Federal Register / Vol. 50, No. 37 / Monday, February 25, 1985 / Rules and Regulations

with the intent of the Act or these

regulations for use of the waiver under

extraordinary circumstances, the

Secretary shall notify the Agency Head

and the Director of the Office of

Management and Budget within 5 days

of receipt of the Federal Agency notice

under § 78.4[a) of termination of the

waiver, or make appropriate

recommendations for modifications of

the waiver's use. Termination of a

waiver by the Secretary is final.

(b) If the waiver is still in effect at the

time the Federal Agency Head receives

recommendations from the Secretary,

the Agency Head shall consider the

recommendations and any comments

received from the Advisory Council and

the State Historic Preservation Officer

before deciding whether to continue,

withdraw, or modify the waiver. The

Federal Agency Head shall respond to

recommendations received from the

Secretary either accepting or rejecting

those recommendations, and, where

recommendations are rejected,

explaining the reasons for such a

decision. Information copies of such

response shall be forwarded by the

Federal Agency Head to the Advisory

Council on Historic Preservation and the

appropriate State Historic Preservation

Officer.

(c) If the waiver is no longer in effect

at the time the Federal Agency Head

receives recommendations from the

Secretary or comments from the

Advisory Council or the State Historic

Preservation Officer, the Federal

Agency Head should consider such

recommendations and comments in

similar future emergencies.

[FR Doc. 85-4457 Filed 2-22-85; 8:45 am]

BILLING CODE 4310-70-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A-9-FRL-2779-7]

Approval and Promulgation of

Implementation Plans; 1979 Plan

Conditions for California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of final rulemaking.

SUMMARY: This notice addresses 1979

plan conditions for California which

have not yet been submitted to EPA and

are past due. Specifically this notice

takes final action to remove several 1979

plan conditions and to extend the due

dates on certain other 1979 conditions of

plan approval.

EFFECTIVE DATE: March 27, 1985.

ADDRESS: A copy of the comment

received on the proposed rulemaking is

available for public inspection during

normal business hours at the EPA

Region 9 Office.

FOR FURTHER INFORMATION CONTACT:

Thomas Rarick, Chief, State

Implementation Plan Section, Air

Management Division, Environmental

Protection Agency, Region 9, 215

Fremont Street, San Francisco, CA 94105

(415) 974-7641, FTS: 454-7641.

SUPPLEMENTARY INFORMATION:

Background

On June 29, 1984 (49 FR 26764) EPA

proposed to extend the due dates on

eleven 1979 California plan conditions

and to remove two 1979 California plan

conditions. Specifically EPA proposed to

extend the due dates for five new source

review (NSR) conditions (El Dorado,

Placer, San Bernardino, San Joaquin,

and Yolo-Solano Counties), four

conditions pertaining to Kern County's

ozone control strategy, and two

conditions requiring volatile organic

compound (VOC) rules (valves and

flanges for Ventura County and cutback

asphalt for Santa Barbara County). The

two conditions proposed for removal

require a revised carbon monoxide (CO)

control strategy in Kern County and

replacement measures equivalent to

inspection and maintenance (I/M) in

Kern County for CO. These two

conditions are no longer germane to

attainment of the CO standards since

Kern County appears to be in attainment

of the standards, as evidenced by eight

quarters of violation-free CO data.

Hbwever, the adoption and

implementation of an inspection and

maintenance program is necessary to

meet the Kern County ozone plan

condition requiring a revised

demonstration of attainment.

For a detailed discussion of EPA's

policy concerning unmet 1979 plan

conditions, please refer to the June 29,

194 proposed rulemaking notice.

Supplemental Revisions

The June 29, 1984 notice proposed to

extend the due date on two less serious

VOC conditions to August 1, 1984. On

August 1, 1984 the California Air

Resources Board (CARB) submitted

Ventura County Rule 74.7 to EPA in

fulfillment of one of the conditions. The

other condition, requiring a cutback

asphalt rule for Santa Barbara County,

has not yet been addressed by a

submittal from the State. Since the

Ventura County rule has already been

submitted to EPA and the August

deadline for submittal of the Santa

Barbara cutback asphalt rule has

passed, today's notice does not take

final action to extend the due date for

these two conditions. EPA will take

action on Ventura County Rule 74.7 and

the Santa Barbara deficiency in separate

rulemaking actions.

Public Comment

EPA received one comment on its June

29, 1984 proposed rulemaking nqtice.

Chevron USA, Incorporated commented

on the four conditions relating to Kern

County's ozone plan. In addition,

Chevron commented on Kern County's

new source review (NSR) condition

which was not acted on in the June 29,

1984 proposal notice. The Kern County

NSR condition has been addressed by a

submittal from the CARB and will be

acted on by EPA in a separate Federal

Register notice.

Chevron's comment on the four Kern

County ozone plan conditions focused

on the need for a long term,

comprehensive modeling study which

would address the ozone nonattainment

problem in the entire southern San

Joaquin Valley. Chevron's letter did not

object to the proposed extension of the

conditions to February 24, 1985.

EPA Action

Today's notice takes final action to

extend the due date to October 30, 1985

for the 1979 California plan conditions

requiring revised NSR rules in El

Dorado, Placer, San Bernardino, San

Joaquin, and Yolo-Solano Counties. EPA

may propose to further extend this date

at a future time to be consistent with

forthcoming national SIP requirements

relating to the conformity of all NSR

rules with EPA's revised permit program

requirements (40 CFR 51.18, August 7,

1980).

Today's notice extends the due date

to February 24, 1985 for the following

1979 Kern County ozone (Os) plan

conditions:

(1) A revised control strategy

demonstrating attainment of the ozone

standard;

(2) A revised demonstration of

reasonable further progress (RFP);

(3) Revised emission reduction

estimates (EREs) for control tactic SSI,

"Steam Drive Controls," based on

refined emission inventory estimates;

and

(4) Emission estimates and adequate

documentation of emissions from

tertiary oil production operations for

VOC emission sources.

The following 1979 Kern County CO

plan conditions are removed by this

notice:

(1) Revised attainment demonstration;

7591

HeinOnline -- 50 Fed. Reg. 7591 1985
7592 Federal Register / Vol. 50, No. 37 / Monday, February 25, 1985 / Rules and Regulations

(2) Replacement measures for

inspection and maintenance.

Today's notice also corrects

administrative errors made in previous

Federal Register notices on July 1, 1982,

December 14, 1982 and February 28,

1984. The regulatory portion of the July

1, 1982 (47 FR 28617) notice of final

rulemaking identified certain NSR and

VOC conditions in Fresno County,

Ventura County, and the Sacramento

Metropolitan Area as being due 120

days from the date of publication of the

notice. Today's notice more clearly

indicates that these conditions were due on November 1. 1982. The December 14,

1982 (47 FR 55919) notice of final

rulemaking inadvertently failed to

remove the Kern County CO condition

requiring further demonstration of

emission reduction estimates for

petroleum refineries. The February 28,

1984 (49 FR 7231) notice of final

rulemaking inadvertently failed to remove the condition pertaining to

Tulare County Rule 410.3. "Organic

Solvent Degreasing Operations."

Regulatory Process

The Office of Management and Budget

has exempted this action from the

requirements of section 3 of Executive

Order 12291.

Under section 307(b)(1) of the Clean

Air Act, judicial review of this action is

available only by the filing of a petition

for review in the United States Court of

Appeals for the appropriate circuit

within 60 days of today. Under section

307(b)(2) of the Clean Air Act, the

requirements which are the subject of

today's notice may not be challenged

later in civil or criminal proceedings

brought by EPA to enforce these

requirements.

Authority: Sections 110, 171 to 178 and

301(a) of the Clean Air Act as amended (42

U.S.C. 7410, 7501 to 7508 and 7601(a)).

List of Subjects in 40 CFR Part 52

Air pollution control agency, Ozone,

Sulfur oxides, Nitrogen dioxide, Lead,

Particulate matter, Carbon monoxide,

Hydrocarbons.

Dated: February 12, 1985.

Lee M. Thomas,

Administrator.

PART 52-[AMENDED]

Subpart F of Part 52, Chapter 1, Title

40 of the Code of Federal Regulations is

amended as follows:

Subpart F-California

Section 52.232 is amended by:

Revising paragraphs (a)(5)(iii), (a)(10)

introductory text, (a)(10)(i) introductory

text, (a)(11) introductory text, (a)(11)

(i)(A) and (ii), (a)(13) introductory text.

and (a)(15)(i); removing paragraphs

(a)(5)(iv) and (a)(10)(ii); and adding

paragraphs (a)(6)(i), (a) (16) and (17).

The revised and added portions of

§ 52.232 are set forth to read as follows:

§ 62.232 Part D conditional approval

(a) * *

(5) * * *

(iii) For ozone:

(A] By February 24, 1985, emission

estimates and adequate documentation

of base year and projected emissions

from tertiary oil production operations

for VOC emission sources.

(B) By February 24, 1985, a revised

emission reduction estimate for each

year for control tactic SSI, "Steam Drive

Controls," which is based upon the

refined emission inventory estimates.

(C) By February 24, 1985, a revised

control strategy demonstrating

attainment of the ozone NAAQS by

December 31, 1982.

(D) By February 24, 1985, a revised

demonstration of RFP.

(iv) [Reserved] • * * * *

(8) * * *

(i) For 03, PM and CO in San Joaquin

County.

(A) By October 30, 1985 the NSR rules

must be revised to meet the

requirements in EPA's amended

regulations for NSR under section 173 of

the Clean Air Act (May 13, 1980 (45 FR

31307) and August 7, 1980 (45 FR 52676))

and submitted as a SIP revision.

(10) Kings, Madera, Merced,

Stanislaus and Tulare County APCDs.

(i) For 03 and PM [and CO in

Stanislaus County]. (A) * * *

(ii) [Reserved)

(11) Fresno County, Sacramento

Metropolitan Area (except those

portions in Yolo and Solano Counties),

and Ventura County nonattainment

areas.

(i) * * *

(A) By November 1, 1982, the NSR

rules must be revised to meet the

requirements in EPA's amended

regulations for NSR under section 173 of

the Clean Air Act (May 13, 1980 (45 FR

31307), August 7, 1980 (45 FR 52676), and

October 14, 1981 (46 FR 50766)).

(ii) For ozone:

By November 1, 1982, the State must

provide either (A) an adequate

demonstration that the following

regulations represent RACT, (B) amend

the regulations so that they are

consistent with the CTG, or (C)

demonstrate that the regulations will

result in VOC emission reductions

which are within five percent of the

reductions which would be achieved

through the implementation of the CTG

recommendations:

Ventura County APCD

Rule 74.7 "Valves and Flanges at

Petroleum Refineries and Chemical Plants." * a * * *

(13) Los Angeles and Riverside

portions of the Southeast Desert Air

Basin.

* * * * *

(15) * * *

(i) By October 30, 1985 the new source

review rules for Placer and El Dorado

Counties must be revised to meet the

requirements in EPA's amended

regulations under section 173 of the

Clean Air Act (May 13, 1980 (45 FR

31307), August 7, 1980 (45 FR 52676), and

October 14, 1981 (46 FR 50766)).

(16) San Bernardino County portion of

the Southeast Desert Air Basin.

(i) For ozone:

(A) By October 30, 1985, the NSR rules

must be revised to meet the

requirements in EPA's amended

regulations for NSR under section 173 of

the Clean Air Act (May 13. 1980 (45 FR

31307), August 7, 1980 (45 FR 52676), and

October 14, 1981 (46 FR 50766)).

(17) Yolo and Solano Counties.

(i) For ozone and CO in those portions

of Yolo and Solano Counties that are

part of the Sacramento Metropolitan

Area:

(A) By October 30, 1985, the NSR rules

must be revised to meet the

requirements in EPA's amended

regulations for NSR under section 173 of

the Clean Air Act (May 13, 1980 (45 FR

31307), August 7, 1980 (45 FR 52670), and

October 14, 1981 (46 FR 50766)).

(ii) For ozone:

By November 1, 1982, the State must

provide either (A) an adequate

demonstration that the following

regulations represent RACT, (B) amend

the regulations so that they are

consistent with the CTG, or (C)

demonstrate that the regulations will

result in VOC emission reductions

which are within five percent of the

reductions which would be achieved

through the implementation of the CTG

recommendations:

Yolo-Solano County APCD

Rule 2.24, "Solvent Cleaning Operations

(Degreasing)."

[FR Doc. 85-4121 Filed 2-22-85: 8:45 am)

BILLING CODE 6560-50-M

HeinOnline -- 50 Fed. Reg. 7592 1985