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

with the intent oftheAct or these regulations foruse ofthe waiver under extraordinary circumstances, the Secretary shall notify the Agency Head and the Director ofthe Office of Management and Budget within 5days ofreceipt ofthe Federal Agency notice under §78.4[a) oftermination ofthe 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 Headreceives recommendations from the Secretary, the Agency Head shall consider the recommendations and any comments received from theAdvisory Council and the State Historic Preservation Officer before deciding whether to continue, withdraw, ormodify the waiver. The Federal Agency Head shall respond to recommendations received from the Secretary either accepting orrejecting thoserecommendations, and,where recommendations are rejected, explaining the reasons for such a decision. Information copies ofsuch response shall be forwarded by the Federal Agency Head to the Advisory Council on Historic Preservation and the appropriate State Historic Preservation Officer.

(c) Ifthe waiver isno longer in effect at thetime 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 similarfuture emergencies. [FR Doc. 85-4457 Filed 2-22-85; 8:45 am]

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### ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52
[A-9-FRL-2779-7]
Approval and Promulgation of Implementation Plans; 1979 Plan Conditionsfor California

AGENCY: Environmental Protection 

### Agency (EPA). ACTION: Notice offinal rulemaking.

SUMMARY: This notice addresses 1979 

### plan conditions forCalifornia which have not yet been submitted to EPA and

are past due. Specifically thisnotice takes final actionto 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 ofthe comment received on the proposed rulemaking is available for publicinspection 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 1979California plan conditions. Specifically EPAproposed 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 forVentura County and cutback asphalt for Santa Barbara County). The
two conditions proposed forremoval 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 ofthe CO standards since Kern County appears to be in attainment ofthe standards, as evidenced by eight quarters of violation-free CO data. Hbwever, the adoption and implementation ofan inspection and maintenance program is necessary to meet the Kern County ozone plan condition requiring a revised demonstration of attainment.

For a detailed discussion ofEPA's policy concerning unmet 1979plan 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 ofone ofthe 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 ofthe Santa 

### Barbara cutback asphalt rule has passed, today's notice does not take final action to extend thedue 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 itsJune 29, 1984 proposed rulemaking nqtice. Chevron USA, Incorporated commented

on thefour conditions relating toKern 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. TheKern County NSR condition has been addressed by a submittal from the CARB and willbe acted on by EPA in a separate Federal Register notice.



### Chevron's comment on the four Kern County ozone plan conditions focused

on the needfor 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 theproposed extension of the conditions to February 24, 1985.

EPA Action

Today's notice takes final action to extendthe due date to October 30, 1985 for the 1979 California plan conditions requiring revised NSR rules in El Dorado, Placer,SanBernardino, San Joaquin, and Yolo-Solano Counties. EPA may propose to further extend this date
at a future time to be consistent with forthcoming national SIPrequirements relating to the conformity ofallNSR rules with EPA's revisedpermit program requirements (40CFR 51.18, August 7, 1980).

Today's notice extends the due date
to February 24, 1985 forthe following 1979 Kern County ozone (Os) plan conditions:

(1)A revised control strategy demonstrating attainment ofthe 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 ofemissions from tertiary oil production operations for VOC emission sources.

Thefollowing 1979Kern County CO plan conditions are removed by this notice:

(1)Revised attainment demonstration; 7591

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### 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. Theregulatory portion of the July 1, 1982 (47 FR 28617) notice offinal 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 ofpublication ofthe notice. Today's notice more clearly indicates that these conditions were due

on November 1. 1982. The December 14, 1982 (47FR 55919) notice offinal rulemaking inadvertently failed to

remove the Kern County COcondition requiring further demonstration of emission reduction estimates for petroleum refineries.The February 28, 1984 (49 FR 7231) notice offinal rulemaking inadvertently failed to

remove the condition pertaining to Tulare County Rule 410.3. "Organic Solvent Degreasing Operations." Regulatory Process

The Office ofManagement and Budget has exempted this action from the requirements ofsection 3 ofExecutive Order 12291.

Under section 307(b)(1) ofthe Clean Air Act,judicial review ofthis action is available only by the filing ofa petition for review in the United States Court of Appeals for the appropriate circuit within 60 days oftoday. Under section 307(b)(2) ofthe Clean AirAct, 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 178and 301(a) of theClean Air Actas amended (42 U.S.C. 7410,7501 to 7508and 7601(a)).

List ofSubjects 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 ofPart 52, Chapter 1,Title 40 ofthe Code ofFederal 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 toread asfollows:
§62.232 Part Dconditional approval



## (a)* * 

## (5) * * * 

### (iii) Forozone: (A] By February 24, 1985, emission estimates and adequate documentation ofbase 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 forcontrol tactic SSI, "Steam Drive Controls," which is based upon the refined emission inventory estimates.

(C)ByFebruary 24, 1985, a revised control strategy demonstrating attainment ofthe ozone NAAQS by December 31, 1982.

(D)ByFebruary 24, 1985, a revised demonstration ofRFP.

(iv) [Reserved]

• * * * *



## (8) * * * 

### (i)For03, 

### PM and CO in SanJoaquin County.

(A)By October 30, 1985 theNSR rules must be revised to meetthe requirements inEPA's amended regulations forNSR under section 173of the Clean Air Act (May 13, 1980 (45 FR 31307) and August 7,1980 (45 FR52676)) and submitted as a SIP revision.

(10) Kings,Madera, Merced, Stanislaus and Tulare County APCDs.

(i)For03 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) ByNovember 1,1982, the NSR rules mustbe revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the CleanAirAct (May 13, 1980 (45 FR 31307), August 7,1980 (45 FR52676), and October 14, 1981 (46FR 50766)).

(ii)For ozone: By November 1,1982, the Statemust provide either (A) an adequate demonstration that the following regulations represent RACT, (B)amend the regulations so that they are consistent with theCTG, or (C) demonstrate that theregulations will result inVOC emission reductions which are within five percent ofthe reductions which would be achieved through the implementation ofthe CTG recommendations:

Ventura County APCD

Rule74.7 "Valves and Flanges at Petroleum Refineries and Chemical Plants."

* a * * *

(13) Los Angeles and Riverside portions ofthe Southeast Desert Air Basin.

* * * * *



### (15) * * * (i) By October 30, 1985 thenew source review rules forPlacer and El Dorado Counties mustbe revised to meet the requirements in EPA's amended regulations under section 173 ofthe Clean Air Act (May 13, 1980 (45FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46FR 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 forNSR under section 173 of the Clean Air Act (May 13. 1980 (45 FR 31307), August 7, 1980 (45FR 52676), and October 14, 1981 (46 FR 50766)).

(17) Yolo and Solano Counties. (i) Forozone and COin those portions ofYolo and Solano Counties that are part ofthe 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 (46FR 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 ofthe CTG recommendations:

Yolo-Solano County APCD

Rule 2.24, "Solvent Cleaning Operations (Degreasing)."

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

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