Approval and Promulgation of Air Quality Implementation Plans; Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia; Removal of Obsolete Regulations and Updates to Citations to State Regulations Due to Recodification, 33977-33986 [2013-13353]
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia, and
West Virginia; Removal of Obsolete
Regulations and Updates to Citations
to State Regulations Due to
Recodification
■
[EPA–R03–OAR–2012–0955; FRL–9819–6]
2. Add § 165.T09–0419 to read as
follows:
■
§ 165.T09–0419 Safety Zone; Flagship
Niagara Mariners Ball Fireworks, Presque
Isle Bay, Erie, PA.
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(a) Location. This zone will
encompass all waters of Presque Isle
Bay, Erie, PA within a 420 foot radius
of position 42°08′21.5″ N and
80°05′16.7″ W (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on June 8, 2013, from 9:30 p.m.
until 11 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: May 28, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2013–13426 Filed 6–5–13; 8:45 am]
BILLING CODE 9110–04–P
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Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to remove over fifty rules in the
Code of Federal Regulations (CFR) at 40
CFR part 52 for Delaware, the District of
Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia because
they are unnecessary or obsolete. EPA is
also taking direct final action to clarify
regulations in 40 CFR part 52 to reflect
updated citations of certain Virginia
rules due to the Commonwealth’s
recodification of its regulations at the
state level. These direct final actions
make no substantive changes to these
State Implementation Plans (SIPs) and
impose no new requirements. In the
proposed rules section of this Federal
Register, EPA is also proposing to
remove and clarify these regulations and
is soliciting public comment. If adverse
comments are received on the direct
final rule, EPA will withdraw the
portions of the final rule that triggered
the comments. Any portions of the final
rule for which no adverse or critical
comment is received will become final
after the designated period.
DATES: This rule is effective on August
5, 2013 without further notice, unless
EPA receives adverse written comment
by July 8, 2013. If EPA receives such
comments, it will publish a timely
withdrawal of that portion of the direct
final rule in the Federal Register which
is adversely commented upon, and
inform the public that that portion of
the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0955 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: frankford.harold@epa.gov.
C. Mail: EPA–R03–OAR–2012–0955,
Harold A. Frankford, Mailcode 3AP00,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
SUMMARY:
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D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0955. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108, or
by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
This action pertains to six subparts in
40 CFR part 52 for six states. Those six
states are Delaware, the District of
Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia. EPA is
removing rules from these states’
subparts of 40 CFR part 52 because they
pertain to state regulations that are
outdated or legally obsolete in whole or
in part. This action is being taken
pursuant to Executive Order 13563—
Improving Regulation and Regulatory
Review. One aspect of this action
involves an effort to reduce the number
of pages in the CFR by identifying those
rules in 40 CFR part 52 that are
duplicative, outdated or obsolete. This
action removes several rules from 40
CFR part 52 that no longer have any use
or legal effect because they have been
superseded by subsequently approved
SIP revisions. This action also amends
certain rules by revising incorrect or
outdated state regulatory citations and
state agencies’ office addresses.
One aspect of EPA’s action, affecting
all six states, removes historical
information found in the ‘‘Original
Identification of plan’’ sections in 40
CFR part 52. These paragraphs are no
longer necessary because EPA has
promulgated administrative rule actions
to replace these paragraphs with
summary tables. These summary tables
describe the regulations, source-specific
actions, and non-regulatory
requirements which comprise the SIPs
for the six states. Another aspect of
EPA’s action, affecting Delaware, the
District of Columbia, Maryland,
Pennsylvania, and Virginia, removes
rules pertaining to regulations that
cross-reference the California Low
Emission Vehicle (LEV) program in 40
CFR 51.120. These regulations have
been replaced with EPA approvals of
SIP revisions implementing a National
Low Emission Vehicle (NLEV) program.
Both of these actions are described in
greater detail later in this document.
II. Removal of Obsolete or Unnecessary
Rules and Clarifications to Certain
Rules
The following regulations include
rules applicable on a state-specific basis.
EPA has reviewed these rules and found
that they should be removed or clarified
for the reasons set forth as follows:
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A. Delaware
Section 52.422 Approval status.
In paragraph 52.422(a), the second
sentence describes EPA’s approval of
Delaware’s ozone SIP under the
requirements of the 1977 Clean Air Act
(CAA). This sentence is being removed
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because EPA has subsequently approved
Delaware SIP revisions for the 1-hour
and 8-hour national ambient air quality
standards (NAAQS) for ozone under the
requirements of the 1990 CAA. See 40
CFR 52.420(c) and (e).
Paragraph 52.422(b) refers to a
commitment for Delaware to adopt a
Federal clean fuel fleet program or
alternative substitute. This paragraph is
being removed because the Federal
clean fuel fleet program is no longer a
SIP requirement.
Section 52.432 Significant
deterioration of air quality.
Paragraph 52.432(a) is obsolete
because Delaware Regulation 1125 for
its Prevention of Significant
Deterioration (PSD) permitting program
has been approved into the Delaware
SIP at section 52.420(c). Paragraph
52.432(b) is partially redundant because
the reference to 40 CFR 52.21(l)(2) is a
duplication of the regulatory
requirements of Delaware Regulation
1125, Section 3.10 which has been
approved at section 52.420(c). The first
sentence of paragraph 52.423(c) is
obsolete because Delaware’s PSD
program is a SIP-approved program
under 40 CFR part 51 and not a
delegated program of the Federal PSD
regulations found at 40 CFR 52.21. The
last sentence of paragraph 52.423(c) is
being revised to update the address of
the office of the Delaware Department of
Natural Resources and Environmental
Control (DNREC). Therefore, paragraph
52.432(a) is being removed, while
paragraphs 52.432(b) and (c) are being
revised.
Section 52.465 Original identification
of plan section.
Paragraphs 52.465(b) and (c) of this
section, originally designated as 40 CFR
52.420(b) and (c), contains historical
information only about EPA’s approval
actions for the Delaware SIP which
occurred between May 31, 1972 and
July 1, 1998. On December 7, 1998 (63
FR 67407), EPA reorganized the
Identification of plan section (section
52.420) for subpart I by listing and
summarizing Delaware’s currently
approved SIP requirements in
paragraphs 52.420(a) through (e).
Paragraphs 52.465(b) and (c) are being
removed because EPA has determined
that it is no longer necessary to codify
the information found in these
paragraphs. Paragraph 52.465(a) is being
amended to state that this historical
information will continue to be made
available in the CFR annual editions,
Title 40 part 52 (years 1999 through
2012). These annual editions are
available on line at the following url
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address: https://www.gpo.gov/fdsys/
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Code=CFR.
B. District of Columbia
Section 52.472 Approval status.
Section 52.472(b) refers to
transportation control measures (TCMs)
which EPA had promulgated as part of
the District’s 1973 SIP revisions for
photochemical oxidants and carbon
monoxide. This paragraph is being
removed because it is obsolete. The
1990 CAA revised TCM requirements.
The TCMs that currently are part of the
SIP were approved by EPA on
September 20, 2011 (76 FR 58116). See
40 CFR 52.470(e). Section 52.472(f) was
added as part of EPA’s disapproval of
the District’s nonattainment New Source
Review (NSR) program on March 24,
1995 (60 FR 15483). This paragraph is
being removed because it is obsolete.
The District has a fully approved
Nonattainment NSR program (July 31,
1997, 62 FR 40937, as amended on April
16, 2004, 69 FR 77647).
Section 52.473 Conditional approval.
On April 17, 2003, (68 FR 19106),
EPA conditionally approved the
District’s ozone nonattainment area SIP
for the Metropolitan Washington, DC
area. This section is being removed
because on April 15, 2004 (69 FR
19937), 40 CFR 52.473 was stayed
indefinitely and is no longer necessary
to be codified in this subpart.
Section 52.479 Source surveillance.
On December 6, 1973 (38 FR 33701),
EPA added paragraph 52.479(b) to state
that the carpool locator measure of the
District’s TCM SIP was not approved.
This paragraph is obsolete because this
TCM is no longer a control strategy
required by the 1990 CAA. The TCMs
that currently are part of the SIP were
approved by EPA on September 20,
2011 (76 FR 58116). Because paragraph
52.479(a) is already reserved, and there
are no other paragraphs in Section
52.479, the entire section is being
removed.
Section 52.515 Original identification
of plan section.
Paragraphs 52.515(b) and (c) of this
section, originally designated as 40 CFR
52.470(b) and (c), contains historical
information only about EPA’s approval
actions for the District of Columbia SIP
which occurred between May 31, 1972
and July 1, 1998. On December 7, 1998
(63 FR 67407), EPA reorganized the
Identification of plan section (section
52.470) for subpart J by listing and
summarizing the District’s currently
approved SIP requirements in
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paragraphs 52.470(a) through (e).
Paragraphs 52.515 (b) and (c) are being
removed because EPA has determined
that it is no longer necessary to codify
the information found in these
paragraphs. Paragraph 52.515(a) is being
amended to state that this historical
information will continue to be made
available in the CFR annual editions,
Title 40 part 52 (years 1999 through
2012). These annual editions are
available on line at the following url
address: https://www.gpo.gov/fdsys/
browse/collectionCfr.action?collection
Code=CFR.
C. Maryland
Section 52.1072
Conditional approval.
On April 17, 2003, (68 FR 19106),
EPA conditionally approved Maryland’s
ozone nonattainment area SIP for the
Metropolitan Washington DC area. This
section is being removed because on
April 15, 2004 (69 FR 19937), 40 CFR
52.1072 was stayed indefinitely and is
no longer necessary to be codified in
this subpart.
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Section 52.1073
Approval status.
On August 12, 1980 (45 FR 53460),
paragraph 52.1073(b) was added to
describe EPA’s approval, with certain
exceptions, of Maryland’s January 19,
1979 plan for attaining and maintaining
the NAAQS under Section 110 and for
meeting the requirements of part D,
Title 1, of the 1977 CAA. This paragraph
also stated, ‘‘continued satisfaction of
the requirements of part D for the ozone
portion of the SIP depends on the
adoption and submittal of reasonably
available control technology (RACT)
requirements by July 1, 1980 for the
sources covered by control technique
guidelines (CTGs) issued between
January 1978 and January 1979 and
adoption and submittal by each
subsequent January of additional RACT
requirements for sources covered by
CTGs issued by the previous January.’’
This paragraph is obsolete. It is being
removed because all RACT and CTG
requirements under the 1977 CAA have
been met and the current ozone plan is
subject to the requirements of the 1990
CAA. See 40 CFR 52.1070(c).
Paragraph 52.1073(c) describes EPA’s
approval of Code of Maryland Air
Regulations (COMAR) 26.11.13.06. This
paragraph is obsolete and is being
removed. EPA had added this paragraph
as part of a final rulemaking action
published on May 24, 1991 (56 FR
23804) at 40 CFR 52.1070(c)(88).
Maryland repealed Regulation
26.11.13.06, effective October 26, 1992.
On November 13, 1992, Maryland
submitted a SIP revision to EPA
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requesting the removal of Regulation
26.11.13.06. EPA approved that SIP
revision on June 10, 1994 (59 FR 29957).
Paragraph 52.1073(d) refers to a
commitment for Maryland to adopt a
Federal clean fuel fleet program or
alternative substitute. This paragraph is
being removed. This paragraph is
obsolete because the Federal clean fuel
fleet program is no longer a SIP
requirement.
be made available in the CFR annual
editions, Title 40 part 52 (years 2005
through 2012). These annual editions
are available on line at the following url
address: https://www.gpo.gov/fdsys/
browse/collectionCfr.action?collection
Code=CFR.
Section 52.1074 Legal authority.
This section was added to state that
Maryland lacked the necessary legal
authority to prohibit the disclosure of
emission data to the public. EPA has
deemed this section to be obsolete and
it is being removed. This section should
have been removed when EPA approved
a revision to COMAR 26.11.01.05 on
May 28, 2002 (67 FR 36810).
This section was added in order to
secure approval of a bubble (or
plantwide) control strategy for the
American Cyanamid facility in Havre de
Grace, Maryland. This section is
obsolete and is being removed because
the bubble for the American Cyanamid
Facility was removed from the
Maryland SIP, effective November 24,
2006 (October 24, 2006, 71 FR 62210).
Section 52.1077 Source surveillance.
This section was added to state that
the Maryland SIP did not provide
specific procedures for stationary
sources to be periodically tested. This
section is obsolete and is being
removed. This section should have been
removed as a result of EPA’s approval
of a revision to COMAR 26.11.01.05 on
May 28, 2002 (67 FR 36810).
D. Pennsylvania
Section 52.1078 Extensions.
In this section, EPA extended the
deadline by which Maryland must
incorporate mandatory testing of second
generation On-board Diagnostics (OBD–
II) equipped motor vehicles as part of its
inspection and maintenance (I/M)
program until July 1, 2002. This section
is obsolete and is being removed
because Maryland is now implementing
the OBD II program as part of its SIPapproved I/M program.
Section 52.1100 Original identification
of plan section.
Paragraphs 52.1100(b) and (c) of this
section, originally designated as 40 CFR
52.1070(b) and (c), contains historical
information only about EPA’s approval
actions for the Maryland SIP which
occurred between May 31, 1972 and
November 31, 2004. On November 29,
2004 (69 FR 69304), EPA reorganized
the Identification of plan section
(section 52.1070) for subpart V by listing
and summarizing Maryland’s currently
approved SIP requirements in
paragraphs 52.1070(a) through (e).
Paragraphs 52.1100(b) and (c) are being
removed because EPA has determined
that it is no longer necessary to codify
the information found in these
paragraphs. Paragraph 52.1100(a) is
being amended to state that this
historical information will continue to
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Section 52.1118 Approval of bubbles
in nonattainment areas lacking
approved demonstrations: State
assurances.
Section 52.2022
Extensions.
Between May 31, 1972 and February
26, 1985, EPA granted Pennsylvania a
series of extensions to attain and
maintain the NAAQS for SO2,
particulate matter (PM), photochemical
oxidants, carbon monoxide, and ozone.
This entire section is obsolete and is
being removed. The latest of these
extended dates was December 31, 1987.
All of these attainment dates have been
superseded by the 1990 CAA and by
revised attainment dates for ozone, PM,
and SO2 in response to the issuance of
revised NAAQS.
Section 52.2023
Approval status.
Paragraph 52.2023(b) describes EPA’s
approval of Pennsylvania’s plan for the
attainment and maintenance of the
NAAQS and states that the plan satisfies
all requirements of part D, Title 1, of the
1977 CAA, with certain exceptions.
Pennsylvania subsequently remedied all
of the deficiencies which had been
codified in paragraphs 52.2033(c)
through (k). See 40 CFR 52.2020(c)(1)
and (e)(1). Therefore, EPA is revising
paragraph 52.2033(b) to remove the
words ‘‘except as noted below.’’
Paragraph 52.2023(d) describes EPA’s
limited approval and limited
disapproval action on Pennsylvania’s
Stage II vapor recovery regulation. This
paragraph is obsolete and is being
removed because EPA fully approved
Pennsylvania’s Stage II regulations in
subsequent final actions published on
December 13, 1995 (60 FR 63937,
63940).
Paragraph 52.2023(e) describes EPA’s
April 30, 1998 disapproval (63 FR
23668) of Pennsylvania’s April 19, 1995
RACT determination for nitrogen oxides
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(NOX) at the Pennsylvania Power
Company’s New Castle plant located in
Lawrence County, Pennsylvania (Source
No. 37–023). This paragraph is obsolete
and is being removed. On June 26, 2002
(67 FR 43002), EPA approved
Pennsylvania’s amended NOX RACT
determination for this source. See 40
CFR 52.2020(d)(1).
Paragraph 52.2023(j) describes a
disapproval action taken by EPA with
regard to Pennsylvania’s enhanced I/M
program. This paragraph is obsolete and
is being removed. EPA approved
Pennsylvania’s enhanced I/M program
on June 17, 1999 (64 FR 32411). EPA
subsequently approved revisions to
Pennsylvania’s enhanced I/M program
on October 6, 2005 (70 FR 58313).
Pennsylvania is implementing a fully
approved enhanced I/M program.
Section 52.2024
General requirements.
Section 52.2024(a) describes EPA’s
determination that Pennsylvania had
inadequate legal authority to provide for
the public availability of emissions data
as required by section 110(a)(2)(F) of the
CAA and 40 CFR 51.116. In section
52.2024, EPA promulgated a series of
measures designed to ensure public
access to emissions data. This entire
section is obsolete and is being
removed. It should have been removed
on January 12, 1995 (60 FR 2881) when
EPA approved Pennsylvania Regulation
135.21 pertaining to emissions
statements.
Section 52.2025
Legal authority.
This section describes a SIP
deficiency in Philadelphia’s Home Rule
Charter provision regarding the public
right to inspection. On November 28,
1975 (40 FR 55326, 55333), EPA
determined that this provision could, in
some circumstances, prohibit the
disclosure of emission data to the
public. However, this section is now
obsolete and is being removed. EPA
approved Pennsylvania Regulation
135.21 and determined it would apply
to the City of Philadelphia as well. See
40 CFR 52.2020(c)(1) and (e)(1).
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Sections 52.2030 Source surveillance
and 52.2032 Intergovernmental
cooperation.
Sections 52.2030 and 52.2032
describe inadequacies which EPA
identified regarding the implementation
of Pennsylvania’s TCMs required under
the 1977 CAA. These sections are
obsolete and are being removed. EPA
has since determined that Pennsylvania
has met all of its TCM requirements
prescribed by the 1977 and 1990 CAA.
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Section 52.2033
Sulfur oxides.
Control strategy:
Paragraph 52.2033(a) describes EPA’s
approval action of the SO2 control
strategy for Allegheny County under the
requirements of the 1970 CAA. This
paragraph is obsolete and is being
removed. It has been superseded by
EPA’s approval of the SO2 attainment
plan for Allegheny County under the
requirements of the 1990 CAA at
paragraph 52.2033(c).
Section 52.2034 Attainment dates for
national standards.
This section states that Pennsylvania
had not submitted a plan for
Northumberland County, Snyder
County, and Allegheny County, as of
December 31, 1979, providing for the
attainment and maintenance of the
secondary NAAQS for SO2. This section
is obsolete and is being removed. On
November 12, 1985 (50 FR 46649), EPA
determined that the SO2 nonattainment
designations for both the primary and
secondary NAAQS in both
Northumberland and Snyder Counties
were based on a modeling error, and
that all other criteria for redesignating
nonattainment areas to attainment had
been met. Therefore, EPA redesignated
both counties to attainment. On July 21,
2004 (69 FR 43522), EPA approved the
modeled attainment demonstration and
maintenance plan to attain and maintain
the primary and secondary SO2 NAAQS
in the Hazelwood and Monongahela
River Valley areas of Allegheny County.
Section 52.2037 Control strategy plans
for attainment and rate-of-progress:
Ozone.
Paragraph 52.2037(a) describes EPA’s
conditional approval of Pennsylvania’s
1979 carbon monoxide and ozone plans.
The conditional approval was based
upon Pennsylvania’s commitment to
implement a commuter rail project or a
substitute TCM which would produce
equivalent emission reductions. This
paragraph is obsolete and is being
removed. EPA has since determined that
Pennsylvania has met all of its TCM
requirements prescribed by the 1990
CAA.
Section 52.2055 Review of new
sources and modifications.
Section 52.2055 is obsolete and is
being removed. It was created to
highlight disapproved portions of the
PSD and nonattainment NSR programs.
Pennsylvania has a fully approved PSD
program and nonattainment NSR
program in accordance with current
CAA and 40 CFR part 51 requirements.
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Section 52.2058 Prevention of
significant air quality deterioration.
Paragraph 52.2058(a) is being retained
as the SIP status described in this
paragraph is still current. However, the
address for the office of the
Pennsylvania Department of
Environmental Protection found in this
paragraph is obsolete and is being
updated.
Section 52.2059 Control strategy:
Particulate matter.
Paragraph 52.2059(a) was added to
the CFR on May 20, 1980 (45 FR 33628).
It describes a commitment by
Pennsylvania to undertake a
comprehensive program to investigate
non-traditional sources, industrial
process fugitive PM emissions,
alternative control measures, and to
develop and implement an effective
control program to attain the primary
and secondary NAAQS for total
suspended particulates (TSP). This
paragraph is obsolete and is being
removed. On July 1, 1987 (52 FR 24634),
EPA revoked the NAAQS for TSP and
promulgated a new NAAQS for PM with
a diameter of ten microns or less (PM10)
in its place. Effective October 14, 2003
(68 FR 53515, September 11, 2003), the
entire Commonwealth of Pennsylvania
was designated either attainment or
unclassified for the PM10 NAAQS. See
40 CFR 81.339.
Section 52.2063
of plan section.
Original identification
Paragraphs 52.2063(b) and (c) of this
section, originally designated as 40 CFR
52.2020(b) and (c), contains historical
information only about EPA’s approval
actions for the Pennsylvania SIP,
including Allegheny County and the
City of Philadelphia, which occurred
between May 31, 1972 and February 10,
2005. On February 25, 2005 (70 FR
9450), EPA reorganized the
Identification of plan section (section
52.2020) for subpart NN by listing and
summarizing Pennsylvania’s (including
Allegheny and Philadelphia Counties)
currently approved SIP requirements in
paragraphs 52.2020(a) through (e).
Paragraphs 52.2063(b) and (c) are being
removed because EPA has determined
that it is no longer necessary to codify
the information found in these
paragraphs. Paragraph 52.2063(a) is
being amended to state that this
historical information will continue to
be made available in the CFR annual
editions, Title 40 part 52 (years 2005
through 2012). These annual editions
are available on line at the following url
address: https://www.gpo.gov/fdsys/
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Section 52.2423
Approval status.
The second, third, and fourth
sentences of paragraph 52.2423(a) state
that Virginia’s open burning regulations
have been submitted for information
purposes only and are not to be
considered as a control strategy. These
sentences are obsolete and are being
removed. Open burning has been a
control strategy in the Virginia SIP since
March 12, 1997 (62 FR 11332). See 40
CFR 52.2420(c).
Paragraph 52.2423(d) states that a
January 11, 1979 SIP submittal
pertaining to Smyth County is not
approved, pending a possible
redesignation of the area to attainment
status. The 1-hour ozone nonattainment
area in Smyth County consisted of the
portion of White Top Mountain above
the 4,500 foot elevation. This paragraph
is obsolete and is being removed. On
April 30, 2004 (69 FR 23858, 23942), all
of Smyth County was designated
attainment of the 8-hour ozone NAAQS.
On August 3, 2005 (70 FR 44470,
44478), the 1-hour ozone NAAQS was
revoked for the White Top Mountain
area, effective June 15, 2005. On April
29, 2008 (73 FR 23103), EPA approved
the 8-hour ozone maintenance plan for
Smyth County. See 40 CFR 52.2420(e).
Paragraph 52.5423(e) describes the
disapproval of section 4.55(b) of the
Virginia regulations because the
regulation was not adequately
enforceable. This paragraph is obsolete,
and is being removed. Section 4.55(b)
was never approved as part of the
Virginia SIP, and no longer exists as a
State regulation.
Paragraph 52.2423(f) describes a
situation where a Virginia opacity
regulation cited as section 9 VAC 5–40–
20.A.3 is not considered part of the
applicable plan because it contradicts a
previously approved section of the SIP.
EPA’s assessment is still current.
However, in this action EPA is revising
this paragraph to add a reference to the
current State citation of this opacity
regulation (9VAC5–40–20.A.4).
Paragraph 52.2423(g) describes the
exclusion of section 4.31(d)(3), a
Virginia regulation pertaining to
collection efficiency from the Virginia
SIP. This paragraph is obsolete and is
being removed because section
4.31(d)(3) of Virginia’s regulation was
never approved as a SIP requirement
and no longer exists as a State
regulation.
Paragraph 52.2423(j) refers to a
commitment for Virginia to adopt a
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Federal clean fuel fleet program or
alternative substitute. This paragraph is
obsolete and is being removed because
the Federal clean fuel fleet program is
no longer a SIP requirement.
Paragraph 52.2423(k) describes EPA’s
disapproval of Virginia’s November 12,
1992 redesignation request and
maintenance plan for the Richmond
moderate 1-hour ozone nonattainment
area. EPA had disapproved this request
and maintenance plan because of
monitored ozone violations during the
1993 ozone season. This paragraph is
now obsolete and is being removed.
EPA subsequently approved the
redesignation and 1-hour ozone
maintenance plan for the Richmond
area on November 17, 1997 (62 FR
61237). See 40 CFR 52.2420(e).
Paragraphs 52.2423(m) and (n)
describe EPA’s approval actions of
Virginia regulations citing documents
which Virginia has incorporated by
reference. Virginia had submitted these
actions in April 12, 1989 and February
12, 1993, respectively. Since that time,
Virginia has recodified its regulations.
While EPA’s approval actions are still
current, EPA is amending paragraphs
(m) and (n) to add references to the
current citations of these approved State
regulations.
Sections 52.2427 Source surveillance
and 52.2433 Intergovernmental
cooperation.
Sections 52.2427 and 52.2433
describe inadequacies which EPA
identified regarding the implementation
of Virginia’s TCMs required under the
1970 Clean Air Act. These sections are
obsolete and are being removed. EPA
has since determined that Virginia has
met all of its TCM requirements
prescribed by the 1990 CAA. The TCMs
that currently are part of the SIP were
approved by EPA on September 20,
2011 (76 FR 58116). Virginia also has a
fully approved enhanced I/M program
for the Northern Virginia Area—9VAC5,
Chapter 91, as codified in 40 CFR
52.2420(c), last amended on April 22,
2008 (73 FR 21540).
Section 52.2436 Rules and regulations.
This section describes the disapproval
of section 4.55(b) of a Virginia
regulation because the regulation was
not adequately enforceable. See 40 CFR
52.2423(e). This section is obsolete and
is being removed because section
4.55(b) no longer exists in Virginia’s
regulations.
Section 52.2450 Conditional approval.
On August 30, 1995 (60 FR 45055),
EPA conditionally approved a VOC
RACT determination submitted by
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Virginia for the Philip Morris
Manufacturing Center (No. 50076)
located in Richmond, Virginia. This
conditional approval is described in
paragraph 52.2450(a). On October 14,
1997 (62 FR 53242), EPA fully approved
Virginia’s revised VOC RACT
determination for this same facility at
52.2420(c)(120) which is now codified
at 40 CFR 52.2420(d). Therefore,
paragraph 52.2450(a) is obsolete and is
being removed.
On April 17, 2003, (68 FR 19106),
EPA conditionally approved and
codified into paragraph 52.2450(b)
Virginia’s ozone nonattainment area SIP
for the Metropolitan Washington DC
area, which included the 1996–1999
portion of the rate-of-progress plan.
However, on April 15, 2004 (69 FR
19937), 40 CFR 52.2450(b) was stayed
indefinitely and is no longer necessary
to be codified in this subpart. Therefore,
paragraph 52.2450(b) is obsolete and is
being removed. Because paragraphs
52.2450(c) through (f) are currently
reserved, section 52.2450 is being
removed in its entirety.
Section 52.2465
of plan section.
Original identification
Paragraphs 52.2465(b) and (c) of this
section, originally designated as 40 CFR
52.2420(b) and (c), contains historical
information only about EPA’s approval
actions for the Virginia SIP which
occurred between May 31, 1972 and
March 1, 2000. On April 21, 2000 (65 FR
21315), EPA reorganized the
Identification of plan section (section
52.2420) for subpart VV by listing and
summarizing Virginia’s currently
approved SIP requirements in
paragraphs 52.2420(a) through (e).
Paragraphs 52.2465(b) and (c) are being
removed because EPA has determined
that it is no longer necessary to codify
the information found in these
paragraphs. Paragraph 52.2465(a) is
being amended to state that this
historical information will continue to
be made available in the CFR annual
editions, Title 40 part 52 (years 2000
through 2012). These annual editions
are available on line at the following url
address: https://www.gpo.gov/fdsys/
browse/collectionCfr.action?collection
Code=CFR.
F. West Virginia
Section 52.2522
Approval status.
In paragraph 52.2522(a), EPA states
that deletion of the provisions found in
section 3.03(b) of Regulation X, adopted
in 1972 and amended in 1978, has been
approved, except for an SO2 emission
limitation for the Rivesville Power
Station. This paragraph is obsolete and
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is being removed because section 3.3.b.
of the current Regulation X (45CSR10)
containing that SO2 emission limitation
for the Rivesville Power Station was
approved by EPA on June 3, 2003 (68 FR
33002). See 40 CFR 52.2520(c).
In paragraph 52.2522(b), EPA states
that the interim limitation of 5.12 lbs. of
SO2 per million BTU for the Harrison
power plant is approved until a
permanent emission limitation is
approved. This paragraph is obsolete
and is being removed because Section
3.3.a. of the current Regulation X
(45CSR10) includes a permanent SO2
emission limitation for the Harrison
Power Plant which was approved as a
SIP revision on June 3, 2003 (68 FR
33002). See 40 CFR 52.2520(c).
In paragraph 52.2522(c), EPA states
that West Virginia’s control strategy for
attainment and maintenance of the
secondary NAAQS for SO2 is not
approved as it applies to the Mitchell
Power Station located in Marshall
County, and the Harrison Power Station
located in Harrison County. This
paragraph is obsolete and is being
removed. Since 1978, when the part 81
attainment designations were first
established under section 107 of the
CAA, both Marshall and Harrison
Counties have been designated
attainment for the secondary NAAQS
for SO2. EPA has also reviewed the
ambient data of the secondary NAAQS
for SO2 recorded since January 1996 for
these counties, and has found no
violations in either county.
Paragraph 52.2522(h) describes a
series of deficiencies to West Virginia
minor new source permitting regulation
(45CSR13) as submitted by West
Virginia on August 26, 1994. This
paragraph is obsolete and is being
removed. On February 8, 2007 (72 FR
5932), EPA fully approved the
provisions of West Virginia Regulation
45CSR13. See 40 CFR 52.2520(c). As a
result, all of the deficiencies mentioned
in paragraph 52.2522(h) have been
corrected.
Section 52.2523 Attainment dates for
national standards.
Section 52.2523 states that The New
Manchester and Grant Magisterial
Districts in Hancock County are
expected to attain and maintain the
secondary NAAQS for SO2 as soon as
the Sammis Power Plant, located in
Jefferson County, Ohio, meets the SO2
emission limitations in the Ohio
Implementation Plan. This section is
obsolete and is being removed. EPA has
subsequently determined that the
Sammis Plant is currently meeting the
Ohio SIP’s emissions limits. In addition,
on June 8, 2005 (70 FR 33364), EPA
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redesignated the New Manchester-Grant
Magisterial District in part 81 as ‘‘Better
than National Standards’’ for the
NAAQS for SO2 and approved the
maintenance plan, effective August 8,
2005. See 40 CFR 81.349.
Section 52.2524 Compliance
schedules.
Sections 52.2524(a) and (b) were
promulgated on June 20, 1973 (38 FR
16144, 16170) and August 23, 1973 (38
FR 22736), respectively. At this time
there were issues as to whether plants
could comply with SIP approved
emission standards for SO2 because of a
lack of available low-sulfur coal and the
availability of air pollution control
equipment. These regulations set forth
compliance schedules by which boilers
or furnaces of more than 250 million
Btu per hour heat input subject to the
emission limitation requirements in
West Virginia Regulation X must come
into compliance with the applicable
emission limitations for SO2. This
section is obsolete. The dates listed in
this compliance schedule have long
since passed, and the SIP regulatory
citation for West Virginia’s SO2 control
regulation has changed from Regulation
X to Regulation 45CSR10. In addition,
the emission limitations of Sections 3.01
and 3.03 (currently Section 45–10–3)
have been revised. See November 9,
1978, 43 FR 52239 and June 3, 2003, 68
FR 33002. EPA, West Virginia, and
several power companies have also
entered into Federal consent decrees
that specify control strategies, including
flue gas desulfurization (FGD) and
source shutdowns, which would assist
compliance with the requirements of
Regulation 45CSR10. An October 3,
2003 Federal Consent Decree between
EPA and the Virginia Electric and Power
Company (VEPCO) establishes
compliance schedules for Units 1, 2,
and 3 of the Mount Storm Power
Station, and a December 7, 2007 Federal
consent decree between EPA and the
American Electric Power Service
Corporation (AEP) establish compliance
schedules for installing FGD at the
Amos, Kanawha River, Kammer,
Mitchell, Mountaineer, and Sporn
Power Stations. Given that the
compliance dates and regulation
citations in section 52.2524 have been
updated either in the SIP or by the 2003
and 2007 Federal consent decrees,
section 52.2524 is being removed.
Section 52.2525 Control strategy:
Sulfur dioxide.
Paragraph 52.2525(a) is obsolete and
is being removed. As explained
previously in this action, the SO2
emission limit for the Rivesville Power
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Station, established in 1972, has since
been approved by EPA on June 3, 2003
(68 FR 33002). See 40 CFR 52.2520(c).
Since 1978, when the part 81 attainment
designations were first established
under section 107 of the CAA, the area
in which this power plant is located
(Marion County) has been designated
attainment for the primary and
secondary NAAQS for SO2. EPA has also
reviewed the ambient data of the
secondary SO2 NAAQS and has found
that no violations have been recorded
since January 1996.
Section 52.2528 Significant
deterioration of air quality.
Paragraph 52.2528(b) describes
portions of the Federal PSD regulation
(40CFR 52.21) which are incorporated
and made a part of the West Virginia
SIP. This paragraph is redundant and is
being removed because these measures
duplicate the regulatory requirements of
West Virginia Regulation 45CSR14,
which is incorporated by reference at
Section 52.2520(c).
Section 52.2565 Original identification
of plan.
Paragraphs 52.2565(b) and (c) of this
section, originally designated as 40 CFR
52.2520(b) and (c), contains historical
information only about EPA’s approval
actions for the West Virginia SIP which
occurred between May 31, 1972 and
December 1, 2004. On February 10, 2005
(70 FR 7024), EPA reorganized the
Identification of plan section (section
52.2520) for subpart XX by listing and
summarizing West Virginia’s currently
approved SIP requirements in
paragraphs 52.2520(a) through (e).
Paragraphs 52.2565(b) and (c) are being
removed because EPA has determined
that it is no longer necessary to codify
the information found in these
paragraphs. Paragraph 52.2565(a) is
being amended to state that this
historical information will continue to
be made available in the CFR annual
editions, Title 40 part 52 (years 2005
through 2012). These annual editions
are available on line at the following url
address: https://www.gpo.gov/fdsys/
browse/collection
Cfr.action?collectionCode=CFR.
G. Multistate Removal Actions Affected
by the National Low Emission Vehicle
Program
On January 24, 1995 (60 FR 4712),
EPA promulgated 40 CFR 51.120, which
established a ‘‘SIP call’’ mandating a
LEV program, based on California’s
motor vehicle emissions, which would
provide air pollutant emissions
reductions for states located on the
Ozone Transport Region (OTR). See,
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CAA sections 177 and 184. The
following OTR states are located in EPA
region III: Delaware, the District of
Columbia, Maryland, Pennsylvania, and
the portion of Virginia that was
included in the Consolidated
Metropolitan Statistical Area (CMSA)
for Washington, DC as of November 15,
1990. For each of these States’ part 52
subparts, EPA added CFR regulations
which cross-reference 40 CFR 52.120.
The respective sections are: 52.433,
52.498, 52.1079, 52.2057, and 52.2453.
However, on March 11, 1997, the U.S.
Court of Appeals for the D.C. Circuit
vacated the provisions of 40 CFR 51.20.
See, Virginia v. EPA, 108 F.3d 1397
(D.C. Cir. Ct. of Appeals, 1997;
rehearing denied June 13, 1997.
Subsequently, the EPA Region III
States located in the OTR adopted a
similar program known as the NLEV
program, a collaborative effort of EPA,
the OTC States, the automobile
manufacturers, and others that would
achieve emissions reductions equal to or
greater than would be accomplished if
the OTC States adopted the California
LEV program under the authority of
CAA section 177. Under the NLEV
program, the States achieved the
reductions the SIP call would have
required. Therefore, EPA approved their
respective NLEV SIP revisions on the
following dates: December 28, 1999 (64
FR 72564) for Delaware, Maryland,
Pennsylvania, and Virginia; and July 20,
2000 (65 FR 44981 for the District of
Columbia. See 40 CFR 52.420(c),
52.1070(c), 52.2020(c)(1), 52.2420(c),
and 52.470(c) respectively.
As a result of the Court’s vacatur
action and of EPA’s subsequent
approvals of the OTR States’ NLEV
programs, EPA has deemed sections
52.433, 52.498, 52.1079, 52.2057, and
52.2453 to be legally obsolete. In today’s
action, these five sections are being
removed from the CFR.
It should be noted that since February
10, 2000 (65 FR 6698), the NLEV
program has been superseded by EPA’s
issuance of a final rule promulgating
Federal Tier 2 vehicle emission and fuel
standards. This Federal Tier 2 program
provides for stricter new vehicle
emissions standards than that of the
NLEV program, beginning with the
phase-in of that program in model year
2004. Additionally, the Federal Tier 2
program was fully in place and was
mandatory for all new subject vehicles
on a national basis in model year 2006.
At that time, the NLEV program ceased
to exist for all states, and states’
participation in the National NLEV
ceased with the 2006 model year.
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III. Final Action
EPA has determined that the abovereferenced rules should be removed or
revised at this time. EPA is publishing
this rule without prior proposal because
the Agency views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
August 5, 2013 without further notice
unless EPA receives adverse comment
by July 8, 2013. If EPA receives adverse
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to review by the
Office of Management and Budget. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4, 109 Stat. 48 (1995)). In addition,
this action does not significantly or
uniquely affect small governments or
impose a significant intergovernmental
mandate, as described in sections 203
and 204 of UMRA. This rule also does
not have a substantial direct effect on
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one or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will
it have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant. This technical
correction action does not involve
technical standards; thus the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 5, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final
rule and address the comment in the
proposed rulemaking action. This action
which removes or revises outdated or
obsolete part 52 language for Delaware,
the District of Columbia, Maryland,
Pennsylvania, Virginia, and West
Virginia may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2))
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon
monoxide, Environmental Protection
Agency, Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 16, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Furthermore, the Administrator finds
that the plan satisfies all requirements
of part D, title 1, of the Clean Air Act
as amended in 1977.
(b) [Reserved]
■ 3. Section 52.432 is revised to read as
follows:
§ 52.432
quality.
(a) [Reserved]
(b) Regulation for preventing
significant deterioration of air quality.
The provisions of 52.21(p) are hereby
incorporated and made a part of the
applicable State plan for the State of
Delaware.
(c) All applications submitted as of
that date and supporting information
required pursuant to § 52.21 from
sources located in the State of Delaware
shall be submitted to: Delaware
Department of Natural Resources and
Environmental Control, Air Resources
Section, Division of Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19901.
§ 52.433
[Removed and reserved]
(a) This section identifies the original
‘‘Air Implementation Plan for the State
of Delaware’’ and all revisions
submitted by Delaware that were
federally approved prior to July 1, 1998.
The information in this section is
available in the 40 CFR, part 52 edition
revised as of July 1, 1999, the 40 CFR,
part 52, Volume 1 of 2 (§§ 52.01 to
52.1018) editions revised as of July 1,
2000 through July 1, 2011, and the 40
CFR, part 52, Volume 1 of 3 (§§ 52.01 to
52.1018) editions revised as of July 1,
2012.
(b) [Reserved]
[Removed and reserved]
■
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[Amended]
12. In § 52.1073, paragraphs (b), (c),
and (d) are removed and reserved.
■
[Removed and reserved]
13. Section 52.1074 is removed and
reserved.
■
[Removed and reserved]
14. Section 52.1077 is removed and
reserved.
■
§ 52.1078
[Removed and reserved]
15. Section 52.1078 is removed and
reserved.
■
§ 52.1079
[Removed and reserved]
16. Section 52.1079 is removed and
reserved.
■ 17. Section 52.1100 is revised to read
as follows:
■
§ 52.1100
section.
Original identification of plan
§ 52.1118
§ 52.479
§ 52.422
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§ 52.1073
§ 52.498
[Amended]
■
2. Section 52.422 (a) is revised to read
as follows:
(a) With the exceptions set forth in
this subpart, the Administrator approves
Delaware’s plan for the attainment and
maintenance of the national standards
under section 110 of the Clean Air Act.
11. Section 52.1072 is removed and
reserved.
■
8. Section 52.479 is removed and
reserved.
§ 52.473
Subpart I—Delaware
Approval status.
[Removed and reserved]
(a) This section identifies the original
‘‘Air Implementation Plan for the State
of Maryland’’ and all revisions
submitted by Maryland that were
federally approved prior to November 1,
2004. The information in this section is
available in the 40 CFR, part 52, Volume
2 of 2 (§§ 52.1019 to the end of part 52)
editions revised as of July 1, 2005
through July 1, 2011, and the 40 CFR,
part 52, Volume 2 of 3 (§§ 52.1019 to
52.2019) edition revised as of July 1,
2012.
(b) [Reserved]
6. In § 52.472, paragraphs (b) and (f)
are removed and reserved.
■
§ 52.1072
§ 52.1077
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V— Maryland
§ 52.465
section.
Original identification of plan
Original identification of plan
(a) This section identifies the original
‘‘Air Implementation Plan for the
District of Columbia’’ and all revisions
submitted by the District of Columbia
that were federally approved prior to
July 1, 1998. The information in this
section is available in the 40 CFR, part
52 edition revised as of July 1, 1999, the
40 CFR, part 52, Volume 1 of 2 (§§ 52.01
to 52.1018) editions revised as of July 1,
2000 through July 1, 2011, and the 40
CFR, part 52, Volume 1 of 3 (§§ 52.01 to
52.1018) edition revised as of July 1,
2012.
(b) [Reserved]
§ 52.1074
§ 52.472
1. The authority citation for part 52
continues to read as follows:
§ 52.515
section.
4. Section 52.433 is removed and
reserved.
■ 5. Section 52.465 is revised to read as
follows:
■
Subpart J—District of Columbia
■
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Significant deterioration of air
10. Section 52.515 is revised to read
as follows:
■
7. Section 52.473 is removed and
reserved.
[Removed and reserved]
[Removed and reserved]
9. Section 52.498 is removed and
reserved.
■
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[Removed and reserved]
19. Section 52.1118 is removed and
reserved.
■
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06JNR1
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
20. Section 52.2022 is removed and
reserved.
■ 21. In § 52.2023, paragraphs (d), (e),
and (j) are removed and reserved, and
paragraph (b) is revised to read as
follows:
applications and requests for
modifications thereto should be
submitted to: Pennsylvania Department
of Environmental Resources, Bureau of
Air Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105. ATTN: Abatement and
Compliance Division.
(b) [Reserved]
§ 52.2023
§ 52.2059
Subpart NN—Pennsylvania
§ 52.2022
[Removed and reserved]
■
Approval status.
*
*
*
*
*
(b) With the exceptions set forth in
this subpart, the Administrator approves
Pennsylvania’s plan for the attainment
and maintenance of the national
ambient air quality standards under
section 110 of the Clean Air Act.
Furthermore, the Administrator finds
that the plan satisfies all requirements
of part D, Title 1, of the Clean Air Act
as amended in 1977.
§ 52.2024
[Removed and reserved]
22. Section 52.2024 is removed and
reserved.
■
§ 52.2025
[Removed and reserved]
23. Section 52.2025 is removed and
reserved.
■
§ 52.2030
[Removed and reserved]
[Amended]
§ 52.2063
section.
Original identification of plan
(a) This section identifies the original
‘‘Air Implementation Plan for the
Commonwealth of Pennsylvania’’ and
all revisions submitted by Pennsylvania
that were federally approved prior to
February 10, 2005. The information in
this section is available in the 40 CFR,
part 52, Volume 2 of 2 (§§ 52.1019 to the
end of part 52) editions revised as of
July 1, 2005 through July 1, 2011, and
the 40 CFR, part 52, Volume 3 of 3
(§§ 52.2020 to the end of part 52) edition
revised as of July 1, 2012.
(b) [Reserved]
24. Section 52.2030 is removed and
reserved.
Subpart VV—Virginia
§ 52.2032
■
■
25. Section 52.2032 is removed and
reserved.
34. In § 52.2423, paragraphs (d), (e),
(g), (j), and (k) are removed and
reserved, and paragraphs (a), (f), (m),
and (n) are revised to read as follows:
§ 52.2033
§ 52.2423
[Removed and reserved]
■
[Amended]
26. In § 52.2033, paragraph (a) is
removed and reserved.
■
§ 52.2034
[Removed and reserved]
27. Section 52.2034 is removed and
reserved.
■
§ 52.2037
[Amended]
28. In § 52.2037, paragraph (a) is
removed and reserved.
■
§ 52.2055
[Removed and reserved]
29. Section 52.2055 is removed and
reserved.
■
§ 52.2057
[Removed and reserved]
30. Section 52.2057 is removed and
reserved.
■ 31. Section 52.2058 is revised to read
as follows.
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■
§ 52.2058 Prevention of significant air
quality deterioration.
(a) The requirements of sections 160
through 165 of the Clean Air Act are met
by the regulations (25 PA Code § 127.81
through 127.83) adopted by the
Pennsylvania Environmental Resources
on October 28, 1983. All PSD permit
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Approval status.
(a) With the exceptions set forth in
this subpart, the Administrator approves
Virginia’s plan for the attainment and
maintenance of the national standards.
*
*
*
*
*
(f) Section 9VAC 5–40–20.A.4. of the
Virginia Regulations for the Control and
Abatement of Air Pollution is not
considered part of the applicable plan
because it contradicts a previously
approved section of the SIP.
*
*
*
*
*
(m) EPA approves as part of the
Virginia State Implementation Plan the
documents listed in Appendix M,
Sections II.A. through II.E and Section
II.G. (currently Regulation 5–20–21 E.1.
through E.5 and E.7) of the Virginia
Regulations for the Control and
Abatement of Air Pollution submitted
by the Virginia Department of Air
Pollution Control on April 12, 1989.
(n) EPA approves as part of the
Virginia State Implementation Plan the
revised references to the documents
listed in Appendix M, Sections II.A. and
II.B. (currently Regulation 5–20–21E.1
and E.2) of the Virginia Regulations for
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Fmt 4700
the Control and Abatement of Air
Pollution submitted by the Virginia
Department of Air Pollution Control on
February 12, 1993.
*
*
*
*
*
§ 52.2427
Sfmt 4700
[Removed and reserved]
35. Section 52.2427 is removed and
reserved.
■
§ 52.2433
32. In § 52.2059, paragraph (a) is
removed and reserved.
■ 33. Section 52.2063 (a) is revised to
read as follows:
■
33985
[Removed and reserved]
36. Section 52.2433 is removed and
reserved.
■
§ 52.2436
[Removed and reserved]
37. Section 52.2436 is removed and
reserved.
■
§ 52.2450
[Removed and reserved]
38. Section 52.2450 is removed and
reserved.
■
§ 52.2453
[Removed and reserved]
39. Section 52.2453 is removed and
reserved.
■ 40. Section 52.2465 is revised to read
as follows:
■
§ 52.2465
section.
Original identification of plan
(a) This section identifies the original
‘‘Air Implementation Plan for the
Commonwealth of Virginia’’ and all
revisions submitted by Virginia that
were federally approved prior to March
1, 2000. The information in this section
is available in the 40 CFR, part 52,
Volume 2 of 2 (§§ 52.1019 to the end of
part 52) editions revised as of July 1,
2000 through July 1, 2011, and the 40
CFR, part 52, Volume 3 of 3 (§§ 52.2020
to the end of part 52) edition revised as
of July 1, 2012.
(b) [Reserved]
Subpart XX—West Virginia
§ 52.2522
[Amended]
41. In § 52.2522, paragraphs (a). (b),
(c), and (h) are removed and reserved.
■
§ 52.2523
[Removed and reserved]
42. Section 52.2523 is removed and
reserved.
■
§ 52.2524
[Removed and reserved]
43. Section 52.2524 is removed and
reserved.
■
§ 52.2525
[Amended]
44. In § 52.2525, paragraph (a) is
removed and reserved.
■
§ 52.2528
[Amended]
45. In § 52.2528, paragraph (b) is
removed and reserved.
■ 46. Section 52.2565 is revised to read
as follows:
■
E:\FR\FM\06JNR1.SGM
06JNR1
33986
§ 52.2565
section.
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
Original identification of plan
(a) This section identifies the original
‘‘Air Implementation Plan for the State
of West Virginia’’ and all revisions
submitted by West Virginia that were
federally approved prior to December 1,
2004. The information in this section is
available in the 40 CFR, part 52, Volume
2 of 2 (§§ 52.1019 to the end of part 52)
editions revised as of July 1, 2005
through July 1, 2011, and the 40 CFR,
part 52, Volume 3 of 3 (§§ 52.2020 to the
end of part 52) edition revised as of July
1, 2012.
(b) [Reserved]
[FR Doc. 2013–13353 Filed 6–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2012–0377; FRL–9817–9]
Indiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is granting the State of
Indiana final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The Agency
published a proposed rule on October 9,
2012, and provided for public comment.
EPA received no comments. No further
opportunity for comment will be
provided. EPA has determined that
these changes satisfy all requirements
needed to qualify for final authorization.
DATES: The final authorization will be
effective on June 6, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R05–RCRA–
2012–0377. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some of the information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at
www.regulations.gov or in hard copy.
You may view and copy Indiana’s
application from 9:00 a.m. to 4:00 p.m.
at the following addresses: U.S. EPA
Region 5, LR–8J, 77 West Jackson
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SUMMARY:
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Boulevard, Chicago, Illinois 60604,
contact: Gary Westefer (312) 886–7450;
or Indiana Department of Environmental
Management, 100 North Senate,
Indianapolis, Indiana 46204, contact:
Dan Watts (317) 234–5345.
Gary
Westefer, Indiana Regulatory Specialist,
U.S. EPA Region 5, LR–8J, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7450, email
westefer.gary@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs
necessary?
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and request EPA to authorize
the changes. Changes to state programs
may be necessary when Federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
C. What is the effect of this final rule?
This final rule requires all facilities in
Indiana that are subject to RCRA to
comply with the newly-authorized state
requirements instead of the equivalent
Federal requirements. Indiana has
enforcement responsibilities under its
state hazardous waste program for
RCRA violations, but EPA retains its
authority under RCRA sections 3007,
3008, 3013, and 7003, which include
among others, authorize EPA to:
1. Do inspections, and require
monitoring, tests, analyses, or reports;
1. enforce RCRA requirements and
suspend or revoke permits; and
3. take enforcement actions regardless
of whether the state has taken its own
actions.
This action will not impose additional
requirements on the regulated
community because the regulations that
EPA is authorizing in this action are
already in effect, and will not be
changed by this action.
D. Proposed Rule
On October 9, 2012 (77 FR 61326),
EPA proposed to authorize changes to
Indiana’s hazardous waste program and
opened the decision to public comment.
The Agency received no comments on
this proposal. EPA found Indiana’s
RCRA program to be satisfactory.
B. What decisions have we made in this
final rule?
E. What RCRA authorization has EPA
previously granted Indiana to
implement?
We conclude that Indiana’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we propose to grant
Indiana final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Indiana will have
responsibility for permitting treatment,
storage, and disposal facilities (TSDFs)
within its borders (except in Indian
Country) and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized states
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in Indiana, including
issuing permits, until the state is
granted authorization to do so.
Indiana initially received Final
Authorization on January 31, 1986,
effective January 31, 1986 (51 FR 3955)
to implement the RCRA hazardous
waste management program. We granted
authorization for changes to their
program on October 31, 1986, effective
December 31, 1986 (51 FR 39752);
January 5, 1988, effective January 19,
1988 (53 FR 128); July 13, 1989,
effective September 11, 1989 (54 FR
29557); July 23, 1991, effective
September 23, 1991 (56 FR 33717); July
24, 1991, effective September 23, 1991
(56 FR 33866); July 29, 1991, effective
September 27, 1991 (56 FR 35831); July
30, 1991, effective September 30, 1991
(56 FR 36010); August 20, 1996,
effective October 21, 1996 (61 FR
43018); September 1, 1999, effective
November 30, 1999 (64 FR 47692);
January 4, 2001, effective January 4,
2001 (66 FR 733); December 6, 2001
effective December 6, 2001 (66 FR
63331); October 29, 2004, effective
October 29, 2004 (69 FR 63100); and
November 23, 2005 effective November
23, 2005 (70 FR 70740).
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Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33977-33986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13353]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0955; FRL-9819-6]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and
West Virginia; Removal of Obsolete Regulations and Updates to Citations
to State Regulations Due to Recodification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to remove over fifty rules
in the Code of Federal Regulations (CFR) at 40 CFR part 52 for
Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia,
and West Virginia because they are unnecessary or obsolete. EPA is also
taking direct final action to clarify regulations in 40 CFR part 52 to
reflect updated citations of certain Virginia rules due to the
Commonwealth's recodification of its regulations at the state level.
These direct final actions make no substantive changes to these State
Implementation Plans (SIPs) and impose no new requirements. In the
proposed rules section of this Federal Register, EPA is also proposing
to remove and clarify these regulations and is soliciting public
comment. If adverse comments are received on the direct final rule, EPA
will withdraw the portions of the final rule that triggered the
comments. Any portions of the final rule for which no adverse or
critical comment is received will become final after the designated
period.
DATES: This rule is effective on August 5, 2013 without further notice,
unless EPA receives adverse written comment by July 8, 2013. If EPA
receives such comments, it will publish a timely withdrawal of that
portion of the direct final rule in the Federal Register which is
adversely commented upon, and inform the public that that portion of
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0955 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: frankford.harold@epa.gov.
C. Mail: EPA-R03-OAR-2012-0955, Harold A. Frankford, Mailcode
3AP00, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0955. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. Docket: All
documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108,
or by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 33978]]
I. Introduction
This action pertains to six subparts in 40 CFR part 52 for six
states. Those six states are Delaware, the District of Columbia,
Maryland, Pennsylvania, Virginia, and West Virginia. EPA is removing
rules from these states' subparts of 40 CFR part 52 because they
pertain to state regulations that are outdated or legally obsolete in
whole or in part. This action is being taken pursuant to Executive
Order 13563--Improving Regulation and Regulatory Review. One aspect of
this action involves an effort to reduce the number of pages in the CFR
by identifying those rules in 40 CFR part 52 that are duplicative,
outdated or obsolete. This action removes several rules from 40 CFR
part 52 that no longer have any use or legal effect because they have
been superseded by subsequently approved SIP revisions. This action
also amends certain rules by revising incorrect or outdated state
regulatory citations and state agencies' office addresses.
One aspect of EPA's action, affecting all six states, removes
historical information found in the ``Original Identification of plan''
sections in 40 CFR part 52. These paragraphs are no longer necessary
because EPA has promulgated administrative rule actions to replace
these paragraphs with summary tables. These summary tables describe the
regulations, source-specific actions, and non-regulatory requirements
which comprise the SIPs for the six states. Another aspect of EPA's
action, affecting Delaware, the District of Columbia, Maryland,
Pennsylvania, and Virginia, removes rules pertaining to regulations
that cross-reference the California Low Emission Vehicle (LEV) program
in 40 CFR 51.120. These regulations have been replaced with EPA
approvals of SIP revisions implementing a National Low Emission Vehicle
(NLEV) program. Both of these actions are described in greater detail
later in this document.
II. Removal of Obsolete or Unnecessary Rules and Clarifications to
Certain Rules
The following regulations include rules applicable on a state-
specific basis. EPA has reviewed these rules and found that they should
be removed or clarified for the reasons set forth as follows:
A. Delaware
Section 52.422 Approval status.
In paragraph 52.422(a), the second sentence describes EPA's
approval of Delaware's ozone SIP under the requirements of the 1977
Clean Air Act (CAA). This sentence is being removed because EPA has
subsequently approved Delaware SIP revisions for the 1-hour and 8-hour
national ambient air quality standards (NAAQS) for ozone under the
requirements of the 1990 CAA. See 40 CFR 52.420(c) and (e).
Paragraph 52.422(b) refers to a commitment for Delaware to adopt a
Federal clean fuel fleet program or alternative substitute. This
paragraph is being removed because the Federal clean fuel fleet program
is no longer a SIP requirement.
Section 52.432 Significant deterioration of air quality.
Paragraph 52.432(a) is obsolete because Delaware Regulation 1125
for its Prevention of Significant Deterioration (PSD) permitting
program has been approved into the Delaware SIP at section 52.420(c).
Paragraph 52.432(b) is partially redundant because the reference to 40
CFR 52.21(l)(2) is a duplication of the regulatory requirements of
Delaware Regulation 1125, Section 3.10 which has been approved at
section 52.420(c). The first sentence of paragraph 52.423(c) is
obsolete because Delaware's PSD program is a SIP-approved program under
40 CFR part 51 and not a delegated program of the Federal PSD
regulations found at 40 CFR 52.21. The last sentence of paragraph
52.423(c) is being revised to update the address of the office of the
Delaware Department of Natural Resources and Environmental Control
(DNREC). Therefore, paragraph 52.432(a) is being removed, while
paragraphs 52.432(b) and (c) are being revised.
Section 52.465 Original identification of plan section.
Paragraphs 52.465(b) and (c) of this section, originally designated
as 40 CFR 52.420(b) and (c), contains historical information only about
EPA's approval actions for the Delaware SIP which occurred between May
31, 1972 and July 1, 1998. On December 7, 1998 (63 FR 67407), EPA
reorganized the Identification of plan section (section 52.420) for
subpart I by listing and summarizing Delaware's currently approved SIP
requirements in paragraphs 52.420(a) through (e). Paragraphs 52.465(b)
and (c) are being removed because EPA has determined that it is no
longer necessary to codify the information found in these paragraphs.
Paragraph 52.465(a) is being amended to state that this historical
information will continue to be made available in the CFR annual
editions, Title 40 part 52 (years 1999 through 2012). These annual
editions are available on line at the following url address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
B. District of Columbia
Section 52.472 Approval status.
Section 52.472(b) refers to transportation control measures (TCMs)
which EPA had promulgated as part of the District's 1973 SIP revisions
for photochemical oxidants and carbon monoxide. This paragraph is being
removed because it is obsolete. The 1990 CAA revised TCM requirements.
The TCMs that currently are part of the SIP were approved by EPA on
September 20, 2011 (76 FR 58116). See 40 CFR 52.470(e). Section
52.472(f) was added as part of EPA's disapproval of the District's
nonattainment New Source Review (NSR) program on March 24, 1995 (60 FR
15483). This paragraph is being removed because it is obsolete. The
District has a fully approved Nonattainment NSR program (July 31, 1997,
62 FR 40937, as amended on April 16, 2004, 69 FR 77647).
Section 52.473 Conditional approval.
On April 17, 2003, (68 FR 19106), EPA conditionally approved the
District's ozone nonattainment area SIP for the Metropolitan
Washington, DC area. This section is being removed because on April 15,
2004 (69 FR 19937), 40 CFR 52.473 was stayed indefinitely and is no
longer necessary to be codified in this subpart.
Section 52.479 Source surveillance.
On December 6, 1973 (38 FR 33701), EPA added paragraph 52.479(b) to
state that the carpool locator measure of the District's TCM SIP was
not approved. This paragraph is obsolete because this TCM is no longer
a control strategy required by the 1990 CAA. The TCMs that currently
are part of the SIP were approved by EPA on September 20, 2011 (76 FR
58116). Because paragraph 52.479(a) is already reserved, and there are
no other paragraphs in Section 52.479, the entire section is being
removed.
Section 52.515 Original identification of plan section.
Paragraphs 52.515(b) and (c) of this section, originally designated
as 40 CFR 52.470(b) and (c), contains historical information only about
EPA's approval actions for the District of Columbia SIP which occurred
between May 31, 1972 and July 1, 1998. On December 7, 1998 (63 FR
67407), EPA reorganized the Identification of plan section (section
52.470) for subpart J by listing and summarizing the District's
currently approved SIP requirements in
[[Page 33979]]
paragraphs 52.470(a) through (e). Paragraphs 52.515 (b) and (c) are
being removed because EPA has determined that it is no longer necessary
to codify the information found in these paragraphs. Paragraph
52.515(a) is being amended to state that this historical information
will continue to be made available in the CFR annual editions, Title 40
part 52 (years 1999 through 2012). These annual editions are available
on line at the following url address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
C. Maryland
Section 52.1072 Conditional approval.
On April 17, 2003, (68 FR 19106), EPA conditionally approved
Maryland's ozone nonattainment area SIP for the Metropolitan Washington
DC area. This section is being removed because on April 15, 2004 (69 FR
19937), 40 CFR 52.1072 was stayed indefinitely and is no longer
necessary to be codified in this subpart.
Section 52.1073 Approval status.
On August 12, 1980 (45 FR 53460), paragraph 52.1073(b) was added to
describe EPA's approval, with certain exceptions, of Maryland's January
19, 1979 plan for attaining and maintaining the NAAQS under Section 110
and for meeting the requirements of part D, Title 1, of the 1977 CAA.
This paragraph also stated, ``continued satisfaction of the
requirements of part D for the ozone portion of the SIP depends on the
adoption and submittal of reasonably available control technology
(RACT) requirements by July 1, 1980 for the sources covered by control
technique guidelines (CTGs) issued between January 1978 and January
1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.'' This paragraph is obsolete. It is being removed
because all RACT and CTG requirements under the 1977 CAA have been met
and the current ozone plan is subject to the requirements of the 1990
CAA. See 40 CFR 52.1070(c).
Paragraph 52.1073(c) describes EPA's approval of Code of Maryland
Air Regulations (COMAR) 26.11.13.06. This paragraph is obsolete and is
being removed. EPA had added this paragraph as part of a final
rulemaking action published on May 24, 1991 (56 FR 23804) at 40 CFR
52.1070(c)(88). Maryland repealed Regulation 26.11.13.06, effective
October 26, 1992. On November 13, 1992, Maryland submitted a SIP
revision to EPA requesting the removal of Regulation 26.11.13.06. EPA
approved that SIP revision on June 10, 1994 (59 FR 29957).
Paragraph 52.1073(d) refers to a commitment for Maryland to adopt a
Federal clean fuel fleet program or alternative substitute. This
paragraph is being removed. This paragraph is obsolete because the
Federal clean fuel fleet program is no longer a SIP requirement.
Section 52.1074 Legal authority.
This section was added to state that Maryland lacked the necessary
legal authority to prohibit the disclosure of emission data to the
public. EPA has deemed this section to be obsolete and it is being
removed. This section should have been removed when EPA approved a
revision to COMAR 26.11.01.05 on May 28, 2002 (67 FR 36810).
Section 52.1077 Source surveillance.
This section was added to state that the Maryland SIP did not
provide specific procedures for stationary sources to be periodically
tested. This section is obsolete and is being removed. This section
should have been removed as a result of EPA's approval of a revision to
COMAR 26.11.01.05 on May 28, 2002 (67 FR 36810).
Section 52.1078 Extensions.
In this section, EPA extended the deadline by which Maryland must
incorporate mandatory testing of second generation On-board Diagnostics
(OBD-II) equipped motor vehicles as part of its inspection and
maintenance (I/M) program until July 1, 2002. This section is obsolete
and is being removed because Maryland is now implementing the OBD II
program as part of its SIP-approved I/M program.
Section 52.1100 Original identification of plan section.
Paragraphs 52.1100(b) and (c) of this section, originally
designated as 40 CFR 52.1070(b) and (c), contains historical
information only about EPA's approval actions for the Maryland SIP
which occurred between May 31, 1972 and November 31, 2004. On November
29, 2004 (69 FR 69304), EPA reorganized the Identification of plan
section (section 52.1070) for subpart V by listing and summarizing
Maryland's currently approved SIP requirements in paragraphs 52.1070(a)
through (e). Paragraphs 52.1100(b) and (c) are being removed because
EPA has determined that it is no longer necessary to codify the
information found in these paragraphs. Paragraph 52.1100(a) is being
amended to state that this historical information will continue to be
made available in the CFR annual editions, Title 40 part 52 (years 2005
through 2012). These annual editions are available on line at the
following url address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
Section 52.1118 Approval of bubbles in nonattainment areas lacking
approved demonstrations: State assurances.
This section was added in order to secure approval of a bubble (or
plantwide) control strategy for the American Cyanamid facility in Havre
de Grace, Maryland. This section is obsolete and is being removed
because the bubble for the American Cyanamid Facility was removed from
the Maryland SIP, effective November 24, 2006 (October 24, 2006, 71 FR
62210).
D. Pennsylvania
Section 52.2022 Extensions.
Between May 31, 1972 and February 26, 1985, EPA granted
Pennsylvania a series of extensions to attain and maintain the NAAQS
for SO2, particulate matter (PM), photochemical oxidants,
carbon monoxide, and ozone. This entire section is obsolete and is
being removed. The latest of these extended dates was December 31,
1987. All of these attainment dates have been superseded by the 1990
CAA and by revised attainment dates for ozone, PM, and SO2
in response to the issuance of revised NAAQS.
Section 52.2023 Approval status.
Paragraph 52.2023(b) describes EPA's approval of Pennsylvania's
plan for the attainment and maintenance of the NAAQS and states that
the plan satisfies all requirements of part D, Title 1, of the 1977
CAA, with certain exceptions. Pennsylvania subsequently remedied all of
the deficiencies which had been codified in paragraphs 52.2033(c)
through (k). See 40 CFR 52.2020(c)(1) and (e)(1). Therefore, EPA is
revising paragraph 52.2033(b) to remove the words ``except as noted
below.''
Paragraph 52.2023(d) describes EPA's limited approval and limited
disapproval action on Pennsylvania's Stage II vapor recovery
regulation. This paragraph is obsolete and is being removed because EPA
fully approved Pennsylvania's Stage II regulations in subsequent final
actions published on December 13, 1995 (60 FR 63937, 63940).
Paragraph 52.2023(e) describes EPA's April 30, 1998 disapproval (63
FR 23668) of Pennsylvania's April 19, 1995 RACT determination for
nitrogen oxides
[[Page 33980]]
(NOX) at the Pennsylvania Power Company's New Castle plant
located in Lawrence County, Pennsylvania (Source No. 37-023). This
paragraph is obsolete and is being removed. On June 26, 2002 (67 FR
43002), EPA approved Pennsylvania's amended NOX RACT
determination for this source. See 40 CFR 52.2020(d)(1).
Paragraph 52.2023(j) describes a disapproval action taken by EPA
with regard to Pennsylvania's enhanced I/M program. This paragraph is
obsolete and is being removed. EPA approved Pennsylvania's enhanced I/M
program on June 17, 1999 (64 FR 32411). EPA subsequently approved
revisions to Pennsylvania's enhanced I/M program on October 6, 2005 (70
FR 58313). Pennsylvania is implementing a fully approved enhanced I/M
program.
Section 52.2024 General requirements.
Section 52.2024(a) describes EPA's determination that Pennsylvania
had inadequate legal authority to provide for the public availability
of emissions data as required by section 110(a)(2)(F) of the CAA and 40
CFR 51.116. In section 52.2024, EPA promulgated a series of measures
designed to ensure public access to emissions data. This entire section
is obsolete and is being removed. It should have been removed on
January 12, 1995 (60 FR 2881) when EPA approved Pennsylvania Regulation
135.21 pertaining to emissions statements.
Section 52.2025 Legal authority.
This section describes a SIP deficiency in Philadelphia's Home Rule
Charter provision regarding the public right to inspection. On November
28, 1975 (40 FR 55326, 55333), EPA determined that this provision
could, in some circumstances, prohibit the disclosure of emission data
to the public. However, this section is now obsolete and is being
removed. EPA approved Pennsylvania Regulation 135.21 and determined it
would apply to the City of Philadelphia as well. See 40 CFR
52.2020(c)(1) and (e)(1).
Sections 52.2030 Source surveillance and 52.2032 Intergovernmental
cooperation.
Sections 52.2030 and 52.2032 describe inadequacies which EPA
identified regarding the implementation of Pennsylvania's TCMs required
under the 1977 CAA. These sections are obsolete and are being removed.
EPA has since determined that Pennsylvania has met all of its TCM
requirements prescribed by the 1977 and 1990 CAA.
Section 52.2033 Control strategy: Sulfur oxides.
Paragraph 52.2033(a) describes EPA's approval action of the
SO2 control strategy for Allegheny County under the
requirements of the 1970 CAA. This paragraph is obsolete and is being
removed. It has been superseded by EPA's approval of the SO2
attainment plan for Allegheny County under the requirements of the 1990
CAA at paragraph 52.2033(c).
Section 52.2034 Attainment dates for national standards.
This section states that Pennsylvania had not submitted a plan for
Northumberland County, Snyder County, and Allegheny County, as of
December 31, 1979, providing for the attainment and maintenance of the
secondary NAAQS for SO2. This section is obsolete and is
being removed. On November 12, 1985 (50 FR 46649), EPA determined that
the SO2 nonattainment designations for both the primary and
secondary NAAQS in both Northumberland and Snyder Counties were based
on a modeling error, and that all other criteria for redesignating
nonattainment areas to attainment had been met. Therefore, EPA
redesignated both counties to attainment. On July 21, 2004 (69 FR
43522), EPA approved the modeled attainment demonstration and
maintenance plan to attain and maintain the primary and secondary
SO2 NAAQS in the Hazelwood and Monongahela River Valley
areas of Allegheny County.
Section 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
Paragraph 52.2037(a) describes EPA's conditional approval of
Pennsylvania's 1979 carbon monoxide and ozone plans. The conditional
approval was based upon Pennsylvania's commitment to implement a
commuter rail project or a substitute TCM which would produce
equivalent emission reductions. This paragraph is obsolete and is being
removed. EPA has since determined that Pennsylvania has met all of its
TCM requirements prescribed by the 1990 CAA.
Section 52.2055 Review of new sources and modifications.
Section 52.2055 is obsolete and is being removed. It was created to
highlight disapproved portions of the PSD and nonattainment NSR
programs. Pennsylvania has a fully approved PSD program and
nonattainment NSR program in accordance with current CAA and 40 CFR
part 51 requirements.
Section 52.2058 Prevention of significant air quality deterioration.
Paragraph 52.2058(a) is being retained as the SIP status described
in this paragraph is still current. However, the address for the office
of the Pennsylvania Department of Environmental Protection found in
this paragraph is obsolete and is being updated.
Section 52.2059 Control strategy: Particulate matter.
Paragraph 52.2059(a) was added to the CFR on May 20, 1980 (45 FR
33628). It describes a commitment by Pennsylvania to undertake a
comprehensive program to investigate non-traditional sources,
industrial process fugitive PM emissions, alternative control measures,
and to develop and implement an effective control program to attain the
primary and secondary NAAQS for total suspended particulates (TSP).
This paragraph is obsolete and is being removed. On July 1, 1987 (52 FR
24634), EPA revoked the NAAQS for TSP and promulgated a new NAAQS for
PM with a diameter of ten microns or less (PM10) in its
place. Effective October 14, 2003 (68 FR 53515, September 11, 2003),
the entire Commonwealth of Pennsylvania was designated either
attainment or unclassified for the PM10 NAAQS. See 40 CFR
81.339.
Section 52.2063 Original identification of plan section.
Paragraphs 52.2063(b) and (c) of this section, originally
designated as 40 CFR 52.2020(b) and (c), contains historical
information only about EPA's approval actions for the Pennsylvania SIP,
including Allegheny County and the City of Philadelphia, which occurred
between May 31, 1972 and February 10, 2005. On February 25, 2005 (70 FR
9450), EPA reorganized the Identification of plan section (section
52.2020) for subpart NN by listing and summarizing Pennsylvania's
(including Allegheny and Philadelphia Counties) currently approved SIP
requirements in paragraphs 52.2020(a) through (e). Paragraphs
52.2063(b) and (c) are being removed because EPA has determined that it
is no longer necessary to codify the information found in these
paragraphs. Paragraph 52.2063(a) is being amended to state that this
historical information will continue to be made available in the CFR
annual editions, Title 40 part 52 (years 2005 through 2012). These
annual editions are available on line at the following url address:
https://www.gpo.gov/fdsys/
[[Page 33981]]
browse/collectionCfr.action?collectionCode=CFR.
E. Virginia
Section 52.2423 Approval status.
The second, third, and fourth sentences of paragraph 52.2423(a)
state that Virginia's open burning regulations have been submitted for
information purposes only and are not to be considered as a control
strategy. These sentences are obsolete and are being removed. Open
burning has been a control strategy in the Virginia SIP since March 12,
1997 (62 FR 11332). See 40 CFR 52.2420(c).
Paragraph 52.2423(d) states that a January 11, 1979 SIP submittal
pertaining to Smyth County is not approved, pending a possible
redesignation of the area to attainment status. The 1-hour ozone
nonattainment area in Smyth County consisted of the portion of White
Top Mountain above the 4,500 foot elevation. This paragraph is obsolete
and is being removed. On April 30, 2004 (69 FR 23858, 23942), all of
Smyth County was designated attainment of the 8-hour ozone NAAQS. On
August 3, 2005 (70 FR 44470, 44478), the 1-hour ozone NAAQS was revoked
for the White Top Mountain area, effective June 15, 2005. On April 29,
2008 (73 FR 23103), EPA approved the 8-hour ozone maintenance plan for
Smyth County. See 40 CFR 52.2420(e).
Paragraph 52.5423(e) describes the disapproval of section 4.55(b)
of the Virginia regulations because the regulation was not adequately
enforceable. This paragraph is obsolete, and is being removed. Section
4.55(b) was never approved as part of the Virginia SIP, and no longer
exists as a State regulation.
Paragraph 52.2423(f) describes a situation where a Virginia opacity
regulation cited as section 9 VAC 5-40-20.A.3 is not considered part of
the applicable plan because it contradicts a previously approved
section of the SIP. EPA's assessment is still current. However, in this
action EPA is revising this paragraph to add a reference to the current
State citation of this opacity regulation (9VAC5-40-20.A.4).
Paragraph 52.2423(g) describes the exclusion of section 4.31(d)(3),
a Virginia regulation pertaining to collection efficiency from the
Virginia SIP. This paragraph is obsolete and is being removed because
section 4.31(d)(3) of Virginia's regulation was never approved as a SIP
requirement and no longer exists as a State regulation.
Paragraph 52.2423(j) refers to a commitment for Virginia to adopt a
Federal clean fuel fleet program or alternative substitute. This
paragraph is obsolete and is being removed because the Federal clean
fuel fleet program is no longer a SIP requirement.
Paragraph 52.2423(k) describes EPA's disapproval of Virginia's
November 12, 1992 redesignation request and maintenance plan for the
Richmond moderate 1-hour ozone nonattainment area. EPA had disapproved
this request and maintenance plan because of monitored ozone violations
during the 1993 ozone season. This paragraph is now obsolete and is
being removed. EPA subsequently approved the redesignation and 1-hour
ozone maintenance plan for the Richmond area on November 17, 1997 (62
FR 61237). See 40 CFR 52.2420(e).
Paragraphs 52.2423(m) and (n) describe EPA's approval actions of
Virginia regulations citing documents which Virginia has incorporated
by reference. Virginia had submitted these actions in April 12, 1989
and February 12, 1993, respectively. Since that time, Virginia has
recodified its regulations. While EPA's approval actions are still
current, EPA is amending paragraphs (m) and (n) to add references to
the current citations of these approved State regulations.
Sections 52.2427 Source surveillance and 52.2433 Intergovernmental
cooperation.
Sections 52.2427 and 52.2433 describe inadequacies which EPA
identified regarding the implementation of Virginia's TCMs required
under the 1970 Clean Air Act. These sections are obsolete and are being
removed. EPA has since determined that Virginia has met all of its TCM
requirements prescribed by the 1990 CAA. The TCMs that currently are
part of the SIP were approved by EPA on September 20, 2011 (76 FR
58116). Virginia also has a fully approved enhanced I/M program for the
Northern Virginia Area--9VAC5, Chapter 91, as codified in 40 CFR
52.2420(c), last amended on April 22, 2008 (73 FR 21540).
Section 52.2436 Rules and regulations.
This section describes the disapproval of section 4.55(b) of a
Virginia regulation because the regulation was not adequately
enforceable. See 40 CFR 52.2423(e). This section is obsolete and is
being removed because section 4.55(b) no longer exists in Virginia's
regulations.
Section 52.2450 Conditional approval.
On August 30, 1995 (60 FR 45055), EPA conditionally approved a VOC
RACT determination submitted by Virginia for the Philip Morris
Manufacturing Center (No. 50076) located in Richmond, Virginia. This
conditional approval is described in paragraph 52.2450(a). On October
14, 1997 (62 FR 53242), EPA fully approved Virginia's revised VOC RACT
determination for this same facility at 52.2420(c)(120) which is now
codified at 40 CFR 52.2420(d). Therefore, paragraph 52.2450(a) is
obsolete and is being removed.
On April 17, 2003, (68 FR 19106), EPA conditionally approved and
codified into paragraph 52.2450(b) Virginia's ozone nonattainment area
SIP for the Metropolitan Washington DC area, which included the 1996-
1999 portion of the rate-of-progress plan. However, on April 15, 2004
(69 FR 19937), 40 CFR 52.2450(b) was stayed indefinitely and is no
longer necessary to be codified in this subpart. Therefore, paragraph
52.2450(b) is obsolete and is being removed. Because paragraphs
52.2450(c) through (f) are currently reserved, section 52.2450 is being
removed in its entirety.
Section 52.2465 Original identification of plan section.
Paragraphs 52.2465(b) and (c) of this section, originally
designated as 40 CFR 52.2420(b) and (c), contains historical
information only about EPA's approval actions for the Virginia SIP
which occurred between May 31, 1972 and March 1, 2000. On April 21,
2000 (65 FR 21315), EPA reorganized the Identification of plan section
(section 52.2420) for subpart VV by listing and summarizing Virginia's
currently approved SIP requirements in paragraphs 52.2420(a) through
(e). Paragraphs 52.2465(b) and (c) are being removed because EPA has
determined that it is no longer necessary to codify the information
found in these paragraphs. Paragraph 52.2465(a) is being amended to
state that this historical information will continue to be made
available in the CFR annual editions, Title 40 part 52 (years 2000
through 2012). These annual editions are available on line at the
following url address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
F. West Virginia
Section 52.2522 Approval status.
In paragraph 52.2522(a), EPA states that deletion of the provisions
found in section 3.03(b) of Regulation X, adopted in 1972 and amended
in 1978, has been approved, except for an SO2 emission
limitation for the Rivesville Power Station. This paragraph is obsolete
and
[[Page 33982]]
is being removed because section 3.3.b. of the current Regulation X
(45CSR10) containing that SO2 emission limitation for the
Rivesville Power Station was approved by EPA on June 3, 2003 (68 FR
33002). See 40 CFR 52.2520(c).
In paragraph 52.2522(b), EPA states that the interim limitation of
5.12 lbs. of SO2 per million BTU for the Harrison power
plant is approved until a permanent emission limitation is approved.
This paragraph is obsolete and is being removed because Section 3.3.a.
of the current Regulation X (45CSR10) includes a permanent
SO2 emission limitation for the Harrison Power Plant which
was approved as a SIP revision on June 3, 2003 (68 FR 33002). See 40
CFR 52.2520(c).
In paragraph 52.2522(c), EPA states that West Virginia's control
strategy for attainment and maintenance of the secondary NAAQS for
SO2 is not approved as it applies to the Mitchell Power
Station located in Marshall County, and the Harrison Power Station
located in Harrison County. This paragraph is obsolete and is being
removed. Since 1978, when the part 81 attainment designations were
first established under section 107 of the CAA, both Marshall and
Harrison Counties have been designated attainment for the secondary
NAAQS for SO2. EPA has also reviewed the ambient data of the
secondary NAAQS for SO2 recorded since January 1996 for
these counties, and has found no violations in either county.
Paragraph 52.2522(h) describes a series of deficiencies to West
Virginia minor new source permitting regulation (45CSR13) as submitted
by West Virginia on August 26, 1994. This paragraph is obsolete and is
being removed. On February 8, 2007 (72 FR 5932), EPA fully approved the
provisions of West Virginia Regulation 45CSR13. See 40 CFR 52.2520(c).
As a result, all of the deficiencies mentioned in paragraph 52.2522(h)
have been corrected.
Section 52.2523 Attainment dates for national standards.
Section 52.2523 states that The New Manchester and Grant
Magisterial Districts in Hancock County are expected to attain and
maintain the secondary NAAQS for SO2 as soon as the Sammis
Power Plant, located in Jefferson County, Ohio, meets the
SO2 emission limitations in the Ohio Implementation Plan.
This section is obsolete and is being removed. EPA has subsequently
determined that the Sammis Plant is currently meeting the Ohio SIP's
emissions limits. In addition, on June 8, 2005 (70 FR 33364), EPA
redesignated the New Manchester-Grant Magisterial District in part 81
as ``Better than National Standards'' for the NAAQS for SO2
and approved the maintenance plan, effective August 8, 2005. See 40 CFR
81.349.
Section 52.2524 Compliance schedules.
Sections 52.2524(a) and (b) were promulgated on June 20, 1973 (38
FR 16144, 16170) and August 23, 1973 (38 FR 22736), respectively. At
this time there were issues as to whether plants could comply with SIP
approved emission standards for SO2 because of a lack of
available low-sulfur coal and the availability of air pollution control
equipment. These regulations set forth compliance schedules by which
boilers or furnaces of more than 250 million Btu per hour heat input
subject to the emission limitation requirements in West Virginia
Regulation X must come into compliance with the applicable emission
limitations for SO2. This section is obsolete. The dates
listed in this compliance schedule have long since passed, and the SIP
regulatory citation for West Virginia's SO2 control
regulation has changed from Regulation X to Regulation 45CSR10. In
addition, the emission limitations of Sections 3.01 and 3.03 (currently
Section 45-10-3) have been revised. See November 9, 1978, 43 FR 52239
and June 3, 2003, 68 FR 33002. EPA, West Virginia, and several power
companies have also entered into Federal consent decrees that specify
control strategies, including flue gas desulfurization (FGD) and source
shutdowns, which would assist compliance with the requirements of
Regulation 45CSR10. An October 3, 2003 Federal Consent Decree between
EPA and the Virginia Electric and Power Company (VEPCO) establishes
compliance schedules for Units 1, 2, and 3 of the Mount Storm Power
Station, and a December 7, 2007 Federal consent decree between EPA and
the American Electric Power Service Corporation (AEP) establish
compliance schedules for installing FGD at the Amos, Kanawha River,
Kammer, Mitchell, Mountaineer, and Sporn Power Stations. Given that the
compliance dates and regulation citations in section 52.2524 have been
updated either in the SIP or by the 2003 and 2007 Federal consent
decrees, section 52.2524 is being removed.
Section 52.2525 Control strategy: Sulfur dioxide.
Paragraph 52.2525(a) is obsolete and is being removed. As explained
previously in this action, the SO2 emission limit for the
Rivesville Power Station, established in 1972, has since been approved
by EPA on June 3, 2003 (68 FR 33002). See 40 CFR 52.2520(c). Since
1978, when the part 81 attainment designations were first established
under section 107 of the CAA, the area in which this power plant is
located (Marion County) has been designated attainment for the primary
and secondary NAAQS for SO2. EPA has also reviewed the
ambient data of the secondary SO2 NAAQS and has found that
no violations have been recorded since January 1996.
Section 52.2528 Significant deterioration of air quality.
Paragraph 52.2528(b) describes portions of the Federal PSD
regulation (40CFR 52.21) which are incorporated and made a part of the
West Virginia SIP. This paragraph is redundant and is being removed
because these measures duplicate the regulatory requirements of West
Virginia Regulation 45CSR14, which is incorporated by reference at
Section 52.2520(c).
Section 52.2565 Original identification of plan.
Paragraphs 52.2565(b) and (c) of this section, originally
designated as 40 CFR 52.2520(b) and (c), contains historical
information only about EPA's approval actions for the West Virginia SIP
which occurred between May 31, 1972 and December 1, 2004. On February
10, 2005 (70 FR 7024), EPA reorganized the Identification of plan
section (section 52.2520) for subpart XX by listing and summarizing
West Virginia's currently approved SIP requirements in paragraphs
52.2520(a) through (e). Paragraphs 52.2565(b) and (c) are being removed
because EPA has determined that it is no longer necessary to codify the
information found in these paragraphs. Paragraph 52.2565(a) is being
amended to state that this historical information will continue to be
made available in the CFR annual editions, Title 40 part 52 (years 2005
through 2012). These annual editions are available on line at the
following url address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
G. Multistate Removal Actions Affected by the National Low Emission
Vehicle Program
On January 24, 1995 (60 FR 4712), EPA promulgated 40 CFR 51.120,
which established a ``SIP call'' mandating a LEV program, based on
California's motor vehicle emissions, which would provide air pollutant
emissions reductions for states located on the Ozone Transport Region
(OTR). See,
[[Page 33983]]
CAA sections 177 and 184. The following OTR states are located in EPA
region III: Delaware, the District of Columbia, Maryland, Pennsylvania,
and the portion of Virginia that was included in the Consolidated
Metropolitan Statistical Area (CMSA) for Washington, DC as of November
15, 1990. For each of these States' part 52 subparts, EPA added CFR
regulations which cross-reference 40 CFR 52.120. The respective
sections are: 52.433, 52.498, 52.1079, 52.2057, and 52.2453. However,
on March 11, 1997, the U.S. Court of Appeals for the D.C. Circuit
vacated the provisions of 40 CFR 51.20. See, Virginia v. EPA, 108 F.3d
1397 (D.C. Cir. Ct. of Appeals, 1997; rehearing denied June 13, 1997.
Subsequently, the EPA Region III States located in the OTR adopted
a similar program known as the NLEV program, a collaborative effort of
EPA, the OTC States, the automobile manufacturers, and others that
would achieve emissions reductions equal to or greater than would be
accomplished if the OTC States adopted the California LEV program under
the authority of CAA section 177. Under the NLEV program, the States
achieved the reductions the SIP call would have required. Therefore,
EPA approved their respective NLEV SIP revisions on the following
dates: December 28, 1999 (64 FR 72564) for Delaware, Maryland,
Pennsylvania, and Virginia; and July 20, 2000 (65 FR 44981 for the
District of Columbia. See 40 CFR 52.420(c), 52.1070(c), 52.2020(c)(1),
52.2420(c), and 52.470(c) respectively.
As a result of the Court's vacatur action and of EPA's subsequent
approvals of the OTR States' NLEV programs, EPA has deemed sections
52.433, 52.498, 52.1079, 52.2057, and 52.2453 to be legally obsolete.
In today's action, these five sections are being removed from the CFR.
It should be noted that since February 10, 2000 (65 FR 6698), the
NLEV program has been superseded by EPA's issuance of a final rule
promulgating Federal Tier 2 vehicle emission and fuel standards. This
Federal Tier 2 program provides for stricter new vehicle emissions
standards than that of the NLEV program, beginning with the phase-in of
that program in model year 2004. Additionally, the Federal Tier 2
program was fully in place and was mandatory for all new subject
vehicles on a national basis in model year 2006. At that time, the NLEV
program ceased to exist for all states, and states' participation in
the National NLEV ceased with the 2006 model year.
III. Final Action
EPA has determined that the above-referenced rules should be
removed or revised at this time. EPA is publishing this rule without
prior proposal because the Agency views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on August 5, 2013 without further notice unless EPA
receives adverse comment by July 8, 2013. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4, 109 Stat. 48 (1995)). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical standards;
thus the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
The rule also does not involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994). In issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct, as required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996). EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1998) by examining the takings implications of the rule
in accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive Order. This rule does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.)
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.
[[Page 33984]]
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that
EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking action. This action which removes or revises
outdated or obsolete part 52 language for Delaware, the District of
Columbia, Maryland, Pennsylvania, Virginia, and West Virginia may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2))
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Environmental Protection
Agency, Incorporation by reference, Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 16, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. Section 52.422 (a) is revised to read as follows:
Sec. 52.422 Approval status.
(a) With the exceptions set forth in this subpart, the
Administrator approves Delaware's plan for the attainment and
maintenance of the national standards under section 110 of the Clean
Air Act. Furthermore, the Administrator finds that the plan satisfies
all requirements of part D, title 1, of the Clean Air Act as amended in
1977.
(b) [Reserved]
0
3. Section 52.432 is revised to read as follows:
Sec. 52.432 Significant deterioration of air quality.
(a) [Reserved]
(b) Regulation for preventing significant deterioration of air
quality. The provisions of 52.21(p) are hereby incorporated and made a
part of the applicable State plan for the State of Delaware.
(c) All applications submitted as of that date and supporting
information required pursuant to Sec. 52.21 from sources located in
the State of Delaware shall be submitted to: Delaware Department of
Natural Resources and Environmental Control, Air Resources Section,
Division of Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19901.
Sec. 52.433 [Removed and reserved]
0
4. Section 52.433 is removed and reserved.
0
5. Section 52.465 is revised to read as follows:
Sec. 52.465 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Delaware'' and all revisions submitted by Delaware
that were federally approved prior to July 1, 1998. The information in
this section is available in the 40 CFR, part 52 edition revised as of
July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Sec. Sec. 52.01 to
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and
the 40 CFR, part 52, Volume 1 of 3 (Sec. Sec. 52.01 to 52.1018)
editions revised as of July 1, 2012.
(b) [Reserved]
Subpart J--District of Columbia
Sec. 52.472 [Amended]
0
6. In Sec. 52.472, paragraphs (b) and (f) are removed and reserved.
Sec. 52.473 [Removed and reserved]
0
7. Section 52.473 is removed and reserved.
Sec. 52.479 [Removed and reserved]
0
8. Section 52.479 is removed and reserved.
Sec. 52.498 [Removed and reserved]
0
9. Section 52.498 is removed and reserved.
0
10. Section 52.515 is revised to read as follows:
Sec. 52.515 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the District of Columbia'' and all revisions submitted by the
District of Columbia that were federally approved prior to July 1,
1998. The information in this section is available in the 40 CFR, part
52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 1 of
2 (Sec. Sec. 52.01 to 52.1018) editions revised as of July 1, 2000
through July 1, 2011, and the 40 CFR, part 52, Volume 1 of 3
(Sec. Sec. 52.01 to 52.1018) edition revised as of July 1, 2012.
(b) [Reserved]
Subpart V-- Maryland
Sec. 52.1072 [Removed and reserved]
0
11. Section 52.1072 is removed and reserved.
Sec. 52.1073 [Amended]
0
12. In Sec. 52.1073, paragraphs (b), (c), and (d) are removed and
reserved.
Sec. 52.1074 [Removed and reserved]
0
13. Section 52.1074 is removed and reserved.
Sec. 52.1077 [Removed and reserved]
0
14. Section 52.1077 is removed and reserved.
Sec. 52.1078 [Removed and reserved]
0
15. Section 52.1078 is removed and reserved.
Sec. 52.1079 [Removed and reserved]
0
16. Section 52.1079 is removed and reserved.
0
17. Section 52.1100 is revised to read as follows:
Sec. 52.1100 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Maryland'' and all revisions submitted by Maryland
that were federally approved prior to November 1, 2004. The information
in this section is available in the 40 CFR, part 52, Volume 2 of 2
(Sec. Sec. 52.1019 to the end of part 52) editions revised as of July
1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3
(Sec. Sec. 52.1019 to 52.2019) edition revised as of July 1, 2012.
(b) [Reserved]
Sec. 52.1118 [Removed and reserved]
0
19. Section 52.1118 is removed and reserved.
[[Page 33985]]
Subpart NN--Pennsylvania
Sec. 52.2022 [Removed and reserved]
0
20. Section 52.2022 is removed and reserved.
0
21. In Sec. 52.2023, paragraphs (d), (e), and (j) are removed and
reserved, and paragraph (b) is revised to read as follows:
Sec. 52.2023 Approval status.
* * * * *
(b) With the exceptions set forth in this subpart, the
Administrator approves Pennsylvania's plan for the attainment and
maintenance of the national ambient air quality standards under section
110 of the Clean Air Act. Furthermore, the Administrator finds that the
plan satisfies all requirements of part D, Title 1, of the Clean Air
Act as amended in 1977.
Sec. 52.2024 [Removed and reserved]
0
22. Section 52.2024 is removed and reserved.
Sec. 52.2025 [Removed and reserved]
0
23. Section 52.2025 is removed and reserved.
Sec. 52.2030 [Removed and reserved]
0
24. Section 52.2030 is removed and reserved.
Sec. 52.2032 [Removed and reserved]
0
25. Section 52.2032 is removed and reserved.
Sec. 52.2033 [Amended]
0
26. In Sec. 52.2033, paragraph (a) is removed and reserved.
Sec. 52.2034 [Removed and reserved]
0
27. Section 52.2034 is removed and reserved.
Sec. 52.2037 [Amended]
0
28. In Sec. 52.2037, paragraph (a) is removed and reserved.
Sec. 52.2055 [Removed and reserved]
0
29. Section 52.2055 is removed and reserved.
Sec. 52.2057 [Removed and reserved]
0
30. Section 52.2057 is removed and reserved.
0
31. Section 52.2058 is revised to read as follows.
Sec. 52.2058 Prevention of significant air quality deterioration.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are met by the regulations (25 PA Code Sec. 127.81 through 127.83)
adopted by the Pennsylvania Environmental Resources on October 28,
1983. All PSD permit applications and requests for modifications
thereto should be submitted to: Pennsylvania Department of
Environmental Resources, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105. ATTN: Abatement and
Compliance Division.
(b) [Reserved]
Sec. 52.2059 [Amended]
0
32. In Sec. 52.2059, paragraph (a) is removed and reserved.
0
33. Section 52.2063 (a) is revised to read as follows:
Sec. 52.2063 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the Commonwealth of Pennsylvania'' and all revisions submitted by
Pennsylvania that were federally approved prior to February 10, 2005.
The information in this section is available in the 40 CFR, part 52,
Volume 2 of 2 (Sec. Sec. 52.1019 to the end of part 52) editions
revised as of July 1, 2005 through July 1, 2011, and the 40 CFR, part
52, Volume 3 of 3 (Sec. Sec. 52.2020 to the end of part 52) edition
revised as of July 1, 2012.
(b) [Reserved]
Subpart VV--Virginia
0
34. In Sec. 52.2423, paragraphs (d), (e), (g), (j), and (k) are
removed and reserved, and paragraphs (a), (f), (m), and (n) are revised
to read as follows:
Sec. 52.2423 Approval status.
(a) With the exceptions set forth in this subpart, the
Administrator approves Virginia's plan for the attainment and
maintenance of the national standards.
* * * * *
(f) Section 9VAC 5-40-20.A.4. of the Virginia Regulations for the
Control and Abatement of Air Pollution is not considered part of the
applicable plan because it contradicts a previously approved section of
the SIP.
* * * * *
(m) EPA approves as part of the Virginia State Implementation Plan
the documents listed in Appendix M, Sections II.A. through II.E and
Section II.G. (currently Regulation 5-20-21 E.1. through E.5 and E.7)
of the Virginia Regulations for the Control and Abatement of Air
Pollution submitted by the Virginia Department of Air Pollution Control
on April 12, 1989.
(n) EPA approves as part of the Virginia State Implementation Plan
the revised references to the documents listed in Appendix M, Sections
II.A. and II.B. (currently Regulation 5-20-21E.1 and E.2) of the
Virginia Regulations for the Control and Abatement of Air Pollution
submitted by the Virginia Department of Air Pollution Control on
February 12, 1993.
* * * * *
Sec. 52.2427 [Removed and reserved]
0
35. Section 52.2427 is removed and reserved.
Sec. 52.2433 [Removed and reserved]
0
36. Section 52.2433 is removed and reserved.
Sec. 52.2436 [Removed and reserved]
0
37. Section 52.2436 is removed and reserved.
Sec. 52.2450 [Removed and reserved]
0
38. Section 52.2450 is removed and reserved.
Sec. 52.2453 [Removed and reserved]
0
39. Section 52.2453 is removed and reserved.
0
40. Section 52.2465 is revised to read as follows:
Sec. 52.2465 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the Commonwealth of Virginia'' and all revisions submitted by
Virginia that were federally approved prior to March 1, 2000. The
information in this section is available in the 40 CFR, part 52, Volume
2 of 2 (Sec. Sec. 52.1019 to the end of part 52) editions revised as
of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 3
of 3 (Sec. Sec. 52.2020 to the end of part 52) edition revised as of
July 1, 2012.
(b) [Reserved]
Subpart XX--West Virginia
Sec. 52.2522 [Amended]
0
41. In Sec. 52.2522, paragraphs (a). (b), (c), and (h) are removed and
reserved.
Sec. 52.2523 [Removed and reserved]
0
42. Section 52.2523 is removed and reserved.
Sec. 52.2524 [Removed and reserved]
0
43. Section 52.2524 is removed and reserved.
Sec. 52.2525 [Amended]
0
44. In Sec. 52.2525, paragraph (a) is removed and reserved.
Sec. 52.2528 [Amended]
0
45. In Sec. 52.2528, paragraph (b) is removed and reserved.
0
46. Section 52.2565 is revised to read as follows:
[[Page 33986]]
Sec. 52.2565 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of West Virginia'' and all revisions submitted by West
Virginia that were federally approved prior to December 1, 2004. The
information in this section is available in the 40 CFR, part 52, Volume
2 of 2 (Sec. Sec. 52.1019 to the end of part 52) editions revised as
of July 1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 3
of 3 (Sec. Sec. 52.2020 to the end of part 52) edition revised as of
July 1, 2012.
(b) [Reserved]
[FR Doc. 2013-13353 Filed 6-5-13; 8:45 am]
BILLING CODE 6560-50-P