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Citation: 43 Fed. Reg. 1341 1978 

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RULES AND REGULATIONS

f) A description of the effect of the

facility in terms of type and quantity

of pollutants; contaminants, wastes, or heat, removed, altered, stored, dis-.

posed of, o~r prevented by the facility.

(g) If the facility performs a function other than removal, alteration,

storage, prevention, or disposal of pollutants, contaminants, wastes, or heat, a description 6f all functions performed by the facility, including a rea- sonable identification of the costs of

the facility allocable to removal, alteration, storage, prevention, or disposal

of pollutants, contaminants, wastes, or heat and a description of the reason- ing and accounting method or methods used to arrive at the allocation.

* * * * *

(n) The percentage (if any, and if

the taxpayer claims that the percentage is 5 percent or less) by which the

facility (1) increases the output or ca- pacity, (2) extends the useful life, or (3) reduces the total operating costs of

the operating unit of the plant or other .property most directly associated with the pollution control facility.

and a description of the reasoning and

accounting method or mhethods used to

arrive at this percentage.

(o) Such other information as the'

Administrator deems necessary for

certification.

(5) By revising subparagraphs (2)

and (3) of paragraph (a); subparagraphs- (1), (2), and (3) of paragraph

(B); paragraph (d); and paragraph (e)

of § 20.8 to read as follows:

§ 20.8 Requirements of certification

(a) * • •

(2) That the facility (i) Removes,

alters, disposes of, stores, or prevents

the creation of pollutants, contaminants, wastes, or heat, which, but for

the facility, would be released into the

environment;

(ii) Does not by a factor or more than 5 percent: (A) Increase the

output or capacity, (B) extend the

useful life, or (C) reduce the total op- erating-costs of the operating unit (bf

the plant or other property) most directly associated with the pollution

control facility; and

(iii) Does not significantly alter the

nature of the manufacturing or production process or facility.

(3) The applicant is in compliance

with all regulations of Federal agencies applicable to use of the, facility,

including conditions specified in any

NPDES permit.issued to the applicant

under section 402 of the Act.

(b) * * *-

(1) All applicable water quaiity standards, including water quality criteria

and plans of implementation and en- forcement established pursuant to sec- tion -303 of the Act or State laws or regulations;

(2) Decisions issued pursuant to sec- tion 310 of the Act;

(3) Water pollution control pro-'

grams required pursuant to any one or more of the following sections of the

Act: Section 306. section 307. section

311, section 318, or section 405; or in

order to be consistent with a plan

under section 208. -

(d) A facility that removes elements or compounds from fuels that would

be released as pollutants when such

fuels are burned is eligible for certification if the fhcllty is-

(1) Used in connection with a plant or other property in operation before

January 1, 1976 (whether located and

used at a particular plant or as a cen- tralized facility fof" one or more plants), and

(3) Is otherwise eligible for certification.

(e) Where a facility is used in con- nection with more than one plant or other property, one or more of which were not in operation before January

1, 1976. or where a facility wil perform a function other than the remov- al, alteration, storage, disposal, or prevention of pollutants, contaminants.

wastes, or heat, the Regional Administrator will so indicate on the notice of

certification and will approve or disapprove the applicant's suggested

method of allocating costs. If the Regional Administrator disapproves the

applicant's suggested method, he shall

identify the proportion of costs allocable to each such plant, or to the re- moval, alteration, storage, disposal, or prevention of pollutants, contaminants, wastes, or heat.

(90 Stat 1905 (See. 2112 of Pub. L. 94-455.

Oct. 4, 1976). 80 Stat. 379; (26 U.S.C. 169, 5

U.S.C. 301).)

NoT,.-The EPA has determined that this

document does not contain a mrjor regula- tion requiring preparation of an Economic

Impact Statement under Executive Order

11821, as amended by Executive Order

11949. and OMB Circular A-107.

Dated: December 28, 1977.

DOUGLAS M. CosmLr_

Administrator.

[FR Doc. 78-324 Filed 1-6-78; 8:45 am]

[6560-01]

EFRL 823-5]

PART 52-APPROVAL AND PROMULGATION

OF IMPLEMENTATION PLANS

Air Pollution Control, Stale Regulations, Slate

of Nevada

AGENCY: Environmental Protection

Agency (EPA).

ACTION': Final rulemaking.

SUMMARY: It is the purpose of this

action to approve, with exceptions,

amendments to the Nevada Air Quality Regulations (NAQR) submitted to

1341

EPA by the Governor on February 20, June 14, and November 12, 1974; and

October 31. 1975 as revisions to the Air

Quality Implementation Plan for the

State of Nevada. The amendments

pertain to motor vehicle inspection and testing, power plants, public availability of emission data, and other

miscellaneous items. Action was pro- posed in the FEERAL REGISTER Ol

August 15. 1975 and May 20, 1977.

EFFECTIVE DATE: February 8, 1978.

FOR FURTHER INFORMATION

CONTACT'

Allyn M. Davis, Director, Air and

Hazardous Materials Division, Attn.:

Morris L Goldberg, Air Programs Branch, EPA Region IX, 215 Fremont Street, San Francisco, Calif.

94105, telephone 415-445-7473.

SUPPLEMENTARY INFORMATION:

BACKGROUND

On November 12, 1974 the Governor

of Nevada submitted amendments to

the NAQR as revisions to the State

Implementation plan (SIP). On August 15. 1975 (40 FR 3440S) EPA proposed approval of four regulations of this

submittal. Final action has been taken

on all other items except as noted in

this rulemaking. Also on February 20 and June 14,

1974; and October 31. 1975 the Governor of Nevada submitted amendments

to the NAQR as revisions to the SIP.

On May 20, 1977 (42 FR 25878) EPA

proposed approval, with exceptions, of

the items submitted in these revisions.

Both of the proposed rulemaking notices provided for a 30-day public comment period. Copies of the regulations proposed for approval and disapproval, the EPA evaluation reports and the

proposed rulemaking notices were

made available during the public comment periods at Carson City, Nev. and

at the EPA offices in San Francisco,

Calif. and Washington, D.C. In addition. the information for the May 20,

1977 notice was also made available in

Reno and Las Vegas, Nev.

DIscussIou oF AcTiox

Pursuant to Section 110 of the Clean

Air Act, as amended, and 40 CFR Part

51. the Administrator is required to

approve or disapprove revisions to the

SIP.

Differences from the proposed actions. Final rulemaking differs from

that proposed on August 15, 1975 and

May 20, 1977 because of public comment. Two comments were received on

the State regulations, each attributing

to a change from the actions proposed. The comments addressed particulate emission limitations applicable to

Basic. Inc. and the State's odor regula- tion. As a result of the comments no

final action is being taken on the

three regulations.

FEDERAL REGISTER, VOL 43, NO. 5-MONDAY, JANUARY 9, 1978
RULES AND REGULATIONS

PUBLIC COMMENTS

1. Particulate Matter Emission Limitations Applicable to Basic, Inc. In re- sponse to the August 15, 1975 pro- posed approval of NAQR, Articles 7.2.5

and 7.2.6, the commentor recommended that the proposed approval of the

subject regulations be rescinded. The

proposed approval was based on air

quality diffusion modeling berformed

by.the State which intended to show

that the National Ambient Air Quality Standards (NAAQS) for particulate

matter would be attained and maintained as a result of compliance with

the new emission limitations. The

commentor providied data showing

that violations of the applicable

NAAQS have continued even after

control equipment was installed for

the purpose-of meeting the new emission limitations. The commentor also

pointed out that the emission limitations are not sufficiently stringent to

require the installation of reasonably

available control technology (RACT).

2. Odor Regulations. In response to

the May 20, 1977 proposed approval of

the revision to NAQR, Article 10.1, one commentor recommended that no action be taken on the revision and

that the previous approval be rescinded. The regulations do not relate to

the control of pollutants for which

NAAQS have been promulgated, no demonstration of the effect of this

regulation is possible, and the regula- tibn is unenforceable.

As a result of the public comments no action is being taken on NAQR, Articles 7.2.5 and '7.2.6 applicable to

Basic, Inc. and NAQR, Article 10.1 re- garding odors. EPA will address Articles 7.2.5 and 7.2.6 in a separate FEDERAl; REGISTER notice. EPA is also re- tracting itd proposed approval of revisions to Article 10.1 and will propose

to rescind the previous approval in a separate FEDERAL REGISTER notice.

Approvals, disapprovals, non-actions

and rescissions, as proposed. Final ru- lemaking on State regulations is identical to that proposed on August 15,

1975 and May 20, 1977 with the excep- tion of those items discussed above.

Approval is being promulgated for all

items except those discussed in response to public comments and those

proposed for disapproval or nonaction.

1. Disapproval Actions-(a) State

Regulations. Disapproval is being pro- mulgated for NAQR, Article 2.11.4.2 on public hearings on the renewal of

variances.

(b) Control Strategy Portions of the

SIP. Disapproval is being promulgated

for the control strategy for carbon

monoxide and hydrocarbons/photo- chemical oxidants in the Nevada portion of the Clark-Mohave Interstate

Air Quality Control Region (Las Vegas

area).

2.-Non-Actions-(a) Plan Revisions.

No action is being taken through this

notice on any portion of the February 20 and June 14, 1974 revisions because

they have been superseded by the October 31, 1975 revision.

(b) State Regulations. No action is

being taken on the following regula- tions from the November 12, 1974 and

October 31, 1975 revisions.

i. NAQR, Articles 1.14 and 13 on complex sources,

ii. NAQR, Articles 7.2.5 and 7.2.6 on particulate emissions applicable to

Basic, Inc.,

iii. NAQR, Article 8.1.3 on sulfur

emissions from existing copper smelters,

iv. NAQR, Article 10.1 on odors, dnd v. NAQR, Article 14 6n supplementary control systems. 3. Rescission Aations. Action is being taken to rescind previous disapproval actions promulgated by EPA. In each

instance the State has revised the disapproved element of the SIP. EPA is

approving the applicable regulations.

The following are affected:

(a) State Regulations. The May 31,

1972 (37 FR 10878) and September 26,

1974 (39 FR 34537) disapproval of

NAQR, Article 2.7.1 on the public

availability of emission data is being rescinded because the October 31, 1975

revision to this regulation is being ap- proved. EPA is therefore rescinding

the disapproval of NAQR, Article 2.7.1

at 40 CFR 52.1473(a), as it affects portions of the State other than Washoe

County, and at 40 CFR 52.1473(c). (b) State Regulations. The May 14,

1974 (38 FR 12708) disapproval of the

emergency episode portion -of the SIP

relating to open burning is being re- scinded because the November 12, 1974

revision to NAQR, Articles 5.2.3 and

5.2.4 on open burning are being ap- proved., EPA is therefore rescinding the disapproval at 40 CFR 52.1477(a)

relating to open burning during emer- gency episodes.

Miscellaneous clarifying changes to

the Code of Federal Regulations

(CFR). The Identification of plan sec- tion (40 CFR 52.1470) applicable to

Nevada is being revised through this

notice for the following reasons. Revisions are being made to 40 CPR

52.1470 at (c)(6) through (c)(9) fofclarification purposes. These changes

correct the name of the State's regula-. tions and the nomenclature of regula- tions in same, and insert 'numerical

identifications for the various regula- tions already included in the various

subparagraphs. Also, a revision at

(c)(8) and an addition at (c)(11) are being made as dictated by this final

rulemaking.

(Sees. 110, 301(a), Clean Air Act as amended

(42 U.S.C. 1857e-5, 1857g(a)), respectively.)

Dated: December 28, 1977.

DOUGLAS M. COSTLE,

Administrator.

Subpart DD of Part 52 of Chapter 1,

Title 40, of the Code of Federal Regulations is amended as. follows:

Subpart DD-Nevada

1. In § 52.1470, paragraph (c) is

amended by the revision of subpara. graphs (6), (7), (8), and (9) and by the

addition of subparagraph (11) as follows:

§ 52.1470 Identification of plan.

(C) * * *

(C)

(6) Amendments to the Nevada Air

Quality Regulations (NAQR), to regu- late the construction of complex sources (Article 13), submitted on April 1, 1974, by the Governor.

(7) Amendments to .the NAQR to

regulate sulfur emissions from nonfer- rous smelters (Article 8.1); to regulate and monitor visible, emissions from

stationary sources (Article 4); and to

allow supplementary control systems (Article 14), submitted on June 14,

1974, by the Governor.

(8) Amendments to the NAQR to

regulate open burning (Article 5.2.3

and 5.2.4), and to regulate the con-'

struction of complex sources (Article 13), submitted on November 12, 1974,

by the Governor.

(9) Administrative procedures, for

the review of complex sources submit.

ted on December 11, 1974, by the Governor's representative.

(11) Amendments to the NAQR, as amended through September 18, 1975,

submitted on October 31, 1975, by the

Governor, as follows:

Article 1-Definitions: 1.6-1.13, 1.15-

1.33, 1.35-1.69;

Article 2-General Provisions: 2.4.1-

2.4.4, 2.5.1, 2.5.2, 2.5A, 2.6.1-2.6.4, 2.7.1,

2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-

2.9.7, 2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;

Article 3-Registration Certificates

and Operating Permits: 3.1.3, 3.1.5,

3.1.6, 3.1.8a. & d-l, 3.1.9, 3.2.2-3.2.6,

3.3.2, 3.3.5, 3.4.1, 3.4.6-3.4.14;

Article 4-Visible Emissions From

Stationary Sources: 4.1, 4.2, 4.3.5, 4.4-

4.4.2;

Article 5-Open Burning: 5.2.3, 5.2.4;

Article 6-Incinerator Burning: 6.3-

6.6.2;

Article 7-Particulate Matter: 7.1.3,

7.2.1-7.2.3, 7.3.1-7.3.3;

Article 8-Sulfur Emissions: 8.1.1,

8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;

Article 9-Organic Solvent, Other

Volatile Compounds: 9.1, 9.2-9.2.1.1,

9,2.2, 9.2.3;

Article 10-Odors: 10,2.1.1, 10.2.1.2;

Article 11-Mobile Equipment: 11.3- 11.7.1, 11.7.4-11.7.5, 11.10, 11.10.1,

11.11-11.14.17.

2. In § 52.1473, the first sentence of

paragraph (a) is revised and paragraph

.(c) is revoked as follows:

§ 52.1473 General requirements.

(a) The requirements of § 51.10(e) of

this chapter are not met in Washoe

County, since the plan does not proFEDERAL REGISTER, VOL 43, NO. S-MONDAY, JANUARY 9, 1978

1342
vide procedures for making emission

data, as correlated with allowable

emissions, available to the public. ***

(b) * * * (c) [Revoked]

3. Section 52.1477 and paragraph (a)

of that section are revoked as follows:

§ 52.1477 [Revoked]

(a) [Revoked]

4. Section 52.1484 and paragraph (a)

of that section are added as follows:

§ 52.1484 Control strategy. Carbon monox- ide.

(a) The requirements of § 51.14 of

this chapter -ard not met since the plan

does not provide for the attainment

and maintenance of the national standards for carbon monoxide in the

-Nevada (Las Vegas area), portion of

the Clark-MohaVe Interstate Region (Q 81.80 of this chapter).

5. Section 52.1486 and paragraph (a)

of that section are added as follows:

§ 52.1486 Control strategy: -Hydrocarbons'

and photochemical oxidants.

(a) The requirements of § 51.14 of

this chapter are not met since the plan

does not -provide for the attainment

and maintenance of the national stan-

.dardfor photochemical oxidants in

the Nevada (Las Vegas area), portion

of the Clark-Mohave Interstate

Region (Q 81.80 of this chapter).

6. Section 52.1487 and paragraph (a)

of that section are added as follows:

§ 52.1487 Public hearings.

(a) The requirements of § 51.4(a)(2)

of this chapter are not met since

NAQR, Article 2.11.4.2 allows var- iances (compliance schedules), to be

renewed without a public hearing,

thus allowing further postponement

'of the final compliance date for

sources-whose emissions contribute to

violations of the national standards.

Therefore, NAQR, Article 2.11.4.2 is

disapproved.

, [FR Doc. 78-326 Filed 1-6-78; 8:45 am]

[6560-01]

SUBCHAPTER N-EFFLUENT UMITATIONS,

GUIDELINES, AND STANDARDS

[FRL 839-4]

PART 458-CARBON BLACK MANUFACTURING

POINT SOURCE CATEGORY

Effluent Limitations Guidelines, New Source

Performance Standards, and Pretreatment

Standards

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: On. May 18, 1976, the Environmental Protection Agency proRULES AND REGULATIONS

mulgated, in interim final form, effluent limitations guidelines for the

Carbon Black Manufacturing Point

Source-Category, 40 CFR Part 458. In

addition, on that date it proposed other effluent limitations guidelines,

new source performance standards, and pretreatment standards for new

sources.

With the exception of effluent Uraltations guidelines for the furnace

black process subcategory (subpart A), the interim final regulations and pro.

posed regulations are today promul- gated in the identical form as they

were proposed or promulgated on May 18, 1976. The effluent limitations

guidelines based upon the use of the

best practicable control technology currently available for the furnace

process subcategory (subpart A), have

been withdrawn.

The effluent limitations guidelines and new source performance standards

issued today, when applicable, will be

incorporated in National Pollutant

Discharge Elimination System permits issued by Federal EPA or by States

with approved programs.

DATE: January 9, 1978.

FOR FURTHER INFORMATION

CONTACT.

Harold B. Coughlin, Effluent Guidelines Division, (WH-552), Environmental Protection Agency, 401 M

Street SW., Washington, D.C. 20460,

202-426-2560.

SUPPLEMENTARY INFORMATION:

The Environmental Protection Agency today promulgates regulations pursuant to sections 301, 304, 306. and 307 of

the Fed~?al Water Pollution Control

Act, as amended, Pub. L. 92-500, for

four subcategories of the 40 CFR Part

458, Carbon Black Manufacturing Point Source Category. These subcate-&

gorles are the carbon black furnace

process (subpart A), the carbon black

thermal process (subpart B), the

carbon black channel process (subpart C), and the carbon black lamp black

process (subpart D). With respect to

subparts B-D (thermal process, channel process, and lamp process), the

regulations are being promulgated in

forms unchanged from the regulations proposed or published in interim final

form for these subparts on May 18.

1976 (41 FR 20496 et seq. and 41 FR

20502 et seq.). The Agency received

only one comment with respect to subpart B and no comments with respect

to subparts C or D. The focus of criticism of the effluent

limitations guidelines, announced in

interim final form on May 18, was

with respect to the carbon black furnace process (subpart A). The major change announced today is with respect to those regulations. The effluent limitations guidelines based upon the application of best practicable con -

1343

trol technology currently available for

the carbon black furnace process, subpart A. is being withdrawn. Furthermore, the effluent limitations guide- lines based upon the use of best available technology economically achievable for the carbon black furnace pro- cess is being promulgated in final form as no discharge of process waste water, as defined below. The new source per- formance standards and pretreatment

standards for new sources are un- changed from the forms proposed on May 18.

SUMUARY AND BASIS OF REGULATIONS

Following the May 18 promulgations

of interim final effluent limitations

guidelines based on the use of best

practicable technology currently available (BPT), petitions for review were filed in the United States Court of Ap- peals for the Fifth Circuit (No. 76-

3051), by Ashland Oil, Inc., Cabot

Corp., Cities Service Co., Continental

Carbon Co., and Phillips Petroleum.

Co. After the filing of this action on July 28, 1976, the petitioners submitted a substantial amount of new information to the Agency, and both par- ties to the action conducted several

meetings to discuss factual contentions with respect to-the BPT regula- tions. The Agency- also reviewed all

outstanding National Pollutant Discharge Elimination System (NPDES), permits to determine the present

extent of discharges from the facilities

which fall within subpart A of part 458. This review indicated that there was only one manufacturing facility with a point source discharge which

did not possess an NPDES permit. It was determined that for all other

point sources covered by subpart A,

the NPDES permits would expire at

the earliest in 1978, and that the BPT

regulations would, in effect, apply to

only one facility.

After carefully reviewing recent

monitoring information submitted by

the companies and by EPA Region VI

(Dallas. Tex.), the Agency determined

that little environmental degradation

would occur if the BPT regulations were withdrawn and the effluent limitatons guidelines based on the use of

best available technology economically achievable (1983 level technology), were promulgated, as proposed, to re- quire zero discharge by the date set

forth in section 301(b)(2)CA) of the

act. Today's announcement executes an agreement which resolves the litigation in the Fifth Circuit and which,

in effect, means that when dischargers

apply for renewal of NPDES permits they will be placed on a schedule

which will result in zero discharge of

process waste waters by the date set

forth in section 301(b)(2)(A) of the

act. Of course, dischargers which are presently achieving zero discharge or which discharge small amounts of proFEDERAL REGISTER, VOL 43, NO. 5-MONDAY, JANUARY 9, 1978