Approval and Promulgation of Implementation Plans; Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee; Removal of Obsolete Regulations, 30045-30052 [2014-12004]

Download as PDF Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0813; FRL–9911–44– Region 4] Approval and Promulgation of Implementation Plans; Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee; Removal of Obsolete Regulations Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. AGENCY: The Environmental Protection Agency (EPA) is approving the removal/ revision to over 30 provisions in the Code of Federal Regulations (CFR) in the Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee State Implementation Plan (SIP) subparts because they are unnecessary or obsolete. This action makes no substantive changes to these SIPs and imposes no new requirements. Removal of outdated material from the air program subparts for these states is nonsubstantive in nature and is designed to improve cost effectiveness and usability of the CFR. This action also updates certain provisions by correcting state agencies’ office addresses and correcting CFR publication errors in two provisions. DATES: This final rule is effective May 27, 2014. FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Regulatory Development Section, in the Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman may be reached by phone at (404) 562–9043, or via electronic mail at lakeman.sean@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents emcdonald on DSK67QTVN1PROD with RULES I. Introduction II. Removal of Obsolete or Unnecessary Rules and Clarifications to Certain Rules III. Final Action IV. Statutory and Executive Order Reviews I. Introduction This action is a ‘‘housekeeping’’ exercise that 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 VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 CFR by identifying those provisions in 40 CFR part 52 that are duplicative, outdated or obsolete. This action pertains to eight subparts in 40 CFR part 52 for eight states. Those eight states are Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. EPA is removing/revising provisions from these states’ subparts of 40 CFR part 52 because they are outdated or obsolete in whole or in part. This action also revises certain CFR provisions by correcting state agencies’ office addresses and correcting CFR publication errors in two provisions. One aspect of EPA’s action, affecting all eight 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 promulgated summary tables to replace these paragraphs in previous administrative actions that are described in more detail below. These summary tables describe the regulations, sourcespecific actions, and non-regulatory requirements which comprise the SIPs for the eight states. Although this action will remove outdated or obsolete information from future CFR publications, this historical information will continue to be available in the CFR annual editions, Title 40 part 52 (years 1999 through 2012). These annual editions are available on line at the following Uniform Resource Locator (url) address: https://www.gpo.gov/fdsys/browse/ collectionCfr.action?collectionCode= CFR. II. Removal of Obsolete or Unnecessary Rules and Clarifications to Certain Rules EPA has reviewed the subpart for each of the states and has identified provisions that should be removed or clarified for the reasons set forth as follows: A. Alabama § 52.53 Approval Status Paragraph 52.53, the third sentence states, ‘‘In addition, 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 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 30045 previous January.’’ This sentence is obsolete. It is being removed because the current ozone portion of the State’s implementation plan is subject to the 1990 Clean Air Act (CAA or Act), and the State has no further obligation to adopt and submit CTG based RACT requirements under the 1977 CAA. § 52.56 Review of New Sources and Modifications Paragraph 52.56 refers to conditional approval of Alabama’s Nonattainment New Source Review (NSR) program based on a commitment that Alabama submit necessary corrections by March 9, 1984. Section 110(k)(4) of the CAA limits the duration of conditional approvals, i.e., the State is required to adopt the required revisions by no later than one year of the issuance of the conditional approval. However, on November 2, 1983, EPA postponed calling for the regulatory changes required under the conditional approval. See 48 FR 50686. This paragraph is obsolete because the conditional approval referenced is no longer applicable to the Alabama nonattainment NSR program and is therefore being removed. Also note that Alabama’s NSR program was approved into the Alabama SIP at section 52.50(c). § 52.66 Control Strategy: Ozone Paragraph 52.66 describes the disapproval of Alabama’s March 16, 1995, redesignation request for the Birmingham marginal 1-hour ozone nonattainment area and required Alabama to submit an attainment demonstration by April 27, 2001. This paragraph is obsolete and is being removed because EPA has subsequently redesignated Birmingham for the 1-hour and 8-hour ozone national ambient air quality standards (NAAQS). See 69 FR 11798 and 71 FR 27636; see also 40 CFR 52.50(e). § 52.69 Original Identification of Plan Section Paragraphs 52.69(b) and (c) of this section contains historical information only about EPA’s approval actions for the Alabama SIP which occurred between May 31, 1972, and December 1, 1998. On December 22, 1998 (63 FR 70669), EPA reorganized the Identification of plan section in subpart B by moving the historical SIP information in section 52.50 to paragraphs 52.69(b) and (c), and adding tables that summarize Alabama’s SIP in paragraphs 52.50(a) through (e). Paragraphs 52.69(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of E:\FR\FM\27MYR1.SGM 27MYR1 30046 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations the currently approved SIP are now identified in 52.50(a) through (e). Paragraph 52.69(a) is being amended to state that this historical information will continue to be 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/collection Cfr.action?collectionCode=CFR. B. Florida § 52.522 Approval Status Paragraph 52.522, the third sentence states, ‘‘In addition, 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 sentence is obsolete. It is being removed because the current ozone portion of the State’s implementation plan is subject to the 1990 CAA, and the State has no further obligation to adopt and submit CTG based RACT SIP requirements under the 1977 CAA. emcdonald on DSK67QTVN1PROD with RULES § 52.524 Compliance Schedules Paragraphs 52.524(a) and (b) were promulgated on June 20, 1973 (38 FR 16144) and August 23, 1973 (38 FR 22736), respectively. At that 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 paragraphs set forth compliance schedules by which boilers or furnaces subject to the emission limitation requirements in Florida Regulations (subsection 17–2.04) 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. EPA has therefore determined that it is no longer necessary to codify the information found in paragraphs 52.524(a) and (b). Paragraph 52.524(a) is being amended to state that this historical information will continue to be 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/ VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 browse/collectionCfr.action?collection Code=CFR. § 52.527 Control Strategy: General Paragraph 52.527(a), was added when a Florida April 7, 1980, submission concerning a testing and research rule was disapproved by EPA on November 17, 1983 (see 48 FR 52303). As the rule was not approved into the Florida SIP, EPA has deemed this section referencing the 1983 disapproval to be obsolete and it is therefore being removed. § 52.532 Extension Paragraph 52.532 gave Florida an extension until July 1, 1980, to submit plans to attain and maintain the secondary particulate matter standard in Jacksonville and Tampa nonattainment areas. The secondary particulate matter Florida maintenance plan for these areas was approved on May 2, 1993 (48 FR 19715). This paragraph is therefore obsolete and is being removed. § 52.536 Original Identification of Plan Section Paragraphs 52.536(b) and (c) of this section contains historical information only about EPA’s approval actions for the Florida SIP which occurred between May 31, 1972, and July 1, 1998. On June 16, 1999 (64 FR 32346), EPA reorganized the Identification of plan section in subpart K by moving the historical SIP information in section 52.520 to paragraphs 52.536(b) and (c), and adding tables that summarize Florida’s SIP in paragraphs 52.520(a) through (e). Paragraphs 52.536(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the currently approved SIP are now identified in 52.520(a) through (e). Paragraph 52.536(a) is being amended to state that this historical information will continue to be 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. Georgia § 52.590 Original Identification of Plan Section Paragraphs 52.590(b) and (c) of this section contains historical information only about EPA’s approval actions for the Georgia SIP which occurred between May 31, 1972, and December 1, 1998. On May 21, 1999 (64 FR 27699), EPA reorganized the Identification of plan section in subpart L by moving the PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 historical SIP information in section 52.570 to paragraphs 52.590(b) and (c), and adding tables that summarize Georgia’s SIP in paragraphs 52.570(a) through (e). Paragraphs 52.590(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the currently approved SIP are now identified in 52.570(a) through (e). Paragraph 52.590(a) is being amended to state that this historical information will continue to be 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. D. Kentucky § 52.923 Approval Status Paragraph 52.923(a), the third sentence states, ‘‘In addition, 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 the current ozone portion of the Commonwealth’s SIP is subject to the 1990 CAA, and the Commonwealth has no further obligation to adopt and submit CTG based RACT requirements under the 1977 CAA. § 52.926 Attainment Dates for National Standards Paragraph 52.926 presents the latest dates by which historical national standards were to be attained. This section is obsolete and is being removed. The latest of these dates was December 31, 1987. All of these attainment dates have been superseded by the 1990 CAA and by revised attainment dates for CO, NO2, ozone, PM, and SO2 in response to the issuance of revised NAAQS. See 40 CFR part 50 and 76 FR 54294 for CO. § 52.927 Compliance Schedules Sections 52.927(a) and (b) were promulgated on June 20, 1973 (38 FR 16144) and revised several times. At that time there were issues as to whether plants could comply with SIP approved emission standards for SO2 E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations because of a lack of available low-sulfur coal and the availability of air pollution control equipment. These paragraphs set forth compliance schedules by which boilers or furnaces subject to the emission limitation requirements in Kentucky Regulations 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. EPA has therefore determined that it is no longer necessary to codify the information found in paragraphs 52.927(a) and (b). Paragraph 52.927(a) is being amended to state that this historical information will continue to be 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 emcdonald on DSK67QTVN1PROD with RULES § 52.931 Significant Deterioration of Air Quality Paragraph 52.931(d) is being revised to correct the addresses for the Commonwealth of Kentucky, Energy and Environment Cabinet, Department of Environmental Protection, and Louisville Metro Air Pollution Control District. § 52.934 VOC Rule Deficiency Correction Paragraphs 52.934(a) and (b) of this section contains historical information only about EPA’s approval actions of regulations for the Jefferson County portion of the Commonwealth of Kentucky SIP. On October 23, 2001 (66 FR 53658), EPA reorganized the Identification of plan section for subpart S by adding tables that summarize the Jefferson County portion of the Commonwealth of Kentucky’s SIP in paragraphs 52.920(a) through (e). Paragraphs 52.934(a) and (b) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the Jefferson County portion of the currently approved SIP are now identified in 52.920(a) through (e). Paragraph 52.939(a) is being amended to state that this historical information from paragraphs 52.934(a) and (b) will continue to be 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/collection Cfr.action?collectionCode=CFR. Paragraph 52.934(c) noted deficiencies with and required corrections to an emissions trading rule for Jefferson VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 County. This paragraph is obsolete and is being removed because EPA has subsequently redesignated Jefferson County for the 1997 8-hour ozone NAAQS (see 72 FR 36601 (July 5, 2007)) and this rule was never approved into the SIP. § 52.939 Section Original Identification of Plan Paragraphs 52.939(b) and (c) of this section contains historical information only about EPA’s approval actions for the Kentucky SIP which occurred between May 31, 1972, and March 1, 1999. On May 27, 1999 (64 FR 28748), EPA reorganized the Identification of plan section (section 52.920) for subpart S by moving the historical SIP information in section to 52.939(b) and (c) and adding tables that summarize Kentucky’s SIP in paragraphs 52.920(a) through (e). Paragraphs 52.939(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the currently approved SIP are now identified in 52.920(a) through (e). Paragraph 52.939(a) is being amended to state that this historical information will continue to be 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. E. Mississippi § 52.1272 Approval Status Paragraph 52.1272(b) is being removed because the language was removed in a prior EPA final action (see 76 FR 5274 (January 31, 2011)), but this paragraph was not removed from 40 CFR 52. § 52.1281 Original Identification of Plan Section Paragraphs 52.1281(b) and (c) of this section contains historical information only about EPA’s approval actions for the Mississippi SIP which occurred between May 31, 1972, and July 1, 1997. On July 1, 1997 (62 FR 35441), EPA reorganized the Identification of plan section (section 52.1270) for subpart Z by moving the historical SIP information in 52.1270 to paragraphs 52.1281(b) and (c), and adding tables that summarize Mississippi’s SIP in paragraphs 52.1270 (a) through (e). Paragraphs 52.1281(b) and (c) are being removed because EPA has determined that it is no longer to include these paragraphs because the contents of the currently approved SIP are now PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 30047 identified in 52.1270(a) through (e). Paragraph 52.1281(a) is being amended to state that this historical information will continue to be 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/collection Cfr.action?collectionCode=CFR. F. North Carolina § 52.1772 Approval Status Paragraph 52.1772(a), the third sentence states, ‘‘In addition, 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 the current ozone portion of the State’s implementation plan is subject to the 1990 CAA, and the State has no further obligation to adopt and submit CTG based RACT requirements under the 1977. § 52.1778 Significant Deterioration of Air Quality Paragraph 52.1778(c) is being revised to correct the agency title and/or address for Mecklenburg County and Forsyth County. § 52.1780 VOC Rule Deficiency Correction Paragraph 52.1780 requires North Carolina to correct a deficiency regarding capture control device efficiency, citing state requirement 2D.914. The information in this section is obsolete and is being removed because the correction to 2D.0914 was approved on November 10, 1999 (64 FR 61213) and is codified in paragraph 52.1770(c). § 52.1783 Original Identification of Plan Section Paragraphs 52.1783(b) and (c) of this section contains historical information only about EPA’s approval actions for the North Carolina SIP which occurred between May 31, 1972, and December 1, 1998. On May 20, 1999 (64 FR 27465), EPA reorganized the Identification of plan section (section 52.1770) for subpart II by moving the historical SIP information in section 52.1770 to paragraphs 52.69(b) and (c), and adding E:\FR\FM\27MYR1.SGM 27MYR1 30048 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations tables that summarize North Carolina’s SIP in paragraphs 52.1770 (a) through (e). Paragraphs 52.1783(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the currently approved SIP are now identified in 52.1770(a) through (e). Paragraph 52.1783(a) is being amended to state that this historical information will continue to be 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. G. South Carolina § 52.2122 H. Tennessee Approval Status Paragraph 52.2122(a), the third sentence states, ‘‘In addition, 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 the current ozone portion of the State’s implementation plan is subject to the 1990 CAA, and the State has no further obligation to adopt and submit CTG based RACT requirements under the 1977 CAA. § 52.2130 Control Strategy: Sulfur Oxides and Particulate Matter This section is being revised to correctly reflect that Bowater is not part of SCE & G. The sentence currently reads ‘‘This certification does not apply to Public Service Authority—Winyah, SCE & G—Bowater, and SCE & G— Williams.’’ and should read ‘‘This certification does not apply to Public Service Authority—Winyah, Bowater, and SCE & G—Williams.’’ emcdonald on DSK67QTVN1PROD with RULES § 52.2134 Original Identification of Plan Section Paragraphs 52.2134(b) and (c) of this section contains historical information only about EPA’s approval actions for the South Carolina SIP which occurred between May 31, 1972, and July 1, 1997. On July 1, 1997 (62 FR 35441), EPA reorganized the Identification of plan section in subpart PP by moving the historical SIP information in 52.2120 to VerDate Mar<15>2010 17:52 May 23, 2014 paragraphs 52.2134(b) and (c), and adding tables that summarize South Carolina’s SIP in paragraphs 52.2120 (a) through (e). Paragraphs 52.2134(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the currently approved SIP are now identified in 52.2120(a) through (e). Paragraph 52.2134(a) is being amended to state that this historical information will continue to be 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. Jkt 232001 § 52.2222 Approval Status Paragraph 52.2222(a), the third sentence states, ‘‘In addition, 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 the current ozone portion of the State’s implementation plan is subject to the 1990 CAA, and the State has no further obligation to adopt and submit CTG based RACT requirements under the 1977 CAA. Paragraph 52.2222(c) of this section contains historical information only about EPA’s approval actions of regulations for the Nashville-Davidson County portion of the Tennessee SIP. On October 6, 2005 (70 FR 58321), EPA reorganized the Identification of plan section (section 52.2220) for subpart RR by summarizing Nashville-Davidson County portion of the Tennessee’s SIP in paragraphs 52.2220(a) through (e). Paragraph 52.2222(c) is being removed because EPA has determined that it is no longer necessary to include the information found in this paragraph because the contents of the currently approved Nashville-Davidson portion of the SIP are now identified in 52.2220(a) through (e). Paragraph 52.2239(a) is being amended to state that this historical information from paragraph 52.2222(c) will continue to be available in the CFR annual editions, Title 40 part 52 (years 1999 through 2012). These PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 annual editions are available on line at the following url address: https:// www.gpo.gov/fdsys/browse/collection Cfr.action?collectionCode=CFR. § 52.2223 Compliance Schedules Sections 52.2223(a), (b), (c), (d), (e) and (f) were promulgated on June 20, 1973 (38 FR 16144) and revised several times. At that time there were issues as to whether plants could comply with SIP approved emission standards for SO2 because of a lack of available lowsulfur coal and the availability of air pollution control equipment. These paragraphs set forth compliance schedules by which boilers or furnaces subject to the emission limitation requirements in Tennessee Regulations 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. EPA has therefore determined that it is no longer necessary to codify the information found in paragraphs 52.2223(a), (b, (c), (d), (e) and (f). Paragraph 52.2223(a) is being amended to state that this historical information will continue to be 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. § 52.2226 Extensions Section 52.2226 codifies two attainment plan submittal extensions for specific areas in Tennessee. Both extensions were until July 1, 1980. Section 52.2226 is obsolete and is being removed because EPA has determined that it is no longer necessary to codify the expired extensions found in this section. § Attainment Dates for National Standards Section 52.2230 presents the latest dates by which historical national standards were to be attained. This entire section is obsolete and is being removed. The latest of these dates was December 31, 1987. All of these attainment dates have been superseded by the 1990 CAA and by revised attainment dates for CO, NO2, ozone, PM, and SO2 in response to the issuance of revised NAAQS. See 40 CFR part 50 and 76 FR 54294 for CO. § Significant Deterioration of Air Quality Section 52.2233(c)(1) is being revised to update the addresses of the State and Local Agencies. E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations § Original Identification of Plan Section Paragraphs 52.2239(b) and (c) of this section contains historical information only about EPA’s approval actions for the Tennessee SIP which occurred between May 31, 1972, and December 1, 1998. On June 30, 1999 (64 FR 35009), EPA reorganized the Identification of plan section in subpart RR by moving the historical SIP information in section 52.2220 to paragraphs 52.2239(b) and (c), and adding tables that summarize Tennessee’s SIP in paragraphs 52.2220(a) through (e). Paragraphs 52.2239(b) and (c) are being removed because EPA has determined that it is no longer necessary to include these paragraphs because the contents of the currently approved SIP are now identified in 52.2220(a) through (e). Paragraph 52.2239(a) is being amended to state that this historical information will continue to be 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/collection Cfr.action?collectionCode=CFR. emcdonald on DSK67QTVN1PROD with RULES III. Final Action EPA is removing/revising provisions the above-reference rules from these states’ subparts of 40 CFR part 52 because they are outdated or obsolete in whole or in part. This action also revises certain CFR provisions by correcting state agencies’ office addresses and correcting CFR publication errors in two provisions. EPA has determined that today’s action falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA). Upon a finding of ‘‘good cause,’’ the APA authorizes agencies to dispense with public participation. In addition, APA section 553(d)(3) allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Under section 553 of the APA, an agency may find good cause where procedures are ‘‘impractical, unnecessary, or contrary to the public interest.’’ Today’s action is a ‘‘housekeeping’’ action that merely removes or revises outdated or obsolete CFR provisions. This action makes no substantive changes to any SIP. Public comment is ‘‘unnecessary’’ since this action does not change existing law and immediate publication in the CFR benefits the public by simplifying the CFR by removing outdated and obsolete provisions. In addition, immediate VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 publication of updated state agencies’ office addresses benefits the public. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). Because the Agency has made a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the APA or any other statute as indicated 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 (UMRA) of 1995 (Pub. L. 104–4). 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 action merely removes rules from subparts of 40 CFR part 52 because they pertain to state regulations that are outdated or legally obsolete in whole or in part and impose no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule merely removes rules from subparts of 40 CFR part 52 because they pertain to state regulations that are outdated or legally obsolete in whole or in part and does not impose any additional enforceable duty beyond that required by state law, does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will 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). This rule also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 30049 responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule merely removes rules from subparts of 40 CFR part 52 because they pertain to state regulations that are outdated or legally obsolete in whole or in part and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In addition, this rule 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. This rule also does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), nor does it provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Because EPA has made a ‘‘good cause’’). As explained above, the Agency has made a ‘‘good cause’’ finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest, therefore this rule will be effective upon publication. 5 U.S.C. 808(2). 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. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). E:\FR\FM\27MYR1.SGM 27MYR1 30050 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. EPA is not approving or promulgating any SIP provision in this housekeeping action. Prior EPA rulemaking actions for each individual component of the SIPs at issue previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of that rulemaking action. approved prior to December 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] (c) [Reserved] 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. ■ 7. Section 52.522(a) is revised to read as follows: § 52.522 Dated: May 13, 2014. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Authority: 42 U.S.C. 7401 et seq. Subpart B—Alabama 2. Section 52.53 is revised to read as follows: ■ Approval status. With the exceptions set forth in this subpart, the Administrator approves Alabama’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. [Removed and Reserved] [Removed and Reserved] 5. Section 52.66 is removed and reserved. ■ 6. Section 52.69 is revised to read as follows: emcdonald on DSK67QTVN1PROD with RULES ■ § 52.69 Original identification of plan section. (a) This section identified the original ‘‘Air Implementation Plan for the State of Alabama’’ and all revisions submitted by Alabama that were federally VerDate Mar<15>2010 18:48 May 23, 2014 Jkt 232001 § 52.527 [Removed and Reserved] 9. Section 52.527 is removed and reserved. ■ § 52.532 [Removed and Reserved] 10. Section 52.532 is removed and reserved. ■ 11. Section 52.536 is revised to read as follows: ■ § 52.536 section. 3. Section 52.56 is removed and reserved. ■ § 52.66 Compliance schedule. (a) 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] 1. The authority citation for part 52 continues to read as follows: § 52.56 Approval status. (a) With the exceptions set forth in this subpart, the Administrator approves Florida’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. * * * * * ■ 8. Section 52.524 is revised to read as follows: § 52.524 ■ § 52.53 Subpart K—Florida Original identification of plan (a) This section identified the original ‘‘Air Implementation Plan for the State of Florida’’ and all revisions submitted by Florida 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. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 (b) [Reserved] (c) [Reserved] Subpart L—Georgia 12. Section 52.590 is revised to read as follows: ■ § 52.590 section. Original identification of plan (a) This section identified the original ‘‘Air Implementation Plan for the State of Georgia’’ and all revisions submitted by Georgia that were federally approved prior to December 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] (c) [Reserved] Subpart S—Kentucky 13. Section 52.923(a) is revised to read as follows: ■ § 52.923 Approval status. (a) With the exceptions set forth in this subpart, the Administrator approves Kentucky’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. * * * * * § 52.926 [Removed and Reserved] 14. Section 52.934 is removed and reserved. ■ 15. Section 52.927 is revised to read as follows: ■ § 52.927 Compliance schedule. (a) 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] ■ 16. Section 52.931(d) is revised to read as follows: § 52.931 quality. Significant deterioration of air * * * * * (d) All applications and other information required pursuant to § 52.21 of this part from sources located in the E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations Commonwealth of Kentucky shall be submitted to the State agency, Commonwealth of Kentucky, Energy and Environment Cabinet, Department of Environmental Protection, Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky 40601–1403 or local agency, Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky 40204– 1745, rather than to EPA’s Region 4 office. § 52.934 [Removed and Reserved] 17. Section 52.934 is removed and reserved. ■ 18. Section 52.939 is revised to read as follows: ■ § 52.939 section. Original identification of plan Subpart Z—Mississippi 19. Section 52.1272 is revised to read as follows: ■ Approval status. emcdonald on DSK67QTVN1PROD with RULES (a) With the exceptions set forth in this subpart, the Administrator approves Mississippi’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] ■ 20. Section 52.1281 is revised to read as follows: § 52.1281 section. Original identification of plan (a) This section identified the original ‘‘Air Implementation Plan for the State of Mississippi’’ and all revisions submitted by Mississippi that were federally approved prior to July 1, 1997. The information in this section is available in the 40 CFR, part 52 edition VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 available in the 40 CFR, part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 (§§ 52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (§§ 52.1019 to 52.2019) editions revised as of July 1, 2012. (b) [Reserved] (c) [Reserved] Subpart II—North Carolina Subpart PP—South Carolina 21. Section 52.1772(a) is revised to read as follows: ■ § 52.1772 (a) This section identified the original ‘‘Air Implementation Plan for the State of Kentucky’’ and all revisions submitted by Kentucky that were federally approved prior to March 1, 1999. 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. The Jefferson County portion of the Commonwealth of Kentucky’s SIP previously identified in section 52.934(a) and (b) is also available in the above editions. § 52.1272 revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 (§§ 52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (§§ 52.1019 to 52.2019) editions revised as of July 1, 2012. (b) [Reserved] (c) [Reserved] 30051 Approval status. (a) With the exceptions set forth in this subpart, the Administrator approves North Carolina’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. * * * * * ■ 22. Section 52.1778(c) is revised to read as follows: § 52.1778 quality. * * * * (c) All applications and other information required pursuant to § 52.21 of this part from sources located or to be located in the State of North Carolina shall be submitted to the State agency, North Carolina Department of Environment and Natural Resources, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699–1641 or local agencies, Forsyth County Office of Environmental Assistance and Protection, 201 North Chestnut Street, Winston-Salem, North Carolina 27101–4120; Mecklenburg County Air Quality, 700 N. Tryon St., Suite 205, Charlotte, North Carolina 28202–2236; Western North Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, North Carolina 28806, rather than to EPA’s Region 4 office. [Removed and Reserved] 23. Section 52.1780 is removed and reserved. ■ 24. Section 52.1783 is revised to read as follows: ■ § 52.1783 section. Original identification of plan (a) This section identified the original ‘‘Air Implementation Plan for the State of North Carolina’’ and all revisions submitted by North Carolina that were federally approved prior to December 1, 1998. The information in this section is PO 00000 § 52.2122 Approval status. (a) With the exceptions set forth in this subpart, the Administrator approves South Carolina’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. * * * * * ■ 26. Section 52.2130 is revised to read as follows: Significant deterioration of air * § 52.1780 25. Section 52.2122(a) is revised to read as follows: ■ Frm 00047 Fmt 4700 Sfmt 4700 § 52.2130 Control strategy: Sulfur oxides and particulate matter. In letters dated May 7, and December 2, 1986, the South Carolina Department of Health and Environmental Control certified that no emission limits in the State’s plan are based on dispersion techniques not permitted by EPA’s stack height rules. This certification does not apply to Public Service Authority— Winyah, Bowater, and SCE & G— Williams. ■ 27. Section 52.2134 is revised to read as follows: § 52.2134 section. Original identification of plan (a) This section identified the original ‘‘Air Implementation Plan for the State of South Carolina’’ and all revisions submitted by South Carolina that were federally approved prior to July 1, 1997. 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 2 of 2 (§§ 52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (§§ 52.2020 to End) editions revised as of July 1, 2012. (b) [Reserved] (c) [Reserved] Subpart RR—Tennessee 28. In § 52.2222, paragraph (a) is revised and paragraph (c) is removed and reserved. The revision reads as follows: ■ E:\FR\FM\27MYR1.SGM 27MYR1 30052 § 52.2222 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations Approval status. § 52.2223 Compliance schedules. (a) 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 3 of 3 (§§ 52.2020 to End) editions revised as of July 1, 2012. (b) [Reserved] (c) [Reserved] (d) [Reserved] (e) [Reserved] (f) [Reserved] § 52.2226 31. Section 52.2230 is removed and reserved. ■ emcdonald on DSK67QTVN1PROD with RULES Jkt 232001 [FR Doc. 2014–12004 Filed 5–23–14; 8:45 am] BILLING CODE 6560–50–P ACTION: 32. Section 52.2233(c) is revised to read as follows: * * * * * (c) All applications and other information required pursuant to § 52.21 of this part from sources located or to be located in the State of Tennessee shall be submitted to the State agency, Department of Environment and Conservation Division of Air Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa L Parks Avenue, 15th Floor, Nashville, TN 37243, or local agencies, Knox County Air Quality Management-Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 37917; Metro Public Health Department, Pollution Control Division, 311 23rd Avenue North, Nashville, Tennessee, 37203; Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 Preservation Drive, Chattanooga, Tennessee 37416; Shelby County Health Department, Pollution Control Section, 814 Jefferson Avenue, Memphis, Tennessee 38105, rather than to the EPA’s Region 4 office. ■ (a) This section identified the original ‘‘Air Implementation Plan for the State of Tennessee’’ and all revisions submitted by Tennessee that were federally approved prior to December 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 2 of 2 (§§ 52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (§§ 52.2020 to End) editions revised as of July 1, 2012. The Nashville-Davidson portion of the Tennessee’s SIP previously identified in section 52.2222(c) is also available in the above editions. (b) [Reserved] (c) [Reserved] AGENCY: Significant deterioration of air 17:52 May 23, 2014 ■ Original Identification of plan Restrictions on Legal Assistance to Aliens; Corrections [Removed and Reserved] VerDate Mar<15>2010 § 52.2239 section. 45 CFR Part 1626 30. Section 52.2226 is removed and reserved. § 52.2233 quality. PART 1626—RESTRICTIONS ON LEGAL ASSISTANCE TO ALIENS LEGAL SERVICES CORPORATION [Removed and Reserved] ■ § 52.2230 33. Section 52.2239 is revised to read as follows: ■ (a) With the exceptions set forth in this subpart, the Administrator approves Tennessee’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. * * * * * (c) [Reserved] ■ 29. Section 52.2223 is revised to read as follows: Legal Services Corporation. Correcting amendments. The Legal Services Corporation (LSC) published a document in the Federal Register on April 18, 2014, amending LSC rules governing restrictions on legal assistance to aliens. That document failed to include paragraph headings in a section. This document corrects the final regulations by revising the section. SUMMARY: DATES: Effective May 27, 2014. FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K St. NW., Washington, DC 20007; (202) 295–1563; sdavis@lsc.gov. This document corrects the final regulations for part 1626, which became effective on May 19, 2014. SUPPLEMENTARY INFORMATION: List of Subjects in 45 CFR Part 1626 Aliens, Grant programs—law, Legal services, Migrant labor, Reporting and recordkeeping requirements. Accordingly, 45 CFR part 1626 is corrected by making the following correcting amendments: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 1. The authority citation for part 1626 continues to read as follows: Authority: 42 U.S.C. 2996g(e). ■ 2. Revise § 1626.2 to read as follows: § 1626.2 Definitions. (a) Anti-abuse statutes means the Violence Against Women Act of 1994, Pub. L. 103–322, 108 Stat. 1941, as amended, and the Violence Against Women and Department of Justice Reauthorization Act of 2005, Public Law 109–162, 119 Stat. 2960 (collectively referred to as ‘‘VAWA’’); Section 101(a)(15)(U) of the INA, 8 U.S.C. 1101(a)(15)(U); and the incorporation of these statutory provisions in section 502(a)(2)(C) of LSC’s FY 1998 appropriation, Public Law 105–119, Title V, 111 Stat. 2440, 2510 as incorporated by reference thereafter; the Victims of Trafficking and Violence Protection Act of 2000, Public Law 106– 386, 114 Stat. 1464 (‘‘TVPA’’), as amended; and Section 101(a)(15)(T) of the Immigration and Nationality Act (‘‘INA’’), 8 U.S.C. 1101(a)(15)(T). (b) Battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution may be considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence. (c) Certification means the certification prescribed in 22 U.S.C. 7105(b)(1)(E). (d) Citizen means a person described or defined as a citizen or national of the United States in 8 U.S.C. 1101(a)(22) and Title III of the Immigration and Nationality Act (INA), Chapter 1 (8 U.S.C. 1401 et seq.) (citizens by birth) and Chapter 2 (8 U.S.C. 1421 et seq.) (citizens by naturalization) or antecedent citizen statutes. (e) Eligible alien means a person who is not a citizen but who meets the requirements of § 1626.4 or § 1626.5. (f) Ineligible alien means a person who is not a citizen and who does not meet the requirements of § 1626.4 or § 1626.5. (g) On behalf of an ineligible alien means to render legal assistance to an E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30045-30052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12004]



[[Page 30045]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0813; FRL-9911-44-Region 4]


Approval and Promulgation of Implementation Plans; Alabama, 
Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina 
and Tennessee; Removal of Obsolete Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
removal/revision to over 30 provisions in the Code of Federal 
Regulations (CFR) in the Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina and Tennessee State 
Implementation Plan (SIP) subparts because they are unnecessary or 
obsolete. This action makes no substantive changes to these SIPs and 
imposes no new requirements. Removal of outdated material from the air 
program subparts for these states is non-substantive in nature and is 
designed to improve cost effectiveness and usability of the CFR. This 
action also updates certain provisions by correcting state agencies' 
office addresses and correcting CFR publication errors in two 
provisions.

DATES: This final rule is effective May 27, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Regulatory 
Development Section, in the Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. 
Lakeman may be reached by phone at (404) 562-9043, or via electronic 
mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Removal of Obsolete or Unnecessary Rules and Clarifications to 
Certain Rules
III. Final Action
IV. Statutory and Executive Order Reviews

I. Introduction

    This action is a ``housekeeping'' exercise that 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 provisions in 40 CFR 
part 52 that are duplicative, outdated or obsolete. This action 
pertains to eight subparts in 40 CFR part 52 for eight states. Those 
eight states are Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina and Tennessee.
    EPA is removing/revising provisions from these states' subparts of 
40 CFR part 52 because they are outdated or obsolete in whole or in 
part. This action also revises certain CFR provisions by correcting 
state agencies' office addresses and correcting CFR publication errors 
in two provisions. One aspect of EPA's action, affecting all eight 
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 promulgated summary tables to 
replace these paragraphs in previous administrative actions that are 
described in more detail below. These summary tables describe the 
regulations, source-specific actions, and non-regulatory requirements 
which comprise the SIPs for the eight states.
    Although this action will remove outdated or obsolete information 
from future CFR publications, this historical information will continue 
to be available in the CFR annual editions, Title 40 part 52 (years 
1999 through 2012). These annual editions are available on line at the 
following Uniform Resource Locator (url) address: https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

II. Removal of Obsolete or Unnecessary Rules and Clarifications to 
Certain Rules

    EPA has reviewed the subpart for each of the states and has 
identified provisions that should be removed or clarified for the 
reasons set forth as follows:

A. Alabama

Sec.  52.53 Approval Status
    Paragraph 52.53, the third sentence states, ``In addition, 
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 sentence is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 Clean Air Act (CAA 
or Act), and the State has no further obligation to adopt and submit 
CTG based RACT requirements under the 1977 CAA.
Sec.  52.56 Review of New Sources and Modifications
    Paragraph 52.56 refers to conditional approval of Alabama's 
Nonattainment New Source Review (NSR) program based on a commitment 
that Alabama submit necessary corrections by March 9, 1984. Section 
110(k)(4) of the CAA limits the duration of conditional approvals, 
i.e., the State is required to adopt the required revisions by no later 
than one year of the issuance of the conditional approval. However, on 
November 2, 1983, EPA postponed calling for the regulatory changes 
required under the conditional approval. See 48 FR 50686. This 
paragraph is obsolete because the conditional approval referenced is no 
longer applicable to the Alabama nonattainment NSR program and is 
therefore being removed. Also note that Alabama's NSR program was 
approved into the Alabama SIP at section 52.50(c).
Sec.  52.66 Control Strategy: Ozone
    Paragraph 52.66 describes the disapproval of Alabama's March 16, 
1995, redesignation request for the Birmingham marginal 1-hour ozone 
nonattainment area and required Alabama to submit an attainment 
demonstration by April 27, 2001. This paragraph is obsolete and is 
being removed because EPA has subsequently redesignated Birmingham for 
the 1-hour and 8-hour ozone national ambient air quality standards 
(NAAQS). See 69 FR 11798 and 71 FR 27636; see also 40 CFR 52.50(e).
Sec.  52.69 Original Identification of Plan Section
    Paragraphs 52.69(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Alabama SIP which 
occurred between May 31, 1972, and December 1, 1998. On December 22, 
1998 (63 FR 70669), EPA reorganized the Identification of plan section 
in subpart B by moving the historical SIP information in section 52.50 
to paragraphs 52.69(b) and (c), and adding tables that summarize 
Alabama's SIP in paragraphs 52.50(a) through (e). Paragraphs 52.69(b) 
and (c) are being removed because EPA has determined that it is no 
longer necessary to include these paragraphs because the contents of

[[Page 30046]]

the currently approved SIP are now identified in 52.50(a) through (e). 
Paragraph 52.69(a) is being amended to state that this historical 
information will continue to be 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. Florida

Sec.  52.522 Approval Status
    Paragraph 52.522, the third sentence states, ``In addition, 
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 sentence is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT SIP 
requirements under the 1977 CAA.
Sec.  52.524 Compliance Schedules
    Paragraphs 52.524(a) and (b) were promulgated on June 20, 1973 (38 
FR 16144) and August 23, 1973 (38 FR 22736), respectively. At that 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 paragraphs set forth compliance schedules by which 
boilers or furnaces subject to the emission limitation requirements in 
Florida Regulations (subsection 17-2.04) 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. EPA has therefore determined that it is no longer necessary to 
codify the information found in paragraphs 52.524(a) and (b). Paragraph 
52.524(a) is being amended to state that this historical information 
will continue to be 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.
Sec.  52.527 Control Strategy: General
    Paragraph 52.527(a), was added when a Florida April 7, 1980, 
submission concerning a testing and research rule was disapproved by 
EPA on November 17, 1983 (see 48 FR 52303). As the rule was not 
approved into the Florida SIP, EPA has deemed this section referencing 
the 1983 disapproval to be obsolete and it is therefore being removed.
Sec.  52.532 Extension
    Paragraph 52.532 gave Florida an extension until July 1, 1980, to 
submit plans to attain and maintain the secondary particulate matter 
standard in Jacksonville and Tampa nonattainment areas. The secondary 
particulate matter Florida maintenance plan for these areas was 
approved on May 2, 1993 (48 FR 19715). This paragraph is therefore 
obsolete and is being removed.
Sec.  52.536 Original Identification of Plan Section
    Paragraphs 52.536(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Florida SIP which 
occurred between May 31, 1972, and July 1, 1998. On June 16, 1999 (64 
FR 32346), EPA reorganized the Identification of plan section in 
subpart K by moving the historical SIP information in section 52.520 to 
paragraphs 52.536(b) and (c), and adding tables that summarize 
Florida's SIP in paragraphs 52.520(a) through (e). Paragraphs 52.536(b) 
and (c) are being removed because EPA has determined that it is no 
longer necessary to include these paragraphs because the contents of 
the currently approved SIP are now identified in 52.520(a) through (e). 
Paragraph 52.536(a) is being amended to state that this historical 
information will continue to be 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. Georgia

Sec.  52.590 Original Identification of Plan Section
    Paragraphs 52.590(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Georgia SIP which 
occurred between May 31, 1972, and December 1, 1998. On May 21, 1999 
(64 FR 27699), EPA reorganized the Identification of plan section in 
subpart L by moving the historical SIP information in section 52.570 to 
paragraphs 52.590(b) and (c), and adding tables that summarize 
Georgia's SIP in paragraphs 52.570(a) through (e). Paragraphs 52.590(b) 
and (c) are being removed because EPA has determined that it is no 
longer necessary to include these paragraphs because the contents of 
the currently approved SIP are now identified in 52.570(a) through (e). 
Paragraph 52.590(a) is being amended to state that this historical 
information will continue to be 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.

D. Kentucky

Sec.  52.923 Approval Status
    Paragraph 52.923(a), the third sentence states, ``In addition, 
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 the current ozone portion of the 
Commonwealth's SIP is subject to the 1990 CAA, and the Commonwealth has 
no further obligation to adopt and submit CTG based RACT requirements 
under the 1977 CAA.
Sec.  52.926 Attainment Dates for National Standards
    Paragraph 52.926 presents the latest dates by which historical 
national standards were to be attained. This section is obsolete and is 
being removed. The latest of these dates was December 31, 1987. All of 
these attainment dates have been superseded by the 1990 CAA and by 
revised attainment dates for CO, NO2, ozone, PM, and 
SO2 in response to the issuance of revised NAAQS. See 40 CFR 
part 50 and 76 FR 54294 for CO.
Sec.  52.927 Compliance Schedules
    Sections 52.927(a) and (b) were promulgated on June 20, 1973 (38 FR 
16144) and revised several times. At that time there were issues as to 
whether plants could comply with SIP approved emission standards for 
SO2

[[Page 30047]]

because of a lack of available low-sulfur coal and the availability of 
air pollution control equipment. These paragraphs set forth compliance 
schedules by which boilers or furnaces subject to the emission 
limitation requirements in Kentucky Regulations 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. EPA has therefore determined that it is no 
longer necessary to codify the information found in paragraphs 
52.927(a) and (b). Paragraph 52.927(a) is being amended to state that 
this historical information will continue to be 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
Sec.  52.931 Significant Deterioration of Air Quality
    Paragraph 52.931(d) is being revised to correct the addresses for 
the Commonwealth of Kentucky, Energy and Environment Cabinet, 
Department of Environmental Protection, and Louisville Metro Air 
Pollution Control District.
Sec.  52.934 VOC Rule Deficiency Correction
    Paragraphs 52.934(a) and (b) of this section contains historical 
information only about EPA's approval actions of regulations for the 
Jefferson County portion of the Commonwealth of Kentucky SIP. On 
October 23, 2001 (66 FR 53658), EPA reorganized the Identification of 
plan section for subpart S by adding tables that summarize the 
Jefferson County portion of the Commonwealth of Kentucky's SIP in 
paragraphs 52.920(a) through (e). Paragraphs 52.934(a) and (b) are 
being removed because EPA has determined that it is no longer necessary 
to include these paragraphs because the contents of the Jefferson 
County portion of the currently approved SIP are now identified in 
52.920(a) through (e). Paragraph 52.939(a) is being amended to state 
that this historical information from paragraphs 52.934(a) and (b) will 
continue to be 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. Paragraph 52.934(c) noted 
deficiencies with and required corrections to an emissions trading rule 
for Jefferson County. This paragraph is obsolete and is being removed 
because EPA has subsequently redesignated Jefferson County for the 1997 
8-hour ozone NAAQS (see 72 FR 36601 (July 5, 2007)) and this rule was 
never approved into the SIP.
Sec.  52.939 Original Identification of Plan Section
    Paragraphs 52.939(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Kentucky SIP 
which occurred between May 31, 1972, and March 1, 1999. On May 27, 1999 
(64 FR 28748), EPA reorganized the Identification of plan section 
(section 52.920) for subpart S by moving the historical SIP information 
in section to 52.939(b) and (c) and adding tables that summarize 
Kentucky's SIP in paragraphs 52.920(a) through (e). Paragraphs 
52.939(b) and (c) are being removed because EPA has determined that it 
is no longer necessary to include these paragraphs because the contents 
of the currently approved SIP are now identified in 52.920(a) through 
(e). Paragraph 52.939(a) is being amended to state that this historical 
information will continue to be 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.

E. Mississippi

Sec.  52.1272 Approval Status
    Paragraph 52.1272(b) is being removed because the language was 
removed in a prior EPA final action (see 76 FR 5274 (January 31, 
2011)), but this paragraph was not removed from 40 CFR 52.
Sec.  52.1281 Original Identification of Plan Section
    Paragraphs 52.1281(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Mississippi SIP 
which occurred between May 31, 1972, and July 1, 1997. On July 1, 1997 
(62 FR 35441), EPA reorganized the Identification of plan section 
(section 52.1270) for subpart Z by moving the historical SIP 
information in 52.1270 to paragraphs 52.1281(b) and (c), and adding 
tables that summarize Mississippi's SIP in paragraphs 52.1270 (a) 
through (e). Paragraphs 52.1281(b) and (c) are being removed because 
EPA has determined that it is no longer to include these paragraphs 
because the contents of the currently approved SIP are now identified 
in 52.1270(a) through (e). Paragraph 52.1281(a) is being amended to 
state that this historical information will continue to be 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.

F. North Carolina

Sec.  52.1772 Approval Status
    Paragraph 52.1772(a), the third sentence states, ``In addition, 
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 the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT 
requirements under the 1977.
Sec.  52.1778 Significant Deterioration of Air Quality
    Paragraph 52.1778(c) is being revised to correct the agency title 
and/or address for Mecklenburg County and Forsyth County.
Sec.  52.1780 VOC Rule Deficiency Correction
    Paragraph 52.1780 requires North Carolina to correct a deficiency 
regarding capture control device efficiency, citing state requirement 
2D.914. The information in this section is obsolete and is being 
removed because the correction to 2D.0914 was approved on November 10, 
1999 (64 FR 61213) and is codified in paragraph 52.1770(c).
Sec.  52.1783 Original Identification of Plan Section
    Paragraphs 52.1783(b) and (c) of this section contains historical 
information only about EPA's approval actions for the North Carolina 
SIP which occurred between May 31, 1972, and December 1, 1998. On May 
20, 1999 (64 FR 27465), EPA reorganized the Identification of plan 
section (section 52.1770) for subpart II by moving the historical SIP 
information in section 52.1770 to paragraphs 52.69(b) and (c), and 
adding

[[Page 30048]]

tables that summarize North Carolina's SIP in paragraphs 52.1770 (a) 
through (e). Paragraphs 52.1783(b) and (c) are being removed because 
EPA has determined that it is no longer necessary to include these 
paragraphs because the contents of the currently approved SIP are now 
identified in 52.1770(a) through (e). Paragraph 52.1783(a) is being 
amended to state that this historical information will continue to be 
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.

G. South Carolina

Sec.  52.2122 Approval Status
    Paragraph 52.2122(a), the third sentence states, ``In addition, 
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 the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT 
requirements under the 1977 CAA.
Sec.  52.2130 Control Strategy: Sulfur Oxides and Particulate Matter
    This section is being revised to correctly reflect that Bowater is 
not part of SCE & G. The sentence currently reads ``This certification 
does not apply to Public Service Authority--Winyah, SCE & G--Bowater, 
and SCE & G--Williams.'' and should read ``This certification does not 
apply to Public Service Authority--Winyah, Bowater, and SCE & G--
Williams.''
Sec.  52.2134 Original Identification of Plan Section
    Paragraphs 52.2134(b) and (c) of this section contains historical 
information only about EPA's approval actions for the South Carolina 
SIP which occurred between May 31, 1972, and July 1, 1997. On July 1, 
1997 (62 FR 35441), EPA reorganized the Identification of plan section 
in subpart PP by moving the historical SIP information in 52.2120 to 
paragraphs 52.2134(b) and (c), and adding tables that summarize South 
Carolina's SIP in paragraphs 52.2120 (a) through (e). Paragraphs 
52.2134(b) and (c) are being removed because EPA has determined that it 
is no longer necessary to include these paragraphs because the contents 
of the currently approved SIP are now identified in 52.2120(a) through 
(e). Paragraph 52.2134(a) is being amended to state that this 
historical information will continue to be 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.

H. Tennessee

Sec.  52.2222 Approval Status
    Paragraph 52.2222(a), the third sentence states, ``In addition, 
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 the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT 
requirements under the 1977 CAA.
    Paragraph 52.2222(c) of this section contains historical 
information only about EPA's approval actions of regulations for the 
Nashville-Davidson County portion of the Tennessee SIP. On October 6, 
2005 (70 FR 58321), EPA reorganized the Identification of plan section 
(section 52.2220) for subpart RR by summarizing Nashville-Davidson 
County portion of the Tennessee's SIP in paragraphs 52.2220(a) through 
(e). Paragraph 52.2222(c) is being removed because EPA has determined 
that it is no longer necessary to include the information found in this 
paragraph because the contents of the currently approved Nashville-
Davidson portion of the SIP are now identified in 52.2220(a) through 
(e). Paragraph 52.2239(a) is being amended to state that this 
historical information from paragraph 52.2222(c) will continue to be 
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.
Sec.  52.2223 Compliance Schedules
    Sections 52.2223(a), (b), (c), (d), (e) and (f) were promulgated on 
June 20, 1973 (38 FR 16144) and revised several times. At that 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 paragraphs set forth compliance schedules by which 
boilers or furnaces subject to the emission limitation requirements in 
Tennessee Regulations 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. EPA 
has therefore determined that it is no longer necessary to codify the 
information found in paragraphs 52.2223(a), (b, (c), (d), (e) and (f). 
Paragraph 52.2223(a) is being amended to state that this historical 
information will continue to be 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.
Sec.  52.2226 Extensions
    Section 52.2226 codifies two attainment plan submittal extensions 
for specific areas in Tennessee. Both extensions were until July 1, 
1980. Section 52.2226 is obsolete and is being removed because EPA has 
determined that it is no longer necessary to codify the expired 
extensions found in this section.
Sec.  Attainment Dates for National Standards
    Section 52.2230 presents the latest dates by which historical 
national standards were to be attained. This entire section is obsolete 
and is being removed. The latest of these dates was December 31, 1987. 
All of these attainment dates have been superseded by the 1990 CAA and 
by revised attainment dates for CO, NO2, ozone, PM, and 
SO2 in response to the issuance of revised NAAQS. See 40 CFR 
part 50 and 76 FR 54294 for CO.
Sec.  Significant Deterioration of Air Quality
    Section 52.2233(c)(1) is being revised to update the addresses of 
the State and Local Agencies.

[[Page 30049]]

Sec.  Original Identification of Plan Section
    Paragraphs 52.2239(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Tennessee SIP 
which occurred between May 31, 1972, and December 1, 1998. On June 30, 
1999 (64 FR 35009), EPA reorganized the Identification of plan section 
in subpart RR by moving the historical SIP information in section 
52.2220 to paragraphs 52.2239(b) and (c), and adding tables that 
summarize Tennessee's SIP in paragraphs 52.2220(a) through (e). 
Paragraphs 52.2239(b) and (c) are being removed because EPA has 
determined that it is no longer necessary to include these paragraphs 
because the contents of the currently approved SIP are now identified 
in 52.2220(a) through (e). Paragraph 52.2239(a) is being amended to 
state that this historical information will continue to be 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.

III. Final Action

    EPA is removing/revising provisions the above-reference rules from 
these states' subparts of 40 CFR part 52 because they are outdated or 
obsolete in whole or in part. This action also revises certain CFR 
provisions by correcting state agencies' office addresses and 
correcting CFR publication errors in two provisions.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA). Upon a finding of ``good cause,'' the APA 
authorizes agencies to dispense with public participation. In addition, 
APA section 553(d)(3) allows an agency to make a rule effective 
immediately (thereby avoiding the 30-day delayed effective date 
otherwise provided for in the APA). Under section 553 of the APA, an 
agency may find good cause where procedures are ``impractical, 
unnecessary, or contrary to the public interest.''
    Today's action is a ``housekeeping'' action that merely removes or 
revises outdated or obsolete CFR provisions. This action makes no 
substantive changes to any SIP. Public comment is ``unnecessary'' since 
this action does not change existing law and immediate publication in 
the CFR benefits the public by simplifying the CFR by removing outdated 
and obsolete provisions. In addition, immediate publication of updated 
state agencies' office addresses benefits the public.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the 
Agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the APA or any other 
statute as indicated 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 (UMRA) of 1995 (Pub. L. 104-4). 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 action merely removes rules from subparts of 40 CFR 
part 52 because they pertain to state regulations that are outdated or 
legally obsolete in whole or in part and impose no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely removes rules from subparts of 40 CFR part 52 because they 
pertain to state regulations that are outdated or legally obsolete in 
whole or in part and does not impose any additional enforceable duty 
beyond that required by state law, does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This rule also does not have Federalism 
implications because it does not 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 merely removes rules from 
subparts of 40 CFR part 52 because they pertain to state regulations 
that are outdated or legally obsolete in whole or in part and does not 
alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant. In addition, this rule 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. This rule also does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), nor does it provide EPA with the 
discretionary authority to address, as appropriate, disproportionate 
human health or environmental effects, using practicable and legally 
permissible methods, under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    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. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. Because EPA has made a 
``good cause''). As explained above, the Agency has made a ``good 
cause'' finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest, therefore this rule 
will be effective upon publication. 5 U.S.C. 808(2). 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. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

[[Page 30050]]

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. EPA is not approving or promulgating any SIP provision 
in this housekeeping action. Prior EPA rulemaking actions for each 
individual component of the SIPs at issue previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of that rulemaking action.

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 13, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

    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 B--Alabama

0
2. Section 52.53 is revised to read as follows:


Sec.  52.53  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Alabama'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.


Sec.  52.56  [Removed and Reserved]

0
3. Section 52.56 is removed and reserved.


Sec.  52.66  [Removed and Reserved]

0
5. Section 52.66 is removed and reserved.

0
6. Section 52.69 is revised to read as follows:


Sec.  52.69  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Alabama'' and all revisions submitted by Alabama that 
were federally approved prior to December 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]
    (c) [Reserved]

Subpart K--Florida

0
7. Section 52.522(a) is revised to read as follows:


Sec.  52.522  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Florida'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.
* * * * *

0
8. Section 52.524 is revised to read as follows:


Sec.  52.524  Compliance schedule.

    (a) 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]


Sec.  52.527  [Removed and Reserved]

0
9. Section 52.527 is removed and reserved.


Sec.  52.532  [Removed and Reserved]

0
10. Section 52.532 is removed and reserved.

0
11. Section 52.536 is revised to read as follows:


Sec.  52.536  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Florida'' and all revisions submitted by Florida 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]
    (c) [Reserved]

Subpart L--Georgia

0
12. Section 52.590 is revised to read as follows:


Sec.  52.590  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Georgia'' and all revisions submitted by Georgia that 
were federally approved prior to December 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]
    (c) [Reserved]

Subpart S--Kentucky

0
13. Section 52.923(a) is revised to read as follows:


Sec.  52.923  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Kentucky'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.
* * * * *


Sec.  52.926  [Removed and Reserved]

0
14. Section 52.934 is removed and reserved.

0
15. Section 52.927 is revised to read as follows:


Sec.  52.927  Compliance schedule.

    (a) 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]

0
16. Section 52.931(d) is revised to read as follows:


Sec.  52.931  Significant deterioration of air quality.

* * * * *
    (d) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located in the

[[Page 30051]]

Commonwealth of Kentucky shall be submitted to the State agency, 
Commonwealth of Kentucky, Energy and Environment Cabinet, Department of 
Environmental Protection, Division for Air Quality, 200 Fair Oaks Lane, 
1st Floor, Frankfort, Kentucky 40601-1403 or local agency, Louisville 
Metro Air Pollution Control District, 850 Barret Avenue, Louisville, 
Kentucky 40204-1745, rather than to EPA's Region 4 office.


Sec.  52.934  [Removed and Reserved]

0
17. Section 52.934 is removed and reserved.

0
18. Section 52.939 is revised to read as follows:


Sec.  52.939  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Kentucky'' and all revisions submitted by Kentucky 
that were federally approved prior to March 1, 1999. 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. The Jefferson County portion of 
the Commonwealth of Kentucky's SIP previously identified in section 
52.934(a) and (b) is also available in the above editions.

Subpart Z--Mississippi

0
19. Section 52.1272 is revised to read as follows:


Sec.  52.1272  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Mississippi'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
20. Section 52.1281 is revised to read as follows:


Sec.  52.1281  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Mississippi'' and all revisions submitted by 
Mississippi that were federally approved prior to July 1, 1997. 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 2 of 2 
(Sec. Sec.  52.1019 to End) editions revised as of July 1, 2000 through 
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec.  
52.1019 to 52.2019) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart II--North Carolina

0
21. Section 52.1772(a) is revised to read as follows:


Sec.  52.1772  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves North Carolina'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.
* * * * *

0
22. Section 52.1778(c) is revised to read as follows:


Sec.  52.1778  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the State agency, North 
Carolina Department of Environment and Natural Resources, Division of 
Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-
1641 or local agencies, Forsyth County Office of Environmental 
Assistance and Protection, 201 North Chestnut Street, Winston-Salem, 
North Carolina 27101-4120; Mecklenburg County Air Quality, 700 N. Tryon 
St., Suite 205, Charlotte, North Carolina 28202-2236; Western North 
Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, 
North Carolina 28806, rather than to EPA's Region 4 office.


Sec.  52.1780  [Removed and Reserved]

0
23. Section 52.1780 is removed and reserved.

0
24. Section 52.1783 is revised to read as follows:


Sec.  52.1783  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of North Carolina'' and all revisions submitted by North 
Carolina that were federally approved prior to December 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 2 of 2 
(Sec. Sec.  52.1019 to End) editions revised as of July 1, 2000 through 
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec.  
52.1019 to 52.2019) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart PP--South Carolina

0
25. Section 52.2122(a) is revised to read as follows:


Sec.  52.2122  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves South Carolina'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.
* * * * *

0
26. Section 52.2130 is revised to read as follows:


Sec.  52.2130  Control strategy: Sulfur oxides and particulate matter.

    In letters dated May 7, and December 2, 1986, the South Carolina 
Department of Health and Environmental Control certified that no 
emission limits in the State's plan are based on dispersion techniques 
not permitted by EPA's stack height rules. This certification does not 
apply to Public Service Authority--Winyah, Bowater, and SCE & G--
Williams.

0
27. Section 52.2134 is revised to read as follows:


Sec.  52.2134  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of South Carolina'' and all revisions submitted by South 
Carolina that were federally approved prior to July 1, 1997. 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 2 of 2 
(Sec. Sec.  52.1019 to End) 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 End) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart RR--Tennessee

0
28. In Sec.  52.2222, paragraph (a) is revised and paragraph (c) is 
removed and reserved.
    The revision reads as follows:

[[Page 30052]]

Sec.  52.2222  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Tennessee'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.
* * * * *
    (c) [Reserved]

0
29. Section 52.2223 is revised to read as follows:


Sec.  52.2223  Compliance schedules.

    (a) 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 3 of 3 
(Sec. Sec.  52.2020 to End) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]
    (d) [Reserved]
    (e) [Reserved]
    (f) [Reserved]


Sec.  52.2226  [Removed and Reserved]

0
30. Section 52.2226 is removed and reserved.


Sec.  52.2230  [Removed and Reserved]

0
31. Section 52.2230 is removed and reserved.


Sec.  52.2233  Significant deterioration of air quality.

0
32. Section 52.2233(c) is revised to read as follows:
* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of Tennessee shall be submitted to the State agency, Department 
of Environment and Conservation Division of Air Pollution Control, 
William R. Snodgrass Tennessee Tower, 312 Rosa L Parks Avenue, 15th 
Floor, Nashville, TN 37243, or local agencies, Knox County Air Quality 
Management-Department of Public Health, 140 Dameron Avenue, Knoxville, 
Tennessee 37917; Metro Public Health Department, Pollution Control 
Division, 311 23rd Avenue North, Nashville, Tennessee, 37203; 
Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 
Preservation Drive, Chattanooga, Tennessee 37416; Shelby County Health 
Department, Pollution Control Section, 814 Jefferson Avenue, Memphis, 
Tennessee 38105, rather than to the EPA's Region 4 office.

0
33. Section 52.2239 is revised to read as follows:


Sec.  52.2239  Original Identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Tennessee'' and all revisions submitted by Tennessee 
that were federally approved prior to December 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 2 of 2 (Sec. Sec.  52.1019 
to End) 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 End) editions 
revised as of July 1, 2012. The Nashville-Davidson portion of the 
Tennessee's SIP previously identified in section 52.2222(c) is also 
available in the above editions.
    (b) [Reserved]
    (c) [Reserved]

[FR Doc. 2014-12004 Filed 5-23-14; 8:45 am]
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