97-16650. Correction of Implementation Plans; American Samoa, Arizona, California, Hawaii, and Nevada State Implementation Plans  

  • [Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
    [Rules and Regulations]
    [Pages 34641-34648]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-16650]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR PART 52
    
    [AS-AZ-CA-HW-NV-000-0002; FRL-5847-8]
    
    
    Correction of Implementation Plans; American Samoa, Arizona, 
    California, Hawaii, and Nevada State Implementation Plans
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is finalizing the promulgation of corrections to the 
    American Samoa State Implementation Plan (SIP), the Arizona SIP, the 
    California SIP, the Hawaii SIP, and the Nevada SIP. The proposed rule 
    was published in the Federal Register on July 25, 1996. These 
    corrections concern the deletion from the SIPs of a variety of 
    administrative provisions concerning variances, hearing board 
    procedures, and fees. The intended effect of promulgating these 
    corrections to the SIPs is to delete the above referenced rules and 
    make the SIPs consistent with the requirements of the Clean Air Act, as 
    amended in 1990 (CAA or ``the Act''), regarding EPA action on SIP 
    submittals and SIPs for national primary and secondary ambient air 
    quality standards.
    
    EFFECTIVE DATE: This rule is effective on July 28, 1997.
    
    ADDRESSES: Copies of the rules being deleted are available for public 
    inspection at EPA's Region IX office during normal business hours. 
    Copies of the rules are also available for inspection at the locations 
    listed in SUPPLEMENTARY INFORMATION under ``Public inspection''.
    
    FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-
    4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
    Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Public Inspection
    
    Arizona Department of Environmental Quality, P.O. Box 600, Phoenix, CA 
    85001-0600,
    Coconino County Air Pollution Control District, 1515 East Cedar Avenue, 
    Flagstaff, AZ 86004
    Maricopa County, Environmental Services Department, 2406 S. 24th 
    Street, Suite E-214, Phoenix, AZ 85034
    Pima County Department of Environmental Quality, 130 West Congress 
    Street, 3rd Floor, Tucson, AZ 85701-1317
    Pinal County Air Quality Control District, P.O. Box 987, Florence, AZ 
    85232
    California Air Resources Board Stationary Source Division, Rule 
    Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
    Amador County Air Pollution Control District, 500 Argonaut Lane, 
    Jackson, CA 95642
    Bay Area Air Quality Management District, 939 Ellis Street, San 
    Francisco, CA 94109
    Butte County Air Quality Management District, 2525 Dominic Drive, 
    Chico, CA 95928
    Calaveras County Air Pollution Control District, 891 Mountain Ranch 
    Road, San Andreas, CA 95249-9709
    Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite 
    F, Colusa, CA 95932
    Glenn County Air Pollution Control District, P.O. Box 351, Willows, CA 
    95988
    Great Basin Unified Air Pollution Control District, 157 Short Street, 
    Suite 6, Bishop, CA 93514
    Imperial County Air Pollution Control District, 150 South Ninth Street, 
    El Centro, CA 92243-2801
    Kern County (Southeast Desert) Air Pollution Control District, 2700 M. 
    Street, Suite 290, Bakersfield, CA 93301
    Lake County Air Quality Management District, 883 Lakeport Blvd., 
    Lakeport, CA 95453
    Lassen County Air Pollution Control District, 175 Russell Avenue, 
    Susanville, CA 96130
    Mariposa County Air Pollution Control District, P.O. Box 2039, 
    Mariposa, CA 95338
    Mendocino County Air Quality Management District, 306 E. Gobbi Street, 
    Ukiah, CA 95482
    Modoc County Air Pollution Control District, 202 W. Fourth Street, 
    Alturas, CA 96101
    Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite 
    200, Victorville, CA 92392
    Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
    Ct., Monterey, CA 93940
    Northern Sierra Air Quality Management District, P.O. Box 2509 Grass 
    Valley, CA 95945
    North Coast Unified Air Quality Management District, 2389 Myrtle 
    Avenue, Eureka, CA 95501
    Northern Sonoma County Air Pollution Control District, 109 North 
    Street, Healdsburg, CA 95448
    Placer County Air Pollution Control District, 11464 B Avenue, Auburn, 
    CA 95603
    Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
    Road, Sacramento, CA 95826
    San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
    San Diego, CA 92123-1096
    San Joaquin Valley Unified Air Pollution Control District (Formerly: 
    Fresno County APCD, Kern County APCD, Kings County APCD, Madera County 
    APCD, Merced County APCD, San Joaquin County APCD, Stanislaus County 
    APCD, and Tulare County APCD), 1999 Tuolumne Street, Suite 200, Fresno, 
    CA 93721
    
    [[Page 34642]]
    
    San Luis Obispo Air Pollution Control District, 2156 Sierra Way, Suite 
    B, San Luis Obispo, CA 93401
    Santa Barbara County Air Pollution Control District, 26 Castilian 
    Drive, B-23, Goleta, CA 93117
    Shasta County Air Quality Management District, 1640 West Street, 
    Redding, CA 96001
    South Coast Air Quality Management District, 21865 E. Copley Drive, 
    Diamond Bar, CA 91765
    Sutter County Air Pollution Control District (Now Feather River Air 
    Quality Management District), 938 14th Street, Marysville, CA 95901
    Tehama County Air Pollution Control District, 1750 Walnut Street, Red 
    Bluff, CA 96080
    Tuolumne County Air Pollution Control District, 2 South Green Street, 
    Sonora, CA 95370
    Ventura County Air Pollution Control District, 669 County Square Drive, 
    Ventura, CA 93003
    Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 
    103, Davis, CA 95616
    Hawaii Department of Health, Environmental Management Division, P.O. 
    Box 3378, Honolulu, HI 96801
    American Samoa Environmental Quality Commission, Governor's Office, 
    Pago Pago, American Samoa 96799
    Nevada Division of Environmental, Protection, 333 West Nye Lane, Carson 
    City, NV 89710
    Clark County Air Pollution Control Division, P.O. Box 4426, Las Vegas, 
    NV 89127
    
    II. Applicability
    
        The rules being deleted from the American Samoa, Arizona, 
    California, Hawaii, and Nevada SIPs include administrative provisions 
    concerning variances, hearing board procedures, and fees. These rules 
    were submitted by the respective state agencies to EPA prior to the 
    Clean Air Act amendments of 1990. The rules and statutes being deleted 
    from each SIP were listed in the proposed rule published in the Federal 
    Register on July 25, 1996 (61 FR 38664).
    
    III. Background
    
        On July 25, 1996 in 61 FR 38664, EPA proposed to delete various 
    rules from the American Samoa, Arizona, California, Hawaii, and Nevada 
    SIPs. EPA has determined that the rules to be deleted from the above-
    referenced SIPs were erroneously incorporated into the SIPs by EPA. In 
    addition, the variance provisions were rendered without legal effect by 
    amendments to the Clean Air Act enacted by Congress in 1977. In 
    addition, the presence of these provisions in the SIPs is potentially 
    confusing, and thus, harmful to the regulated community, the states and 
    EPA.
    
    IV. Response to Public Comments
    
        A 30-day public comment period was provided in 61 FR 38664. EPA 
    received three comments, one from the Arizona Department of 
    Environmental Quality (ADEQ), the second from the Pinal County Air 
    Quality Control District (PCAQCD) in Arizona, and the third from the 
    Mojave Desert Air Quality Management District (MDAQMD) in California.
        Comment: The ADEQ commented that they agreed that improvements must 
    be made to Arizona's SIP, but they opposed the proposed action because 
    EPA failed to coordinate with the State or the local air pollution 
    control agencies in Arizona. The ADEQ also objected to the piecemeal 
    repeal of portions of the SIP.
        Response: EPA has evaluated the comment and agrees that it was an 
    oversight not to communicate this action to each State and local agency 
    prior to its being published in the Federal Register. While EPA has no 
    legal obligation to do so, such communication is appropriate to 
    maintain good working relationships between the State and Federal 
    agencies. EPA has since contacted the ADEQ and apologized for not 
    communicating its intention to update the SIP and explained that EPA is 
    in the process of evaluating other types of updates as well. As a 
    result, EPA is proceeding with the deletion of these provisions from 
    the Arizona SIP.
        Comment: The PCAQCD commented that they endorse EPA's proposed 
    repeal of parts of the Arizona SIP. In a previous letter to EPA, the 
    PCAQCD expressly asked that the subject provisions be deleted as SIP 
    elements.
        Response: EPA agrees with this comment and is proceeding with the 
    deletion of these provisions from the Arizona SIP.
        Comment: The MDAQMD commented that they support EPA's action to 
    delete rules relating to variances from the SIP. They noted some errors 
    in the titles and numbers of the rules proposed to be deleted. The 
    MDAQMD requested that additional rules be deleted that were originally 
    submitted for the South Coast Air Quality Management District (SCAQMD). 
    At one time the SCAQMD included the Palo Verde/Blythe area of Riverside 
    County. Since the approval of these rules into the SIP, the Palo Verde 
    Valley/Blythe area has been added to the jurisdiction of the MDAQMD.
        Response: While this comment was received after the close of the 
    comment period, EPA believes it includes important information that 
    should be considered in this rulemaking. EPA agrees with the MDAQMD 
    comment that certain rules listed in the proposal were numbered 
    incorrectly and will delete the rules as correctly numbered by the 
    MDAQMD. The SCAQMD rules that pertain to the Palo Verde/Blythe area of 
    Riverside County cannot be deleted in this final action because they 
    were not proposed for deletion in the proposed rule published on July 
    25, 1996. EPA will evaluate these rules and determine if they can be 
    deleted in a future action.
    
    V. EPA Action
    
        EPA has reviewed the rules previously incorporated into the 
    American Samoa, Arizona, California, Hawaii, and Nevada SIPs and has 
    determined that the rules were approved in error. These rules include 
    administrative provisions regarding variances, hearing board 
    procedures, and fee provisions. These rules were listed in Table 1 in 
    the proposed rule. Therefore, EPA is deleting the rules from these SIPs 
    under section 110(k)(6) of the Act, which gives EPA the authority to 
    revise existing SIPs by removing rules without additional State 
    submission to correct an error.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any state implementation plan. Each request for revision to 
    the state implementation plan shall be considered separately in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
    
    VI. Administrative Requirements
    
    A. Executive Order 12866
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
    Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from E.O. 12866 review.
    
    B. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
    Alternatively, EPA may certify
    
    [[Page 34643]]
    
    that the rule will not have a significant impact on a substantial 
    number of small entities. Small entities include small businesses, 
    small not-for-profit enterprises, and government entities with 
    jurisdiction over populations of less than 50,000.
        SIP approvals under section 110 and subchapter I, part D of the 
    Clean Air Act do not create any new requirements but simply approve 
    requirements that the State is already imposing. Therefore, because the 
    Federal SIP approval does not impose any new requirements, the 
    Administrator certifies that it does not have a significant impact on 
    any small entities affected. Moreover, due to the nature of the 
    Federal-State relationship under the CAA, preparation of a flexibility 
    analysis would constitute Federal inquiry into the economic 
    reasonableness of state action. The Clean Air Act forbids EPA to base 
    its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
    EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    
    C. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    private sector, of $100 million or more. Under section 205, EPA must 
    select the most cost-effective and least burdensome alternative that 
    achieves the objectives of the rule and is consistent with statutory 
    requirements. Section 203 requires EPA to establish a plan for 
    informing and advising any small governments that may be significantly 
    or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either State, local, or tribal governments in the 
    aggregate, or to the private sector. This Federal action approves pre-
    existing requirements under State or local law, and imposes no new 
    Federal requirements. Accordingly, no additional costs to State, local, 
    or tribal governments, or to the private sector, result from this 
    action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act 
    (APA) as amended by the Small Business Regulatory Enforcement Fairness 
    Act of 1996, EPA submitted a report containing this rule and other 
    required information to the U.S. Senate, the U.S. House of 
    Representatives and the Comptroller General of the General Accounting 
    Office prior to publication of the rule in today's Federal Register. 
    This rule is not a ``major'' as defined by 804(2) of the APA as 
    amended.
    
    E. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by August 26, 1997. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review may be filed, and shall not postpone the effectiveness of such 
    rule or action. This action may not be challenged later in proceedings 
    to enforce its requirements. (See section 307(b)(2).)
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
    Particulate matter, Reporting and recordkeeping requirements, Volatile 
    organic compounds.
    
        Note: 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, 1982.
    
        Dated: June 15, 1997.
    Felicia Marcus,
    Regional Administrator.
    
        Part 52, chapter I, title 40 of the Code of Federal Regulations is 
    amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
    Subpart D--Arizona
    
        2. Section 52.120 is amended by adding paragraphs (c)(3)(i), 
    (c)(18)(i)(A), (c)(18)(iv)(A), (c)(38)(i)(C), (c)(50)(ii)(C), 
    (c)(51)(i)(B), and (c)(52)(ii)(B) to read as follows:
    
    
    Sec. 52.120  Identification of plan.
    
    * * * * *
        (c) * * *
        (3) * * *
        (i) Maricopa County Bureau of Air Pollution Control.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 60 to 67.
    * * * * *
        (18) * * *
        (i) * * *
        (A) Previously approved on November 15, 1978 and now deleted 
    without replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.
    * * * * *
        (iv) * * *
        (A) Previously approved on November 15, 1978 and now deleted 
    without replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1 5.6.
    * * * * *
        (38) * * *
        (i) * * *
        (C) Previously approved on April 16, 1982 and now deleted without 
    replacement Rules 141, 143 to 147, 702, and 711 to 714.
    * * * * *
        (50) * * *
        (ii) * * *
        (C) Previously approved on June 18, 1982 and now deleted without 
    replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 
    36-785, 36-785.01, and 36-786 to 36-788.
    * * * * *
        (51) * * *
        (i) * * *
        (B) Previously approved on April 16, 1982 and now deleted without 
    replacement Rule 142.
    * * * * *
        (52) * * *
        (ii) * * *
        (B) Previously approved on June 18, 1982 and now deleted without 
    replacement Statutes 36-1709 to 36-1712, 36-1712.01 to 36-1712.04, 36-
    1713, 36-1713.01, and 36-1714 to 36-1716.
    * * * * *
    
    Subpart F--California
    
        3. Section 52.220 is amended by adding paragraphs (b)(1) through 
    (b)(3), (c)(6)(i)(B), (c)(6) (ii) through (xiv), (c)(21)(vi)(B), 
    (c)(21)(ix)(C), (c)(21)(xiv)(B), (c)(24)(vi)(C), (c)(24)(vii)(D), 
    (c)(24)(ix)(C), (c)(25)(i)(E), (c)(25)(ii)(D), (c)(25)(iv)(B), 
    (c)(26)(iv)(C), (c)(26)(vii)(B), (c)(26)(viii)(C), (c)(26)(xvi)(D), 
    (c)(26)(xvii) (B) and (C), (c)(27)(vii)(B), (c)(28)(iv)(B), 
    (c)(30)(x)(B), (c)(31)(i)(F), (c)(31)(xiii)(B), (c)(31)(xviii)(D), 
    (c)(32)(ii)(B), (c)(32)(iii)(E), (c)(32)(iv)(D), (c)(32)(iv)(E), 
    (c)(35)(iii)(C), (c)(35)(v)(B), (c)(35)(vi)(C), (c)(35)(xii)(F), 
    (c)(35)(xiii)(C), (c)(35)(xiv)(E), (c)(35)(xv)(E), (c)(35)(xvi)(C), 
    (c)(35)(xvii)(D),
    
    [[Page 34644]]
    
    (c)(37)(iv)(D), (c)(37)(v)(C), (c)(39)(ii)(F), (c)(39)(iii)(F), 
    (c)(39)(iv)(F), (c)(39)(vii)(C), (c)(39)(viii)(C), (c)(39)(ix)(B), 
    (c)(39)(x)(B), (c)(41)(ii)(D), (c)(41)(ix)(C), (c)(41)(x) (B) and (C), 
    (c)(41)(xii)(B), (c)(42)(i)(E), (c)(42)(iii)(C), (c)(42)(xiii)(D), 
    (c)(42)(xiv)(C), (c)(44)(iv)(C), (c)(44)(v)(B), (c)(45)(iii)(B), 
    (c)(50)(i)(B), (c)(50)(ii)(B), (c)(50)(iii)(B), (c)(50)(iv)(B), 
    (c)(50)(v)(B), (c)(51)(i)(C), (c)(51)(iii)(B), (c)(51)(iv)(B), 
    (c)(51)(v)(B), (c)(51)(vi)(B), (c)(51)(vii)(D), (c)(51)(viii) (D) and 
    (E), (c)(51)(ix)(D), (c)(51)(xii)(C), (c)(51)(xiii)(B), (c)(51)(xv)(C), 
    (c)(51)(xvi)(B), (c)(51)(xx)(B), (c)(52)(iv) (D) and (E), 
    (c)(52)(ix)(C), (c)(52)(xi)(B), (c)(52)(xii)(B), (c)(52)(xv)(C), 
    (c)(52)(xix)(C), (c)(54)(iii)(B), (c)(54)(iv)(D), (c)(58)(ii)(C), 
    (c)(74)(i)(B), (c)(87)(vi)(B), (c)(88)(i)(D), (c)(89)(vi)(B), 
    (c)(92)(ii)(D), (c)(93)(iv)(C), (c)(95)(v)(C), (c)(96)(iii)(B), 
    (c)(98)(i)(D), (c)(101)(ii)(E), (c)(103)(ii)(D), (c)(103)(iv)(E), 
    (c)(103)(vi)(B), (c)(103)(vii)(B), (c)(103)(viii)(B), (c)(103)(ix)(B), 
    (c)(103)(x)(B), (c)(103)(xii)(C), (c)(103)(xiv)(B), (c)(103)(xvii)(B), 
    (c)(103)(xviii)(B), (c)(124)(iii)(B), (c)(124)(v)(C), (c)(124)(vi)(C), 
    (c)(124)(vii)(C), (c)(124)(viii)(C), (c)(124)(ix)(C), (c)(124)(x)(C), 
    (c)(125)(iv)(B), (c)(125)(vi)(B), (c)(126)(i)(C), (c)(126)(iii)(C), 
    (c)(126)(v)(C), (c)(127) introductory text, (c)(127)(iii)(B), 
    (c)(127)(vi)(B), (c)(127)(vii)(D), (c)(137)(ii)(D), (c)(137)(iv)(C), 
    (c)(137)(vii)(C), (c)(137)(viii)(B), (c)(138)(v)(D), (c)(140)(i)(C), 
    (c)(153)(ii)(C), (c)(154)(i)(C), (c)(154)(iii)(C), (c)(159)(iii)(B), 
    (c)(168)(i)(A)(3), (c)(168)(i)(E)(3), (c)(171)(i)(D)(5), and 
    (c)(177)(i)(D)(2) to read as follows:
    
    
    Sec. 52.220  Identification of plan.
    
    * * * * *
        (b) * * *
        (1) Mendocino County APCD.
        (i) Previously approved on May 31, 1972 and now deleted without 
    replacement Parts XI, XII, and Part XIII.
        (2) Placer County APCD.
        (i) Previously approved on May 31, 1972 and now deleted without 
    replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 
    (Lake Tahoe Air Basin).
        (3) Tehama County APCD.
        (i) Previously approved on May 31, 1972 and now deleted without 
    replacement Rule 5.1.
    * * * * *
        (c) * * *
        (6) * * *
        (i) * * *
        (B) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91.
        (ii) Calaveras County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rule 305.
        (iii) Colusa County APCD. (A)Previously approved on September 22, 
    1972 and now deleted without replacement Rules 3.1 and 5.1 to 5.17.
        (iv) Fresno County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and 
    517.
        (v) Glenn County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 111, 113 to 117, 119 to 125, and 150.
        (vi) Kern County APCD (including Southeast Desert).
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 502, 505 to 510, 512 to 515, and 517.
        (vii) Kings County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 502 to 509, 511 to 517.
        (viii) Lassen County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 1.5, 3.1 and 5.1 to 5.17.
        (ix) Madera County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 507 to 510 and 512 to 517.
        (x) Merced County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 502, 503, 506 to 510, and 512 to 517.
        (xi) Modoc County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 1.5 and 4.1 to 4.17.
        (xii) San Joaquin County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 502 and 506 to 509.
        (xiii) Stanislaus County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517.
        (xiv) Tulare County APCD.
        (A) Previously approved on September 22, 1972 and now deleted 
    without replacement Rules 303, 304, 501, 502, 506 to 514, and 516 to 
    518.
    * * * * *
        (21) * * *
        (vi) * * *
        (B) Previously approved on May 11, 1977 and now deleted without 
    replacement Rule 41.
    * * * * *
        (ix) * * *
        (C) Previously approved on August 22, 1977 and now deleted without 
    replacement Rule 510.
    * * * * *
        (xiv) * * *
        (B) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 
    5.17.
    * * * * *
        (24) * * *
        (vi) * * *
        (C) Previously approved on August 22, 1977 and now deleted without 
    replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23.
        (vii) * * *
        (D) Previously approved on August 22, 1977 and now deleted without 
    replacement Rule 516 (including Southeast Desert).
    * * * * *
        (ix) * * *
        (C) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 5.6 and 5.12.
    * * * * *
        (25) * * *
        (i) * * *
        (E) Previously approved on August 22, 1977 and now deleted without 
    replacement Rule 505.
        (ii) * * *
        (D) Previously approved on August 22, 1977 and now deleted without 
    replacement Rules 504, 505, 510, 512 to 518, and 520.
    * * * * *
        (iv) * * *
        (B) Previously approved on August 22, 1977 and now deleted without 
    replacement Rule 503 to 505, 515, and 519.
    * * * * *
        (26) * * *
        (iv) * * *
        (C) Previously approved on May 11, 1977 and now deleted without 
    replacement Rules 118 and 122.1 to 122.3.
    * * * * *
        (vii) * * *
        (B) Previously approved on August 22, 1977 and now deleted without 
    replacement Rules 503, 507, 513, and 515.
        (viii) * * *
        (C) Previously approved on August 22, 1977 and now deleted without 
    replacement Rules 601, 602, 604 to 609, 611 to 616, and 618.
    * * * * *
    
    [[Page 34645]]
    
        (xvi) * * *
        (D) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 705 to 709.
        (xvii) * * *
        (B) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air 
    Basin).
        (C) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air 
    Basin).
    * * * * *
        (27) * * *
        (vii) * * *
        (B) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 701 to 703, 705 to 709, and 712 to 716.
    * * * * *
        (28) * * *
        (iv) * * *
        (B) Previously approved on August 22, 1977 and now deleted without 
    replacement Rules 701, 704 to 709, 711 to 714, and 716.
    * * * * *
        (30) * * *
        (x) * * *
        (B) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 
    807 to 811, 813 to 815, and 817.
    * * * * *
        (31) * * *
        (i) * * *
        (F) Previously approved on June 6, 1977 and now deleted without 
    replacement Rules 600 to 615 and 800 to 817.
        (xiii) * * *
        (B) Previously approved on August 15, 1977 and now deleted without 
    replacement Rule 43.
    * * * * *
        (xviii) * * *
        (D) Previously approved on January 24, 1978 and now deleted without 
    replacement Rules 705 to 709 and 712 to 716.
    * * * * *
        (32) * * *
        (ii) * * *
        (B) Previously approved on August 22, 1977 and now deleted without 
    replacement Rules 501, 404, and 511.
        (iii) * * *
        (E) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 105, 501, and 504.
        (iv) * * *
        (D) Previously approved on June 14, 1978 and now deleted without 
    replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816.
        (E) Previously approved on June 14, 1978 and now deleted without 
    replacement.
        (1) Los Angeles County APCD Rule 505.
        (2) Riverside County APCD Rule 505.
        (3) San Bernardino County APCD Rule 505.
    * * * * *
        (35) * * *
        (iii) * * *
        (C) Previously approved on August 15, 1977 and now deleted without 
    replacement Rules 115 to 119, 112, and 128 to 129.
        (v) * * *
        (B) Previously approved on October 4, 1977 and now deleted without 
    replacement Rules 501.
        (vi) * * *
        (C) Previously approved on September 21, 1976 and now deleted 
    without replacement Rules 105 and 305.
    * * * * *
        (xii)* * *
        (F) Previously approved on August 4, 1978 and now deleted without 
    replacement Rules 801 to 817.
        (xiii) * * *
        (C) Previously approved on March 22, 1978 and now deleted without 
    replacement Rules 105, 501, 504, and 511 (including Southeast Desert).
        (xiv) * * *
        (E) Previously approved on August 2, 1978 and now deleted without 
    replacement Rules 340, 510, and 620 to 650.
        (xv) * * *
        (E) Previously approved on November 7, 1978 and now deleted without 
    replacement rules 510, 620, 640, and 650.
        (xvi) * * *
        (C) Previously approved on August 16, 1978 and now deleted without 
    replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650.
        (xvii) * * *
        (D) Previously approved on August 2, 1978 and now deleted without 
    replacement Rules 340, 510, and 620 to 650.
    * * * * *
        (37) * * *
        (iv) * * *
        (D) Previously approved on August 4, 1978 and now deleted without 
    replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to 
    1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V.
        (v) * * *
        (C) Previously approved on December 6, 1979 and now deleted without 
    replacement Rules 601 to 605, 700 to 704, and 705 to 716.
    * * * * *
        (39) * * *
        (ii) * * *
        (F) Previously approved on September 8, 1978 and now deleted 
    without replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817.
        (iii) * * *
        (F) Previously approved on September 8, 1978 and now deleted 
    without replacement Rules 502 to 516, 518, and 801 to 817.
        (iv) * * *
        (F) Previously approved on September 8, 1978 and now deleted 
    without replacement Rules 503 to 516, 518, and 801 to 817.
    * * * * *
        (vii) * * *
        (C) Previously approved on June 6, 1977 and now deleted without 
    replacement Rules 600, 603 and 610.
        (viii) * * *
        (C) Previously approved on September 14, 1978 and now deleted 
    without replacement Rules 601 to 602, 604 to 609, and 611.
        (ix) * * *
        (B) Previously approved on September 14, 1978 and now deleted 
    without replacement Rules 602 to 605, 700, and 710.
        (x) * * *
        (B) Previously approved on September 14, 1978 and now deleted 
    without replacement Rules 704, 710, and 711(A).
    * * * * *
        (41) * * *
        (ii) * * *
        (D) Previously approved on August 31, 1978 and now deleted without 
    replacement Rules 77, 85, and 96.
    * * * * *
        (ix) * * *
        (C) Previously approved on November 7, 1978 and now deleted without 
    replacement Rules 700, 702, 703, 710, 715.
        (x) * * *
        (B) Previously approved on November 15, 1978 and now deleted 
    without replacement Rules 703, 704, 708 to 710, and 715 (Mountain 
    Counties Air Basin).
        (C) Previously approved on November 15, 1978 and now deleted 
    without replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 
    715 (Lake Tahoe Air Basin).
    * * * * *
        (xii) * * *
        (B) Previously approved on November 14, 1978 and now deleted 
    without replacement Rules 4.5 and 4.6.
    * * * * *
        (42) * * *
        (i) * * *
        (E) Previously approved on August 11, 1978 and now deleted without
    
    [[Page 34646]]
    
    replacement Rules 501 to 512 and 514 to 516.
    * * * * *
        (iii) * * *
        (C) Previously approved on August 4, 1978 and now deleted without 
    replacement Rules 105 and 501.
    * * * * *
        (xiii) * * *
        (D) Previously approved on December 21, 1978 and now deleted 
    without replacement Rules 501, 502, and 509.
        (xiv) * * *
        (C) Previously approved on December 21, 1978 and now deleted 
    without replacement Rule 501.
    * * * * *
        (44) * * *
        (iv) * * *
        (C) Previously approved on January 29, 1979 and now deleted without 
    replacement Rule 5.1, 5.10 and 5.11.
        (v) * * *
        (B) Previously approved on March 28, 1979 and now deleted without 
    replacement Rule 503.
    * * * * *
        (45) * * *
        (iii) * * *
        (B) Previously approved on July 30, 1979 and now deleted without 
    replacement Rules 76 and 97.
    * * * * *
        (50) * * *
        (i) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 615.
        (ii) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 615.
        (iii) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 615.
        (iv) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 615.
        (v) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rules 320 and 615.
        (51) * * *
        (i) * * *
        (C) Previously approved on August 11, 1980 and now deleted without 
    replacement Rule 503 (including Southeast Desert).
    * * * * *
        (iii) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 320.
        (iv) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 320.
        (v) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 320.
        (vi) * * *
        (B) Previously approved on October 31, 1980 and now deleted without 
    replacement Rule 320.
        (vii) * * *
        (D) Previously approved on September 28, 1981 and now deleted 
    without replacement Rules 95 and 98.
        (viii) * * *
        (D) Previously approved on December 9, 1981 and now deleted without 
    replacement Rules 301, 303 to 311, and 511.
        (E) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 302.
        (ix) * * *
        (D) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 519.
    * * * * *
        (xii) * * *
        (C) Previously approved on January 27, 1981 and now deleted without 
    replacement Rule 501.1.
        (xiii) * * *
        (B) Previously approved on May 18, 1981 and now deleted without 
    replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and 
    518.
        (xv) * * *
        (C) Previously approved on May 18, 1981 and now deleted without 
    replacement Rule 404, 602, and 603.
        (xvi) * * *
        (B) Previously approved on January 26, 1982 and now deleted without 
    replacement Rule 71.
    * * * * *
        (xx) * * *
        (B) Previously approved on June 18, 1982 and now deleted without 
    replacement Rules 40, 110 to 114, 120 to 121, 123 to 126, and 130.
    * * * * *
        (52) * * *
        (iv) * * *
        (D) Previously approved on October 9, 1981 and now deleted without 
    replacement Rule 302.
        (E) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 519.
    * * * * *
        (ix) * * *
        (C) Previously approved on December 9, 1981 and now deleted without 
    replacement Rules 301 and 302.
    * * * * *
        (xi) * * *
        (B) Previously approved on May 18, 1981 and now deleted without 
    replacement Rules 605, 700 to 704, and 710 to 711.
        (xii) * * *
        (B) Previously approved on May 18, 1981 and now deleted without 
    replacement Rule 404.
        (xv) * * *
        (C) Previously approved on December 9, 1981 and now deleted without 
    replacement Rule 305.
    * * * * *
        (xix) * * *
        (C) Previously approved on January 26, 1982 and now deleted without 
    replacement Rule 4.3.
    * * * * *
        (54) * * *
        (iii) * * *
        (B) Previously approved on May 18, 1981 and now deleted without 
    replacement Rules 303 and 304.
        (iv) * * *
        (D) Previously approved on January 26, 1982 and now deleted without 
    replacement Rule 5.4.
    * * * * *
        (58) * * *
        (ii) * * *
        (C) Previously approved on September 28, 1981 and now deleted 
    without replacement Rule 501.1.
    * * * * *
        (74) * * *
        (i) * * *
        (B) Previously approved on January 27, 1981 and now deleted without 
    replacement Rule 517.
    * * * * *
        (87) * * *
        (vi) * * *
        (B) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 74.
    * * * * *
        (88) * * *
        (i) * * *
        (D) Previously approved on December 9, 1981 and now deleted without 
    replacement Rule 305.
    * * * * *
        (89) * * *
        (vi) * * *
        (B) Previously approved on April 13, 1982 and now deleted without 
    replacement Rule 301 and Table VI.
    * * * * *
        (92) * * *
        (ii) * * *
        (D) Previously approved and now deleted without replacement Rules 
    601 and 702.
    * * * * *
        (93) * * *
        (iv) * * *
        (C) Previously approved on April 23, 1982 and now deleted without 
    replacement Rule 522.
    * * * * *
        (95) * * *
    
    [[Page 34647]]
    
        (v) * * *
        (C) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 301.
    * * * * *
        (96) * * *
        (iii) * * *
        (B) Previously approved on January 26, 1982 and now deleted without 
    replacement Rules 110 and 112.
    * * * * *
        (98) * * *
        (i) * * *
        (D) Previously approved on April 12, 1982 and now deleted without 
    replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2.
    * * * * *
        (101) * * *
        (ii) * * *
        (E) Previously approved on July 6, 1982 and now deleted without 
    replacement Rule 305 (including Southeast Desert).
    * * * * *
        (103) * * *
        (ii) * * *
        (D) Previously approved on July 6, 1982 and now deleted without 
    replacement Rule 42.
    * * * * *
        (iv) * * *
        (E) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 42.
        (vi) * * *
        (B) Previously approved on April 13, 1982 and now deleted without 
    replacement Rules 300 and 310.
        (vii) * * *
        (B) Previously approved on April 13, 1982 and now deleted without 
    replacement Rules 300 and 310.
        (viii) * * *
        (B) Previously approved on April 13, 1982 and now deleted without 
    replacement Rules 300 and 310.
        (ix) * * *
        (B) Previously approved on April 13, 1982 and now deleted without 
    replacement Rules 300 and 310.
        (x) * * *
        (B) Previously approved on April 13, 1982 and now deleted without 
    replacement Rules 300 and 310.
    * * * * *
        (xii) * * *
        (C) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 301.
    * * * * *
        (xiv) * * *
        (B) Previously approved on May 27, 1982 and now deleted without 
    replacement Rule 305.
        (xvii) * * *
        (B) Previously approved on May 27, 1982 and now deleted without 
    replacement Rule 516.
        (xviii) * * *
        (B) Previously approved on July 6, 1982 and now deleted without 
    replacement Rule 504.1.
    * * * * *
        (124) * * *
        (iii) * * *
        (B) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 503 and 521.
    * * * * *
        (v) * * *
        (C) Previously approved on November 10, 1982 and now deleted 
    without replacement Rule 503.
        (vi) * * *
        (C) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 616 and 618.
        (vii) * * *
        (C) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 616 and 618.
        (viii) * * *
        (C) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 616 and 618.
        (ix) * * *
        (C) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 616 and 618.
        (x) * * *
        (C) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 616 and 618.
    * * * * *
        (125) * * *
        (iv) * * *
        (B) Previously approved on November 10, 1982 and now deleted 
    without replacement Rule 4.4.
    * * * * *
        (vi) * * *
        (B) Previously approved on November 10, 1982 and now deleted 
    without replacement Rules 4.1 and 4.2.
    * * * * *
        (126) * * *
        (i) * * *
        (C) Previously approved on June 1, 1983 and now deleted without 
    replacement Rule 70.
    * * * * *
        (iii) * * *
        (C) Previously approved on June 18, 1982 and now deleted without 
    replacement Rule 302.
    * * * * *
        (v) * * *
        (C) Previously approved on June 1, 1983 and now deleted without 
    replacement Rule 519.
    * * * * *
        (127) Revised regulations for the following APCDs submitted on 
    February 3, 1983 by the Governor's designee. * * *
        (iii) * * *
        (B) Previously approved on November 18, 1983 and now deleted 
    without replacement Rule 350.
    * * * * *
        (vi) * * *
        (B) Previously approved on November 18, 1983 and now deleted 
    without replacement Rule 302.
        (vii) * * *
        (D) Previously approved on November 18, 1983 and now deleted 
    without replacement Rule 303.
    * * * * *
        (137) * * *
        (ii) * * *
        (D) Previously approved on February 1, 1984 and now deleted without 
    replacement Rules 305 and 519.
    * * * * *
        (iv) * * *
        (C) Previously approved on February 1, 1984 and now deleted without 
    replacement Rule 40.
    * * * * *
        (vii) * * *
        (C) Previously approved on February 1, 1984 and now deleted without 
    replacement Rule 502.
        (viii) * * *
        (B) Previously approved on February 1, 1984 and now deleted without 
    replacement Rule 41.
    * * * * *
        (138) * * *
        (v) * * *
        (D) Previously approved on November 18, 1983 and now deleted 
    without replacement Rules 305 and 502 to 503.
    * * * * *
        (140) * * *
        (i) * * *
        (C) Previously approved on May 3, 1984 and now deleted without 
    replacement Rule 3-301.
    * * * * *
        (153) * * *
        (ii) * * *
        (C) Previously approved on December 5, 1984 and now deleted without 
    replacement Rules 600 and 610.
    * * * * *
        (154) * * *
        (i) * * *
        (C) Previously approved on December 5, 1984 and now deleted without 
    replacement Rules 600 and 610.
    * * * * *
        (iii) * * *
        (C) Previously approved on December 5, 1984 and now deleted without 
    replacement Rules 601 and 602.
    * * * * *
        (159) * * *
        (iii) * * *
        (B) Previously approved on July 13, 1987 and now deleted without
    
    [[Page 34648]]
    
    replacement Rules 600 to 617 and 800 to 816.
    * * * * *
        (168) * * *
        (i) * * *
        (A) * * *
        (3) Previously approved on February 3, 1987 and now deleted without 
    replacement Rules 601 to 618, 620 to 621, and 801 to 802.
        (E) * * *
        (3) Previously approved on February 3, 1987 and now deleted without 
    replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to 
    5.18, and 5.20 to 5.23.
    * * * * *
        (171) * * *
        (i) * * *
        (D) * * *
        (5) Previously approved on April 12, 1989 and now deleted without 
    replacement Rule 4.1.
    * * * * *
        (177) * * *
        (i) * * *
        (D) * * *
        (2) Previously approved on April 16, 1991 and now deleted without 
    replacement Rules 106, 501, 504 to 506, and 519.
    * * * * *
    
    Subpart M--Hawaii
    
        4. Section 52.620 is amended by adding paragraphs (b)(1) and 
    (c)(16)(i)(B) and revising paragraphs (c)(10) and (c)(14) to read as 
    follows:
    
    
    Sec. 52.620  Identification of plan.
    
    * * * * *
        (b) * * *
        (1) Previously approved on May 31, 1972 and now deleted without 
    replacement Chapter 43, Section 7.
        (c) * * *
        (10) Previously approved on April 23, 1979 and now deleted without 
    replacement: A variance to the Hawaii Public Health Regulations, 
    Chapter 43, Section 7 (b)(5) submitted on September 12, 1978, by the 
    Governor.
    * * * * *
        (14) Previously approved on September 30, 1982 and now deleted 
    without replacement: A variance of the Hawaii Public Health 
    Regulations, Chapter 43, Section 8 (b)(1) submitted on April 6, 1982, 
    by the Governor.
    * * * * *
        (16) * * *
        (i) * * *
        (B) Previously approved on August 18, 1983 and now deleted without 
    replacement Section 11-60-36.
    * * * * *
    
    Subpart DD--Nevada
    
        5. Section 52.1470 is amended by adding paragraphs (b)(1), 
    (c)(14)(ii)(A), (c)(16)(viii)(A), and (c)(24)(iv)(A) to read as 
    follows:
    
    
    Sec. 52.1470  Identification of plan.
    
    * * * * *
        (b) * * *
        (1) Previously approved on May 31, 1972 and now deleted without 
    replacement Rules 2.8 and 2.11.
        (c) * * *
        (14) * * *
        (i) * * *
        (ii) * * *
        (A) Previously approved on July 10, 1980 and now deleted without 
    replacement Statutes 445.506, 445.511, 445.516, and 445.521.
    * * * * *
        (16) * * *
        (viii) * * *
        (A) Previously approved on August 27,1981 and now deleted without 
    replacement Section 9, Rules 9.2 to 9.3.
    * * * * *
        (24) * * *
        (iv) * * *
        (A) Previously approved on June 18, 1982 and now deleted without 
    replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1.
    * * * * *
    
    Subpart DDD--American Samoa
    
        6. Section 52.2820 is amended by adding the following paragraph 
    (b)(1) to read as follows:
    
    
    Sec. 52.2820  Identification of plan.
    
    * * * * *
        (b) * * *
        (1) Previously approved on May 31, 1972 and now deleted without 
    replacement Chapter 35.01, Section 35.0113 of the Environmental Quality 
    Act.
    [FR Doc. 97-16650 Filed 6-26-97; 8:45 am]
    BILLING CODE 6560-50-U
    
    
    

Document Information

Effective Date:
7/28/1997
Published:
06/27/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-16650
Dates:
This rule is effective on July 28, 1997.
Pages:
34641-34648 (8 pages)
Docket Numbers:
AS-AZ-CA-HW-NV-000-0002, FRL-5847-8
PDF File:
97-16650.pdf
CFR: (5)
40 CFR 52.120
40 CFR 52.220
40 CFR 52.620
40 CFR 52.1470
40 CFR 52.2820