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Citation: 55 Fed. Reg. 38326 1990

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### 38326 Federal Register / Vol. 55, No.'181 / Tuesday, September 18, 1990 / Rules and Regulations

§935.15 Approval of regulatory program amendments.

(ss) With the exception ofthe proposed amendment at OAC 1501:13- 1-02(HHHH) concerning the definition of"previously mined area" which is less stringent than the general provisions of SMCRA, and the administrative record information submitted in lieu ofa rule concerning excluding wildlife from toxic ponds which is less effective than the Federal regulations at 30 CFR 816.97(e)(4), the following amendment,

as submitted to OSM on March 1, 1989, and revised and resubmitted on February 22, 1990, is approved effective September 18, 1990. Revised Program Amendment Number 39, which consists ofrevisions to the following rules of chapter 1501 ofthe Ohio Administrative Code (OAC): 13-1-02, 13-1-03, 13-4-14, 13-5-01, 13-7-04, 13-7-05, and 13-9-11, and adds a new rule at 13-14-06.

4. In § 935.16, paragraph (b) is removed and reserved and'paragraph (a) is revised toread as follows:
§935.16 Required regulatory program amendments.

(a) ByMarch 1, 1991, Ohio shall' amend OAC 1501:13-9-11 to require that all operators fence, cover, or use other appropriate methods toexclude wildlife from ponds that contain hazardous concentrations oftoxic-forming materials.

[FRDoc. 90-22013 Filed 9-17-90; 8:45 am]

BILLING CODE 4310-05-M

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 515

Removal From Listof Specially Designated Nationals (Cuba)

AGENCY: Office ofForeign Assets Control, Department ofthe Treasury.

ACTION: Notice of removal from the list ofspecially designated nationals (Cuba).

SUMMARY: This notice removes-Sergio Garcia Palacios and Corporacion Mexicana de Asesoria, both ofMexico, from the list of Specially Designated Nationals under the Treasury Department's Cuban Assets Control Regulations (31 CFR part 515). Deletion ofSergio Garcia Palacios and Corporacion Mexicana de Asesoria is based upon a determination that they

are not specially designated nationals of Cuba.
EFFECTIVE DATE: September 18, 1990.

FOR FURTHER INFORMATION CONTACT: Richard 

### J.Hollas, Chief,Enforcement Division, Office ofForeign Assets Control.Tel: (202)566-5021. Copies of the list ofSpecially Designated Nationals are available upon request at the following location: Office ofForeign Assets Control, Department ofthe Treasury, 1500Pennsylvania Ave., NW., Washington, DC 20220.

SUPPLEMENTARY INFORMATION: Pursuant to the Cuban Assets Control Regulations (31 CFR part 515), Corporation Mexicana de Asesoria, located at Reforma No. 116-805, Col. Juarez, Mexico, and Sergio Garcia Palacios, Mexico City,were listed in theFederal Register on November 29, 1989 (54,FR 49258). It has been determined that Corporacion Mexicana de Asesoria and Sergio Garcia Palacios are not "specially designated nationals" as defined in § 515.306 ofthe Regulations; and, therefore, they are removed from the list ofSpecially Designated Nationals.

Specially Designated Nationals of Cuba, Removals

The list of Specially Designated Nationals, December 10, 1986 (51 FR 44459), as amended on November 3, 1988 (53 FR44397), January 24, 1989 (54FR 3446), March 7, 1989 (54 FR 9431), April 10, 1989 (54FR 32064), September 20, 1989 (54FR 38810), October 31, 1989 (54 FR 45730), November 29, 1989 (54 FR 49258), January 26, 1990 (55 FR-2644), April 2, 1990 (55 FR 12172), June 18, 1990 (55 FR 24556) and August 1, 1990 (55 FR 31179) is amended by removing the

names: Corporacion Mexicana de Asesoria,

Reforma No. 116-805, Col. Juarez, Mexico, D.F. Garcia Palacios, Sergio, Mexico City

Dated: August 20, 1990.

R."

Richard Newcomb,
Director,Office of Foreign Assets Control. Approved:August 24, 1990.

Peter K. Nunez,
AssistantSecretary(Enforcement).

[FR Doc. 90-21987 Filed 9-13-90; 11:16 aml

BILLING CODE 4810-25-M ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-3832-1]

State Implementation Plans;.Approval of Post-1987 Ozone and Carbon Monoxide Plan Revisions; Policy Clarification
AGENCY: Environmental Protection Agency. ACTION: Final policy.
SUMMARY: In 1981 the Environmental Protection Agency (EPA) issued policy guidance on approval ofozone (03) and carbon monoxide (CO) State implementation plan (SIP) revisions-, under part D of the Clean-Air Act (CAA). See 46FR 7182 (January 22, 1981). In that notice, EPA included guidance requiring the use of"all possible control measures" in 1982 plans providing for long-term, post-1987 attainment. Taken out ofcontext, it might appear that such guidance would

now require post-1987 plans toinclude every conceiVable control measure, including measures that would cause
severe socioeconomic disruption. To clarify EPA's original intentions and to avoid any confusion relating to criteria for approving current State plans, today's notice revokes theprovisions of the 1981 guidance requiring theuse of all possible control measures. EFFECTIVE DATE: This policy is effective September 18, 1990. FOR FURTHER INFORMATION CONTACT: For additional information on this policy contact: John Silvasi, Office of Air Quality Planning and Standards, Environmental Protection Agency (MD15), Research Triangle Park, North Carolina 27711, telephone (919) 541- 5666. SUPPLEMENTARY INFORMATION: The EPA's 1981 guidance described the contents ofapprovable plans for attainment ofthe 03 and CO national ambient air quality standards (NAAQS) under section 172(a)(2) ofthe CAA. That section provides that areas that can show that they areunable to attain the relevant NAAQS by 1982, despite the implementation of all reasonably available measures, may submit plans demonstrating attainment ofsuch standards by 1987.

In the 1981 guidance, EPA attempted to deal with areas with such severe air quality problems that,-inSIP's that were tobe submitted in 1982, States could not
even demonstrate attainment ofthe relevant NAAQS by December 31, t987,

### Federal Register / Vol. 55, No. 181 / Tuesday, September 18, 1990 / Rules and Regulations 38327

the last date forattainment specified in the CAA. TheEPA stated that in such cases, States should identify all "measures possible in a longer time 

### frame that, together with themeasures already evaluated, will result in attainment as quickly as possible after 1987." (Emphasis in original.) 46 FR7188, col. 1.The EPA indicated that this would 

### bepreferable topreparing artificial SIP's that appeared to demonstrate attainment by 1987 through measures the State neverreally intended to implement.



### As examples oftheadditional
measures thatStates could employ to meet post-1987 attainment dates,EPA referred to the list oftransportation , 

### control measures contained in section 108(f) ofthe CAA. TheEPA indicated 

### that Stateswould have to meet a higher burden in SIP's designed for a post-1987 attainment dateto demonstrate that any ofthemeasures listed in section 108(f)

were not reasonably available for 

### implementation.

The EPA's 1981 guidance on planning for post-1987 attainment was intended to provide a framework forrealistic planning that would produce attainment
as quickly as realistically.possible through implementation ofreasonable control measures that could be developed over a six-year'time period 

### and implemented without undue " socioeconomic disruption. However, the Court ofAppeals for the Ninth Circuit recently relied upon this portion of EPA's 1981 guidance in concluding that 

### after 1987all 03 and CO SIP's must provide forattainment "as soon as possible" using "every available control measure." See Delaneyv.EPA,No. 88- 7368, slip op. at 3644, April 11, 1990. The EPA has proposed an interpretation of 

### this test that would notrequire
measures with severely disruptive socioeconomic impacts, such as gas rationing and mandatory source shutdowns. However,the meaning of the Court's directive is not clear.



### TheEPA neverintended that its 1981 guidance be interpreted to require the 

### imposition ofdraconian control
measures, nor to require immediate 

### attainment after 1987 ifonly such
measures could produce it.To avoid future misinterpretation of this guidance, 

### EPA istoday.revoking those aspects of the 1981 guidance requiring the use of "all possible measures" after 1987.

The EPAinstead believes that Federal and Statepost-1987 planning (pending enactment ofnew law on-the subject) shouldattain the standard "as expeditiously as practicable," by a fixed date. Section 172(a)(2). The statute does 

### not require measures that are absurd, unenforceable, orimpracticable. Thus, 

### after 1987, EPA equates its interpretation ofthe Ninth Circuit's standard in Delaney ofattainment "as

soon as possible" absent absurd, impossible, or unenforceable measures with the statutory.test ofattainment "as expeditiously as practicable.".

Much ofthe general guidance in EPA's 1981 notice is still applicable to approval of current 03 and CO SIP's.For example, until the CAA is amended as anticipated inlight ofcurrent congressional consideration, 03 and CO plans should continue to contain all reasonably available transportation control measures, including those listed in section 108(f), as necessary to provide for attainment as expeditiously as practicable.-The EPAwishes to clarify only that its 1981 guidance shouldnotbe read as requiring nonattainment areas to impose severely disruptive measures calculated to produce immediate attainment. To this end,EPAis revoking those aspects ofthe guidance suggesting

or stating that the plans forcertain areas having difficulty attaining by.1987 "must demonstrate that all possible measures will be implemented

Specifically, EPA today revokes,the following portions ofits 1981 guidance: (1)46FR 7182, cols. 2-3, the section entitled "Attaining NAAQS After 1987"; (2)46FR7185, col. 3,the finalsentence beginning "Ifall measures

... 

### through 7186, col. 1,the carryover

. paragraph ending "effective control measures"; and (3)46 FR 7188, col. 1,the 

### last full paragraph beginning "If implementation * * " through col. 3. 

### thecarryover paragraph ending "attainment by 1987."

This policy action doesnot constitute rulemaking. The legal interpretations contained herein arenot final,and hence are not subjectto challenge as final action ofthe Administrator atthis time.To theextent EPA relies onthis policy guidance in taking any final action relating to State orFederal implementation plans in thefuture, EPA's interpretations ofrelevant law will be subject to legal challenge in the context ofa challenge to the specific final action.

Dated: September 11, 1990.
William K.Reilly, Administrator.
[FR Doc. 90-22048 Filed9-17-90: 8:45 am]

BILLING CODE 6560-50-M 40CFR Part 81
[FRL-3829-3] Designation of Areas forAir Quality Planning Purposes; Indiana

AGENCY: Environmental 

### Protection Agency (USEPA). ACTION: Final rule.
SUMMARY: On March 3,1988, (53 FR 6845) USEPA proposed to approve tne redesignation of five townships in Marion County for sulfurdioxide (S02. Today, USEPA is takinglfinal rulemaking action on the State's redesign'ation request forthree ofthese townships; Lawrence, Warren, and Washington. USEPA's action is based upon a redesignation request which was submitted by the State. EFFECTIVE DATE: This final rulemaking becomes effective on October 18, 1990. ADDRESSES: Copies ofthe SIP revision, public comments on the notice of rulemaking, and other materials relating to thisrulemaking are available for inspection at the following addresses: (It isrecommended thatyou telephone E. • Marie Huntoon at.(312) 886-6034, before visiting the Region V Office.) U.S. Environmental Protection Agency, Region V, Air and Radiation Branch, 230 South Dearborn Street, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Ms. E. Marie Huntoon, Air and Radiation Branch (5AR-26), U.S. Environmental Protection Agency, Region V, Chicago, Illinois 60604.
SUPPLEMENTARY INFORMATION: Under section 107 of the Clean AirAct (Act), USEPA has designated certain areas in each State as not attaining National Ambient Air Quality Standards (NAAQS) for SO2.For Indiana, see 43 FR 8962 (March 3, 1978), 43 FR 45993 (October 5, 1978), and 40 CFR 81.315. For these areas, Part.D ofthe Act requires that the State revise its SIP to provide for attaining the primary NAAQS by December 31, 1982. These SIPrevisions must also provide for attaining the secondary NAAQS as soon as practicable. The requirements for an approvable SIP are described in the "General Preamble" for part D rulemaking published at 44 FR 20372 (April 4,1979), 44 FR 38583 (July 2, 1979). 44 FR 50371 (August 28, 1979), 44 FR 53761 (September 17, 1979), and 44 FR .67182 (November 23, 1979).
1.Background

On March 3,1988, [53 FR 6845) USEPA proposed to approve the Indiana Sulfur Dioxide (SO 2 ) Plan for Marion County,