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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

for public 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, 110 L Street, NW.,

Room 8401, Washington, D.C. and the

Department of Environmental Quality

Engineering, 1 Winter 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 of Permanent Energy

Conservation Measures". EPA approved

the addition of this regulation to the

Massachusetts SIP on 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

the procedures which the Massachusetts

Department must use in screening the

sources to determine that their

emissions will not violate air quality

standards. Sources rated at less than 250

million Btu per hour heat input 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 of Proposed Rulemaking (NPR)

published on December 16, 1980 (45 FR

82675). In the NPR, EPA also proposed

approval of all individual sources which

are later determined to meet the

eligibility requirements of this new

regulation. EPA has determined that the

Massachusetts Department has

approved AFT Davidson's request to

burn higher sulfur fuel oil in accordance

with the provisions of Regulation 310

CMR 7.19, and agrees that no air quality

standards will be viplated by the

temporary burning of 2.2% sulfur fuel 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 of Proposed 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 of the temporary

sulfur-in-fuel relaxation at the ATF

Davidson Company. Since the public

has had these other opportunities to

comment and since the ATF Davidson

Company is a small source (less than

250 million Btu per hour heat input), EPA

is taking final action today to approve

this SIP revision without first publishing

a new proposed rulemaking. EPA

believes that publishing a new NPR is

unnecessary.

Pursuant to the provisions of 5 U.S.C.

Section 605(b) the Administrator has

certified that SIP approvals under

Section 110 and 172 of the Clean Air Act

will not have a significant economic

impact on a substantial number of small

entities. (46 FR 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 Act judicial review of this 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 of today. Under section

307(b)(2) of the Clean Air Act, the

requirements which are the subject of

today's notice may not be challenged

later in civil or criminal proceedings

brought to enforce these requirements.

The Office of Management and Budget

has exempted this rulemaking from the

requirements of section 3 of Executive

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 this revision is approved as

a revision to the Massachusetts State

Implementation Plan.

List of Subjects 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 Air Act, as amended (42 U.S.C. 7410(a)

and 7601(a)))

Note.-Incorporation by reference of the

State Implementation Plan for the state of

Massachusetts was approved by the Director

of the 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 of the 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 of higher sulfur

content fuel oil at the ATF Davidson

Company, Northbridge, until December

1, 1983.

[FR Doc. 82-10066 Filed 4-12-82; 8:45 am l

BILLING CODE 6560-50-M

40 CFR Part 52

[A-9-FRL 2080-11

Approval and Promulgation of

Implementation Plans; Nonattainment

Area Plans for the State of Nevada

AGENCY: Environmental Protection

Agency.

ACTION: Final rulemaking.

SUMMARY: On April 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 Part D.

"Plan Requirements for Nonattainment

Areas," of the Clean Air Act. Among

other actions, EPA approved with

conditions portions of the 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

the public 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 of the State's

submittal are available for public

inspection during normal business hours

at the EPA Region 9 Office and at the

following locations:

The Office of the Federal Register, 1100

L Street, N.W., Washington, D.C.

20408

Public Information Reference Unit,

Environmental Protection Agency, Library, 401 M Street, S.W.,

Washington, D.C. 20460

Nevada Division of Environmental

Protection, 201 South Fall Street,

Carson City, NV 89710

FOR FURTHER INFORMATION CONTACT:

David P. Howekamp, Acting Director,

Air Management Division, U.S.

Environmental Protection Agency,

Region 9, 215 Fremont Street, San

-Francisco, CA 94105, Attn: Jerry Clifford,

(415) 974-8232

SUPPLEMENTARY INFORMATION:

Background

On April 14, 1981 (46 FR 5965), EPA

conditionally approved the Mason

Valley/Fernley Area, Lander County,

Carson Desert, Winnemucca Segment,

Truckee Meadows, and Las Vegas

Valley NAPs for CQ, ozone, and PM.

The reader is referred to that Federal

Register notice for a detailed discussion

of EPA's findings. Today's notice

discusses conditions of EPA's approval

of the NAP which required the State to

submit corrective material by August 12,

1981.

Description

On October 13, 1980; March 4, 1981;

October 21, 1981; and November 17, 1981

the State submitted materials to satisfy

the conditions of approval 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:

October 13, 1980-Rule 25 of General

Order No. 3, Nevada Public Services

Commission, and Nevada 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 major emitting facilities.

March 4, 1981-Las Vegas Valley Air

Quality Implementation Plan, revised

November 18, 1980. This update to the

original NAP contains materials

responsive to the conditions of approval.

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 SIP and, as described

below, satisfies EPA's conditions.

October 21, 1981-Letter to 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 the period

1980-1981.

November 17, 1981-Resolution of the

Washoe Council of Governments,

adopted August 28, 1981, and

Endorsement of the State Environmental

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 of Reno and

Sparks and Washoe County, is the

designated lead agency responsible for

plan development and implementation

in Truckee Meadows.

Discussion

EPA's conditions of approval, the

State submitted materials, and EPA's

actions are described below. A more

detailed discussion of EPA's findings is

included in the Technical Support

Document available at the addresses

indicated above.

1. Condition-The Mason Valley/

Fernley Area, Lander County, Carson

Desert, Winnemucca Segment, Truckee

Meadows and Las Vegas Valley

portions of the Nevada SIP are approved

as satisfying Part D 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 the plans 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-On October 21, 1981 the

State submitted evidence of

commitments of resources 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 of resources as specified

in the condition.

EPA Action-This material corrects

the deficiencies, and EPA approves the

submittals for incorporation into the SIP

and revokes the applicable conditions.

2. Condition-The Truckee Meadows

portion of the Nevada SIP is approved

as satisfying Part D 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-On November 17, 1981 the

above referenced commitments were

submitted, with schedules for analysis

of other measures.

EPA Action-This material corrects

the deficiency, and EPA approves the

submittal for incorporation into the SIP

and revokes the applicable condition.

3. Condition-The Las Vegas Valley

portion of the Nevada SIP is approved

as satisfying Part D 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 of the 0.12 ppm (or

the 0.08 ppm) standard for the ozone

portion of the plan.

(b) The State must submit the adopted

measures and schedules for the analysis

of the other measures listed in Section

108(f) for the CO portion of the plan.

(c) The State must submit regulations

for the review and permitting of fossil

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 of the 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-On March 4, 1981, the

State submitted an update to the Las

Vegas Valley NAP. This revised NAP

responds to the elements of the

conditions identified in a, b, d, and e.

On October 13, 1980, the State

submitted the following materials in

response to element c of the condition:

(1) Rule 25 of General Order No. 3 of the

Public Services Commission of the State

of Nevada 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.

EPA Action-This material corrects

the deficiency, and EPA approves the

submittals for incorporation into the SIP

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 providing further

notice and opportunity to comment

since the revisions clearly satisfy the

conditions of approval described above.

EPA has already provided opportunity

to comment on the need for and

substance of the conditions in the

proposed rulemaking.

Under the Regulatory Flexibility Act,

EPA must assess the effect of the

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 of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

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

June 14, 1982. This action may not be

challenged later in proceedings to

enforce its requirements.

Note.-Incorporation by reference of the

State Implementation Plan for the State of

Nevada was approved by the Director of the

Federal Register on July 1, 1981.

List of Subjects 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 Air Act, as amended (42 U.S.C.

7410, 7429, 7501 to 7508, and 7601(a)))

Dated: April 6, 1982.

Anne M. Gorsuch,

Administrator.

PART 52-APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

Subpart DD-Nevada

Subpart DD of Part 52 of Chapter 1,

Title 40 of the Code of Federal

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 (Utility Environmental

Protection Act].

(ii) Rule 25, of General Order No. 3,

Nevada Public Service Commission. t * * * *

(23) The following amendments to the

plan were submitted on March 4, 1981,

by the Governor:

(i) Las Vegas Valley Air Quality

Implementation Plan (excluding Clark

County Air Pollution Control

Regulations).

* * * * *

(24) * * *

(ii) Resolution of the Washoe Council

of Governments adopted August 28, 1981

and Endorsement of the State

Environmental Commission dated

October 15, 1981. • * * * *

2. Section 52.1474 is amended by

removing and reserving paragraphs

(a)(1) to (a)(3) to read as follows:

§ 52.1474 Part 0 conditional approval.

(a) * * *

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

[FR Doc. 82-10083 Filed 4-12-82-.8:45 cmI

BILUNG CODE 6560-SO-M

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 of Michigan

submitted a State Implementation Plan

(SIP) for lead, as required under section

110(a) of the Clean Air Act (Act) and the

October 5, 1978, promulgation of the

National Ambient Air Quality Standard

(NAAQS) for lead (43 FR 46246). The SIP

provides for the implementation of

measures for controlling lead emissions

for the attainment and maintenance of

the NAAQS for lead in Michigan by

October 31, 1982 (or within three years

from the date of the State's lead SIP

submittal). The purpose of this notice is

to announce receipt of the submittal,

discuss EPA's review of and 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 or adverse

comments.

ADDRESSES: Copies of this SIP revision 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 of Natural

Resources, Air Quality Division, State

Secondary Government Complex,

General Office Building, 7150 Harris

Drive, Lansing, Michigan 48917.

Written comments should be sent to

Gary Gulezian, Chief, Regulatory

Analysis Section, Air Programs Branch,

Region V, U.S. Environmental Protection

Agency, 230 South Dearborn Street,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Toni Lesser, Regulatory Analysis

Section, Air Programs 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 of the Act as

amended, EPA promulgated an ambient

air quality standard for lead (43 FR

46246). Both the primary and secondary

standards were set at a level of 1.5

micrograms lead per cubic meter of air

(tg lead/m) maximum arithmetic mean

as averaged over a calendar quarter.

Section 172(a)(1) of the Act requires

each State to revise its SIP for areas

where violations of the standard have

been measured to provide for attainment

and maintenance of the 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

ambient lead 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 (46 FR 44159) and

codified at 40 CFR Part 58, § 58.14.

On December 27, 1979 the State of

Michigan submitted to EPA a revision to

the SIP for lead. The plan developed by

the State includes an analysis of point

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 and total suspended

particulate (TSP) strategies are adequate

to attain and maintain the lead NAAQS.

Therefore, Michigan's lead SIP does not

contain new or revised regulations. On

February 9. 1981 the State of Michigan

15792

HeinOnline -- 47 Fed. Reg. 15792 1982