP) strategies are adequate
to attain and maintain thelead NAAQS. Therefore, Michigan's lead SIPdoes not contain new or revised regulations. On February 9. 1981 the State ofMichigan 

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