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Citation: 47 Fed. Reg. 19326 1982

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-- The search text of this PDF is generated from uncorrected OCR text.19326 Federal Register / Vol. 47, No. 87 / Wednesday, May 5, 1982 / Rules and Regulations

disestablish ROTC units proposed by the Military Department Secretaries 

### (§92.5(c)).

(b) TheSecretariesoftheMilitary Departmentsshall: (1)Establish and operate ROTC units upon requests from accredited educational institutions meeting the requirements outlined in §92.5(b). (2)Advise the ASD(MRA&L) and other Military Services on the location ofproposed ROTC units before releasing such information §92.5(b)(4).

(3)Initiate disestablishment procedures ofROTC units in accordance with § 92.5(c).

(4) Enter into a written contract as a condition ofproviding an ROTC scholarship to persons who agree to conditions stipulated in paragraphs §92.5(c)(3) and (11), and areotherwise qualified.

(5)Determine the period ofactive duty to be served by an ROTC scholarship recipient 

### (§92.5(c)(3)(ii)).

(6)Authorize additional practical field training under when determined that such training serves the best interest of theMilitary Service, and authorize resultant expenditures 

### (§92.5(g)). §92.7 Procedures regardingoaths and securityrequirements, medical examination,deferment, commissioning and assignment of graduates.

(a)Oathsandsecurityrequirements.- (1)BasicCourseEnrollment.(i) With the exception offoreign students enrolled under 10 U.S.C. 2103(b) each applicant for formal enrollment in the basic course, Senior ROTC, shall execute the following oath oraffirmation:

Ido solemnlyswear (oraffirm) that Iwill support and defend the Constitution ofthe United States against all enemies,foreign or domestic; that Iwill bear true faith and allegiance to the same; and that Itake this obligation freely, without anymental reservation orpurpose of evasion.

(ii) Students who arerequired or permitted by educational institutions to undergo military training and who are not accepted forformal enrollment may receive basic course instruction with the approval of the Military Department concerned.

(2)Financial AssistancePrograms and Advanced CourseEnrollment.Each applicant for appointment orenrollment in any ofthe financial assistance programs ofthe Military Services and each applicant forappointment or enrollment in the advanced course, Senior ROTC, must satisfy the loyalty and security requirements for enlistment in the Reserve Components ofthe appropriate Military Service.

(b)Medicalexamination.(1)To reduce to an absolute minimum the loss, at graduation, ofpersons found medically disqualified forappointment

as commissioned officers, thorough and complete medical examinations shall be conducted before enrollment In the scholarship program orat the time of or immediately before enrollment in the advanced courses ofArmy, Navy, and AirForce ROTC programs.

(2)Such examinations shall, in all respects, be equal to the examination conducted to determine medical qualifications for appointment as a commissioned officer.

(3)Medically disqualified persons may participate in a nonenrolled status with the approval of the Military Department concerned.

(c) Cross-enrollment. In order to increase the number ofquality students in theirhost institution's ROTC programs, ROTC units may enroll qualified students from nearby nonhost institutions. Cross-enrollment is permitted when a host and nonhost institution are directly linked by a crosstown orconsortium agreement. A crosstown agreement Is a written agreement among a host institution, a nonhost institution, and Army, Navy, orAir Force ROTC permitting students from thenonhost institution to enroll in the appropriate ROTC program. A consortium agreement is an agreement made bytwo ormore institutions for their mutual benefit to permit crossenrollment oftheir students. As a department ofthe host institution, the ROTC unit shares as abeneficiary of the consortium agreement.

(d) Commissioning of

graduates. Upon the successful completion ofthe required course ofinstruction, a graduate ofa program referred to herein shall, ifotherwise qualified, be appointed a regular or reserve officer in the appropriate Military Service.

(e)Assignmentof graduates. (1) Graduates shall be called to active duty

or active dutyfor training as soon as possible within a 12-month period following their appointment as commissioned officers.

(2) Graduates who have fulfilled their active military training and service obligation, or who have enlisted reserve status and have performed 6months of active duty for training under 10 U.S.C. 511 or 672(d) following their appointment as commissioned officers and in accordance with Military Service requirements, may either be ordered to active duty or active duty fortraining under conditions contained in agreements with theMilitary Departments, or be given appropriate Ready Reserve assignments, preferably in the Selected Reserve, when unit location and skill requirements are compatible with the residence ofthe assignee and with his orher military skill.

(3)A graduate may be delayed from being ordered to active duty or active duty for training under regulations issued bythe Secretary ofthe Military Department concerned ifhe or she (i)is the recipient of a fellowship or scholarship; (ii) has been accepted by a recognized institution ofhigher education for graduate studies; (iii) would suffer undue personal hardship;

or (iv)is otherwise precluded from reporting as ordered for cogent and acceptable reasons. Ifdelayed, the graduate shall remain subject to the assignment criteria prescribed in §92.7(e) (1)and (2), above, and shall be assignedto active duty oractive duty for training, as appropriate, at such time

as the cause ofhis or her delay ceases to exist. M. S.Healy, OSD Federal RegisterLiaisonOfficer, Department of

Defense. April 30,1982. [FR Doc. 82-12228 Filed 5-4-8M 8:45 am] BILLING CODE 3810-01-M

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [A-9-FRL-1913-4] Approval and Promulgation of Implementation Plans; Maricopa County Urban Planning Area Nonattalnment Area Plan; State of Arizona
AGENCY: Environmental Protection Agency. ACTION: Notice of final rulemaking.
SUMMARY: The Environmental Protection Agency is conditionally approving changes to the Arizona State Implementation Plan for the Maricopa County Planning Area. These changes

were submitted to EPA forapproval by the Director ofthe Arizona Department ofHealth Services under the provisions ofPart D ofthe Clean AirAct. These revisions consist of control strategies and regulations for carbon monoxide (CO), ozone, (0.), and total suspended particulate (TSP). This revision provides emissionlimits necessary to insure attainment ofthe National Ambient Air Quality Standards for Maricopa County Urban Planning Area. DATE: This action is effective May 5, 1982. ADDRESS: A copy ofthe NAP mentioned above is located at: The Office oftheFederal Register / Vol. 47, No. 87 / Wednesday, May 5, 1982 / Rules and Regulations

Federal Register, 1100 "L" Street, NW., Room 8401, Washington. D.C. 20408.
FOR FURTHER INFORMATION CONTACT. 'David Howecamp, Acting Director, Air and Hazardous Materials Division, Environmental Protection Agency, Region 9, 215 Fremont Street, San Franciso, CA 94105. Attn Douglas Grano (415) 974-8224. SUPPLEMENTARY INFORMATION: Background

On January 4, January 18, February 23, July 3, and November 8, 1979, the Director of the Arizona Department of Health Services, the Governor's official designee, submitted revisions to the Arizona State Implementation Plan (SIP) consisting ofcontrol strategies and regulations forthe Maricopa County Urban Planning Area. These revisions, which comprise the NAP, are intended
to provide for the attainment of the National Ambient Air Quality Standards (NAAQS) for CO, O, and TSP.

OnJune 11 and October 30, 1979, EPA published notices ofproposed rulemaking for the CO and Os portions of the NAP. On January 10 and May 28, 1980, EPA published notices ofproposed rulemaking for the Arizona State Rules and Regulations and the TSP portion of the NAP, respectively. Those notices provided a description ofthe NAP and regulations, summarized the applicable Clean Air Act requirements Into 14 criteria, compared the NAP to those criteria, and proposed to approve, conditionally approve, and disapprove portions ofthe NAP. In addition, onJuly 23, 1980, EPA published a notice of proposed rulemaking, addressing among other things, the Arizona State New Source Review (NSR) rules submitted on April 1, 1980.

On October 22. 1980, EPA published a notice ofproposed rulemaking for the NAP since revisions were submitted on June 23 and July 17, 1980. The October 22, 1980 notice supersedes theJune 11 and October 30, 1979 notices and supplements the January 10, May 28, and July 23, 1980 notices. Therefore, the January 10, May 28, July 23, and October 22,1980 notices should be used as a reference in reviewing today's action. Supplemental Revisions

OnApril 1, 1980, the State submitted

as SIPrevisions amendments to its Rules and Regulations forAir Pollution Control. On July 23, 1980, EPA proposed action on those rules related to New Source Review (NSR). However, in that proposal EPA inadvertently did not propose action on Rule R9-3-101 .A.No. 111, the definition of "significance levels." This definition is important to the administration ofmany provisions in Arizona's NSR rules, and its inclusion in today's final rulemaking is necessary to preserve the meaning and intent of these provisions. Since thepublic has had adequate opportunity to comment on Arizona's NSR rules which use the term, EPA finds that forgood cause additional notice and comment on this definition is unnecessary.

On July 17, 1980, the State submitted

an SIP revision which included the renumbering of several definitions. EPA also finds that forgood cause additional notice and comment on the following renumbered definitions is unnecessary since they are not substantive changes:

R9-3-101-Definitions; A., Nos. 73, 74, 75, 83, 8,87, 88, 90, 91, 94, 98, 99, 100, 113, 119, 120, and 124.

It should be noted that the State submitted an SIP revision requesting an extension to the CO attainment date for the Maricopa County Urban Planning Area on October 30, 1980. That revision is not addressed In today's final rulemaking notice, however, EPA proposed approval ofthe extension request in a recently published Federal Registernotice.
Public Comments

During thepublic commentperiod. EPA received comments from the Maricopa County Health Department, Maricopa Association of Governments, Arizona Public Service Company, and Arizona Department ofHealth Services (ADHS). Comments received are specifically identified and responded to inEPA'sPublic Comment Technical Support Document (contained in Document File NAP-AZ-Iat theEPA Library in Washington, D.C. and the Region 9 Office).
EPAActions
Introduction

The criteria used in EPA's review are detailed in the General Preamble and four supplements referenced in the notice ofproposed rulemaking.

While EPA's evaluation ofthe NAP forozone includes use of "Control Technique Guidelines" ("CTG's") documents as a "presumptive norm," the states may adjust therecommended controls ordevelop requirements which

are notbased on the CTG's, provided 'that they submit information supporting their decisions.

It should be noted that action may be taken on a portion ofthe NAP for a specific pollutant. Therefore, a portion ofthe NAP may be adequate for one pollutant butinadequate for others. ItIs EPA's policy to take .finalaction on all portions ofthe NAP for each pollutant. As a result, thisnotice contains a series ofactions for each pollutant and for each portion of theNAP rather than a single action. One oftho following three actions may be taken for each portion of the NAP:

1. Disapproval where deficiencies are ofsuch magnitude as to significantly interfere with thebasic objective of the NAP, or

2. Approval where the portion of the NAP under consideration meets all requirements; or

3.Approval with conditions where deficiencies exist, butwhere the effect ofthe deficiency is notjudged to be major and the State has agreed to take those steps necessary to correct the deficiency. In this case, it is EPA's understanding that the State will proceed expeditiously to correct the noted deficiency by certain dates.

For further information, see the supplements to EPA's General Preamble.

EPA'sfinal actions on theMaricopa County UrbanPlanning Area NAP are described below and arebased on the proposed rulemaking notices, the supplemental revisions submitted by the State and the public comments received by EPA. ApprovedPortions oftheNAP
EPAis taking final action under Section 172 ofthe CleanAir Act to approve Rules 33 and 34 since they provide emission limits necessary to Insure attainment ofthe NAAQS.

As proposed in the May 28 and October 22, 1980 notices, EPA is taking final action underPart D ofthe Clean AirAct to approve thefollowing portions of theMaricopa County Urban Planning Area NAP, emission inventory, modeling, emission reduction estimates, attainment provision (exceptTSP), reasonable further progress, legally adopted measures, emission growth, annual reporting, resources, public and government involvement, and public hearing. Although EPA is approving the NAP for CO, it should be noted that the CO control strategy is not adequate to attain the standard by 1982. An extension request indicating attainment by 1987 has been submitted and proposed forapproval'in a separate Federal Register notice. Conditionally ApprovedPortions ofthe NAP

As proposed in theMay 28 and October 22, 1980 notices, the following portions of theMaricopa County Urban Planning Area NAP contain minor deficiencies and the State has provided

assurances to correct these deficiencies: Attainment provision (TSPonly) and 1932719328 Federal Register / Vol. 47, No. 87 / Wednesday, May 5, 1982 / Rules and Regulations

permit program. Therefore, EPA is taking final action to conditionally.
approve these portions ofthe NAP.

The material required to satisfy conditions ofapproval must be submitted as an SIP revision as specified below:

New SourceReview By August 3, 1982, the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR (45 FR 31307, May 13, 1980 and 45FR 52676, August 7, 1980).

TotalSuspendedParticulate

By August 3, 1982, the State must submit a schedule for the development, adoption, and implementation ofthose

measures necessary for attainment of the particulate standards.

Final Action on theNAP
As described in the May 28 and October 22, 1980 notices, only minor deficiencies remain in the Maricopa County NAP. Therefore, EPAis taking final action today to conditionally approve the overall NAP with respect to Part D. As a result, the current prohibition on construction ofcertain

sources in the Maricopa County Urban Planning-Area is no longer in effect.

In those areas for which the State has submitted approvable or conditionally approvable NAPs in accordance with the requirements ofPart D ofthe Clean Air Act,EPA has a responsibility to take final action as soon as possible in order
to lift the construction prohibition. Since the State has submitted approvable or conditionally approvable NAPs for the

area discussed in this notice, EPA finds that good cause exists for making this action immediately effective.

The new SIPrequirements approved

or conditionally approved by today's notice are an addition to the existing SIP and do not supersede or replace the "old" SIP requirements until a source

comes into compliance with the new requirements. For further information,

see EPA's General Preamble.

As a result ofapproval of certain portions ofthe NAP, EPA is taking final action to rescind the following analogous portions of40 CFRPart 52:

§52.129 Review of new sourcesand modifications[paragraph (f) only].

§52.137 Employercarpoolincentive
program. § 52.138 Bus/carpool matching
program. Regulatory Process

Under Executive Order 12291, EPA
mustjudge whether a regulation is "major" and therefore subject to the requirement ofa Regulatory Impact Analysis.This regulation is not major because it approves state actions. This regulation was submitted to the Office ofManagement and Budget for review

as requied byExecutive Order 12291.

Under the Clean Air Act, any petitions forjudicial review of this action mustbe filed in the United States Court of Appeals for the appropriate circuit by (60 days from today). This actionmay not be challenged laterin proceedings to enforce its requirements.
List of Subjects in40 CFR Part52

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

Pursuant to section 605(b) of the Regulatory Flexibility Act, Icertify that this action will not have a significant economic impact on a substantial number ofsmall entities. This action merely approves state actions. This action imposes no new requirements.

Incorporation by reference ofthe State Implementation Plan for the State of Arizona was approved by the Director of theFederal Register bn July 1, 1981. (Sec. 110, 129, 171 to 178, and 301(a) of the Clean Air Act,as amended (42U.S.C. 7410, 7429, 7501 to 7508, and 7601a)]])

Dated: April 26,1982. Anne M. Gorsuch, Administrator.

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Subpart D ofPart 52 ofChapter I,Title 40 ofthe Code ofFederal Regulations is amended as follows: Subpart D-Arizona

1.Section 52.120 is amended by adding paragraphs (c)(27), (28), (29), and (32) to (45) as follows:
§52.120 Identificationof plan.

(c) * *

(27) The following amendments to the plan were submitted on January 4,1979 by the Governor's designee.

(i)Arizona State Rules and Regulations for Air Pollution Control.

(A) R-9-3-101, A., Nos. 2. 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 95, 100 and 117;R9- 3-301, paragraphs D, 

### J,and N; R9-3--306. paragraphs D and J; and R9-3-307, paragraphs C and E.

(28) The following amendments to the plan were submitted on January 18, 1979 by the Governor's designee. (i)Maricopa County Bureau ofAir Pollution Control Rules and Regulations.

(A) Rule 33, Storage and Handling of Petroleum Products.

(29) [Reserved]

(32) The following amendments to the plan were submitted on February 23, 1979 by the Governor's designee.

(i) Nonatainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area.

(33)-(35) [Reserved] (36) The following amendments to the plan were submitted on July 3,1979 by the Governor's designee.

(i) Revision to the Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area. (37)-{38) [Reserved] (39) The following amendments to the plan were submitted on November 8, 1979 by the Governor's designee.

(i) Nonattainment Area Plan forTotal Suspended Particulates, Maricopa County Urban Planning Area.

(40)-(42) [Reserved] (43) The following amendments to the plan were submitted on April 1, 1980 by the Governor's designee.

(i) Arizona State Rules and Regulations forAir Pollution Control. (A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs B-i, B-2, C, E,F, H, I,1,K, M, N, 0, P, and Q;R9-3-302, (except paragraphs D, E, and I; R9-3-303; R9-3- 306,paragraphs B-2, C-i, C-3, and C-5
to C-7, E, F, G-1, C-3, G-4, H, and I; and R9-3-307, paragraphs A, B, D, and F.

(44) The following amendments to the plan were submitted on June 23, 1980 by the Governor's designee.

(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.

(A) Rule 34, Organic Solvents. (45) The following amendments to the plan were submitted on July 17,1980 by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B3, G, 1,J,K, L, M, N, 0, P, Q, and R; R9- .3-306, paragraphs A, B-i, B-3, B-4, C-2, C-4, and G-2; and R9-3-320, paragraphs B and C.

2. Section 52.122 is revised to read as follows:
§52.122 Extensions.

(a) The Administrator hereby extends for 2 years the attainment date for the national primary standards for sulfurFederal Register / Vol. 47, No. 87 / Wednesday, May 5, 1982 / Rules and Regulations

oxides in the Maricopa, Pima, Central Arizona, and Southeast Arizona Intrastate Regions.

(b) The Administrator hereby extends for 18 months the statutory timetable for submittalof the planfor attainment and maintenance ofthe secondary standards for sulfur oxides in the Maricopa, Pima, Central Arizona, and Southeast Arizona Intrastate Regions.

(c) TheAdministrator hereby extends
toJuly 31, 1977, the attainment date for thenational primary standards for sulfur oxides in the Northern Arizona Intrastate Region.

(d)The Administrator hereby extends to December 31, 1982 certain attainment dates for the national standards for carbon monoxide (CO), ozone (O), and total suspended particulates (TSP), in the following areas:

(1) Maricopa County Urban Planning Area forOR. and TSP.

3. Section 52.123 is amended by adding paragraphs (c) and (d)reading as follows: §52.123 Approval status.

S * * * *

(c)With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D,Title Iof the Clean Air Act, as amended in 1977, for thenonattainment areas listed in this paragraph. (1)Maricopa County Urban Planning Area for CO and TSP.

(d) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title Iof the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction ofthe requirements of Part D for the ozone fortion of the State Implementation Plan (SIP) depends on the adoption and submittal by January 1, 1981, ofreasonably available control technology (RACT) requirements for

sources covered by Control Technique Guidelines (CTG's) published between January 1978 and January 1979.

(1)Maricopa County Urban Planning Area for 

### O3.

4. Subpart D ofPart52 is amended by -adding § 52.124, reading as follows:

§52.124 Part Dconditional approval.

(a) The following portions ofthe Arizona SIP contain deficiencies with respect to Part D ofthe Clean Air Act which must be corrected by meeting the Indicated conditions ofPart Dplan approval.

(1) The Maricopa County Urban Planning Area portion oftheArizona SIPis approved as satisfying Part D requirements provided the following conditions are met: (i)For carbon monoxide, ozone, and total suspended particulate:

(A) By August 3, 1982, the NSR rules mustbe revised to meet the requirements in EPA's amended regulations forNSR (45FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980).

(i) For total suspended particulate: (A) By August 3, 1982, the State must submit a schedule for the development, adoption, and implementation ofthose

measures necessary for attainment of the particulate standards.

5. In §52.131, the entries for Arizona

are revised as follows: §52.131 Attainment dates for national standards.

Air quality control region end TSP so* NO, CO 06 nonattainmentarea Primary "Secondary Primary Secondary

Central Arizona Intrastate

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

............ s..................... b

.... b.......... c
. (4)

. (5). Maflopa Intrastate: Maricopa County Urban Planning d

............... d

.. .............. b....

.. ............. C

.............. (4)..... d. Area Nonattainment Area. Remainder of Interstate

....................... t

............. ..................... b

............... b

....................... c

. (4)

. .... (). Mohave-Yuma Intrastate

...................... a

.. a.........

. .. a

................. a. NorthernArizona Intrstate

........................ a............... a.................... (-)

............. (a)

................... C c

. c. Pima Intrastate..

. ..................................... a'

............. 02

..................... b

............... b

....................... ............... (4)

. (5). Southeast Arizona Intrastate: Santa Cruz County

............................... e t

............. OR

..................... b

.............. b

....................... c

............... (4)

............. (). Remainder of Intrastate

....................... a

... a

...... b

............. b

......... c

. c

. c.

'July 1975. sJuly 1977. 'July 31, 1977. 4May 31. 1977. 'May 31, 1975. No .-- Datea or footnotes which are italicized are prescribed by the Administrator because the plan does not provide a specific date or the date provided is not acceptable.

NoTE.-Sources subject to plan r uirements and attainment dates established under section 1 0(a)(2)(A) prior to the 1977 Clean Air Act amendments remain obligated to comply with those requirements by the earlier deadlines.The earlier attainment dates are set out at 40 CFR 52.131 (1980).

a a a * a

(d)December 31, 1982.

a a * * a

6. Section 52.136 is revised to read as follows: §52.136 Control strategy: Carbon monoxide.

Therequirements of §51.14 ofthis chapter are notmet because the plan does not contain sufficient measures to provide for attainment and maintenance ofthe national standards for carbon monoxide in the Pima Intrastate Region

as expeditiously as practicable.

7. Section 52.137 is amended by removing and reserving (a)(1) and by revising paragraph (b)to read as follows: §52.137 Employer carpool Incentive program.

(a) * * * (1) [Reserved]

a a a * *

(b)This section is applicable within the Greater Tucson area in the Pima Intrastate Air Quality Control Region.

8. Section 52.138 is amended by removing and reserving paragraphs (a)(1), (c)(1)(i), (c)(2)(i), and (c)(3)(i) and by revising paragraphs (b) and (d)(2), to read as follows: §52.138 Bus/carpool matching program.

(a) * * A (1) [Reserved] (2) * * *
(b)This section is applicable within the Greater Tucson Area in thePima Intrastate Air Quality Control Region.

(c) * * * 

### (1) * * * (i)[Reserved] (ii) * * * (2)* * * (i)[Reserved] (ii) * * (3) * * * (i) [Reserved] (ii) * * * 

### (d) * * *

* * * * *

(2)A manual orcomputer method of matching information that will have provisions forlocating each applicant's origin and destination within a grid system in the urban area and the semirural region surrounding the Greater Tucson Area and matching applicants with identical origin and destination grids and compatible work schedules.

• * *

. * * §52.139 [Removed and Reserved].

9. Section 52.139 is removed and reserved.

[FR Doc.82-1203 Filed $-4-82: 8:45 am)
BILLING CODE 6560-50-M 19329