Correction of Implementation Plans; American Samoa, Arizona, California, Hawaii, and Nevada State Implementation Plans

Federal RegisterJun 27, 1997

Ask Donna

What actually matters in this document.

Text

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

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.

* * * * *

(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) * * *

replacement Rules 141, 143 to 147, 702, and 711 to 714.

* * * * *

(50) * * *

(ii) * * *

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.

* * * * *

(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) * * *

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) * * *

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) * * *

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) * * *

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) * * *

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).

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) * * *

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) * * *

without replacement Rules 105 and 305.

* * * * *

(xii)* * *

(F) Previously approved on August 4, 1978 and now deleted without

replacement Rules 801 to 817.

(xiii) * * *

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) * * *

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) * * *

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) * * *

replacement Rules 600, 603 and 610.

(viii) * * *

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) * * *

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).

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) * * *

replacement Rules 105 and 501.

* * * * *

(xiii) * * *

(D) Previously approved on December 21, 1978 and now deleted

without replacement Rules 501, 502, and 509.

(xiv) * * *

without replacement Rule 501.

* * * * *

(44) * * *

(iv) * * *

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) * * *

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) * * *

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) * * *

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) * * *

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) * * *

replacement Rule 305.

* * * * *

(xix) * * *

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) * * *

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) * * *

replacement Rule 522.

* * * * *

(95) * * *

[[Page 34647]]

(v) * * *

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) * * *

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) * * *

without replacement Rule 503.

(vi) * * *

without replacement Rules 616 and 618.

(vii) * * *

without replacement Rules 616 and 618.

(viii) * * *

without replacement Rules 616 and 618.

(ix) * * *

without replacement Rules 616 and 618.

(x) * * *

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) * * *

replacement Rule 70.

* * * * *

(iii) * * *

replacement Rule 302.

* * * * *

(v) * * *

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) * * *

replacement Rule 40.

* * * * *

(vii) * * *

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) * * *

replacement Rule 3-301.

* * * * *

(153) * * *

(ii) * * *

replacement Rules 600 and 610.

* * * * *

(154) * * *

(i) * * *

replacement Rules 600 and 610.

* * * * *

(iii) * * *

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.

(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.

(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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.