Proposed Procedures for Public Notice & Comment of EPA Review of State 111(d) Plans [43 FR 29585,...

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Proposed Procedures for Public Notice & Comment of EPA Review of State 111(d) Plans [43 FR 29585, Monday July 10, 1978]

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  • + 2(,1 1/,1(Citation: 43 Fed. Reg. 29585 1978

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  • PROPOSED RULES

    Since proper tire maintenance plays amajor role in guarding against tirefailures, the frequency of such failurescan be greatly reduced by proper at-tention to tire maintenance. However,tire failures do occur, even with care-ful maintenance and in one out of fivecases for the DC-10 this has involvedfailure of the companion tire due tooverload. Since this condition is likelyto exist or develop on other airplanesof the same type design, in order tominimize the possibility of inoperativehydraulic systems and consequentialloss of related powered flight controls,the proposed AD would require revi-sion of hydraulic systems 1 and 3 byinstalling three check valves and,when applicable, new hydraulic piping.

    DRAFTrnG INFORMATIONThe principal authors of this docu-

    ment are Gilbert L Thompson, Air-craft Engineering Division, andDeWitte T. Lawson, Jr., Office of theRegional Counsel.

    PRoPosEi AMENDMENTAccordingly, the Federal Aviation

    Adminitration proposes to amend 39.13 of Part 39 of the Federal Avi-ation -Regulations (14 CPR 39.13) byadding the following new airworthi-ness directive:

    McDommsLq DOUGLAs: Applies to DC-10-10, -10F, -30, -SOP and -40 airplanes certifi-cated in all categories.

    Compliance required within the next 1800hours time in service after the effective dateof this AD, unless already accomplished.

    To prevent the loss of related poweredflight controls due to loss of fluid throughbrake return line failure accomplish the fol-loving:(a) Revise hydraulic system 1 and 3 by in-stalling three check valves and, when appli-cable, new hydraulic piping, in accordancewith Douglas Service Bulletin No. A29-113,Revision 2, dated April 4, 1978.(b) Equivalent modifications may be usedwhen approved by the Chief, Aircraft Engi-neering Division, FAA Western Region.(c) Special Flight permits may be issuedper FAR's 21.197 and 21.199 to operate air-planes to a base for the accomplishment ofthe modification required by this AD.

    *(Sees. 313(a), 601, and 603, Federal AviationAct of 1958, as amended (49 U.S.C. 1354(a),1421, and 1423); Sec. 6(c). Department ofTransportation Act (49 U.S.C. 1655(c)); and14 CFR 11.85.)

    Nor-The Federal Aviation Administra-tion has determined that this document isnot significant in accordance with the crite-ria required by Executive Order 12044 andset forth In interim Department of Trans-portation Guidelines.

    Issued in Los Angeles, Calif., onJune 29, 1978.

    LEoN C. DAUGHERTY,Acting Director,

    FAA Western Region.[FR Doe. 78-18331 Filed 7-7-78; 8:45 am]

    [4910-13][14 CIX Poit 39]

    [Docket No. 78-NW-9-AD]AIRWORTHINESS DIRECTIVES

    Boeing Model 727 Series AirplanesAGENCY: Federal Aviation Adminis-tration (FAA), DOT.ACTION: Extension of time for com-ments on notice of proposed rulemak-ing.SUMMARY: A notice of proposed ru-lemaking (NPRM) was published April24, 1978, in 43 FR 17364, proposing anAirworthiness Directive which wouldrequire inspections and/or replace-ment of main landing gear lock systemcomponents on Boeing Model 727series airplanes, to prevent gear-uplandings. FAA has now been notifiedthat The Boeing Co. has in process atechnical improvement which willpermit simpler and less costly resolu-tion of the problem. To permit evalua-tion and comments based on this newdevelopment, FAA has determinedthat the comment period for theNPRM should be extended.DATES: The new deadline for com-ments is extended to September 15,1978.ADDRESSES: Federal Aviation Ad-ministration, Northwest Region,Office of the Regional Counsel, Atten-tiom Airworthiness Rules Docket,Docket 78-NW-9-AD, 9010 East Mar-ginal Way South, Seattle, Wash.98108.FOR FURTHER INFORMATIONCONTACT.

    Gerald R. Mack, Airframe Section,ANW-212, Engineering and Manu-facturing Branch, FAA NorthwestRegion, 9010 East Marginal WaySouth, Seattle, Wash. 98108, tele-phone 206-767-2516.

    SUPPLEMENTARY INFORMATION:The Federal Aviation Administrationissued a noticp of propose rulemaking(43 FR 17364) on April 13, 1978, whichsolicited comments on an inspection/replacement program of the mainlanding gear lock system componentson Boeing Model 727 series airplanes.Failure of these components has re-sulted and can result in gear-up land-ings.

    The Boeing Co. has recently notifiedthe FAA of its design efforts to devel-op an alteration which would preventmissequencing of the main landinggear and wheel well doors due to locksystem component failure, and subse-quent jamming (main landing geartires lodging on the door). Boeing ad-vised that the final design of the alter-ation is scheduled to be completed byAugust 1, 1978. Based on this new in-formation, the Air Transportation As-

    soclatlon has requested that the clos-Ing date for comments be extended toSeptember 15, 1978. They stated thatthe extension will provide time forBoeing to refine its design changesand permit the operators to evaluatethese changes prior to making finalcomments on the NPRM.

    The comment period specified in thenotice of proposed rulemaking expiredon June 20, 1978. The FAA has deter-mined that sufficient justificationexists to extend the comment period.

    DRAFTIG INFORMATIONThe principal authors of this docu-

    ment are Gerald R. Mack Enginebringand Manufacturing Branch, FAANorthwest Region, and RichardSalwen, Acting Regional Counsel, FAANorthwest Region.

    ExENsioN OF CouErNT PmuODAccordingly, the deadline for co-

    ments on the notice of proposed rule-making In Docket No. 78-NW-9-AD ishereby extended to September 15,1978.(Sec-. 313(a). 601. and 603. Federal AviationAct of 1958, as amended (49 U.S.C. 1354(a),1421, and 1423); sec. 6(c), Department ofTransportation Act (49 U.S.C. 1655te)); and14 CFR 11.85).

    Nor&.-The Federal Aviation Administra-Uon ha determined that this documentdoes not contain a major propozal requiringpreparation of an Economic Imp=t State-ment under Exccutive Ordar 11021, asamended by Executive Order 11949, and0M3B Circular A107.Isued in Seattle, Wash., on June 30,

    1978.C. B. WALK, Jr.,

    Director,Northwest Region.

    [FR Doe. '13-1833 Filed 7-7-78; 8:45 am]

    [6560-01]ENVIRONMENTAL PROTECTION

    AGENCY[40 CFR Port 621

    8FRL 892-51APPROVAL AND PROMULGATION OF STATE

    PLANS FOR DESIGNATED FACILITiES ANDPOLLUTANTS

    Notice of Proposed RulemokingAGENCY: Environmental ProtectionAgency (EPA).ACTION: Proposed rule.SUMMARY: This notice proposes toestablish a new Part 62, "Approval andPromulgation of State Plans for Desig-nated Facilities." Part 62 will providethe procedural framework in whichEPA will approve or disapprove planssubmitted by the State, and promul-gate Federal plans if necessary, under

    0

    FEDERAL REGISTER, VOL 43, NO. 132-MONDAY, JULY 10, 1978

    29585

  • PROPOSED RULESsection 111(d) of the Clean Air Act.Section lll(d) of the act requiresStates to submit plans to control emis-sions of designated pollutants fromdesignated sources; EPA must desig-nate the facilities and pollutants forwhich States must develop plans.

    This action is needed because EPA'sapproval and disapproval actions andpromulgations must be made public.The intended effect of this action es-tablished the framework for publiciz-ing these actions. The first plans willbe those for the control of fluoride,emissions from phosphate fertilizerplants; States were required to submitthem to EPA by December 1, 1977.

    Several States have written us let-ters saying they have no phosphate fa-cilities. We call these letters "negativedeclarations" and are proposing to ap-prove them in subparts B-DDD. Theremainder of the State submissionswill be proposed and then approved,disapproved, or promulgated as neces-sary when appropriate information isreceived from the States.

    Subpart A ("General Provisions") ofPart 62 has been derived in part fromexisting regulations in 40 CFR 60(Subpart B). Subpart A-is being placedin Part 62 as an aid to the user in un-derstanding the subsequent subparts,which will eventually contain noticesof approval, and if necessary, disap-proval, and promulgation of plansunder section 111(d) of the act.DATES: Comments must be receivedon or before August 9, 1978.ADDRESSES: Send comments to: Mr.Joseph Sableski, U.S. EnvironmentalProtection Agency, Office of Air Qual-ity Planning and Standards, ControlPrograms Development Division (MD15), Research Triangle Park, N.C.27711.FOR FURTHER INFORMATIONCONTACT.

    Mr. Joseph Sableski at the above ad-dress or telephone 919-541-5437(commercial) or 629-5437 FTS).

    SUPPLEMENTARY INFORMATION:Section 111(d) of the Clean Act, asamended, requires EPA to establishprocedures under which States submitplans to control certain existingsources of certain pollutants, On No-vember 17, 1975 (40 FR 53340), EPAbegan to implement section 111(d) bypromulgating Subpart B of 40 CFRPart 60, establishing procedures andrequirements for adoption and submit-tal of State plans for control of "desig-nated pollutants" from "designated fa-cilities." Designated pollutants are pol-lutants which are not included on alist published under section 108(a) ofthe act (National Ambient Air QualityStandards) or section 112(b)(1)(A)(Hazardous Air Pollutants), but forwhich standards of performance fornew sources have been established

    under section 111(b). A designated fa-cility is an existing facility whichemits a designated pollutant andwhich would be subject to a standardof performance for that pollutant Ifthe existing facility were new.

    The first guideline for control ofnon-criteria pollutants from existingsources was published in March 1977,and dealt with fluoride emissions fromphosphate fertilizer plants.I That pub-lication had initiated the timetable fordevelopment of the first plans under111(d) of the act.

    Subpart B of Part 60 provides thatwithin 9 months of publication of thefinal guideline for control of a non-cri-teria pollutant from-existing sources,the States shall submit to EPA plansto control the facilities designated inthe guideline. Thus, December 1, 1977,was the submission date for the sub-ject plans to control fluorides. EPAwill review these plans and render anapproval judgment within 4 months.Where a plan is disapproved, EPA hasup to 6 months after plan submittal topromulgate substitute regulations.

    More non-criteria pollutants willeventually be dealt with in Part 62,and designated facilities emitting suchpollutants will be subject to the re-quirements of 111(d)

    In many cases, a State will not havea designated facility (such as phos-phate fertilizer plants) within its bor-ders. In that case, the State may,submit a letter of negative declarationto the-Administrator in lieu of a con-trol plan.

    As the States submit their plans forthe control of fluorides from phos-

    .phate fertilizer plants, sulfuric acidmist from sulfuric acid plants, etc., ap-proval, and if necessary, disapprovalactions, and EPA-promulgated plans,will be proposed and promulgated inSubparts B through DDD of this Part.

    All approved regulatory provisionsof each plan will be incorporated byreference in this part. Guidance onsulfuric acid mist emissions from sul-furic acid plants is now available, initi-ating the plan submittal timetable forthat pollutant. Subsequent guidelinesfor control of other noncriteria pollut-ants will be forthcoming.

    The States of Indiana, Michigan,Minnesota, New Mexico, Oklahoma,and Wisconsin have submitted to theAdministrator letters" of negative dec-

    -larations stating that no phosphatefertilizer plants subject to the require-ments of Subpart B of 40 CFR Part 60exist in their respective States. Thisfulfills their responsibility for this

    31 nal Guideline Document* Control ofFluoride Emissions from Existing Phos-phate Fertilizer Plants. EPA 450/2-77-005(OAQPS No. 1.2-070). US. EnvironmentalProtection Agency, Office of Air and WasteManagement, Office of Air Quality Plan-ning and Standards, Research TrianglePark, N.C. 27711. March 1977.

    source category for submitting Stateplans for control of designated pollut-ants from existing facilities requiredunder Section 111(d) of the Clean AirAct, as amended.

    Send comments on Indiana, Michi-gan, Minnesota, and Wisconsin nega-tive declarations to:Mr. Robert Duprey. Director, Air and haz-ardous Materials DlvIsiQn, EPA, Region V230 South Dearborn Street, Chicago, III.60604.

    Send comments on New Mexico andOklahoma negative declarations to:Mr. Jack Divita, Chief, Air Branch, EPA,Region VI, First International Building,1201 Elm Street, Dallas, 'Tex. 75270.

    Copies of the plans will be availablefor public inspection at:

    1. The office of the Division Director ofAir and Hazardous Materials at EPA Re-gional Offices I, III-X and the Division DI.rector of Environmental Programs inRegion II. The addresses and jurisdictionscovered are listed in 62.10.

    2. Public Information Reference Unit, Li.brary Systems Branch, EPA (PM 213), 401M Street SW., Washington, D.C. 20460

    All interested persons are invited tosubmit written comments on the pro-posed regulatory actions set forthbelow. Comments received by EPA willbe available for inspection duringnormal business hours at the PublicInformation Reference Unit. Thechanges proposed herein, with the ap-propriate modifications, will be effec-tive on promulgation in the omm.LREGISTER. F

    Dated: June 28, 1978.BARBARA BLUM,

    ActingAdministratorEPA proposes to amend Subchapter

    C, Chapter I, Title 40 of the Code ofFederal Regulations by adding Part 62as follows:

    PART 62-APPROVAL AND PROMULGATIONOF STATE PLANS FOR DESIGNATED FACILI-TIES AND POLLUTANTS

    Subpart A-General Provisions

    Sec.62.01 Definitions.62.02 Introduction.62.03 Extensions.62.04 Approval status.

    -62.05 Legal authority.62.06 Negative declarations.62.07 Emissions standards, compliance

    schedules.62.08 Emission inventories and source sur-

    veillance.62.09 Revision of plans by Administrator.62.10 Submission to Administrator.62.11 Severability.62.12 Availability of applicable plans.

    FEDERAL REGISTER,! VOL 43, NO. 132-MONDAY, JULY 10, 1978

    29586

  • Subparts B-0 [Reserved]Subpart P-ndiana

    FLUOR E EMISSIONS FROM PHOSPHATEFERTILER PLANTS

    62.3600 Identification of plan-Negativedeclaration.

    Subparts Q-W [Reserved]Subpart X-Michigan

    FLUORIDE EMISSIONS EROLI PHOSPHATEFERTIZER PLANTS

    62.5600 Identification of plan-Negativedeclaration.

    Subpart Y-innesata

    FLUORIE EMISSIONS FROM PHOSPHATEFERTILIZER PLANTS

    62.5850 Identification of plan-Negativedeclaration

    Subparts Z-FF [Reserved]Sub'part GG-New Mexico

    FLuoRI E EMSSIONS FROM PHOSPHATEF'RTILIZER PLANTS

    62.7850 Identification of plan-Negativedeclaration.

    Subparts HH-KK [Reserved]Subpart LL-Oklahoma

    FLUORinE EmISSIONS FROM PHOSPHATEFMTIE PLANTS

    62.9100 Identification of plan-Negzativedeclaration.

    Subparts MM-XX [Reserved]Subpart YY-Wisconsin

    FLuORuaE EMISSIONS FROM PHOSPHATEFERTmiZR PLANTS

    62.12350 Identification of plan-Negativedeclaration.

    Subparts ZZ-DDD [Reserved]

    AuTHoRrryv Secs. 111 and 301(a), CleanAir Act, as amended (42 U.S.C. 7413 and7601).

    -Subport A-General Provisions

    62.01 Definitions.As used in this part, all terms not de-

    fined herein shall have the meaninggiven to them in the Clean Air Act andin Part 60 of this chapter. 62.02 Introduction.

    (a) This part sets forth the Adminis-trator's approval and disapproval ofState plans for control of designatedpollutants and facilities, and the Ad-ministrator's promulgation of suchplans or portions thereof. Approval ofa plan or any portion of a plan isbased on a determination by the Ad-ministrator that it meets the require-ments of section 111(d) of the act andthe provisions of Part 60 of this chap-ter.

    PROPOSED RULES

    (b) If a State does not submit a com-plete, approvable plan, the Adminis-trator may then promulgate a substi-tute plan or part of a plan. The pro-mulgated provision, plus the approvedparts of the State plan, constitute theapplicable plan for purposes of theact.

    (c) The Administrator will promul-gate substitute provisions for the dis-approved regulatory provisions only.If a nonregulatory provision Is disap-proved, however, It will be noted inthis part and a detailed ex:planationwill be sent to the State.

    (d) All approved regulatory provi-sions of each plan are incorporated byreference in this part, Section 62.12provides information on availability ofapplicable plans. The Administratorand State and local agencies shall en-force (1) regulatory provisions of aplan approved or promulgated by theAdministrator, and (2) all permit con-ditions or denials Izsued in carryingout the approved or promulgated regu-lations for the review of designated fa-cilities.

    (e) Each State's plan is dealt with ina separate subpart, with separateheadings for different pollutants andfacilities. The plans shall include anintroductory section Identifying theplan by name and the date of Its sub-mittal. Additional sections are includ-ed as necesary to specifically Identifydisapproved provisions, to set forthreasons for disapproval, and to setforth provisions of the plan promul-gated by the Administrator. Except asotherwise specified, all supplementalinformation submitted to the Adminis-trator with respect to any plan hasbeen submitted by the Governor ofthe State.(f) Revisions to applicable plans willbe included in this part when ap-proved or promulgated by the Admin-istrator. 62.03 Extensions.

    The Administrator may, wheneverhe determines necessary, extend theperiod for submission of any plan orplan revision or portion thereof. 62.04 Approval status.

    The approval status of each State'splan or portions thereof, are set forthin each. subpart. All plans are ap-proved unless specifically disapprovedin the appropriate subpart62.05 Legal authority.

    (a) The Administrator's determina-tion of the absence of Inadequacy oflegal authority required to be includedin the plan is set forth in each sub-part. This includes the legal authorityof local agencies and State governmen-tal agencies other than an air pollu-tion control agency if such other agen-cies are assigned reaponsibilty for car-rying out a plan or portion thereof.

    29587(b) No legal authority as such Is pro-

    nulgated by the Administrator.Where required regulatory provisionsare not included in the plan by theState because of inadequate authority,substitute provisions are promulgatedby the Administrator.62.06 Negative declarations.

    A State may submit to the Adminis-trator a letter certifying that no desig-nated facilities exist in the State ifsuch is the case. The negative declara-tion will be in lieu of a plan.

    g62.07 Emission standards, complianceschedules.

    (a) In each subpart, emission stand-ards and compliance schedules whichhave been disapproved by the Admin-Istrator are identified, and those pro-mulgated by the Administrator are setforth.

    (b) The Adminis-rator's approval orpromulgation of any complianceschedule shall not affect the responsi-bility of the owner or operator tocomply with any applicable emissionlimitation on or after the date forfinal compliance specified in the appli-cable schedule.:62.03 Emission inventories and source

    surveillanee.(a) Each subpart Identifies the plan

    provisions for source surveillancewhich a-e disapproved, and sets forththe Administrator's promulgation ofnecezzary provisions for requiring de-ignated sources to maintain records,make reports, and submit information.

    (b) The Admini-trator will not pro-mulgate provisions for disapprovedState or local agency procedures fortesting, inspection. investigation, ordetection. However, detailed critiquesof such portions will be provided tothe State.62.09 Revision of plans by Administrator.

    After notice and opportunity forpublic hearing in each affected State,the Administrator may revise any pro-vision of an applicable plan if:

    (a) The provision was promulgatedby the Administrator and

    (b) The plan, as revised, will be con-sistent with the Act and with the re-quirements of Part 60, Subpart B ofthis chapter. 62.10 Submission to Administrator.

    Except as otherwise provided in 60.23 of this chapter, all requests, re-ports, applications, submittals, andother communications to the Adminis-trator pursuant to this part shall besubmitted In duplicate and addressedto the appropriate Regional Office ofthe Environmental Protection Agency,to the attention of the Director, Airand Hazardous Materials Division (En-vironmental Programs Division inRegion 11). The Regional Offices areas follows

    FEDERAL REGISTER, VOL 43, NO. 132-MONDAY, JULY 10, 197

  • PROPOSED RULES

    Region and jurisdiction Addresscovered

    ,--Connectlcut. Maine. Mas- JFK Federalsachusetts, New Hamp- Building, Boston,rhire. Rhode Island. Ver- Mass. 02203.mont.

    II-New York, New Jersey, Federal OfficePuerto Rico, Virgin Islands. Building. 26

    Federal Plaza, NewYork, N.Y. 10007.

    111-Delaware, District of Curtis Building, 6thColumbia, Pennsylvania, .and Walnut Sts..Maryland. Virginia, 'West Philadelphia, Pa.Virginia. 19106.

    IV-Alabama, Florida, Geor- 345 Courtland NE.,gia, Mississippi, Kentucky, Atlanta, Ga. 30308.North Carolina. SouthCarolina, Tennessee.

    V-Illinois, Indiana. Michi- Federal Building, 230gan, Minnesota. Ohio. Wis. South Dearbornconsin. St. Chicago, Ill.

    60606.VI-Arkansas. Louisiana. Ist International

    New Mexico, Olkahoma, Building, 1201-ElmTexas. St, Dallas. Tex.

    75270.VII-Iowa. Kansas. MIssouri. 1735 Baltimore St.,

    Nebraska. Kansas City, Mo.64108.

    VIII-Colorado. Montana, 916 Lincoln Towers,North Dakota, South 1860 Lincoln St,Dakota, Utah. Wyoming. Denver. Colo.

    80203.IX-Arizona, California, 215 Fremont St., San

    Hawaii, Nevada, Guam. Francisco, Calif.American Samoa. 94105.

    X-Washington, Oregon. 1200 6th Ave..Idaho, Alaska. Seattle. Wash.

    98101.

    62.11 Severability.The provisions promulgated in this

    part and the various applicationsthereof are distinct and severable. Ifany provision of this )part or the appli-cation thereof to any person or cir-cumstances is held invalid, such inva-lidity shall not affect other provisionsor application of such provision toother persons or circumstances whichcan be given effect without the Invalidprovision or application. 62.12 Availability of applicable plans.

    Copies of the applicable plans vil beavailable for public inspection at thefollowing locations:

    (a) The offices of the Directors, Airand Hazardous Materials Divisions atEPA Regional Offices I. III-X, and theDirector, Environmental Programs Di-vision at EPA Regional Office II. Theaddresses and jurisdictions covered bythese appear in 62.10.

    (b) Public Information ReferenceUnit, Library Systems Branch, 'EPA(PM 213), 401 M Street SW., Washing-ton, D.C. 20460.

    Subparts B-0 [Reserved]Subpart P-Indiana

    FLUORIDE.EMISSIONS FROM PHOSPHATEFERTILIZER PLANTS

    62.3600 Identification of plan-Negativedeclaration.

    The State Board of Health submit-ted on April 18, 1977, a letter certify-

    ing that there are no existing phos-phate fertilizer plants in the Statesubject to Part 60, Subpart B of thisChapter.

    Subparts Q-W [Reserved]Subpart X-Michgan

    'FLUORIDE EMISSIONS -FROM PHOSPHATEFERTILIZERTPANTS

    62.5600 Identification of plan-:Negativedeclaration.

    The State Department of Resourcessubmitted on April 18, 1977, a lettercertifying that there are no existingphosphate fertilizer plants in theState subject to Part 60, Subpart B ofthis Chapter.

    I Subpart Y-Minnesota

    FLUORIDE EMISSIONS FROM PHOSPHIATEFERTILIZER PLANTS

    62.5850 Identification of plan-Negativedeclaration.

    The State Pollution Control Agencysubmitted on April 7, 1977, a letter cer-tifying that there are no existingphosphate fertilizer plants in theState subject to Part 60, Subpart B ofthis Chapter.

    -Subparts Z-FF IReterved]Subpart GG-New Mexico

    FLUORIDE EImissIoNs FROM PHOSPHATEIIFERTILIZER PLANTS

    62.7850 Identification of plan-Negativedeclaration.

    The State Department of Healthand Social Services submitted on Octo-ber 31, 1977, a letter certifying thatthere are no existing phosphate fertil-izer plants in the State subject to Part60, Subpart B of this Chapter.

    Subparts HH-KK [Reserved]Subpart LL-OkIahoma

    FLUOlRE EMISSIONS PROM PHOSPHATEPERTILZER PLANTS

    62.9100 Identification of plan-Negativedeclaration.

    The State Department of Healthsubmitted on October 25, 1977, a lettercertifying that there are rio existingphosphate fertilizer plants in theState subject to Part 60, Subpart B ofthis Chapter.

    Subparts MM-XX TReserved]Subpart YY-Wisconsin

    FLUORIDE EMISSIONS PROM PHOSPHATEFERTrIZER PLANTS

    62.12350 Identification of plan-Nega.tive declaration.

    The State Department of NaturalResources submitted on May 24, 1977,a letter certifying that there are no

    existing phosphate fertilizer plants inthe State subject to Part 60, SubpartB of this Chapter.

    Subparts ZZ-DDD [Reserved][FR Doc. 78-18814 Filed 7-7-78 8:46 am]

    [6560-011][40 CFR Part 1301

    (FRL 905-8)WATER QUALITY STANDARDS

    AGENCY: Environmental ProtectionAgency.ACTION: Statement of current Policyand advance notice of proposed rule-making.SUMMARY: Water quality standardsmay form the basis for enforceable re-quirements under the Clean WaterAct. In the notice below, EPA summa-rizes its current policy for the develop-ment of water quality standards andits preliminary thoughts for a revisedapproach. EPA's contemplated ap-proach would result in (a) more strin-gent water quality standards than cur-rently exist in-many States, and in (b)water quality standards for many pol-lutants which are not subject to exist-ing State standards. EPA is contem-plating a revised approach in order toassure achievement of the CleanWater Act's goals and to Comply witha court order. EPA will consider writ-ten comments on its contemplated ap-proach before formulating proposedregulations.DATES: Written public commentsshould be submitted to the personlisted immediately below by Septem-ber 8, 1978.FOR FURTHER INF6RMATIONCONTACT: Kenneth M. Mackenthun,Director, Criteria and Standards Divi-sion (WH-585), Office of Water Plan-ning and Standards, U.S. Enviromnen-tal Protection Agency, 401 M StreetSW, Washington, D.C. 20460 tele-phone 202-755-0100.

    I. BACKGROUNDWater quality standards play an im-

    portant role in the basic scheme of theClean Water Act, 33 U.S.C. 1251 et-seq,Under section 301(b)(1)(C) of the act,water quality standards may dictatethe enforceable discharge limitationfor an industrial or municipal polluter,Water quality standards may alsoform the basis for the areawide plan-ning requirements under section 208.Water quality standards may thus betranslated into enforceable require-ments not only for "point" sourcessuch as industrial and municipal dis.chargers, but also for "nonpoint"sources such as agricultural, silvicul-tural, and construction activities,

    Congress has directed in section101(a)(2) that by July 1, 1983, water

    FEDERAL REGISTER, VOL 43, NO. 132-MONDAY, JULY 10, 19781

    29588