Federal Register / Vol. 50, No. 118 / Wednesday, June 19, 1985 / Rules and Regulations

For each $I of annual income of each parent

The $190 monthly Wh rate sh hhichmr BUt not more tan reduced by than

.08 1,200 6,493

No DIC is payable under this paragraph

if annual income exceeds $6,493.

(d) Two parents living together or remarried parents living with spouses.

(1) The rates in this paragraph apply to:

(i) Each parent living with another

parent; and

(ii) Each remarried parent, when both

parents are alive. The monthly rate of

DIC paid to such parents will be $179,

reduced on the basis of the combined

annual income of the two parents living

together or the remarried parent or

parents and spouse or spouses, as

computed under the following formula:

For each $1 of combined annual income

The $179 monthly rate =*Vy shal be Which thanIs more Bu not more than

reduced by ____

$0.00 0 $1.000 .03 1,000 1.800

.04 1,800 2,300

.05 2300 2800 .06 2,800 3,300

.07 3,300 3,800

.08 3.800 8,731

No DIC is payable under this paragraph

if combined annual income exceeds

$8,731.

(e) Aid and attendance. The monthly

rate of DIC payable to a parent under

this section shall be increased by $140 if

such parent is: (1) A patient in a nursing

home, or (2) helpless or blind, or so

nearly helpless or blind as to need or

require the regular aid and attendance

of another person.

4. Section 3.26 is revised to read as

follows:

§ 3.26 Section 306 and old-law pension

annual Income Ilmitations.

(a) Section 306 pension income

limitations. (1) Veteran or surviving

spouse with no dependents, $8,493.

(2) Veteran with no dependents in

need of aid and attendance (38 U.S.C.

521(d), as in effect on December 31,

1978), $6,993.

(3) Veteran or surviving spouse with

one or more dependents, $8,731.

(4) Veteran with one or more

dependents in need of aid and

attendance (38 U.S.C. 521(d), as in effect

on December 31, 1978), $8,231.

(5) Child (no entitled veteran or

surviving spouse), $5,306.

(b) Old-law pension income

limitations. (1) Veteran or surviving

spouse without dependents or an

entitled child, $5,683.

(2) Veteran or surviving spouse with

one or more dependents, $8,197.

5. In § 3.262, paragraph (b)(2) is

revised to read as follows:

§ 3.262 Evaluation of Income.

(b) Income of spouse.

(2) Veterans. The separate income of

the spouse of a disabled veteran who is

entitled to pension under laws in effect

on June 30, 1960, will not be considered.

Where pension is payable under section

306(a) of Pub. L. 95-588, to a veteran

who is living with a spouse there will be

included as income of the veteran all

income of the spouse in excess of

whichever is the greater, $2,068 ($1,998

after November 30, 1983 and before

December 1, 1984) or the total earned

income of the spouse, which is

reasonably available to or for the

veteran, unless hardship to the veteran

would result. The presumption that

inclusion of such income is available to

the veteran and would not work a

hardship on him or her may be rebutted

by evidence of unavailability or of

expenses beyond the usual family

requirements. (38 U.S.C. 521(f); sec.

306(a)(2)(B) of Pub. L. 95-588)

[FR Doc. 85-14700 Filed 6-18-85; 8:45 am]

BILUNG CODE 8320-01-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A-9-FRL 2846-8]

Approval and Promulgation of

Implementation Plans; Sacramento

County Air Pollution Control District,

Air Pollution Control Regulations,

State of California

AGENCY Environmental Protection

Agency (EPA).

ACTION: Notice of final rulemaking.

SUMMARY: This notice approves Rule 202

of the Sacramento County Air Pollution

Control District, a New Source Review

Rule. Sacramento County adopted the

Rule to satisfy conditions on the

approval of its previous NSR Rule and to

obtain authority from EPA to issue

permits for PSD. The Rule defines

requirements for building and modifying

stationary sources of air pollution. It

applies to both attainment and

nonattainment pollutants, so that it

addresses the federal requirements for

both NSR and PSD. This notice also removes a condition placed on approval

of the District's NSR Rule in 1982 and

rescinds EPA's PSD authority for most

sources.

EFFECTIVE DATE: July 19, 1985.

Copies of the rule are available for

public inspection during normal

business hours at the EPA Region IX

office at the address below and at the

following other locations:

EPA Library, Public Information

Reference Unit, 401 "M" Street, SW.,

Washington, D.C. 20460

Office of Federal Register, 1100 "L"

Street, N.W., Room 8401, Washington,

D.C.

California State Air Resources Board,

Technical Support Division, 1131 "S"

Street, Sacramento, CA 95814

Sacramento County Air Pollution

Control District, 3701 Branch Center

Road, Sacramento, CA 95827

FOR FURTHER INFORMATION CONTACT.

Mark Brucker, Air Management

Division, Environmental Protection

Agency, Region IX, 215 Fremont Street,

San Francisco, CA 94105, (415) 974-

7657/{FTS 454-7657).

SUPPLEMENTARY INFORMATION: This

portion of the notice has four sections:

Background, Supplementary Revisions

(which discusses new submittals from

the District), EPA Actions, and the

Regulatory Process. There is no Public

Comments section because there were

no comments on the proposed action.

Background

On July 1, 1982, (47 FR 28617), EPA

approved the Nonattainment Area Plan

and NSR Rule for Sacramento County,

subject to certain conditions. EPA

required the District to revise its NSR

Rule to meet EPA's regulations of

August 7, 1980 (40 CFR 51.18).

EPA requires NSR Rules for pollutants

which are designated as not meeting the

National Ambient Air Quality

Standards. PSD rules apply to pollutants

for which an area is designated

attainment. The County is designated

attainment by EPA for sulfur dioxide

and nitrogen dioxide. Ozone and

particulates are designated

nonattainment throughout the area.

Carbon monoxide is designated

nonattainment only in the Sacramento

Metropolitan area.

Sacramento adopted a new Rule 56 in

1982 to satisfy the NSR condition and to

secure full authority from EPA for

issuing PSD permits. The Rule was

based on the NSR/PSD Rule developed

by the California Air Pollution Control

Officers' Association (CAPCOA) and

the California Air Resources Board. It

combines NSR and PSD in a single

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25418 Federal Register / Vol. 50, No. 118 / Wednesday, June 19, 1985 / Rules and Regulations

program and was written to satisfy

EPA's regulations.

In a notice dated June 21, 1983, EPA

proposed to approve Rule 56 (48 FR

28288). It also proposed to remove the

NSR condition and to rescind EPA's PSD

authority in the Sacramento area.

This was done because though the

rule did not fully and completely satisfy

EPA's regulations it was very close to

doing so. In addition, EPA had received

commitments from the District to

remedy the remaining problems. The

problems EPA reported are described

below and the actions taken since then

to remedy the problems are described in

the Supplementary Revisions section.

EPA's review of the Rule found minor

deviations from EPA requirements. The

problems were:

(1) The Rule failed to conform to

EPA's restrictions on crediting

shutdowns.

(2) The Rule allowed credits for

transportation offsets without adequate

assurance of consistency with RFP.

(3) The District did not have an

approved method of analyzing

increment consumption.

Supplementary Revisions

Sacramento revised its Rule on

November 20, 1984, and ARB submitted

the revisions on February 6, 1985. The

rule has been renumbered from 56 to

202. However, the content of the rule is

still extremely similar to the rule that

EPA proposed to approve. Some

changes have been made to satisfy EPA

requirements and to clarify the Rule.

EPA has prepared a detailed Evaluation

Report which assesses the Rule. It

describes how problems have been

corrected or been shown by new

evidence not to be problems. The

Evaluation Report is available at the

EPA Region IX office listed above.

With respect to the three major

problems cited in the 1983 notice and

described above, the following actions

were taken:

(1) The District revised the rule to

restrict credit for shutdowns.

(2) The District revised the rule to

require EPA approval for use of any

transportation offsets.

(3] The District revised the Rule to

require analysis of increment

consumption using EPA models.

The actions taken by the District on

these three issues satisfy EPA's

requirements.

One additional issue arose'after the

1983 notice. Two court decisions

concerning stack heights led EPA to

,impose new restrictions on PSD rules. In

response to EPA's resulting policy the

District has cooperated by revising their

Rule to prohibit credit for stacks from

exceeding that allowed by "good

engineering practice." EPA and the

District have also agreed that EPA will

retain PSD permitting authority for

sources which are major under EPA's

regulation and which would either have

stacks higher than 65 meters or which

plan to use dispersion techniques, as

defined by EPA. When EPA issues its

final stack height regulations the District

can adopt requirements to satisfy the

regulations and EPA would then be able

to drop its permitting of those sources

and leave sole authority for permitting

with the District.

EPA finds that Rule 202 meets the

applicable requirements of the Clean Air

Act and EPA regulations and policy,

with a few exceptions. In those cases

EPA is either retaining authority over

the sources itself or is excluding the

sections of the rule which present

problems from this approval.

1. State law requires the District to

issue permits for cogeneration and

resource recovery sources even if their

emissions would cause PSD increment

violations. In order to protect the

increments, EPA will retain authority for

permitting such projects. EPA will have

the authority to disapprove the projects

or to require sufficient mitigation to

prevent increment violations.

2. For sources subject to stack height

restrictions the District has no way to

remedy the problem. EPA is therefore

maintaining its authority to require

permits for those sources under PSD.

EPA is also deferring action on the stack

height restrictions in the rule under NSR.

EPA cannot take any action until its

final stack height regulations are

published, at which time it will address

stack heights in Sacramento.

3. Rule 202 partially exempts

cogeneration and resource recovery

sources from offset requirements. EPA is

taking no action on those exemptions as

they apply to volatile organic

compounds (VOC] and nitrogen oxides

(NO.). The exemptions cannot be

approved because they weaken the SIP

and because they violate Clean Air Act

requirements for NSR. They cannot be

disapproved in this notice, however,

because EPA has not proposed

disapproval. EPA had not realized at the

time of proposing action on the NSR/

PSD Rule that the 1982 Plan would fail

to demonstrate attainment of the ozone

standard. EPA will propose action on

those exemptions in a separate

rulemaking within the next several

months.

The exemptions would weaken the

SIP by removing the protection for

standards that is included currently.

They also violate the Act's requirement

that NSR rules be consistent with RFP.

The 1982 NAP failed to demonstrate

attainment of the ozone standard by the

deadline of 1987. EPA cannot approve

exemptions for pollutants which

contribute to standards violations which

cannot be remedied by 1987. VOC and

NO. are both precursors to ozone and

are both implicated in Sacramento's

ozone pollution problem.

4. EPA is taking no action on Sections

109 and 229 of the rule. These sections

would provide offset exemptions to food

processors. Those provisions were not

included in the rule on which EPA

proposed action in 1983, so EPA will

have to prepare a separate notice which

does propose action. That notice will be

issued within the next several months.

EPA cannot approve the exemption

because it weakens the existing SIP.

EPA Actions

In this notice, EPA is taking three

actions:

1. EPA is approving Rule 202 under

Section 110 of the Clean Air Act and

Parts C, Subpart 1 (PSD) and D (NSR)

and is incorporating it into the

California State Implementation Plan

(SIP, with the following exceptions:

a. Sections 104 and 105 as they pertain

to VOC and NO,

b. Sections 109 and 229, and

c. the portion of Section 405 which

addresses stack heights, as it pertains to

NSR.

EPA will address the stack height

issue when it has issued final stack

height regulations and will propose

action on the other items within the next

several months.

2. EPA is removing the condition

placed on Sacramento's NSR Rule on

July 1, 1982, requiring conformance with

40 CFR 51.18. The condition has been

satisfied by Rule 202.

3, EPA is rescinding 40 CFR 52.270,

except for a) major cogeneration sources

and modifications which would cause

increment violations, b) sources subject

to stack height credit restrictions, and

(c) those sources which have EPAissued PSD permits, which EPA will

continue to enforce. Rescinding 52.270

eliminates EPA's PSD permitting

authority in the Sacramento area except

for those sources.

Regulatory Process

The Office of Management and Budget

has exempted this rule from the

requirements of Section 3 of Executive

Order 12291. Under 5 U.S.C. Section

605(b). I certify that this SIP revision will

not have a significant economic impact

on a substantial number of small

entities. (See 46 FR 8709). Incorporation

by reference of the State

HeinOnline -- 50 Fed. Reg. 25418 1985
Federal Register / Vol. 50, No. 118 / Wednesday, June 19, 1985 / Rules and Regulations

Implementation Plan for the State of

California was approved by the Director

of the Federal Register on July 1, 1982:

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 (60 days from

today). This action may not be

challenged later in proceedings to

enforce its requirements. (See 307(b)(2)).

List of Subjects in 40 CFR Part 52

Air pollution control agency,

Incorporation by reference, Ozone,

Sulfur oxides, Nitrogen dioxide, Lead,

Particulate matter, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations.

Dated: May 24, 1985.

Lee M. Thomas,

Administrator.

Subpart F of Part 52, Chapter I, Title

40 of the Code of Federal Regulations is

amended as follows:

Subpart F-California

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401-7642.

2. Section 52.220 is amended by

adding paragraph (c)(159) to read as

follows:

§ 52.220 Identification of plan. *r * * * *

(c) * *

(159) Revised regulations for the

following APCD's were submitted on

February 6, 1985 by the Governor's

designee.

(i) Sacramento County APCD.

(A) Amended Rule 202 (except for a)

sections 104 and 105 as they apply to

volatile organic compounds and nitrogen

oxides, b) sections 109 and 229, and c)

the portion of section 405 which

concerns stack heights [under NSRJ). * * * * *

3. Section 52.232 is amended by

revising the introductory text of (a)(11)

and the introductory text of (a)(11)(i) to

read as follows:

§ 52.232 Part D conditional approval.

(a) * * *

(11) Fresno County and Ventura

County nonattainment areas. (i) For ozone, CO (for Fresno County),

and PM: * * * * *

4. Section 52.270 is revised to read as

follows:

§ 52.270 Significant deterioration of air

quality.

(a) With the exception of the areas

listed in paragraph (b) of this section:

(1) The requirements of Sections 160

through 165 of the Clean Air Act are not

met in" California.

(2) The plan does not include

approvable procedures for preventing

the significant deterioration of air

quality.

(3) The provisions of § 52.21(b)

through (w) are hereby incorporated and

made a part of the applicable state plan

for the State of California.

(b) District PSD Plans. (1) The PSD

rules for the Sacramento County Air

Pollution Control District are approved

under Part C, Subpart 1, of the Clean Air

Act. However, EPA is retaining

authority to apply § 52.21 in certain

cases. The provisions of § 52.21 (b)

through (w) are therefore incorporated

and made a part of the state plan for

California for the Sacramento County

Air Pollution Control District for:

(i) Those cogeneration and resource

recovery projects which are major

stationary sources or major

modifications under § 52.21 and which

would cause violations of PSD

increments.

(ii) Those projects which are major

stationary sources or major

modifications under § 52.21 and which

would either have stacks taller than 65

meters or would use "dispersion

techniques" as defined in § 51.1.

(ii!) Sources for which EPA has issued

permits under § 52.21, including the

following permit and any others for

which applications are received by June

19, 1985.

Procter & Gamble, SAC 83-01, 5/6/83.

[FR Doc. 85-14716 Filed 6-18-85; 8:45 am]

HILLNG CODE 05C0-01-M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA 6663]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: This rule lists communities,

where the sale of flood insurance has

been authorized under the National

Flood Insurance Program (NFIP), that

are suspended on the effective dates

listed within this rule because of

noncompliance with the floodplain

management requirements of the

program. If FEMA receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The third date

("Susp.") listed in the fourth column.

FOR FURTHER INFORMATION CONTACT:

Frank H. Thomas, Assistant

Administrator, Office of Loss Reduction,

Federal Insurance Administration, (202)

646-2717, 500 C Street, Southwest,

FEMA-Room 416, Washington, D.C.

20472.

SUPPLEMENTARY INFORMATION: The

National Flood Insurance Program

(NFIP), enables property owners to

purchase flood insurance at rates made

reasonable through a Federal subsidy. In

return, communities agree to adopt and

administer local floodplain management

measures aimed at protecting lives and

new construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended (42

U.S.C. 4022) prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program (42

U.S.C. 4001-4128) unless an appropriate

public body shall have adopted

adequate floodplain management

measures with effective enforcement

measures. The communities listed in this

notice no longer meet that statutory

requirement for compliance with

program regulations (44 CFR Part 59 et

seq.). Accordingly, the communities are

suspended on the effective date in the

fourth column, so that as of that date

flood insurance is no longer available in

the community. However, those

communities which, prior to the

suspension date, adopt and submit

documentation of legally enforceable

flood plain management measures

required by the program, will continue

their eligibility for the sale of insurance.

Where adequate documentation is

received by FEMA, a notice

withdrawing the suspension will be

published in the Federal Register.

In addition, the Director of Federal

Emergency Management Agency has

identified the special flood hazard areas

in these communities by publishing a

Flood Hazard Boundary Map. The date

of the flood map, if one has been

published, is indicated in the fifth

column of the table. No direct Federal

financial assistance (except assistance

pursuant to the Disaster Relief Act of

1974 not in connection with a flood) may

legally be provided for construction or

acquisition of buildings in the identified

special flood hazard area of

communities not participating in the

NFIP and identified for more than a

year, on the Federal Emergency

Management Agency's initial flood

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HeinOnline -- 50 Fed. Reg. 25419 1985