[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Rules and Regulations]
[Pages 16050-16063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8744]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[FRL-5450-9]
Control of Air Pollution; Removal and Modification of Obsolete,
Superfluous or Burdensome Rules
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is determining,
through ``direct final'' procedure, that certain rules in the Code of
Federal Regulations (CFR), 40 CFR Parts 51 and 52 should be deleted or
modified. Deleting or modifying these rules will clarify their legal
status and remove unnecessary, obsolete or burdensome regulations.
In the proposed rules section of this Federal Register, EPA is
proposing these determinations and soliciting public comment on them.
If adverse comments are received on the direct final rule, EPA will
withdraw the portions of the final rule that triggered the comments.
EPA will address those comments in a final rule on the related proposed
rule, which is being published in the proposed rules section of this
Federal Register. See, for example, EPA's partial withdrawal of a
direct final rule in 60 FR 6030 (Feb. 1, 1995). Any portions of the
final rule for which no adverse or critical comment is received will
become final after the designated period.
DATES: This action will be effective June 10, 1996 unless notice is
received by May 13, 1996 that any person wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Maureen Delaney, Office of Air and
Radiation, Office of Policy Analysis and Review, (202) 260-7431.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 4, 1995, the President directed all Federal Agencies and
departments to conduct a comprehensive review of the regulations they
administer, to identify those rules that are obsolete or unduly
burdensome. EPA conducted such a review, including rules issued under
the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.) On June
29, 1995, EPA published a notice deleting more than 200 Clean Air Act
rules that were no longer legally in effect. 60 FR 33915 (June
29,1995).
In this document, EPA tackles the next phase of its revision
effort, deleting or modifying: additional regulations that are legally
obsolete in whole or in part; regulations which duplicate the statute
or guidance; and regulations that do not add significantly to statutory
provisions, are unduly restrictive or inhibitive of Agency flexibility,
or otherwise are overly burdensome.
EPA's philosophy in this rulemaking is to delete those regulations
which there is no compelling reason to retain, even though no clear
harm results from retention. For example, some regulations are being
deleted because the same substantive provisions exist in the form of
policy guidance. In the case of these regulations, EPA has concluded
that the policy guidance is sufficient to inform the public of EPA's
regulatory interpretations, while allowing the Agency to be more
quickly responsive to unforeseen circumstances that may call for
increased flexibility in EPA's positions. Where EPA has determined that
a regulation does not add substantial value to what is already
contained in the law, or where there are alternative means to
accomplish the regulatory end without restricting EPA's ability to
respond to factual peculiarities in a timely and appropriate way, EPA
has determined that the regulation should be deleted.
EPA has included in this phase of its regulatory streamlining
effort those regulations which can readily be deleted or modified
without a major or complicated regulatory overhaul, and which do not
raise issues on which EPA anticipates adverse comment. These are
therefore appropriate for direct final rulemaking. In the next phase of
its rulemaking effort, EPA anticipates addressing the modifications and
deletions that require a comprehensive approach to more complex or
potentially controversial revisions.
The removal of these rules from the CFR is not intended to affect
the status of any civil or criminal actions that were initiated prior
to the publication of this rule, or which may be initiated in the
future to redress violations of the rules that occurred when the rules
were still legally in effect. Removal of provisions on the ground that
they reiterate or are redundant of statutory provisions does not affect
any obligation or requirement to comply with such statutory provision.
Finally, this rule deletes several state-specific regulations that
no longer have any use or legal effect. For example, the rule deletes
several federal implementation plan provisions that were promulgated in
the 1970's for states that subsequently achieved approval of corrective
state plans. Those approvals removed EPA's authority to retain the
federal provisions, and therefore the federal provisions should have
been deleted at that time. This rule accomplishes those and other
similar deletions.
II. Deletion and Modification of Unnecessary or Burdensome Rules
The following deletions/modifications have been divided into two
basic types of regulations found in 40 CFR Parts 51 and 52: (1) rules
applicable on a national basis; (2) rules applicable to a specific
state. This notice looks in turn at each of the categories, setting
forth the reasons that EPA seeks today to remove them from the CFR.
Any deletion of provisions that state implementation plans
(``SIPs'') currently reference is not intended to disturb those
references, and EPA interprets those references to be to the version
that was in the CFR when the state adopted the reference, unless the
state subsequently provides otherwise and EPA approves such
subsequently adopted provision as a SIP revision.
[[Page 16051]]
1. National Rules
The following regulations apply on a national basis. EPA has
reviewed these rules and found that they should be deleted (or, where
indicated, modified) for the reasons set forth below.
Part 51
40 CFR 51.100(o) and 51.110(c): Section 51.100(o) defines
reasonably available control technology (``RACT'') for the purpose of
implementing secondary national ambient air quality standards
(``NAAQS''). This definition is only used in the establishment of
secondary NAAQS attainment dates [see Sec. 51.110(c)] and in the
evaluation of State requests for extensions of SIP submittals [see
Sec. 51.341(b)] for secondary NAAQS.
Section 51.110(c) requires plans to provide for the attainment of a
secondary standard within a reasonable time after the date of the
Administrator's approval of the plan, and for maintenance of the
standard after it has been attained.
Under the Clean Air Act of 1977, the test for approval of the
attainment date in a SIP implementing a secondary NAAQS was contained
in section 110(a)(2)(A)(ii). This required that the SIP attain the
secondary NAAQS within a ``reasonable time''. Under the CAA of 1990,
this was changed. The new test for approval of a secondary NAAQS
attainment date is contained in section 172(a)(2)(B) and requires
attainment ``as expeditiously as practicable after the date such area
was designated nonattainment.''
As a result of this statutory change, Sec. 51.110(c) is obsolete
and is being deleted from the CFR to eliminate any possible confusion
regarding the appropriate tests for approval of a secondary NAAQS
attainment date. Further, the Sec. 51.100(o) definition of RACT, which
was the sole factor in the evaluation of the approvability of secondary
NAAQS attainment dates or requests for extension of SIP submittal
dates, is no longer necessary and is being deleted. The EPA believes
that evaluation of the approvability of the expeditiousness of
attainment dates for secondary nonattainment areas requires a case-by-
case analysis of the nature and extent of the problem. For example,
this analysis could consider the number of affected sources, the nature
of the emissions (stack or fugitive), the feasibility of controls, the
costs of controls, and other relevant factors. The EPA does not believe
that the availability and effectiveness of RACT should be a
determinative factor in implementing secondary NAAQS. In addition this
will eliminate potential confusion, since the current Agency definition
of RACT is contained in a December 9, 1976 memorandum from R. Strelow
to Regional Administrators, Regions I-X, entitled ``Guidance to
Determining Acceptability of SIP Regulations in Nonattainment Areas.''
40 CFR 51.101 Stipulations: Section 51.101 states that nothing in
Part 51 should be construed to encourage states: to adopt
implementation plans that do not protect the environment; to adopt
plans that do not take into consideration cost-effectiveness and social
and economic impact; to limit appropriate techniques for estimating air
quality or demonstrating adequacy of control strategies; and otherwise
to limit state flexibility to adopt appropriate control strategies or
to attain and maintain air quality better than that required by a
national standard.
While EPA wholeheartedly endorses the policies embodied in
Sec. 51.101, EPA does not believe it necessary to clutter the CFR with
such precatory language, particularly since the Clean Air Act and
judicial interpretations construing the Act provide for state
flexibility. For example, Section 110(a)(2)(A) provides in part that
implementation plans shall ``include enforceable emission limitations
and other control measures, means or techniques (including economic
incentives such as fees, marketable permits, and auctions of emissions
rights) * * *. as may be necessary or appropriate to meet the
applicable requirements of this Act. * * *'' Section 101(a)(3) of the
Clean Air Act provides that air pollution prevention and control is
``the primary responsibility of States and local governments; * * *''
The Supreme Court, in construing the Clean Air Act, has also made clear
that the state has broad discretion in constructing attainment plans.
Train v. NRDC, 421 U.S. 60, 78-79 (1975) Union Electric Co. v. EPA, 427
U.S. 246, 256-57 (1976). There is thus no compelling legal or policy
reason to retain this section, and accordingly it is deleted.
40 CFR 51.104 Revisions: Section 51.104(a). Section 51.104(a)
provides that an implementation plan shall be revised from time to time
as necessary to take into account revisions of national standards, the
availability of improved methods of attaining standards, or a finding
that the plan is substantially inadequate to attain or maintain the
standards, or comply with the requirements of the Act.
This provision is superfluous because its requirements are
superseded by the 1990 Clean Air Act Amendments which set forth the
conditions and specific schedules according to which plan revisions
should take place. See CAA section 110(k)(5), the general authority of
sections 110(k) and (l). See also section 110(a)(2)(H), which requires
plans to provide for revisions under the same circumstances set forth
in Sec. 51.104(a). Accordingly, Sec. 51.104(a) is deleted.
Section 51.104(b). Section 51.104(b) provides that the State must
revise a plan within 60 days after notice by the Administrator, or such
later date as is set by the Administrator.
This regulation has been superseded by Section 110(k)(5) of the
Clean Air Act, which sets up a different timetable for revisions.
Section 51.104(b) is legally obsolete, and accordingly is deleted.
Section 51.104(e). Section 51.104(e) requires the state to identify
and describe revisions other than those covered by Sec. 51.101(a) and
(d). Section 110(l) of the Clean Air Act governs SIP revisions to EPA,
and therefore this section is unnecessary, superfluous, and overly
restrictive. Accordingly, it is being deleted.
Note: Sections 51.104 (c), (d), (f) and (g) are being retained,
and are being redesignated Sec. 51.104 (a) and (b), (c), and (d),
respectively.
40 CFR 51.110 (a) through (l) Attainment and Maintenance of
National Standards: These sections set forth various requirements for
state implementation plans (``SIPs'') providing for attainment of the
primary and secondary national ambient air quality standards.
(``NAAQS'').
Section 51.110(a). Section 51.110(a) requires SIPs to provide for
emissions reductions sufficient to offset any increase in air quality
concentrations resulting from an emissions increase due to projected
growth of population, industrial activity, motor vehicle traffic, or
other factors.
This section is at odds with the approach taken in current law,
under section 110(l). Section 110(l) establishes as a test of
approvability of a SIP revision that the revision may not ``interfere
with any applicable requirement concerning attainment and reasonable
further progress (as defined in section 171), or any other applicable
requirement of this Act.'' It thus calls into play, and must be read
with, the Act's highly specific requirements in areas such as
reasonable further progress and conformity. EPA interprets section
110(l) by applying it to each SIP revision, in light of the
circumstances presented by each case. Thus, in contrast to
Sec. 51.110(a), and statutory provisions such as section 193 of the
Clean Air Act (which applies to modifications of pre-1990 SIP
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components) section 110(l) does not call for a ``one-size-fits-all''
equivalence standard. EPA therefore concludes that the rigid
equivalence test of Sec. 51.110(a) conflicts with the current statute.
To the extent that this regulation remains consistent with new law, it
is superfluous. EPA has not issued general guidance on section 110(l),
because it views each type of SIP revision as presenting unique issues
that should be addressed on a case-by-case basis. Accordingly,
Sec. 51.110(a) is being deleted.
Section 51.110(b). Section 51.110(b) requires that plans for
attainment of the primary standard, or revisions to such plans, provide
for attainment as expeditiously as practicable, but no longer than
three years after the date of approval by the Administrator, unless the
state obtains an exemption under Subpart R. Section 51.110(b) further
requires that each plan provide for maintenance of the standard.
As to basic or original SIPs, the requirements of Sec. 51.110(b)
have been superseded by sections 172(c)(l), 181-182, 186-187(CO), 188-
189 (PM10), 191-192 (SO2, NOX, lead) as enacted as part
of the Clean Air Act Amendments of 1990. As to revisions, this section
is superseded by section 110(l) and new statutory provision 175A, which
addresses how states are supposed to assure maintenance. With respect
to section 110(a)(l) of the CAA, Sec. 51.110(b) is redundant and
therefore unnecessary. Section 51.110(b) is accordingly being deleted.
Section 51.110(c). See the discussion above under Sec. 51.100(o).
Section 51.110(d). Retained.
Section 51.110(e). Section 51.110(e) requires plans to ensure that
stationary sources within one region will not prevent attainment and
maintenance of standards in any other region, or interfere with PSD or
visibility measures required to be included in other regions' plans.
Section 51.110(e) is duplicative of the statute, which states that
any plan must meet section 110(a)(2)(D), and with section 110(l), which
provides that any plan revision shall not interfere with statutory
requirements, including section 110(a)(2)(D).
Section 51.110(f). Section 110(f) provides that, for purposes of
developing a control strategy, data derived from measurements of
existing ambient levels of a pollutant may be adjusted to reflect the
extent to which occasional natural or accidental phenomena demonstrably
affected such measured levels.
This section restates the general position that data used to
develop control strategies may be adjusted to reflect occasional
natural or accidental phenomena. This section is unnecessary, since it
is redundant of other guidance. To the extent that natural or
accidental phenomena affect measured levels of pollutants, pollutant-
specific legislative or policy guidance is available to deal with the
impact of these phenomena. For example, section 188(f) of the Clean Air
Act of 1990 provides waivers for certain areas affected by
nonanthropogenic sources of PM10. In addition, EPA has provided
specific guidance regarding the interpretation and implementation of
this section in the General Preamble for the Implementation of Title I
of the Clean Air Act Amendments of 1990: State Implementation Plans for
serious PM10 nonattainment areas and attainment date waivers for
PM10 nonattainment areas, generally 59 FR 157, 41998-42017.
Accordingly, this section is being deleted as superfluous and
redundant.
Section 51.110(g). Section 51.110(g) states that EPA encourages
States, in developing their attainment plans, to identify alternative
control strategies and the costs and benefits thereof.
While EPA endorses the policies embodied in this regulation, EPA
does not believe it necessary to clutter the CFR with such precatory
language. Sections 110(a)(2)(A) and 101(a)(3), as well as Train v.
NRDC, supra and Union Electric v. EPA, supra, make clear that the state
is free to consider a broad range of factors in constructing its
attainment plans. Accordingly, Sec. 51.110(g) is being deleted.
Section 51.110(h). Section 51.110(h) requires a state plan, to be
submitted by 1974, to identify areas which may have the potential for
exceeding any national standard within the subsequent ten-year period.
This section deals with plan requirements that were due in the
1970's. The statute now sets up a comprehensive scheme that governs how
states should address maintenance. Section 110(a)(l) and Section 175A.
Section 51.110(h) is a relic of an outmoded statutory framework. EPA
believes it is not necessary or warranted for this section to remain on
the books in light of the maintenance requirements in the current
statute. Accordingly it is being deleted.
Section 51.110(i). This section states that the Administrator will
publish by August, 1975, a list of the areas that shall be subject to
the requirements of Sec. 51.110(g).
Section 51.110(i) is obsolete because in the 1977 Clean Air Act
Amendments, and then again in the 1990 Amendments, Congress statutorily
prescribed the contents of new plans for attainment. Sections
172(c)(l), Sections 181-182 (ozone), 186-187 (CO) 188-189 (PM10),
191-192 (SO2, NOX, lead). Accordingly, Sec. 51.110(I) is
being deleted.
Section 51.110(j). Section 51.110(j) provides that for each area
identified under Sec. 51.110(f), the State must submit an air quality
analysis and, if necessary, a plan revision.
Section 51.110(j) is obsolete because in the 1977 Clean Air Act
Amendments, and then again in the 1990 Amendments, Congress statutorily
prescribed the requirements for new plans for attainment and for
revisions. Sections 172(c)(l), 181-182 (ozone), 182(b)(l), 182(c)(2)(A)
(ozone), 186-187 (CO), 188-189 (PM10), 191-192 (SO2,
NOX, lead. Accordingly, Sec. 51.110(j) is being deleted.
Section 51.110(k). Section 51.110(k) applies to state plans
required to be submitted by May, 1978, and includes maintenance
provisions and requirements for data collection and assessment that
include a requirement that the State notify the Administrator if an
area is ``undergoing an amount of development such that it presents the
potential for a violation of national standards within a period of 20
years.'' This section also requires that state plans provide for
assessing all areas of the State every five years to determine if any
areas need plan revision.
This section is a relic of a previous statutory framework and
related round of SIP revisions. The current statute sets forth a
different, and detailed scheme for plan revisions. Section 110(k)(5)
provides that the Administrator may call for SIP revisions based on a
range of findings. EPA does not believe that Sec. 51.110(k) should
remain in the CFR to limit the flexibility embodied in sections
110(k)(5) and 175A. Accordingly Sec. 51.110(k) is being deleted.
Section 51.110(l). Section 51.110(l) provides that whenever the
Administrator calls for a plan revision she may require it to be
developed in accordance with Subpart D without publishing the area in
part 52.
Section 110(k)(5) of the current Clean Air Act adequately governs
the circumstances under which the Administrator may call for plan
revisions. EPA will determine on a case-by-case basis the procedures it
will apply in implementing SIP calls. Accordingly, Sec. 51.110(l) is
unnecessary and is being deleted.
40 CFR 51.213 Transportation Control Measure: Section 51.213(a):
Section 51.213(a) provides that plans must
[[Page 16053]]
contain procedures for obtaining and maintaining data on actual
emissions reductions achieved as a result of implementation of
transportation control measures.
Section 51.213(b). Section 51.213(b) provides that, for measures
based on traffic flow changes or reductions in vehicle use, data must
include observed changes in vehicle miles traveled and average speeds.
Section 51.213(c). Section 51.213(c) requires data to be kept so as
to facilitate comparison of the planned and actual efficacy of
transportation control measures.
Section 51.213(a-c) are generally addressed in section III, SIP
requirements, of the General Preamble for Title I of the 1990 CAA. The
procedural elements of the SIP submittals are specifically required by
sections 182 and 187 of the CAAA. The requirements are incorporated in
Agency regulation and guidance on each required SIP submittal that is
related to transportation control. For example, guidance documents such
as ``Transportation Control Measure: State Implementation Plan Guidance
(September, 1990), ``Section 187 VMT Forecasting and Tracking
Guidance'' (January, 1992), and ``Transportation Control Measure
Information Documents'' (March, 1992), discuss the same requirements
that are set forth in Sec. 51.213. Thus, this section is redundant of
other EPA guidance regarding transportation control measures, and
accordingly is being deleted.
40 CFR 51.241(b)-(f); 51.242-252 Subpart M--Intergovernmental
Consultation: (Includes the following rules:)
51.241 Nonattainment areas for carbon monoxide and ozone
51.242 [Reserved]
51.243 Consultation process objectives
51.244 Plan elements affected
51.245 Organizations and officials to be consulted
51.246 Timing
51.247 Hearings on consultation process violations
51.248 Coordination with other programs
51.249 [Reserved]
51.250 Transmittal of information
51.251 Conformity with Executive Order 12372
51.252 Summary of plan development participation
The requirements described in this subpart are generally addressed
in section III, SIP requirements, of the General Preamble for Title I
of the Clean Air Act Amendments of 1990 (CAAA). The requirements of
Sec. 51.241 regarding Section 174 of the CAAA and designation of a lead
planning organization are specifically addressed in a guidance document
required by section 108(3) of the CAAA. EPA issued the guidance
entitled, ``The 1992 Transportation and Air Quality Planning
Guidelines'' in July, 1992.
The requirements of Secs. 51.243 through 51.252 regarding the
planning consultation process are incorporated in Agency regulation and
guidance on each SIP submittal required by the CAAA. For example, the
EPA regulation, ``Criteria and Procedures for Determining Conformity to
State or Federal Implementation Plans or Transportation Plans,
Programs, and Projects Funded or Approved Under Title 23 U.S.C. or the
Federal Transit Act'' (November, 1993), contains specific requirements
for the planning and consultation process that States must adhere to
and incorporate into their SIP submittal. Thus, these requirements are
redundant of other EPA rules regarding air quality planning, and
consequently are being deleted.
40 CFR 51.325 Contingency Plan Actions: Section 51.325 requires
states to report any measures taken to stop emissions contributing to
any incident of air pollution which corresponds to a stage of episode
criteria as established in the state's contingency plan. States are
also required to report an account of any episode stage during which no
action was taken, and an explanation for the failure to take action.
This section imposes a reporting burden on states that is no longer
appropriate and necessary. This section was promulgated at a time when
EPA did not have routine access to state air quality data. Currently,
EPA has access to State air quality data and has the ability to
initiate the appropriate regulatory response to these high
concentrations, e.g., redesignation to nonattainment. In addition, this
regulation reflects an era when many State air pollution control
agencies were new and may have needed EPA support in dealing with
elevated air pollution levels. State agencies have progressed to the
extent that they do not need EPA assistance in dealing with this type
of event. Moreover, the reporting of how exactly every state responds
to each of these events does not yield a significant enough benefit to
justify the reporting burden, since that information would be publicly
available in any event. The EPA believes that the CFR should reflect
these developments and is therefore removing this regulation as
unnecessary.
40 CFR 51.341 Request for 18-month Extension: Section 51.341(a)
states that the Administrator may, whenever she determines necessary,
extend the submittal date for the portion of a SIP which implements a
secondary NAAQS.
This section merely restates the statutory language contained in
section 110(b) of the Clean Air Act of 1990. Since this section is
redundant, EPA is deleting it from the CFR.
Sections 51.341 (b), (c) and (d) impose certain requirements on any
State request for an extension of the submittal date for a SIP
implementing a secondary NAAQS. Section 51.341(b) requires, at a
minimum, the application of RACT as defined in Sec. 51.100(o). Section
51.341(c) requires that any request for an extension involving an
interstate area either be accompanied by requests from all affected
States in the area or show that all other States in the area were
notified of the request. Finally, Sec. 51.341(d) requires that any
request must be submitted sufficiently in advance to permit SIP
development prior to the original SIP submittal deadline in the event
the request is denied.
These sections place unnecessary limits on the exercise of
discretion by the Administrator in acting on State requests for
extensions of the submittal date for SIPs to implement secondary NAAQS.
While these sections reflect general principles which the Administrator
may wish to consider, they are not compelled by the statutory language
of the Clean Air Act of 1990. EPA believes that such restrictions are
unnecessary and that they may unduly inhibit State flexibility.
Consequently, these sections are being deleted from the CFR.
Part 52
40 CFR 52.02(d) Introduction: Section 52.02(d) provides that
approved plans are available for inspection at the Office of the
Federal Register and at listed EPA headquarters and regional addresses.
The EPA addresses listed in Sec. 52.02(d) are no longer correct.
Accordingly Sec. 52.02(d)(1) through (d)(3) are being revised to
reflect current addresses.
40 CFR 52.03 Extensions: Section 52.03 states that each subpart
includes the Administrator's determination with respect to requests for
extensions under section 110(b) for submitting secondary standard
attainment plans, and requests under section 110(e) for extensions of
the 3-year deadline for attaining the primary standard.
Section 110(e) has been repealed, and thus there are no longer any
determinations of requests for extensions under that section. With
respect to any other extension of attainment dates or extensions under
section 110(b) for submitting secondary
[[Page 16054]]
standard attainment plans, there is no need for a requirement to put
such determinations in the CFR. EPA will provide notice of any such
extension.
40 CFR 52.16 Submission to Administrator: Section 52.16 provides
that communications and submissions to the Administrator pursuant to
part 52 shall be addressed to the appropriate regional office of the
EPA. It supplies addresses for each regional office, and directs that
submissions be addressed to the attention of the Director, Enforcement
Division.
This section provides incorrect addresses, and accordingly is being
revised.
40 CFR 52.19 Revision of Plans by Administrator: Section 52.19
provides that, after notice and opportunity for hearing in each
affected State, the Administrator may revise any provision of an
applicable plan if the provision was promulgated by the Administrator
and the revised plan will be consistent with the Clean Air Act and the
requirements of Part 51 of the CFR.
This section is superfluous, since it is redundant of the statute
section 307(d)(5), and also more restrictive than the statute, which
does not require a hearing in each affected state.
With respect to Sec. 52.19(b), section 110(l) of the Clean Air Act
applies to revisions to FIPs as well as SIPs, and provides a standard
for the acceptability of a plan revision different from that set forth
in Sec. 52.19(b). Section 110(l) provides that plan revisions may not
``interfere with any applicable requirement concerning attainment and
reasonable further progress * * * or any other applicable requirement
of this Act.'' Accordingly, Sec. 52.19 is being deleted.
2. State Specific Rules
The following regulations include rules applicable on a state-
specific basis. EPA has reviewed these rules and found that they should
be deleted (or, where indicated, modified) for the reasons set forth
below.
Part 52
Region 3 (Delaware, Washington, DC, Maryland, Pennsylvania, Virginia,
West Virginia)
Maryland
40 CFR 52.1073(b), (c) Approval Status: Sections 52.1073(b) and
(c) state exceptions to EPA's approval of Maryland's implementation
plan for attaining and maintaining national air quality standards
regarding an outdated O3CO control strategy. EPA has approved and
incorporated by reference Maryland's new control strategy regulations
at Secs. 52.1070(c)(110)-(c)(112), 60 FR 2067 (Jan. 6, 1995);
Sec. 52.1070(c)(72), 49 FR 35500 (Sept. 10, 1984);
Sec. 52.1070(c)(102), 59 FR 60908 (Nov. 29, 1994); and
Secs. 52.1070(c)(103) and (c)(104), 59 FR 46180 (Sept. 7, 1994). The
requirements of Secs. 52.1073(b) and (c) cross-reference obsolete
regulations. They are therefore legally obsolete, and accordingly are
being deleted.
40 CFR 52.1082 Rules and regulations: Section 52.1082 cross-
references Sec. Sec. 52.1073 (b) and (c), both obsolete regulations.
EPA has approved and incorporated by reference Maryland's new control
strategy regulations at Sec. Sec. 52.1070(c)(110)-(c)(112), 60 FR 2067
(Jan. 6, 1995); Sec. 52.1070(c)(72), 49 FR 35500 (Sept. 10, 1984);
Sec. 52.1070(c)(102), 59 FR 60908 (Nov. 29, 1994); and Secs.
52.1070(c)(103) and (c)(104), 59 FR 46180 (Sept. 7, 1994). Section
52.1082 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.1086, 40 CFR 52.1101 Gasoline transfer vapor control:
Sections 52.1086 and 52.1101 describe control strategy requirements for
gasoline transfer vapor. The 1990 CAAA provisions supersede those
requirements. EPA has approved and incorporated by reference revised
Maryland regulations. See Sec. Sec. 52.1070(c)(110)-(c)(112), 60 FR
2067 (Jan. 6, 1995). Sections 52.1086 and 52.1101 are therefore legally
obsolete, and accordingly are being deleted.
40 CFR 52.1087, 40 CFR 52.1102 Control of evaporative emissions
from the filling of vehicular tanks: Sections 52.1087 and 52.1102
describe the EPA promulgated control strategy for evaporative emissions
from the filling of vehicular tanks. The provisions of Section
182(b)(3)(A) of the CAA, as amended in 1990, supersede their
requirements. EPA has approved and incorporated by reference revised
Maryland regulations. See Sec. 52.1070(c)(107), 59 FR 29730 (June 9,
1994). Sections 52.1087 and 52.1102 are therefore legally obsolete, and
accordingly are being deleted.
40 CFR 52.1088, 40 CFR 52.1107 Control of dry cleaning solvent
evaporation: Sections 52.1088 and 52.1107 describe the EPA promulgated
control strategy for dry cleaning solvent evaporation. The provisions
of sections 182(b)(2)and 182(b)(2)(A) in the CAA, as amended in 1990,
supersede their requirements. EPA has approved and incorporated by
reference revised Maryland regulations. See Sec. Sec. 52.1070(c)(72),
49 FR 35500 (Sept. 10, 1994); Sec. 52.1070(c)(102), 59 FR 60908 (Nov.
29, 1994); and Secs. 52.1070(c)(103) and (c)(104), 59 FR 46180 (Sept.
7, 1994). Sections 52.1088 and 52.1107 are therefore legally obsolete,
and accordingly are being deleted.
Pennsylvania
40 CFR 52.2023 (b)-(d), (f), (g) Approval status: Sections
52.2023(f) and (g) state exceptions to EPA's approval of Pennsylvania's
implementation plan for attaining and maintaining national air quality
standards. EPA has subsequently approved all official SIP submittals by
Pennsylvania DER to correct the listed deficiencies. See
Secs. 52.2020(c)(41), 47 FR 8358 (Feb. 26, 1982); (c)(48), 48 FR 2319
(Jan 19, 1983); and (c)(49), 48 FR 2768 (Jan. 21, 1983). Sections (b)-
(d) reflect EPA requirements prior to the 1977 CAA amendments. Pursuant
to the 1977 CAA amendments, EPA approved and incorporated by reference
revised Pennsylvania regulations at Sec. Sec. 52.2420(c)(63), 50 FR
7772 (Feb. 26, 1985). All part 52 regulations cross-referenced in these
sections have been determined to be obsolete. Sections 52.2036,
52.2040, 52.2044 through 52.2048, and 52.2052 had previously been
removed. (45 FR 33607 (May 20, 1980). Sections 52.2030, 52.2031,
52.2038, 52.2040, 52.2041, 52.2043, 52.2049 through 52.2051, and
52.2053 are being removed elsewhere in this action. These sections are
therefore legally obsolete, and accordingly are being deleted.
40 CFR 52.2030 (b) Source surveillance: Section 52.2030(b)
disapproves Pennsylvania's source surveillance portion of the
implementation plan. Pennsylvania has submitted and EPA has approved a
continuous emission monitoring program as well as additional measures
which require periodic source testing. See Secs. 52.2020(c)(48), 48 FR
2319 (Jan. 19, 1983); (c)(74), 57 FR 43905 (Sept. 23, 1992); and
(c)(81), 58 FR 34911 (June 30, 1993). Section 52.2030(b) is therefore
legally obsolete, and accordingly is being deleted.
40 CFR 52.2031 Resources: Section 52.2031 states that the
Pennsylvania implementation plan failed to meet the requirements of
Sec. 51.280 by showing a lack of manpower resources and funds necessary
to carry out the plan five years after its submission. Since 1973,
Pennsylvania has submitted over 90 SIP revisions which EPA has approved
and incorporated by reference in Sec. 52.2020(c). EPA's approval
actions include comprehensive submittals made pursuant to the 1977 and
1990 CAA amendments, portions of which are referenced elsewhere in
today's actions. Those approved submittals evidence
[[Page 16055]]
that the state has adequate resources to implement its plans. Section
52.2031 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.2034 Attainment dates for national standards: Section
52.2034 states dates by which national ambient air quality standards
are to be attained for Pennsylvania. All of the attainment dates in the
regulation have been superseded by dates in the 1990 CAAA provisions
except with regard to the attainment and maintenance of the secondary
sulfur dioxide standards. Pennsylvania has not submitted a secondary
SO2 plan, as of December 31, 1979, for Nothumberland County,
Snyder County and Allegheny County. All of the attainment dates, except
the date for attainment of the secondary SO2 standard in those
counties, are therefore deleted.
40 CFR 52.2038 Inspection and maintenance: Section 52.2038
reflects inspection and maintenance requirements predating the 1977
CAAA. Pennsylvania has an EPA- approved I/M program reflecting the 1977
CAAA provisions. See Sec. 52.2020(c)(66), 52 FR 11259 (April 8, 1987).
Section 52.2038 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.2039 Air bleed to intake manifold retrofit: Section
52.2039 describes emission control requirements that apply to pre-1968
model year vehicles. Current EPA provisions no longer require these
vehicles to be tested under a State's I/M program. See
Sec. Sec. 51.351(a)(4) and 51.352(a)(4), 57 FR 52950 (Nov. 5, 1992).
Section 52.2039 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.2041, 52.2043, 52.2049, 52.2050, 52.2051 Transportation
control measures FIP: These regulations are made obsolete by 40 CFR
52.2020. The following miscellaneous provisions for Pennsylvania arise
from a FIP, and have been superseded by approved SIP control
strategies. See Sec. 52.2020(c)(63), 50 FR 7772 (Feb. 26, 1985):
Sec.
52.2041 Study and establishment of bikeways
52.2043 Computer carpool matching system
52.2049 Specific express busways in Allegheny County
52.2050 Exclusive bus lanes for Pittsburgh suburbs and outlying
areas
52.2051 Regulation for the limitation of public parking
These sections are therefore legally obsolete, and accordingly are
being deleted.
40 CFR 52.2042 Gasoline transfer vapor control: Section 52.2042
describes the control strategy requirements for gasoline transfer
vapor. The 1977 and 1990 CAAA provisions supersede these requirements.
EPA has approved and incorporated by reference revised Pennsylvania
regulations. See Secs. 52.2020(c)(23), 45 FR 33607 (May 20, 1980) and
(c)(79), 58 FR 28362 (May 13, 1993). Section 52.2042 is therefore
legally obsolete, and accordingly is being deleted.
40 CFR 52.2053 Monitoring transportation mode trends: Section
52.2053 should have been deleted as part of EPA's approval action at
Sec. 52.2020(c)(22) et seq., 45 FR 33607 (May 20, 1980). Section
52.2053 is therefore legally obsolete, and accordingly is being
deleted.
Virginia
40 CFR 52.2423(b), (c) Approval status: Sections 52.2423 (b) and
(c) state exceptions to EPA's approval of Virginia's implementation
plan for attaining and maintaining national air quality standards
regarding an outdated O3/CO control strategy. Its requirements
cross-reference other obsolete regulations. The 1977 and 1990 CAAA
provisions supersede these requirements. EPA has approved and
incorporated by reference revised Virginia regulations. See
Secs. 52.2420(c)(47), 46 FR 57282 (Nov. 23, 1981); (c)(55), 47 FR 2769
(Jan. 19, 1982); (c)(73), 48 FR 7579 (Feb. 23, 1983); (c)(74), (c)(78)
and (c)(79), 49 FR 3083 (Jan. 25, 1984). Section 52.2423 (b) and (c)
are therefore legally obsolete, and accordingly are being deleted.
40 CFR 52.2430 Legal authority: Section 52.2430 states that
Virginia failed to satisfy Sec. 51.231(a), identification of legal
authority. EPA has approved and incorporated by reference revised
Virginia regulations correcting those deficiencies. See
Secs. 52.2420(c)(47), 46 FR 57282 (Nov. 23, 1981); (c)(73), 48 FR 7579
(Feb. 23, 1983); (c)(74), (c)(78) and (c)(79), 49 FR 3083 (Jan. 25,
1984). Section 52.2430 is therefore legally obsolete, and accordingly
is being deleted.
40 CFR 52.2431 Control strategy: carbon monoxide and ozone:
Section 52.2431(a)-(c) states disapproval of Virginia's implementation
plan regarding the control strategy for carbon monoxide and ozone.
These provisions reflect EPA requirements prior to the 1977 CAA
amendments. Pursuant to the 1977 CAAA, EPA has approved and
incorporated by reference revised Virginia regulations. See
Secs. 52.2420(c)(55), 47 FR 2769 (Jan. 19, 1982); (c)(74) and (c)(78),
49 FR 3083 (Jan. 25, 1984). Section 52.2431(d) cross-references 40 CFR
52.2438, gasoline transfer vapor control, an obsolete regulation.
Pursuant to the 1990 CAA amendments, EPA has approved and incorporated
by reference revised Virginia regulations at Sec. 52.2420(c)(99) 59 FR
15117 (Mar. 31, 1994). Section 52.2431 is therefore legally obsolete,
and accordingly is being deleted.
40 CFR 52.2435 Compliance schedules: Section 52.2435 describes the
compliance schedule for the Eisenhower Avenue Incinerator in
Alexandria, Virginia. According to the Virginia Department of
Environmental Quality, this facility was physically dismantled in 1988.
Since the facility no longer exists and any reopening would be subject
to new requirements under NSR or PSD, this regulation is obsolete.
Accordingly, Sec. 52.2435 is being deleted.
40 CFR 52.2436(a) Rules and regulations: Section 52.2436(a) refers
to an outdated O3 control strategy. Its requirements cross
reference Secs. 52.2438, 52.2439 and 52.2440, all legally obsolete.
Section 52.2436(a) is therefore legally obsolete, and accordingly is
being deleted.
40 CFR 52.2438 Gasoline transfer vapor control: Section 52.2438
describes the control strategy requirements for gasoline transfer
vapor. The 1977 and 1990 CAAA provisions supersede these requirements.
EPA has approved and incorporated by reference revised Virginia
regulations meeting the new requirements. See Secs. 52.2420(c)(55), 47
FR 2769 (Jan. 19, 1982); and (c)(99), 59 FR 15117 (Mar. 31, 1994).
Section 52.2438 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.2440 Control of dry cleaning solvent evaporation:
Section 52.2440 describes the control strategy requirements for dry
cleaning solvent evaporation. The provisions of Secs. 182(b)(2) and
182(b)(2)(A) in the 1990 CAAA supersede their requirements. EPA has
approved and incorporated by reference revised Virginia regulations
meeting those statutory requirements. See Sec. 52.2420(c)(99), 59 FR
15117 (Mar. 31, 1994). Section 52.2440 is therefore legally obsolete,
and accordingly is being deleted.
West Virginia
40 CFR 52.2523 Attainment dates for national standards: Section
52.2523 states dates by which national ambient air quality standards
are to be attained for West Virginia. The attainment dates in the
regulation have been superseded by new dates in the 1990 CAAA
provisions, except with regard to attainment and maintenance of the
secondary sulfur dioxide standards. The superseded attainment dates are
being deleted, since they are legally inoperative.
[[Page 16056]]
Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
Illinois
40 CFR 52.727 Attainment dates for national standards: Section
52.727 states dates by which national ambient air quality standards are
to be attained for Illinois. All of the attainment dates in the
regulation have been superseded by new dates in 1990 CAAA provisions,
with the exception of the secondary sulfur dioxide attainment dates.
Illinois' remaining SO2 secondary nonattainment area, Hollis
township in Peoria County, was redesignated as attaining the SO2
standard on April 4, 1995 (60 FR 10734) at which time EPA also approved
a maintenance plan. The EPA conditionally approved the State's SO2
nonattainment area plan on February 21, 1980 (45 FR 11472) and codified
its satisfaction of the final conditional approval element on September
2, 1992 (57 FR 40126). This regulation is therefore obsolete, and
accordingly is being deleted.
40 CFR 52.729 Control strategy: Carbon monoxide: Illinois contains
no carbon monoxide (CO) nonattainment areas. This was most recently
confirmed by the November 15, 1995 reexamination of the CO attainment
status mandated by the Clean Air Act Amendments of 1990. EPA did
conditionally approve the State's CO nonattainment area plans for the
Chicago and Peoria areas on September 22, 1980 (45 FR 62804). The
satisfaction of these conditional approvals is codified at 40 CFR
52.720(c) (25), (33) and (34). Section 52.729 is therefore legally
obsolete, and accordingly is being deleted.
40 CFR 52.731 Inspection and maintenance of vehicles: Section
52.731 contains a federally promulgated I/M program which has been
superseded by a State program which was incorporated in the SIP at 40
CFR 52.720(c)(79). Section 52.731 is therefore legally obsolete, and
accordingly is being deleted.
40 CFR 52.732 Traffic flow improvements: Section 52.732 has been
satisfied by transportation control plans codified as received and
approved at Sec. 52.720(c) (25), (33), and (34). This section is
therefore legally obsolete, and accordingly is being deleted.
40 CFR 52.733 Restriction of on-street parking: This section
contains a federally promulgated regulation which has been replaced by
State developed and adopted transportation control plans which were
codified and approved at Secs. 52.720(c) (25), (33), and (34). This
regulation is therefore obsolete, and accordingly is being deleted.
40 CFR 52.734 Monitoring transportation mode trends: This section
contains a federally promulgated regulation which has been replaced by
State developed and adopted transportation control plans which were
codified and approved at Secs. 52.720(c) (25), (33) and (34). This
regulation is therefore obsolete, and accordingly is being deleted.
Minnesota
40 CFR 52.1227 Transportation and land use controls: Section
52.1227 requires Minnesota to submit information relating to its
transportation control plan by December 30, 1973. Receipt of a
transportation control plan on May 20, 1985 and April 17, 1986 is
codified at Sec. 52.1220(c)(23). Section 52.1227 is therefore legally
obsolete, and accordingly is being deleted.
Ohio
40 CFR 52.1875 Attainment dates for national standards: Section
52.1875 states dates by which national ambient air quality standards
are to be attained for Ohio. All of the attainment dates in the
regulation have been superseded by new dates in 1990 CAAA provisions,
with the exception of the secondary sulfur dioxide attainment dates.
Therefore, references to the attainment of other national standards
should be deleted from this section of the CFR.
40 CFR 52.1878 Inspection and maintenance program: Paragraphs (a)
through (g) of this section are used to codify a federally promulgated
I/M program which has been superseded by a State operated and approved
I/M section. Paragraph (h) is a conditional approval which should have
been removed during the recent full approval action. EPA's most recent
approval of Ohio's I/M program is codified at Sec. 52.1870(c)(101).
This submittal satisfied the conditional approval of the program
contained in Sec. 52.1878(h). This section is therefore obsolete, and
accordingly is being deleted.
40 CFR 52.1885(e)-(q) Control strategy: ozone: Paragraphs (e)
through (q) list numerous site-specific SIP submittals which have been
disapproved. The applicable requirements for these sources are
initially codified as Sec. 52.1870(c)(15) and other provisions contain
the subsequent modifications to the SIP as approved by EPA. Paragraphs
(e) through (q) of Sec. 52.1885 should be removed because they do not
alter the contents of the SIP. These sections are therefore legally
obsolete, and accordingly are being deleted.
Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Arkansas
40 CFR 52.175 Resources: Section 52.175 states that the (January
1972) Arkansas implementation plan failed to meet the requirements of
Sec. 51.280, by showing a lack of manpower resources and funds
necessary to carry out the plan in the five years after its submission
on January 1972. The State has now demonstrated that it has adequate
resources by attaining and maintaining all National Ambient Air Quality
Standards. See Sec. 81.304, 56 FR 5671 (Nov. 6, 1991). Further, the
State has carried out an adequate air pollution control program, thus
demonstrating the lack of manpower and funding has been remedied.
Section 52.175 is therefore legally obsolete, and accordingly is being
deleted.
Louisiana
40 CFR 52.972 Approval status: Section 52.972 states exceptions to
EPA's approval of Louisiana's implementation plan for attaining and
maintaining national air quality standards. The exceptions relate to
certain RACT rules that were required of the State. Louisiana adopted
RACT rules for the sources covered by CTGs and EPA has approved the
regulations. See Sec. 52.970(c)(60), 59 FR 23164 (May 5, 1994). Section
52.972 is therefore legally obsolete, and accordingly is being deleted.
40 CFR 52.978 Resources: Section 52.978 states that the (January
1972) Louisiana implementation plan failed to meet the requirements of
Sec. 51.280 by showing a lack of manpower and funds necessary to carry
out the plan (during the five years after its submission). Since
January 1972, Louisiana has submitted over 62 SIP revisions which EPA
has approved and incorporated-by-reference in Sec. 52.970(c). EPA's
approval actions include comprehensive submittals made pursuant to the
1977 and 1990 CAA Amendments, portions of which are referenced
elsewhere in today's actions. Section 52.978 is therefore legally
obsolete, and accordingly is being deleted.
40 CFR 52.988 Rules and regulations: Section 52.988 (a) states
that the requirements of Sec. 51.281 are not met since the definitions
of ``particulate matter'' and ``suspended particulate matter'', as
provided in LAC:33:III:111 (formerly Secs. 4.47 and 4.72,
respectively), could make applicable emission limitations of the
Louisiana Department of Environmental Quality (LDEQ) unenforceable in
some circumstances. Therefore,
[[Page 16057]]
LAC:33:III:111 ``particulate matter'' and ``suspended particulate
matter'' were disapproved. Sections 52.988 (b) and (c) respectively
prescribe definitions of particulate matter applicable to the following
chapters in LAC:33:III: 1) Chapters 13 and 56 (formerly Regulation 9.0
and 27.0 respectively); and 2) Chapter 13 (formerly Regulations 19.0,
20.0, 21.0) and Chapter 23, Subchapters A and B (formerly Regulations
23.0 and 28.0 respectively). The State of Louisiana has since adopted
definitions to cover these areas and EPA has approved them, making
Sec. 52.988 obsolete. See Sec. 52.970(c)(50); 54 FR 25451 (June 15,
1989). Specifically, LDEQ revised its definition of particulate matter
and total suspended particulate and added definitions for particulate
matter emissions, PM10, and PM10 emissions. These definitions
are essentially identical to the Federal definitions. LDEQ also deleted
its definition for suspended particulate matter, which EPA had
disapproved in a March 28, 1979 rulemaking notice. EPA approved all
these changes in the June 15, 1989 rulemaking action. Section
Sec. 52.988 is therefore legally obsolete, and accordingly is being
deleted.
New Mexico
40 CFR 52.1625 Control strategy: particulate matter: Section
52.1625 states that the New Mexico plan for total suspended
particulates (TSP) for the Albuquerque nonattainment area was
conditionally approved on five conditions as indicated. EPA may no
longer require development of control strategies designed to attain the
TSP standard after the July 1, 1987 promulgation of the particulate
matter (PM10) standard and the repeal of the TSP standard. See 52
FR 24634 (July 1, 1987). Section 52.1625 is therefore legally obsolete,
and accordingly is being deleted. Also, the Albuquerque/Bernalillo
County area is currently designated as unclassifiable for the PM10
NAAQS (see Sec. 81.332, PM10 table; 58 FR 67334, Dec. 21, 1993).
Oklahoma
40 CFR 52.1922 Approval status (last sentence): Section 52.1922
states exceptions to EPA's 1979 approval of Oklahoma's implementation
plan for attaining and maintaining national air quality standards. EPA
approved Oklahoma's post-1982 SIP revision (including State adopted
rules) for attainment of the ozone NAAQS in Tulsa County, and approved
the State's request to redesignate Tulsa County from nonattainment to
attainment for the ozone NAAQS (effective immediately upon signature of
the EPA Administrator on October 31, 1990). See Sec. 52.1920(c)(39) and
Sec. 81.337--Ozone; 56 FR 3777 (Jan. 31, 1991). The last sentence of
section 52.1922 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.1932 Control strategy and regulations: ozone: On June
16, 1975, the Governor of Oklahoma submitted to EPA revisions of
Oklahoma Regulation No. 15 for control of emissions of organic
materials as adopted (effective date) December 31, 1974. See
Sec. 52.1920(c)(11). Section 52.1932 states that subsection 15.27c of
Oklahoma Revised Regulation 15 (effective date of December 31, 1974) is
disapproved. Subsection 15.27c exempts ``agricultural purposes'' from
all provisions for hydrocarbon control. The previous (1972) regulation
did not exempt such sources. See Sec. 52.1920(c)(4). In its June 16,
1975 submittal, the State did not provide EPA with justification for
relaxation of the 1972 regulation or with an analysis of the air
quality impact of exempting previously controlled sources. The EPA
could not approve relaxation of an approved SIP regulation without such
an analysis. Thus, subsection 15.27c was disapproved on March 31, 1978,
at 43 FR 13574.
Since March 1978, when this rule was published, the State has shown
sufficient justification for relaxation of the 1972 regulation (i.e.,
for approval of the subsection 15.27c exemption). Specifically, EPA
approved Oklahoma's post-1982 SIP revision (including State adopted
rules) for attainment of the ozone NAAQS in Tulsa County, and approved
the State's request to redesignate Tulsa County from nonattainment to
attainment for the ozone NAAQS (effective immediately upon signature of
the EPA Administrator on October 31, 1990). (Oklahoma Regulation 15.27c
was subsequently renumbered as State Regulation 3.7.1.(d)(3), and again
renumbered as State Regulation 310:200-37-4(c).)
Specifically, the post-1982 Oklahoma ozone nonattainment SIP
demonstrated attainment of the ozone NAAQS in Tulsa County by December
31, 1987, without taking credit for the emission reductions from
Sec. 52.1932 promulgated by EPA in March 1978. The emission reductions
from the federally promulgated measure were not included in either a)
the State's base-year (1984) emission inventory or b) the anticipated
emission reductions, from the post-1982 SIP demonstrating attainment of
the ozone standard for Tulsa County. Also the State did not take any
such credit in the modeling input parameters they used in the plan.
Consequently, EPA's rationale for disapproving Regulation 15.27c became
moot with EPA's approval of the post-1982 ozone attainment
demonstration, and this rule Sec. 52.1932 is now obsolete.
For example, the Reasonable Further Progress (RFP) curve submitted
with the post-1982 ozone SIP predicted sufficient VOC emission
reductions would be achieved with the implementation of the State
regulations and the continuation of the Federal Motor Vehicle Control
Program to attain the ozone NAAQS. The curve shows that a VOC emissions
decrease of 19.7 percent was to occur in Tulsa County between 1984 and
1986. This anticipated decrease was without taking credit for the
federally promulgated measure at Sec. 52.1932. The State demonstrated
that a 12 percent decrease of VOC emissions was required to attain the
ozone NAAQS, which was more than met with its post-1982 ozone SIP.
Thus, the federally promulgated measure at Sec. 52.1932 is obsolete
and has been superseded by SIP control strategies approved by EPA in
June and October 1990 (see Sec. 52.1920(c)(36), 55 FR 23734 (June 12,
1990) and Sec. 52.1920(c)(39), 56 FR 3777 (Jan. 31, 1991)). Section
52.1932 is therefore legally obsolete, and accordingly is being
deleted.
Texas
40 CFR 52.2273 Approval status (last sentence of first paragraph
and paragraph (a)): Section 52.2273 states exceptions to EPA's approval
of Texas' implementation plan for attaining and maintaining national
air quality standards. The disapproval of the lead SIP was superseded
by a later lead SIP approval by EPA. See Sec. 52.2770(c)(65), 53 FR
16261 (May 6, 1988). Texas has also adopted RACT rules for the sources
covered by CTGs and EPA has approved them. See Sec. 52.2270(c)(77), 57
FR 44124 (Sept. 24, 1992). The last sentence of the first paragraph and
paragraph (a) of section 52.2273 are therefore legally obsolete, and
accordingly are being deleted.
40 CFR 52.2294, 40 CFR 52.2296, 40 CFR 52.2297, 40 CFR 52.2298
Transportation control measures (TCM's) FIP: These regulations were
made obsolete by 40 CFR 52.2270. The following miscellaneous provisions
for the State of Texas, which date back to the early 1970's and arise
from a FIP, are obsolete because they have been superseded by approved
SIP control strategies (see Sec. 52.2270(c)(20), 45 FR 19244 (Mar. 25,
1980) and Sec. 52.2770(c)(24), 45 FR 52148 (Aug. 6, 1980):
[[Page 16058]]
Sec.
52.2294 Texas Incentive Program to Reduce Vehicle Emissions Through
Increased Bus and Carpool Use.
52.2296 Texas Carpool Matching and Promotion System.
52.2297 Texas Employer Mass Transit and Carpool Incentive Program.
52.2298 Texas Monitoring Transportation Mode Trends.
Specifically, the 1979 Texas ozone nonattainment SIP demonstrated
attainment of the ozone NAAQS in Bexar, Dallas and Tarrant Counties by
0December 31, 1982, and in Harris County by December 31, 1987, without
taking credit for the EPA transportation control measures (TCM's)
promulgated July 21, 1977. The emission reductions from the federally
promulgated TCM's were not included in either a) the State's base-year
(1977) emission inventories or b) the anticipated emission reductions,
from the 1979 SIP demonstrating attainment of the ozone standard for
the above four counties. Also, the State did not take any such credit
in the modeling input parameters they used in the plan. (Note: the
State used modified rollback to determine the percent of VOC emissions
reductions required.)
Thus, the four federally promulgated TCM's are obsolete and have
been superseded by SIP control strategies approved by EPA in March and
August 1980 (see Sec. 52.2270(c)(20), and Sec. 52.2270(c)(24)).
Accordingly, Sec. 52.2294, and Secs. 52.2296-52.2298 are being deleted.
40 CFR 52.2305 Lead control plan: Section 52.2305 sets a
compliance date for the owner or operator of any copper or zinc smelter
located in El Paso County, Texas, to comply with the requirements of
TACB Rule 113.53; the final compliance date is August 13, 1987. Thus
these facilities were required to have come into compliance eight years
ago and Sec. 52.2305 is now obsolete. Any remaining issues with regards
to compliance will be dealt with under the currently applicable
requirements. Accordingly, Sec. 52.2305 is being deleted.
Note: The disapproval of the lead SIP was superseded by a later
lead SIP approval by EPA. See Sec. 52.2270(c)(65); 53 FR 16261 (May
6, 1988). The State demonstrated attainment by August 1987, more
than eight years ago. In the May 6, 1988 Federal Register action,
EPA announced approval of the demonstration of attainment by August
14, 1987, of the Texas Lead SIP for El Paso County and the limited
area surrounding ASARCO. That Federal Register action approved the
entire lead SIP for El Paso.
Region 7 (Iowa, Kansas, Missouri, Nebraska)
Iowa
40 CFR 52.826 Control strategy: particulate matter: Section 52.826
states conditions under which EPA can approve Iowa nonattainment plans
for the secondary air quality standard for total suspended particulates
(TSP). EPA may no longer require development of control strategies
designed to attain the TSP standard after the July 1, 1987 promulgation
of the particulate matter (PM10) standard and the repeal of the
TSP standard. See 52 FR 24634 (July 1, 1987). Section 52.826 is
therefore legally obsolete, and accordingly is being deleted.
40 CFR 52.829 Review of new sources and modifications: Section
52.829 rescinds approval of Iowa's NSR program for nonattainment areas
(after December 31, 1980) if the State fails to submit a revised NSR
regulation by that date. The State submitted revised regulations for
NSR in nonattainment areas. EPA gave full final approval to the State's
NSR program. See 50 FR 37176 (Sept. 12, 1985) and 51 FR 25199 (July 11,
1986). Section 52.829 is therefore legally obsolete, and accordingly is
being deleted.
Kansas
40 CFR 52.873(a) (retain (b)) Approval status: Section 52.873(a)
states exceptions to EPA's approval of Kansas' implementation plan for
attaining and maintaining national air quality standards. Kansas
submitted the necessary corrections to its CAA Part D SIP. EPA gave
full and final approval to this SIP revision on January 12, 1984. See
49 FR 1491. Section 52.873(a) is therefore legally obsolete, and
accordingly is being deleted.
40 CFR 52.879 Attainment dates for national standards: Section
52.879 sets forth the dates by which national air quality standards are
to be attained. All of the dates in the regulation have been superseded
by new dates in the 1990 CAAA provisions. Section 52.879 is therefore
legally obsolete, and accordingly is being deleted.
Missouri
40 CFR 52.1324 General requirements: Section 52.1324 states
procedures whereby the Regional Administrator can obtain emissions data
in instances where Missouri has inadequate legal authority to do so.
Missouri submitted a rule which provided for the submission of
emissions data. On April 17, 1986, EPA approved the rule as a revision
to the Missouri SIP, thus correcting the plan deficiency. See 51 FR
13000. Section 52.1324 is therefore legally obsolete, and accordingly
is being deleted.
Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Montana
40 CFR 52.1374 Review of new source and modification: Section
52.1374 implements the provisions of Sec. 52.22(b), which included
provisions for indirect source review and for disapproving SIPs for
failing to meet indirect source review requirements contained in
Sec. 51.12 (no longer exists). In the June 29, 1995 regulatory
streamiling notice, section 52.22(b) was determined to be legally
obsolete; therefore, Sec. 52.1374 is also obsolete. Accordingly, EPA is
deleting Sec. 52.1374 from the CFR.
40 CFR 52.1375 Attainment dates for national standards: Section
52.1375 states the dates by which national ambient air quality
standards are to be attained for Montana. The dates in the regulation
have been superseded by new dates in the 1990 CAAA provisions, except
with respect to attainment and maintenance of the sulfur dioxide
secondary NAAQS. Pursuant to the 1970 amended CAA, States were to
submit plans that provided for implementation, maintenance, and
enforcement of the national ambient air quality standards within each
air quality control region in the State. Such plan was to specify the
projected dates of attainment for the primary and secondary standards.
Montana submitted its plan on March 22, 1972 with supplemental
information submitted on May 10, 1972. EPA approved, with some
exceptions, that SIP and created the format for the current table found
in Sec. 52.1375 in a May 31, 1972 Federal Register action (37 FR
10842). For areas that did not have specified attainment dates in the
SIP, EPA established attainment dates.
Pursuant to the 1977 amended CAA, States were to submit a list of
the NAAQS attainment status of all areas within the State. The
Administrator was to promulgate the State lists with any necessary
modifications. The attainment status for Montana was published on March
3, 1978 (43 FR 8962). The only two areas listed as not meeting the
secondary sulfur dioxide NAAQS were the East Helena and Anaconda areas.
The fact that EPA only designated two areas (Anaconda and East
Helena) as not meeting the secondary sulfur dioxide NAAQS in March 1978
evidences that all the other areas listed in the table in Sec. 52.1375
that show a specific attainment date for the secondary sulfur
[[Page 16059]]
dioxide NAAQS had attained the NAAQS. These old secondary sulfur
dioxide attainment dates may be deleted as obsolete for those areas
that have since attained the NAAQS.
With respect to the two areas listed in table Sec. 52.1375 that
were also listed as nonattainment areas for the secondary sulfur
dioxide NAAQS in the March 3, 1978 notice, EPA approved the SIP for the
Anaconda area on January 10, 1980 (45 FR 2034) and redesignated the
area to attainment on July 15, 1982 (47 FR 30763). Therefore, for
Anaconda, since EPA has determined that the area has attained the
NAAQS, the attainment date may be deleted as obsolete. For the East
Helena area, the secondary SIP has not yet been submitted nor has EPA
determined that the area has attained the NAAQS. Since the
Administrator has not established a new attainment date for the area
pursuant to the 1990 CAAA, the attainment date for the secondary sulfur
dioxide NAAQS for the area remains as December 31, 1982.
Therefore, the table and paragraph preceding the table should be
deleted and replaced with the following: The attainment date for the
secondary NAAQS for sulfur dioxide for East Helena is December 31,
1982.
40 CFR 52.1376 (a) and (c) Extensions: Section 52.1376 extends the
attainment date for the national standards for sulfur oxides in the
Helena Intrastate Region of Montana. The attainment date extensions are
superseded by new dates in the 1990 CAAA provisions, except with regard
to the secondary sulfur dioxide NAAQS. Sections 52.1376(a) and (c) are
therefore legally obsolete, and accordingly are being deleted. Section
52.1376(b) is renumbered (a) and is modified: On October 7, 1993 (58 FR
52237), EPA granted the request by the State for the full three years
allowed by section 172(b) of the CAA, as amended in 1990, for submittal
of the SIP for the East Helena area to attain and maintain the sulfur
dioxide secondary NAAQS. Therefore, the SIP for the area was due
November 15, 1993. The SIP was not submitted by that date.
North Dakota
40 CFR 52.1824(a), (b) Review of new source and modification:
Section 52.1824(a) and (b) implement the provisions of Sec. 52.22(b),
which included provisions for indirect source review and for
disapproving SIPs for failing to meet indirect source review
requirements contained in Sec. 51.12 (no longer exists). Section
52.22(b) has been determined to be obsolete; therefore, Sec. 52.1824(a)
and (b) is also obsolete. Accordingly, Secs. 52.1824(a) and (b) are
being deleted.
Utah
40 CFR 52.2322 Extensions: Section 52.2322 extends the attainment
date for the national standards for CO in the Wasatch Front intrastate
region of Utah. The attainment date extensions are superseded by new
dates in the 1990 CAAA provisions. The secondary sulfur dioxide NAAQS
SIP requirements were met. See 59 FR 64329 (Dec. 14, 1994). Section
52.2322 is therefore legally obsolete, and accordingly is being
deleted.
40 CFR 52.2331 Attainment dates for national standards: Section
52.2331 states dates by which national ambient air quality standards
are to be attained for Utah. The dates in the regulation have been
superseded by new dates in 1990 CAAA provisions, except relating to the
secondary NAAQS for sulfur dioxide. Section 52.2331 is being deleted
and replaced with the following statement: The attainment date for the
secondary NAAQS for sulfur dioxide for Salt Lake County and portions of
Tooele County is December 31, 1994. December 31, 1994 is the attainment
date because the PM10 SIP for Salt Lake County, approved by EPA on
July 8, 1994 (59 FR 35036), requires Kennecott to meet a certain
SO2 emission limit by December 31, 1994, by either adding a double
contact acid plant or plant operation restrictions. The SO2 SIP
indicates that at the SO2 limit mentioned in the PM10 SIP,
the area will attain the SO2 NAAQS.
Wyoming
40 CFR 52.2623 Review of new source and modification: Section
52.2623 implements the provisions of Sec. 52.22(b), which included
provisions for indirect source review and for disapproving SIPs for
failing to meet indirect source review requirements contained in
Sec. 51.12 (no longer exists). Section 52.22(b) has been determined to
be obsolete, therefore, Sec. 52.2623 is also obsolete. Accordingly,
Sec. 52.2623 is being deleted.
Region 10 (Alaska, Idaho, Oregon, Washington)
Alaska
40 CFR 52.74 Legal Authority: Section 52.74 relates to a required
indirect source review in the carbon monoxide area in Alaska. Indirect
source requirements as a condition of SIP approval were made obsolete
by CAA Sec. 110(a)(5)(A). Section 52.74 is therefore legally obsolete,
and accordingly it is being deleted.
Idaho
40 CFR 52.676 Control strategy: sulfur oxides: Section 52.676
states implementation plan requirements for control of sulfur dioxide
emissions for the Bunker Hill Company lead and zinc smelter in Idaho.
Since the Bunker Hill Company no longer exists and any reopening of the
facility would be subject to new requirements under NSR or PSD, this
regulation is obsolete. Accordingly, Sec. 52.676 is being deleted.
40 CFR 52.680 Attainment dates for national standards: Section
52.680 states all of dates by which national ambient air quality
standards are to be attained for Idaho. All of the attainment dates in
the regulation have been superseded by new dates in 1990 CAAA
provisions. This regulation is therefore obsolete, and accordingly is
being deleted.
40 CFR 52.684 Control Strategy: carbon monoxide: Section 52.684
(45 FR 70261 (Oct. 23, 1980), 40 CFR 52.670 (c)(19)) states the
implementation plan requirements for controlling carbon monoxide in
Idaho. The control strategy was put in place to assure that the
standards were met prior to December 31, 1987, and the SIP has since
been approved. See Sec. 52.670(c)(23),(24), 50 FR 23810 and 23811 (June
6, 1985); 51 FR 22808 (June 23, 1986). This regulation is therefore
obsolete, and accordingly is being deleted.
40 CFR 52.686 Inspection and maintenance program: Section 52.686
(45 FR 70261 (Oct 23, 1980), 40 CFR 52.670 (c)(19)) requires an Idaho
I/M implementation plan revision. The I/M SIP was submitted and
approved at Sec. 52.670(c)(23), 50 FR 23810 and 23811 (June 6, 1985).
Therefore, Sec. 52.686 is being deleted.
Oregon
40 CFR 52.1973 Attainment dates for national standards: Section
52.1973 states all of dates by which national ambient air quality
standards are to be attained for Oregon. All of the attainment dates in
the regulation have been superseded by new dates in 1990 CAAA
provisions. This regulation is therefore obsolete, and accordingly is
being deleted.
40 CFR 52.1981 Extensions: Section 52.1981 extends the attainment
date for the national standards for CO for certain areas in Oregon. The
attainment date extensions are superseded by the 1990 CAAA provisions.
This regulation is therefore obsolete, and accordingly is being
deleted.
Washington
40 CFR 52.2483 Resources: Section 52.2483 states that the
Washington
[[Page 16060]]
implementation plan failed to meet the requirements of Sec. 51.280
because the transportation control plan does not contain a sufficient
description of resources available to the State and local agencies to
carry out the plan during the five year period following submittal.
This section is obsolete and has been superseded by approved SIP
control strategies for all CO and ozone nonattainment areas. See 40 CFR
52.2470(22) (Seattle) and 40 CFR 52.2470(24) Spokane, 46 FR 45607
(Sept. 24, 1981) (Seattle) and 47 FR 1266 (March 22, 1982). Section
52.2483 is therefore legally obsolete, and accordingly is being
deleted.
III. Final Action
EPA determines that the above-referenced rules should be deleted or
modified at this time. This action will become effective on June 10,
1996. However, if the EPA receives adverse comments by May 13, 1996,
then the EPA will publish a notice that withdraws the portions of the
action on which EPA received the adverse comments, and will address
those comments in a separate final action.
IV. Analyses Under E.O. 12866, the Unfunded Mandates Reform Act of
1995, the Regulatory Flexibility Act, and the Paperwork Reduction
Act
Because the withdrawal of these rules from the CFR merely withdraws
obsolete, duplicative, or superfluous requirements, this action is not
a ``significant'' regulatory action within the meaning of Executive
Order 12866.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Today's
determination does not create any new requirements, but allows deletion
or modification of existing requirements which are obsolete,
duplicative, superfluous, unnecessary, or otherwise unduly burdensome.
I therefore certify that it does not have any significant impact on any
small entities affected.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act'') signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
EPA's final action here does not impose upon the states any federal
intergovernmental mandate, as defined in section 101 of the Unfunded
Mandates Act. No additional costs to State, local, or tribal
governments, or to the private sector, result from this action, which
deletes or eases the indicated requirements. Thus, EPA has determined
that this final action does not include a mandate that may result in
estimated costs of $100 million or more to either State, local or
tribal governments in the aggregate, or to the private sector.
Finally, EPA here is merely removing or revising superfluous
requirements, their deletion from the CFR does not affect requirements
under the Paperwork Reduction Act.
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 June 10, 1996.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 52
Air pollution control, Carbon monoxide, Environmental Protection
Agency, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 15, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, and under the authority of
42 U.S.C. 7401-7671q, title 40, chapter I of the Code of Federal
Regulations is amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 51.100 [Removed]
2. Section 51.100(o) is removed.
Sec. 51.101 [Removed]
3. Section 51.101 is removed.
Sec. 51.104 [Amended]
4. In Sec. 51.104, paragraphs (a), (b) and (e) are removed, and
paragraphs (c), (d), (f), and (g) are redesignated (a), (b), (c) and
(d) respectively.
Sec. 51.110 [Amended]
5. In Sec. 51.110, paragraphs (a), (c), (e), (f), (g), (h), (i),
(j), (k), and (l) are removed, and paragraph (d) is redesignated as (a)
and paragraph (b) is removed and reserved.
Sec. 51.213 [Removed]
6. Section 51.213 is removed.
Sec. 51.241 [Amended]
7. Section 51.241 (b) through (f) are removed and reserved.
Secs. 51.243-51.248 [Removed]
8. Sections 51.243 through 51.248 are removed.
Secs. 51.250-51.252 [Removed]
9. Sections 51.250 through 51.252 are removed.
Sec. 51.325 [Removed]
10. Section 51.325 is removed.
PART 52--[AMENDED]
11. The authority citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
12. In Sec. 52.02, paragraph (d) is revised to read as follows:
Sec. 52.02 Introduction.
* * * * *
(d) All approved plans and plan revisions listed in subparts B
through DDD of this part and on file at the Office of the Federal
Register are approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Notice of amendments to the plans will be published in the Federal
Register. The plans and plan revisions are available for inspection at
the Office of the Federal Register, 800 North Capitol Street, N.W.,
suite 700, Washington, D.C. In addition the plans and plan revisions
are available at the following locations:
(1) Office of Air and Radiation, Docket and Information Center (Air
Docket), EPA, 401 M Street, S.W., Room M1500, Washington, D.C. 20460.
(2) The appropriate EPA Regional Office as listed below:
(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. Environmental Protection Agency, Region 1, John F. Kennedy
Federal Building, One Congress Street, Boston, MA 02203.
(ii) New York, New Jersey, Puerto Rico, and Virgin Islands.
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY
10007-1866.
[[Page 16061]]
(iii) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
841 Chestnut Building, Philadelphia, PA 19107.
(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee Environmental Protection
Agency, Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365.
(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604-3507.
(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross
Avenue, Suite 1200, Dallas TX 75202-2733.
(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental
Protection Agency, Region 7, 726 Minnesota Avenue, Kansas City, KS
66101.
(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. Environmental Protection Agency, Region 8, 999 18th Street,
Suite 500, Denver, CO 80202-2466.
(ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam.
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105.
(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
* * * * *
Sec. 52.03 [Removed]
13. Section 52.03 is removed.
14. Section 52.16 is revised to read as follows:
Sec. 52.16 Submission to Administrator.
(a) All requests, reports, applications, submittals, and other
communications to the Administrator pursuant to this part shall be
submitted in duplicate and addressed to the appropriate Regional Office
of the Environmental Protection Agency.
(b) The Regional Offices are as follows:
(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. EPA Region 1, John F. Kennedy Federal Building, One
Congress Street, Boston, MA 02203.
(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA
Region 2, 290 Broadway, New York, NY 10007-1866.
(3) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. EPA Region 3, 841 Chestnut Building,
Philadelphia, PA 19107.
(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. EPA Region 4, 345 Courtland
Street, N.E., Atlanta, GA 30365.
(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA
Region 6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX
75202-2733.
(7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726
Minnesota Avenue, Kansas City, KS 66101.
(8) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202-
2466.
(9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam.
EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200
6th Avenue, Seattle, WA 98101.
Sec. 52.19 [Removed]
15. Section 52.19 is removed.
Sec. 52.74 [Removed and reserved]
16. Section 52.74 is removed and reserved.
Sec. 52.175 [Removed and reserved]
17. Section 52.175 is removed and reserved.
Sec. 52.676 [Removed and reserved]
18. Section 52.676 is removed and reserved.
Sec. 52.680 [Removed and reserved]
19. Section 52.680 is removed and reserved.
Sec. 52.684 [Removed and reserved]
20. Section 52.684 is removed and reserved.
Sec. 52.686 [Removed and reserved]
21. Section 52.686 is removed and reserved.
Sec. 52.727 [Removed and reserved]
22. Section 52.727 is removed and reserved.
Sec. 52.729 [Removed and reserved]
23. Section 52.729 is removed and reserved.
Secs. 52.731-734 [Removed and reserved]
24. Sections 52.731 through 52.734 are removed and reserved.
Sec. 52.826 [Removed and reserved]
25. Section 52.826 is removed and reserved.
Sec. 52.829 [Removed and reserved]
26. Section 52.829 is removed and reserved.
Sec. 52.873 [Removed and reserved]
27. In Sec. 52.873, paragraph (a) is removed and paragraph (b) is
redesignated as paragraph (a).
Sec. 52.879 [Removed and reserved]
28. Section 52.879 is removed and reserved.
Sec. 52.972 [Removed and reserved]
29. Section 52.972 is removed and reserved.
Sec. 52.978 [Removed and reserved]
30. Section 52.978 is removed and reserved.
Sec. 52.988 [Removed and reserved]
31. Section 52.988 is removed and reserved.
Sec. 52.1073 [Amended]
32. In Sec. 52.1073, paragraphs (b) and (c) are removed and
paragraphs (d), (e) and (f) are redesignated paragraphs (b), (c) and
(d), respectively.
Sec. 52.1082 [Removed and reserved]
33. Section 52.1082 is removed and reserved.
Secs. 52.1086-52.1088 [Removed and reserved]
34. Sections 52.1086 through 52.1088 are removed and reserved.
Sec. 52.1101 [Removed and reserved]
35. Section 52.1101 is removed and reserved.
Sec. 52.1102 [Removed and reserved]
36. Section 52.1102 is removed and reserved.
Sec. 52.1107 [Removed and reserved]
37. Section 52.1107 is removed and reserved.
Sec. 52.1127 [Removed and reserved]
38. Section 52.1227 is removed and reserved.
Sec. 52.1324 [Removed and reserved]
39. Section 52.1324 is remvoed and reserved.
Sec. 52.74 [Removed and reserved]
40. Section 52.1374 is removed and reserved.
41. Section 52.1375 is revised to read as follows:
Sec. 52.1375 Attainment dates for national standards.
The attainment date for the secondary NAAQS for sulfur dioxide for
East Helena is December 31, 1982.
42. Section 52.1376 is revised as follows:
[[Page 16062]]
Sec. 52.1376 Extensions.
On October 7, 1993, EPA granted the request by the State for the
full three years allowed by section 172(b) of the CAA, as amended in
1990, for submittal of the SIP for the East Helena area to attain and
maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the
area was due November 15, 1993. The SIP was not submitted by that date.
Sec. 52.1625 [Removed and reserved]
43. Section 52.1625 is removed and reserved.
Sec. 52.1824 [Amended]
44. In Sec. 52.1824, paragraphs (a) and (b) are removed and
reserved.
45. Section 52.1875 is revised as follows:
Sec. 52.1875 Attainment dates for achieving the sulfur dioxide
secondary standard.
The attainment date for achieving the sulfur dioxide (SO2)
secondary national ambient air quality standard (NAAQS) is August 27,
1979 except as follows. The following sources are required to achieve
the secondary SO2 NAAQS by June 17, 1980: Youngstown Sheet & Tube
Co.; PPG Industries, Inc.; Wheeling-Pittsburgh Steel Corp.; Pittsburgh-
Canfield Corporation; The Timken Company; The Sun Oil Co.; Sheller-
Globe Corp.; The B.F. Goodrich Company; Phillips Petroleum Co.; Shell
Oil Co.; Federal Paper Board Co.; The Firestone Tire & Rubber Co.;
Republic Steel Corp.; Chase Bag Co.; White-Westinghouse Corp.; U.S.
Steel Corp.; Interlake, Inc.; Austin Power Co.; Diamond Crystal Salt
Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil Co.; The Standard Oil
Co.; Champion International Corp.; Koppers Co., Inc.; General Motors
Corp.; E.I. duPont de Nemours and Co.; Coulton Chemical Corp.; Allied
Chemical Corp.; Specialty Chemical Division; The Hoover Co.; Aluminum
Co. of America; Ohio Greenhouse Asso.; Armco Steel Corp.; Buckeye
Power, Inc.; Cincinnati Gas and Electric; Cleveland Electric
Illuminating Co.; Columbus and Southern Ohio Electric; Dayton Power and
Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric Co.;
Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA Rubber
Co. The Ashland Oil Company is subject to a secondary SO2 NAAQS
attainment date of September 14, 1982. The following sources located in
Summit County are required to achieve the secondary SO2 NAAQS by
January 4, 1983: Diamond Crystal Salt; Firestone Tire & Rubber Co.;
General Tire & Rubber Co.; General Tire & Rubber; B.F. Goodrich Co.;
Goodyear Aerospace Corp.; Goodyear Tire & Rubber Co.; Chrysler Corp.;
PPG Industries Inc.; Seiberling Tire & Rubber; Terex Division of
General Motors Corp.; Midwest Rubber Reclaiming; Kittinger Supply Co.
The boiler of PPG Industries, Inc. located in Summit County must
achieve attainment of the secondary SO2 NAAQS by August 25, 1983.
The Portsmouth Gaseous Diffusion Plant in Pike County is required to
attain the secondary SO2 NAAQS by November 5, 1984. The Ohio Power
Company Galvin Plant located in Gallia County is required to attain the
secondary SO2 NAAQS by August 25, 1985.
Sec. 52.1878 [Removed and reserved]
46. Section 52.1878 is removed and reserved.
Sec. 52.1885 [Amended]
47. In Sec. 52.1885, paragraphs (e) through (q) are removed.
Sec. 52.1992 [Amended]
48. Section 52.1922 is amended by removing the last sentence of the
paragraph.
Sec. 52.1932 [Removed and reserved]
49. Section 52.1932 is removed and reserved.
Sec. 52.1973 [Removed and reserved]
50. Section 52.1973 is removed and reserved.
Sec. 52.1981 [Removed and reserved]
51. Section 52.1981 is removed and reserved.
Sec. 52.2023 [Amended]
52. In Sec. 52.2023 paragraphs (b) through (d), (f) and (g) are
removed and paragraph (e) is redesignated paragraph (b) and paragraphs
(h) and (i) are redesignated (c) and (d), respectively.
Sec. 52.2030 [Removed and reserved]
53. Section 52.2030(b) is removed and reserved.
Sec. 52.2031 [Removed and reserved]
54. Section 52.2031 is removed and reserved.
55. Section 52.2034 is revised to read as follows:
Sec. 52.2034 Attainment dates for national standards.
With regard to Northumberland County, Snyder County, and Allegheny
County, Pennsylvania has not submitted a plan, as of December 31, 1979,
providing for the attainment and maintenance of the secondary sulfur
dioxide (SO2) standards.
Sec. 52.2038 [Removed and reserved]
56. Section 52.2038 is removed and reserved.
Sec. 52.2039 [Removed and reserved]
57. Section 52.2039 is removed and reserved.
Sec. 52.2041 [Removed and reserved]
58. Section 52.2041 is removed and reserved.
Sec. 52.2042 [Removed and reserved]
59. Section 52.2042 is removed and reserved.
Sec. 52.2043 [Removed and reserved]
60. Section 52.2043 is removed and reserved.
Sec. 52.2049 [Removed and reserved]
61. Section 52.2049 is removed and reserved.
Sec. 52.2050 [Removed and reserved]
62. Section 52.2050 is removed and reserved.
Sec. 52.2051 [Removed and reserved]
63. Section 52.2051 is removed and reserved.
Sec. 52.2053 [Removed and reserved]
64. Section 52.2053 is removed and reserved.
Sec. 52.2273 [Amended]
65. Section 52.2273 is amended by removing the last sentence of the
first paragraph and all of paragraph (a).
Sec. 52.2294 [Removed and reserved]
66. Section 52.2294 is removed and reserved.
Secs. 52.2296-52.2298 [Removed and reserved]
67. Sections 52.2296 through 52.98 are removed and reserved.
Sec. 52.2305 [Removed and reserved]
68. Section 52.2305 is removed and reserved.
Sec. 52.2322 [Removed and reserved]
69. Section 52.2322 is removed and reserved.
70. Section 52.2331 is revised as follows:
Sec. 52.2331 Attainment dates for national standards.
The attainment date for the secondary NAAQS for sulfur dioxide for
Salt Lake County and portions of Tooele County is December 31, 1994.
Sec. 52.2423 [Removed and reserved]
71. Section 52.2423(b) and (c) are removed and reserved.
Sec. 52.2430 [Removed and reserved]
72. Section 52.2430 is removed and reserved.
[[Page 16063]]
Sec. 52.2431 [Removed and reserved]
73. Section 52.2431 is removed and reserved.
Sec. 52.2435 [Removed and reserved]
74. Section 52.2435 is removed and reserved.
Sec. 52.2436 [Amended]
75. In Sec. 52.2436, paragraph (a) is removed and reserved.
Sec. 52.2438 [Removed and reserved]
76. Section 52.2438 is removed and reserved.
Sec. 52.2440 [Removed and reserved]
77. Section 52.2440 is removed and reserved.
Sec. 52.2483 [Removed and reserved]
78. Section 52.2483 is removed and reserved.
79. Section 52.2523 is revised to read as follows:
Sec. 52.2523 Attainment dates for national standards.
The New Manchester and Grant Magisterial Districts in Hancock
County are expected to attain and maintain the secondary sulfur dioxide
(SO2) standards as soon as the Sammis Power Plant meets the
SO2 limitations in the Ohio State Implementation Plan.
Sec. 52.2623 [Removed and reserved]
80. Section 52.2623 is removed and reserved.
[FR Doc. 96-8744 Filed 4-10-96; 8:45 am]
BILLING CODE 6560-50-P
