Control of Air Pollution; Removal and Modification of Obsolete, Superfluous or Burdensome Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[FRL-5450-9]

Control of Air Pollution; Removal and Modification of Obsolete,

Superfluous or Burdensome Rules

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining,

through ``direct final'' procedure, that certain rules in the Code of

Federal Regulations (CFR), 40 CFR Parts 51 and 52 should be deleted or

modified. Deleting or modifying these rules will clarify their legal

status and remove unnecessary, obsolete or burdensome regulations.

In the proposed rules section of this Federal Register, EPA is

proposing these determinations and soliciting public comment on them.

If adverse comments are received on the direct final rule, EPA will

withdraw the portions of the final rule that triggered the comments.

EPA will address those comments in a final rule on the related proposed

rule, which is being published in the proposed rules section of this

Federal Register. See, for example, EPA's partial withdrawal of a

direct final rule in 60 FR 6030 (Feb. 1, 1995). Any portions of the

final rule for which no adverse or critical comment is received will

become final after the designated period.

DATES: This action will be effective June 10, 1996 unless notice is

received by May 13, 1996 that any person wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Maureen Delaney, Office of Air and

Radiation, Office of Policy Analysis and Review, (202) 260-7431.

SUPPLEMENTARY INFORMATION:

I. Introduction

On March 4, 1995, the President directed all Federal Agencies and

departments to conduct a comprehensive review of the regulations they

administer, to identify those rules that are obsolete or unduly

burdensome. EPA conducted such a review, including rules issued under

the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.) On June

29, 1995, EPA published a notice deleting more than 200 Clean Air Act

rules that were no longer legally in effect. 60 FR 33915 (June

29,1995).

In this document, EPA tackles the next phase of its revision

effort, deleting or modifying: additional regulations that are legally

obsolete in whole or in part; regulations which duplicate the statute

or guidance; and regulations that do not add significantly to statutory

provisions, are unduly restrictive or inhibitive of Agency flexibility,

or otherwise are overly burdensome.

EPA's philosophy in this rulemaking is to delete those regulations

which there is no compelling reason to retain, even though no clear

harm results from retention. For example, some regulations are being

deleted because the same substantive provisions exist in the form of

policy guidance. In the case of these regulations, EPA has concluded

that the policy guidance is sufficient to inform the public of EPA's

regulatory interpretations, while allowing the Agency to be more

quickly responsive to unforeseen circumstances that may call for

increased flexibility in EPA's positions. Where EPA has determined that

a regulation does not add substantial value to what is already

contained in the law, or where there are alternative means to

accomplish the regulatory end without restricting EPA's ability to

respond to factual peculiarities in a timely and appropriate way, EPA

has determined that the regulation should be deleted.

EPA has included in this phase of its regulatory streamlining

effort those regulations which can readily be deleted or modified

without a major or complicated regulatory overhaul, and which do not

raise issues on which EPA anticipates adverse comment. These are

therefore appropriate for direct final rulemaking. In the next phase of

its rulemaking effort, EPA anticipates addressing the modifications and

deletions that require a comprehensive approach to more complex or

potentially controversial revisions.

The removal of these rules from the CFR is not intended to affect

the status of any civil or criminal actions that were initiated prior

to the publication of this rule, or which may be initiated in the

future to redress violations of the rules that occurred when the rules

were still legally in effect. Removal of provisions on the ground that

they reiterate or are redundant of statutory provisions does not affect

any obligation or requirement to comply with such statutory provision.

Finally, this rule deletes several state-specific regulations that

no longer have any use or legal effect. For example, the rule deletes

several federal implementation plan provisions that were promulgated in

the 1970's for states that subsequently achieved approval of corrective

state plans. Those approvals removed EPA's authority to retain the

federal provisions, and therefore the federal provisions should have

been deleted at that time. This rule accomplishes those and other

similar deletions.

II. Deletion and Modification of Unnecessary or Burdensome Rules

The following deletions/modifications have been divided into two

basic types of regulations found in 40 CFR Parts 51 and 52: (1) rules

applicable on a national basis; (2) rules applicable to a specific

state. This notice looks in turn at each of the categories, setting

forth the reasons that EPA seeks today to remove them from the CFR.

Any deletion of provisions that state implementation plans

(``SIPs'') currently reference is not intended to disturb those

references, and EPA interprets those references to be to the version

that was in the CFR when the state adopted the reference, unless the

state subsequently provides otherwise and EPA approves such

subsequently adopted provision as a SIP revision.

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1. National Rules

The following regulations apply on a national basis. EPA has

reviewed these rules and found that they should be deleted (or, where

indicated, modified) for the reasons set forth below.

Part 51

40 CFR 51.100(o) and 51.110(c): Section 51.100(o) defines

reasonably available control technology (``RACT'') for the purpose of

implementing secondary national ambient air quality standards

(``NAAQS''). This definition is only used in the establishment of

secondary NAAQS attainment dates [see Sec. 51.110(c)] and in the

evaluation of State requests for extensions of SIP submittals [see

Sec. 51.341(b)] for secondary NAAQS.

Section 51.110(c) requires plans to provide for the attainment of a

secondary standard within a reasonable time after the date of the

Administrator's approval of the plan, and for maintenance of the

standard after it has been attained.

Under the Clean Air Act of 1977, the test for approval of the

attainment date in a SIP implementing a secondary NAAQS was contained

in section 110(a)(2)(A)(ii). This required that the SIP attain the

secondary NAAQS within a ``reasonable time''. Under the CAA of 1990,

this was changed. The new test for approval of a secondary NAAQS

attainment date is contained in section 172(a)(2)(B) and requires

attainment ``as expeditiously as practicable after the date such area

was designated nonattainment.''

As a result of this statutory change, Sec. 51.110(c) is obsolete

and is being deleted from the CFR to eliminate any possible confusion

regarding the appropriate tests for approval of a secondary NAAQS

attainment date. Further, the Sec. 51.100(o) definition of RACT, which

was the sole factor in the evaluation of the approvability of secondary

NAAQS attainment dates or requests for extension of SIP submittal

dates, is no longer necessary and is being deleted. The EPA believes

that evaluation of the approvability of the expeditiousness of

attainment dates for secondary nonattainment areas requires a case-by-

case analysis of the nature and extent of the problem. For example,

this analysis could consider the number of affected sources, the nature

of the emissions (stack or fugitive), the feasibility of controls, the

costs of controls, and other relevant factors. The EPA does not believe

that the availability and effectiveness of RACT should be a

determinative factor in implementing secondary NAAQS. In addition this

will eliminate potential confusion, since the current Agency definition

of RACT is contained in a December 9, 1976 memorandum from R. Strelow

to Regional Administrators, Regions I-X, entitled ``Guidance to

Determining Acceptability of SIP Regulations in Nonattainment Areas.''

40 CFR 51.101 Stipulations: Section 51.101 states that nothing in

Part 51 should be construed to encourage states: to adopt

implementation plans that do not protect the environment; to adopt

plans that do not take into consideration cost-effectiveness and social

and economic impact; to limit appropriate techniques for estimating air

quality or demonstrating adequacy of control strategies; and otherwise

to limit state flexibility to adopt appropriate control strategies or

to attain and maintain air quality better than that required by a

national standard.

While EPA wholeheartedly endorses the policies embodied in

Sec. 51.101, EPA does not believe it necessary to clutter the CFR with

such precatory language, particularly since the Clean Air Act and

judicial interpretations construing the Act provide for state

flexibility. For example, Section 110(a)(2)(A) provides in part that

implementation plans shall ``include enforceable emission limitations

and other control measures, means or techniques (including economic

incentives such as fees, marketable permits, and auctions of emissions

rights) * * *. as may be necessary or appropriate to meet the

applicable requirements of this Act. * * *'' Section 101(a)(3) of the

Clean Air Act provides that air pollution prevention and control is

``the primary responsibility of States and local governments; * * *''

The Supreme Court, in construing the Clean Air Act, has also made clear

that the state has broad discretion in constructing attainment plans.

Train v. NRDC, 421 U.S. 60, 78-79 (1975) Union Electric Co. v. EPA, 427

U.S. 246, 256-57 (1976). There is thus no compelling legal or policy

reason to retain this section, and accordingly it is deleted.

40 CFR 51.104 Revisions: Section 51.104(a). Section 51.104(a)

provides that an implementation plan shall be revised from time to time

as necessary to take into account revisions of national standards, the

availability of improved methods of attaining standards, or a finding

that the plan is substantially inadequate to attain or maintain the

standards, or comply with the requirements of the Act.

This provision is superfluous because its requirements are

superseded by the 1990 Clean Air Act Amendments which set forth the

conditions and specific schedules according to which plan revisions

should take place. See CAA section 110(k)(5), the general authority of

sections 110(k) and (l). See also section 110(a)(2)(H), which requires

plans to provide for revisions under the same circumstances set forth

in Sec. 51.104(a). Accordingly, Sec. 51.104(a) is deleted.

Section 51.104(b). Section 51.104(b) provides that the State must

revise a plan within 60 days after notice by the Administrator, or such

later date as is set by the Administrator.

This regulation has been superseded by Section 110(k)(5) of the

Clean Air Act, which sets up a different timetable for revisions.

Section 51.104(b) is legally obsolete, and accordingly is deleted.

Section 51.104(e). Section 51.104(e) requires the state to identify

and describe revisions other than those covered by Sec. 51.101(a) and

(d). Section 110(l) of the Clean Air Act governs SIP revisions to EPA,

and therefore this section is unnecessary, superfluous, and overly

restrictive. Accordingly, it is being deleted.

Note: Sections 51.104 (c), (d), (f) and (g) are being retained,

and are being redesignated Sec. 51.104 (a) and (b), (c), and (d),

respectively.

40 CFR 51.110 (a) through (l) Attainment and Maintenance of

National Standards: These sections set forth various requirements for

state implementation plans (``SIPs'') providing for attainment of the

primary and secondary national ambient air quality standards.

(``NAAQS'').

Section 51.110(a). Section 51.110(a) requires SIPs to provide for

emissions reductions sufficient to offset any increase in air quality

concentrations resulting from an emissions increase due to projected

growth of population, industrial activity, motor vehicle traffic, or

other factors.

This section is at odds with the approach taken in current law,

under section 110(l). Section 110(l) establishes as a test of

approvability of a SIP revision that the revision may not ``interfere

with any applicable requirement concerning attainment and reasonable

further progress (as defined in section 171), or any other applicable

requirement of this Act.'' It thus calls into play, and must be read

with, the Act's highly specific requirements in areas such as

reasonable further progress and conformity. EPA interprets section

110(l) by applying it to each SIP revision, in light of the

circumstances presented by each case. Thus, in contrast to

Sec. 51.110(a), and statutory provisions such as section 193 of the

Clean Air Act (which applies to modifications of pre-1990 SIP

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components) section 110(l) does not call for a ``one-size-fits-all''

equivalence standard. EPA therefore concludes that the rigid

equivalence test of Sec. 51.110(a) conflicts with the current statute.

To the extent that this regulation remains consistent with new law, it

is superfluous. EPA has not issued general guidance on section 110(l),

because it views each type of SIP revision as presenting unique issues

that should be addressed on a case-by-case basis. Accordingly,

Sec. 51.110(a) is being deleted.

Section 51.110(b). Section 51.110(b) requires that plans for

attainment of the primary standard, or revisions to such plans, provide

for attainment as expeditiously as practicable, but no longer than

three years after the date of approval by the Administrator, unless the

state obtains an exemption under Subpart R. Section 51.110(b) further

requires that each plan provide for maintenance of the standard.

As to basic or original SIPs, the requirements of Sec. 51.110(b)

have been superseded by sections 172(c)(l), 181-182, 186-187(CO), 188-

189 (PM10), 191-192 (SO2, NOX, lead) as enacted as part

of the Clean Air Act Amendments of 1990. As to revisions, this section

is superseded by section 110(l) and new statutory provision 175A, which

addresses how states are supposed to assure maintenance. With respect

to section 110(a)(l) of the CAA, Sec. 51.110(b) is redundant and

therefore unnecessary. Section 51.110(b) is accordingly being deleted.

Section 51.110(c). See the discussion above under Sec. 51.100(o).

Section 51.110(d). Retained.

Section 51.110(e). Section 51.110(e) requires plans to ensure that

stationary sources within one region will not prevent attainment and

maintenance of standards in any other region, or interfere with PSD or

visibility measures required to be included in other regions' plans.

Section 51.110(e) is duplicative of the statute, which states that

any plan must meet section 110(a)(2)(D), and with section 110(l), which

provides that any plan revision shall not interfere with statutory

requirements, including section 110(a)(2)(D).

Section 51.110(f). Section 110(f) provides that, for purposes of

developing a control strategy, data derived from measurements of

existing ambient levels of a pollutant may be adjusted to reflect the

extent to which occasional natural or accidental phenomena demonstrably

affected such measured levels.

This section restates the general position that data used to

develop control strategies may be adjusted to reflect occasional

natural or accidental phenomena. This section is unnecessary, since it

is redundant of other guidance. To the extent that natural or

accidental phenomena affect measured levels of pollutants, pollutant-

specific legislative or policy guidance is available to deal with the

impact of these phenomena. For example, section 188(f) of the Clean Air

Act of 1990 provides waivers for certain areas affected by

nonanthropogenic sources of PM10. In addition, EPA has provided

specific guidance regarding the interpretation and implementation of

this section in the General Preamble for the Implementation of Title I

of the Clean Air Act Amendments of 1990: State Implementation Plans for

serious PM10 nonattainment areas and attainment date waivers for

PM10 nonattainment areas, generally 59 FR 157, 41998-42017.

Accordingly, this section is being deleted as superfluous and

redundant.

Section 51.110(g). Section 51.110(g) states that EPA encourages

States, in developing their attainment plans, to identify alternative

control strategies and the costs and benefits thereof.

While EPA endorses the policies embodied in this regulation, EPA

does not believe it necessary to clutter the CFR with such precatory

language. Sections 110(a)(2)(A) and 101(a)(3), as well as Train v.

NRDC, supra and Union Electric v. EPA, supra, make clear that the state

is free to consider a broad range of factors in constructing its

attainment plans. Accordingly, Sec. 51.110(g) is being deleted.

Section 51.110(h). Section 51.110(h) requires a state plan, to be

submitted by 1974, to identify areas which may have the potential for

exceeding any national standard within the subsequent ten-year period.

This section deals with plan requirements that were due in the

1970's. The statute now sets up a comprehensive scheme that governs how

states should address maintenance. Section 110(a)(l) and Section 175A.

Section 51.110(h) is a relic of an outmoded statutory framework. EPA

believes it is not necessary or warranted for this section to remain on

the books in light of the maintenance requirements in the current

statute. Accordingly it is being deleted.

Section 51.110(i). This section states that the Administrator will

publish by August, 1975, a list of the areas that shall be subject to

the requirements of Sec. 51.110(g).

Section 51.110(i) is obsolete because in the 1977 Clean Air Act

Amendments, and then again in the 1990 Amendments, Congress statutorily

prescribed the contents of new plans for attainment. Sections

172(c)(l), Sections 181-182 (ozone), 186-187 (CO) 188-189 (PM10),

191-192 (SO2, NOX, lead). Accordingly, Sec. 51.110(I) is

being deleted.

Section 51.110(j). Section 51.110(j) provides that for each area

identified under Sec. 51.110(f), the State must submit an air quality

analysis and, if necessary, a plan revision.

Section 51.110(j) is obsolete because in the 1977 Clean Air Act

Amendments, and then again in the 1990 Amendments, Congress statutorily

prescribed the requirements for new plans for attainment and for

revisions. Sections 172(c)(l), 181-182 (ozone), 182(b)(l), 182(c)(2)(A)

(ozone), 186-187 (CO), 188-189 (PM10), 191-192 (SO2,

NOX, lead. Accordingly, Sec. 51.110(j) is being deleted.

Section 51.110(k). Section 51.110(k) applies to state plans

required to be submitted by May, 1978, and includes maintenance

provisions and requirements for data collection and assessment that

include a requirement that the State notify the Administrator if an

area is ``undergoing an amount of development such that it presents the

potential for a violation of national standards within a period of 20

years.'' This section also requires that state plans provide for

assessing all areas of the State every five years to determine if any

areas need plan revision.

This section is a relic of a previous statutory framework and

related round of SIP revisions. The current statute sets forth a

different, and detailed scheme for plan revisions. Section 110(k)(5)

provides that the Administrator may call for SIP revisions based on a

range of findings. EPA does not believe that Sec. 51.110(k) should

remain in the CFR to limit the flexibility embodied in sections

110(k)(5) and 175A. Accordingly Sec. 51.110(k) is being deleted.

Section 51.110(l). Section 51.110(l) provides that whenever the

Administrator calls for a plan revision she may require it to be

developed in accordance with Subpart D without publishing the area in

part 52.

Section 110(k)(5) of the current Clean Air Act adequately governs

the circumstances under which the Administrator may call for plan

revisions. EPA will determine on a case-by-case basis the procedures it

will apply in implementing SIP calls. Accordingly, Sec. 51.110(l) is

unnecessary and is being deleted.

40 CFR 51.213 Transportation Control Measure: Section 51.213(a):

Section 51.213(a) provides that plans must

[[Page 16053]]

contain procedures for obtaining and maintaining data on actual

emissions reductions achieved as a result of implementation of

transportation control measures.

Section 51.213(b). Section 51.213(b) provides that, for measures

based on traffic flow changes or reductions in vehicle use, data must

include observed changes in vehicle miles traveled and average speeds.

Section 51.213(c). Section 51.213(c) requires data to be kept so as

to facilitate comparison of the planned and actual efficacy of

transportation control measures.

Section 51.213(a-c) are generally addressed in section III, SIP

requirements, of the General Preamble for Title I of the 1990 CAA. The

procedural elements of the SIP submittals are specifically required by

sections 182 and 187 of the CAAA. The requirements are incorporated in

Agency regulation and guidance on each required SIP submittal that is

related to transportation control. For example, guidance documents such

as ``Transportation Control Measure: State Implementation Plan Guidance

(September, 1990), ``Section 187 VMT Forecasting and Tracking

Guidance'' (January, 1992), and ``Transportation Control Measure

Information Documents'' (March, 1992), discuss the same requirements

that are set forth in Sec. 51.213. Thus, this section is redundant of

other EPA guidance regarding transportation control measures, and

accordingly is being deleted.

40 CFR 51.241(b)-(f); 51.242-252 Subpart M--Intergovernmental

Consultation: (Includes the following rules:)

51.241 Nonattainment areas for carbon monoxide and ozone

51.242 [Reserved]

51.243 Consultation process objectives

51.244 Plan elements affected

51.245 Organizations and officials to be consulted

51.246 Timing

51.247 Hearings on consultation process violations

51.248 Coordination with other programs

51.249 [Reserved]

51.250 Transmittal of information

51.251 Conformity with Executive Order 12372

51.252 Summary of plan development participation

The requirements described in this subpart are generally addressed

in section III, SIP requirements, of the General Preamble for Title I

of the Clean Air Act Amendments of 1990 (CAAA). The requirements of

Sec. 51.241 regarding Section 174 of the CAAA and designation of a lead

planning organization are specifically addressed in a guidance document

required by section 108(3) of the CAAA. EPA issued the guidance

entitled, ``The 1992 Transportation and Air Quality Planning

Guidelines'' in July, 1992.

The requirements of Secs. 51.243 through 51.252 regarding the

planning consultation process are incorporated in Agency regulation and

guidance on each SIP submittal required by the CAAA. For example, the

EPA regulation, ``Criteria and Procedures for Determining Conformity to

State or Federal Implementation Plans or Transportation Plans,

Programs, and Projects Funded or Approved Under Title 23 U.S.C. or the

Federal Transit Act'' (November, 1993), contains specific requirements

for the planning and consultation process that States must adhere to

and incorporate into their SIP submittal. Thus, these requirements are

redundant of other EPA rules regarding air quality planning, and

consequently are being deleted.

40 CFR 51.325 Contingency Plan Actions: Section 51.325 requires

states to report any measures taken to stop emissions contributing to

any incident of air pollution which corresponds to a stage of episode

criteria as established in the state's contingency plan. States are

also required to report an account of any episode stage during which no

action was taken, and an explanation for the failure to take action.

This section imposes a reporting burden on states that is no longer

appropriate and necessary. This section was promulgated at a time when

EPA did not have routine access to state air quality data. Currently,

EPA has access to State air quality data and has the ability to

initiate the appropriate regulatory response to these high

concentrations, e.g., redesignation to nonattainment. In addition, this

regulation reflects an era when many State air pollution control

agencies were new and may have needed EPA support in dealing with

elevated air pollution levels. State agencies have progressed to the

extent that they do not need EPA assistance in dealing with this type

of event. Moreover, the reporting of how exactly every state responds

to each of these events does not yield a significant enough benefit to

justify the reporting burden, since that information would be publicly

available in any event. The EPA believes that the CFR should reflect

these developments and is therefore removing this regulation as

unnecessary.

40 CFR 51.341 Request for 18-month Extension: Section 51.341(a)

states that the Administrator may, whenever she determines necessary,

extend the submittal date for the portion of a SIP which implements a

secondary NAAQS.

This section merely restates the statutory language contained in

section 110(b) of the Clean Air Act of 1990. Since this section is

redundant, EPA is deleting it from the CFR.

Sections 51.341 (b), (c) and (d) impose certain requirements on any

State request for an extension of the submittal date for a SIP

implementing a secondary NAAQS. Section 51.341(b) requires, at a

minimum, the application of RACT as defined in Sec. 51.100(o). Section

51.341(c) requires that any request for an extension involving an

interstate area either be accompanied by requests from all affected

States in the area or show that all other States in the area were

notified of the request. Finally, Sec. 51.341(d) requires that any

request must be submitted sufficiently in advance to permit SIP

development prior to the original SIP submittal deadline in the event

the request is denied.

These sections place unnecessary limits on the exercise of

discretion by the Administrator in acting on State requests for

extensions of the submittal date for SIPs to implement secondary NAAQS.

While these sections reflect general principles which the Administrator

may wish to consider, they are not compelled by the statutory language

of the Clean Air Act of 1990. EPA believes that such restrictions are

unnecessary and that they may unduly inhibit State flexibility.

Consequently, these sections are being deleted from the CFR.

Part 52

40 CFR 52.02(d) Introduction: Section 52.02(d) provides that

approved plans are available for inspection at the Office of the

Federal Register and at listed EPA headquarters and regional addresses.

The EPA addresses listed in Sec. 52.02(d) are no longer correct.

Accordingly Sec. 52.02(d)(1) through (d)(3) are being revised to

reflect current addresses.

40 CFR 52.03 Extensions: Section 52.03 states that each subpart

includes the Administrator's determination with respect to requests for

extensions under section 110(b) for submitting secondary standard

attainment plans, and requests under section 110(e) for extensions of

the 3-year deadline for attaining the primary standard.

Section 110(e) has been repealed, and thus there are no longer any

determinations of requests for extensions under that section. With

respect to any other extension of attainment dates or extensions under

section 110(b) for submitting secondary

[[Page 16054]]

standard attainment plans, there is no need for a requirement to put

such determinations in the CFR. EPA will provide notice of any such

extension.

40 CFR 52.16 Submission to Administrator: Section 52.16 provides

that communications and submissions to the Administrator pursuant to

part 52 shall be addressed to the appropriate regional office of the

EPA. It supplies addresses for each regional office, and directs that

submissions be addressed to the attention of the Director, Enforcement

Division.

This section provides incorrect addresses, and accordingly is being

revised.

40 CFR 52.19 Revision of Plans by Administrator: Section 52.19

provides that, after notice and opportunity for hearing in each

affected State, the Administrator may revise any provision of an

applicable plan if the provision was promulgated by the Administrator

and the revised plan will be consistent with the Clean Air Act and the

requirements of Part 51 of the CFR.

This section is superfluous, since it is redundant of the statute

section 307(d)(5), and also more restrictive than the statute, which

does not require a hearing in each affected state.

With respect to Sec. 52.19(b), section 110(l) of the Clean Air Act

applies to revisions to FIPs as well as SIPs, and provides a standard

for the acceptability of a plan revision different from that set forth

in Sec. 52.19(b). Section 110(l) provides that plan revisions may not

``interfere with any applicable requirement concerning attainment and

reasonable further progress * * * or any other applicable requirement

of this Act.'' Accordingly, Sec. 52.19 is being deleted.

2. State Specific Rules

The following regulations include rules applicable on a state-

specific basis. EPA has reviewed these rules and found that they should

be deleted (or, where indicated, modified) for the reasons set forth

below.

Part 52

Region 3 (Delaware, Washington, DC, Maryland, Pennsylvania, Virginia,

West Virginia)

Maryland

40 CFR 52.1073(b), (c) Approval Status: Sections 52.1073(b) and

(c) state exceptions to EPA's approval of Maryland's implementation

plan for attaining and maintaining national air quality standards

regarding an outdated O3CO control strategy. EPA has approved and

incorporated by reference Maryland's new control strategy regulations

at Secs. 52.1070(c)(110)-(c)(112), 60 FR 2067 (Jan. 6, 1995);

Sec. 52.1070(c)(72), 49 FR 35500 (Sept. 10, 1984);

Sec. 52.1070(c)(102), 59 FR 60908 (Nov. 29, 1994); and

Secs. 52.1070(c)(103) and (c)(104), 59 FR 46180 (Sept. 7, 1994). The

requirements of Secs. 52.1073(b) and (c) cross-reference obsolete

regulations. They are therefore legally obsolete, and accordingly are

being deleted.

40 CFR 52.1082 Rules and regulations: Section 52.1082 cross-

references Sec. Sec. 52.1073 (b) and (c), both obsolete regulations.

EPA has approved and incorporated by reference Maryland's new control

strategy regulations at Sec. Sec. 52.1070(c)(110)-(c)(112), 60 FR 2067

(Jan. 6, 1995); Sec. 52.1070(c)(72), 49 FR 35500 (Sept. 10, 1984);

Sec. 52.1070(c)(102), 59 FR 60908 (Nov. 29, 1994); and Secs.

52.1070(c)(103) and (c)(104), 59 FR 46180 (Sept. 7, 1994). Section

52.1082 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.1086, 40 CFR 52.1101 Gasoline transfer vapor control:

Sections 52.1086 and 52.1101 describe control strategy requirements for

gasoline transfer vapor. The 1990 CAAA provisions supersede those

requirements. EPA has approved and incorporated by reference revised

Maryland regulations. See Sec. Sec. 52.1070(c)(110)-(c)(112), 60 FR

2067 (Jan. 6, 1995). Sections 52.1086 and 52.1101 are therefore legally

obsolete, and accordingly are being deleted.

40 CFR 52.1087, 40 CFR 52.1102 Control of evaporative emissions

from the filling of vehicular tanks: Sections 52.1087 and 52.1102

describe the EPA promulgated control strategy for evaporative emissions

from the filling of vehicular tanks. The provisions of Section

182(b)(3)(A) of the CAA, as amended in 1990, supersede their

requirements. EPA has approved and incorporated by reference revised

Maryland regulations. See Sec. 52.1070(c)(107), 59 FR 29730 (June 9,

1994). Sections 52.1087 and 52.1102 are therefore legally obsolete, and

accordingly are being deleted.

40 CFR 52.1088, 40 CFR 52.1107 Control of dry cleaning solvent

evaporation: Sections 52.1088 and 52.1107 describe the EPA promulgated

control strategy for dry cleaning solvent evaporation. The provisions

of sections 182(b)(2)and 182(b)(2)(A) in the CAA, as amended in 1990,

supersede their requirements. EPA has approved and incorporated by

reference revised Maryland regulations. See Sec. Sec. 52.1070(c)(72),

49 FR 35500 (Sept. 10, 1994); Sec. 52.1070(c)(102), 59 FR 60908 (Nov.

29, 1994); and Secs. 52.1070(c)(103) and (c)(104), 59 FR 46180 (Sept.

7, 1994). Sections 52.1088 and 52.1107 are therefore legally obsolete,

and accordingly are being deleted.

Pennsylvania

40 CFR 52.2023 (b)-(d), (f), (g) Approval status: Sections

52.2023(f) and (g) state exceptions to EPA's approval of Pennsylvania's

implementation plan for attaining and maintaining national air quality

standards. EPA has subsequently approved all official SIP submittals by

Pennsylvania DER to correct the listed deficiencies. See

Secs. 52.2020(c)(41), 47 FR 8358 (Feb. 26, 1982); (c)(48), 48 FR 2319

(Jan 19, 1983); and (c)(49), 48 FR 2768 (Jan. 21, 1983). Sections (b)-

(d) reflect EPA requirements prior to the 1977 CAA amendments. Pursuant

to the 1977 CAA amendments, EPA approved and incorporated by reference

revised Pennsylvania regulations at Sec. Sec. 52.2420(c)(63), 50 FR

7772 (Feb. 26, 1985). All part 52 regulations cross-referenced in these

sections have been determined to be obsolete. Sections 52.2036,

52.2040, 52.2044 through 52.2048, and 52.2052 had previously been

removed. (45 FR 33607 (May 20, 1980). Sections 52.2030, 52.2031,

52.2038, 52.2040, 52.2041, 52.2043, 52.2049 through 52.2051, and

52.2053 are being removed elsewhere in this action. These sections are

therefore legally obsolete, and accordingly are being deleted.

40 CFR 52.2030 (b) Source surveillance: Section 52.2030(b)

disapproves Pennsylvania's source surveillance portion of the

implementation plan. Pennsylvania has submitted and EPA has approved a

continuous emission monitoring program as well as additional measures

which require periodic source testing. See Secs. 52.2020(c)(48), 48 FR

2319 (Jan. 19, 1983); (c)(74), 57 FR 43905 (Sept. 23, 1992); and

(c)(81), 58 FR 34911 (June 30, 1993). Section 52.2030(b) is therefore

legally obsolete, and accordingly is being deleted.

40 CFR 52.2031 Resources: Section 52.2031 states that the

Pennsylvania implementation plan failed to meet the requirements of

Sec. 51.280 by showing a lack of manpower resources and funds necessary

to carry out the plan five years after its submission. Since 1973,

Pennsylvania has submitted over 90 SIP revisions which EPA has approved

and incorporated by reference in Sec. 52.2020(c). EPA's approval

actions include comprehensive submittals made pursuant to the 1977 and

1990 CAA amendments, portions of which are referenced elsewhere in

today's actions. Those approved submittals evidence

[[Page 16055]]

that the state has adequate resources to implement its plans. Section

52.2031 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.2034 Attainment dates for national standards: Section

52.2034 states dates by which national ambient air quality standards

are to be attained for Pennsylvania. All of the attainment dates in the

regulation have been superseded by dates in the 1990 CAAA provisions

except with regard to the attainment and maintenance of the secondary

sulfur dioxide standards. Pennsylvania has not submitted a secondary

SO2 plan, as of December 31, 1979, for Nothumberland County,

Snyder County and Allegheny County. All of the attainment dates, except

the date for attainment of the secondary SO2 standard in those

counties, are therefore deleted.

40 CFR 52.2038 Inspection and maintenance: Section 52.2038

reflects inspection and maintenance requirements predating the 1977

CAAA. Pennsylvania has an EPA- approved I/M program reflecting the 1977

CAAA provisions. See Sec. 52.2020(c)(66), 52 FR 11259 (April 8, 1987).

Section 52.2038 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.2039 Air bleed to intake manifold retrofit: Section

52.2039 describes emission control requirements that apply to pre-1968

model year vehicles. Current EPA provisions no longer require these

vehicles to be tested under a State's I/M program. See

Sec. Sec. 51.351(a)(4) and 51.352(a)(4), 57 FR 52950 (Nov. 5, 1992).

Section 52.2039 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.2041, 52.2043, 52.2049, 52.2050, 52.2051 Transportation

control measures FIP: These regulations are made obsolete by 40 CFR

52.2020. The following miscellaneous provisions for Pennsylvania arise

from a FIP, and have been superseded by approved SIP control

strategies. See Sec. 52.2020(c)(63), 50 FR 7772 (Feb. 26, 1985):

Sec.

52.2041 Study and establishment of bikeways

52.2043 Computer carpool matching system

52.2049 Specific express busways in Allegheny County

52.2050 Exclusive bus lanes for Pittsburgh suburbs and outlying

areas

52.2051 Regulation for the limitation of public parking

These sections are therefore legally obsolete, and accordingly are

being deleted.

40 CFR 52.2042 Gasoline transfer vapor control: Section 52.2042

describes the control strategy requirements for gasoline transfer

vapor. The 1977 and 1990 CAAA provisions supersede these requirements.

EPA has approved and incorporated by reference revised Pennsylvania

regulations. See Secs. 52.2020(c)(23), 45 FR 33607 (May 20, 1980) and

(c)(79), 58 FR 28362 (May 13, 1993). Section 52.2042 is therefore

legally obsolete, and accordingly is being deleted.

40 CFR 52.2053 Monitoring transportation mode trends: Section

52.2053 should have been deleted as part of EPA's approval action at

Sec. 52.2020(c)(22) et seq., 45 FR 33607 (May 20, 1980). Section

52.2053 is therefore legally obsolete, and accordingly is being

deleted.

Virginia

40 CFR 52.2423(b), (c) Approval status: Sections 52.2423 (b) and

(c) state exceptions to EPA's approval of Virginia's implementation

plan for attaining and maintaining national air quality standards

regarding an outdated O3/CO control strategy. Its requirements

cross-reference other obsolete regulations. The 1977 and 1990 CAAA

provisions supersede these requirements. EPA has approved and

incorporated by reference revised Virginia regulations. See

Secs. 52.2420(c)(47), 46 FR 57282 (Nov. 23, 1981); (c)(55), 47 FR 2769

(Jan. 19, 1982); (c)(73), 48 FR 7579 (Feb. 23, 1983); (c)(74), (c)(78)

and (c)(79), 49 FR 3083 (Jan. 25, 1984). Section 52.2423 (b) and (c)

are therefore legally obsolete, and accordingly are being deleted.

40 CFR 52.2430 Legal authority: Section 52.2430 states that

Virginia failed to satisfy Sec. 51.231(a), identification of legal

authority. EPA has approved and incorporated by reference revised

Virginia regulations correcting those deficiencies. See

Secs. 52.2420(c)(47), 46 FR 57282 (Nov. 23, 1981); (c)(73), 48 FR 7579

(Feb. 23, 1983); (c)(74), (c)(78) and (c)(79), 49 FR 3083 (Jan. 25,

1984). Section 52.2430 is therefore legally obsolete, and accordingly

is being deleted.

40 CFR 52.2431 Control strategy: carbon monoxide and ozone:

Section 52.2431(a)-(c) states disapproval of Virginia's implementation

plan regarding the control strategy for carbon monoxide and ozone.

These provisions reflect EPA requirements prior to the 1977 CAA

amendments. Pursuant to the 1977 CAAA, EPA has approved and

incorporated by reference revised Virginia regulations. See

Secs. 52.2420(c)(55), 47 FR 2769 (Jan. 19, 1982); (c)(74) and (c)(78),

49 FR 3083 (Jan. 25, 1984). Section 52.2431(d) cross-references 40 CFR

52.2438, gasoline transfer vapor control, an obsolete regulation.

Pursuant to the 1990 CAA amendments, EPA has approved and incorporated

by reference revised Virginia regulations at Sec. 52.2420(c)(99) 59 FR

15117 (Mar. 31, 1994). Section 52.2431 is therefore legally obsolete,

and accordingly is being deleted.

40 CFR 52.2435 Compliance schedules: Section 52.2435 describes the

compliance schedule for the Eisenhower Avenue Incinerator in

Alexandria, Virginia. According to the Virginia Department of

Environmental Quality, this facility was physically dismantled in 1988.

Since the facility no longer exists and any reopening would be subject

to new requirements under NSR or PSD, this regulation is obsolete.

Accordingly, Sec. 52.2435 is being deleted.

40 CFR 52.2436(a) Rules and regulations: Section 52.2436(a) refers

to an outdated O3 control strategy. Its requirements cross

reference Secs. 52.2438, 52.2439 and 52.2440, all legally obsolete.

Section 52.2436(a) is therefore legally obsolete, and accordingly is

being deleted.

40 CFR 52.2438 Gasoline transfer vapor control: Section 52.2438

describes the control strategy requirements for gasoline transfer

vapor. The 1977 and 1990 CAAA provisions supersede these requirements.

EPA has approved and incorporated by reference revised Virginia

regulations meeting the new requirements. See Secs. 52.2420(c)(55), 47

FR 2769 (Jan. 19, 1982); and (c)(99), 59 FR 15117 (Mar. 31, 1994).

Section 52.2438 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.2440 Control of dry cleaning solvent evaporation:

Section 52.2440 describes the control strategy requirements for dry

cleaning solvent evaporation. The provisions of Secs. 182(b)(2) and

182(b)(2)(A) in the 1990 CAAA supersede their requirements. EPA has

approved and incorporated by reference revised Virginia regulations

meeting those statutory requirements. See Sec. 52.2420(c)(99), 59 FR

15117 (Mar. 31, 1994). Section 52.2440 is therefore legally obsolete,

and accordingly is being deleted.

West Virginia

40 CFR 52.2523 Attainment dates for national standards: Section

52.2523 states dates by which national ambient air quality standards

are to be attained for West Virginia. The attainment dates in the

regulation have been superseded by new dates in the 1990 CAAA

provisions, except with regard to attainment and maintenance of the

secondary sulfur dioxide standards. The superseded attainment dates are

being deleted, since they are legally inoperative.

[[Page 16056]]

Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)

Illinois

40 CFR 52.727 Attainment dates for national standards: Section

52.727 states dates by which national ambient air quality standards are

to be attained for Illinois. All of the attainment dates in the

regulation have been superseded by new dates in 1990 CAAA provisions,

with the exception of the secondary sulfur dioxide attainment dates.

Illinois' remaining SO2 secondary nonattainment area, Hollis

township in Peoria County, was redesignated as attaining the SO2

standard on April 4, 1995 (60 FR 10734) at which time EPA also approved

a maintenance plan. The EPA conditionally approved the State's SO2

nonattainment area plan on February 21, 1980 (45 FR 11472) and codified

its satisfaction of the final conditional approval element on September

2, 1992 (57 FR 40126). This regulation is therefore obsolete, and

accordingly is being deleted.

40 CFR 52.729 Control strategy: Carbon monoxide: Illinois contains

no carbon monoxide (CO) nonattainment areas. This was most recently

confirmed by the November 15, 1995 reexamination of the CO attainment

status mandated by the Clean Air Act Amendments of 1990. EPA did

conditionally approve the State's CO nonattainment area plans for the

Chicago and Peoria areas on September 22, 1980 (45 FR 62804). The

satisfaction of these conditional approvals is codified at 40 CFR

52.720(c) (25), (33) and (34). Section 52.729 is therefore legally

obsolete, and accordingly is being deleted.

40 CFR 52.731 Inspection and maintenance of vehicles: Section

52.731 contains a federally promulgated I/M program which has been

superseded by a State program which was incorporated in the SIP at 40

CFR 52.720(c)(79). Section 52.731 is therefore legally obsolete, and

accordingly is being deleted.

40 CFR 52.732 Traffic flow improvements: Section 52.732 has been

satisfied by transportation control plans codified as received and

approved at Sec. 52.720(c) (25), (33), and (34). This section is

therefore legally obsolete, and accordingly is being deleted.

40 CFR 52.733 Restriction of on-street parking: This section

contains a federally promulgated regulation which has been replaced by

State developed and adopted transportation control plans which were

codified and approved at Secs. 52.720(c) (25), (33), and (34). This

regulation is therefore obsolete, and accordingly is being deleted.

40 CFR 52.734 Monitoring transportation mode trends: This section

contains a federally promulgated regulation which has been replaced by

State developed and adopted transportation control plans which were

codified and approved at Secs. 52.720(c) (25), (33) and (34). This

regulation is therefore obsolete, and accordingly is being deleted.

Minnesota

40 CFR 52.1227 Transportation and land use controls: Section

52.1227 requires Minnesota to submit information relating to its

transportation control plan by December 30, 1973. Receipt of a

transportation control plan on May 20, 1985 and April 17, 1986 is

codified at Sec. 52.1220(c)(23). Section 52.1227 is therefore legally

obsolete, and accordingly is being deleted.

Ohio

40 CFR 52.1875 Attainment dates for national standards: Section

52.1875 states dates by which national ambient air quality standards

are to be attained for Ohio. All of the attainment dates in the

regulation have been superseded by new dates in 1990 CAAA provisions,

with the exception of the secondary sulfur dioxide attainment dates.

Therefore, references to the attainment of other national standards

should be deleted from this section of the CFR.

40 CFR 52.1878 Inspection and maintenance program: Paragraphs (a)

through (g) of this section are used to codify a federally promulgated

I/M program which has been superseded by a State operated and approved

I/M section. Paragraph (h) is a conditional approval which should have

been removed during the recent full approval action. EPA's most recent

approval of Ohio's I/M program is codified at Sec. 52.1870(c)(101).

This submittal satisfied the conditional approval of the program

contained in Sec. 52.1878(h). This section is therefore obsolete, and

accordingly is being deleted.

40 CFR 52.1885(e)-(q) Control strategy: ozone: Paragraphs (e)

through (q) list numerous site-specific SIP submittals which have been

disapproved. The applicable requirements for these sources are

initially codified as Sec. 52.1870(c)(15) and other provisions contain

the subsequent modifications to the SIP as approved by EPA. Paragraphs

(e) through (q) of Sec. 52.1885 should be removed because they do not

alter the contents of the SIP. These sections are therefore legally

obsolete, and accordingly are being deleted.

Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)

Arkansas

40 CFR 52.175 Resources: Section 52.175 states that the (January

1972) Arkansas implementation plan failed to meet the requirements of

Sec. 51.280, by showing a lack of manpower resources and funds

necessary to carry out the plan in the five years after its submission

on January 1972. The State has now demonstrated that it has adequate

resources by attaining and maintaining all National Ambient Air Quality

Standards. See Sec. 81.304, 56 FR 5671 (Nov. 6, 1991). Further, the

State has carried out an adequate air pollution control program, thus

demonstrating the lack of manpower and funding has been remedied.

Section 52.175 is therefore legally obsolete, and accordingly is being

deleted.

Louisiana

40 CFR 52.972 Approval status: Section 52.972 states exceptions to

EPA's approval of Louisiana's implementation plan for attaining and

maintaining national air quality standards. The exceptions relate to

certain RACT rules that were required of the State. Louisiana adopted

RACT rules for the sources covered by CTGs and EPA has approved the

regulations. See Sec. 52.970(c)(60), 59 FR 23164 (May 5, 1994). Section

52.972 is therefore legally obsolete, and accordingly is being deleted.

40 CFR 52.978 Resources: Section 52.978 states that the (January

1972) Louisiana implementation plan failed to meet the requirements of

Sec. 51.280 by showing a lack of manpower and funds necessary to carry

out the plan (during the five years after its submission). Since

January 1972, Louisiana has submitted over 62 SIP revisions which EPA

has approved and incorporated-by-reference in Sec. 52.970(c). EPA's

approval actions include comprehensive submittals made pursuant to the

1977 and 1990 CAA Amendments, portions of which are referenced

elsewhere in today's actions. Section 52.978 is therefore legally

obsolete, and accordingly is being deleted.

40 CFR 52.988 Rules and regulations: Section 52.988 (a) states

that the requirements of Sec. 51.281 are not met since the definitions

of ``particulate matter'' and ``suspended particulate matter'', as

provided in LAC:33:III:111 (formerly Secs. 4.47 and 4.72,

respectively), could make applicable emission limitations of the

Louisiana Department of Environmental Quality (LDEQ) unenforceable in

some circumstances. Therefore,

[[Page 16057]]

LAC:33:III:111 ``particulate matter'' and ``suspended particulate

matter'' were disapproved. Sections 52.988 (b) and (c) respectively

prescribe definitions of particulate matter applicable to the following

chapters in LAC:33:III: 1) Chapters 13 and 56 (formerly Regulation 9.0

and 27.0 respectively); and 2) Chapter 13 (formerly Regulations 19.0,

20.0, 21.0) and Chapter 23, Subchapters A and B (formerly Regulations

23.0 and 28.0 respectively). The State of Louisiana has since adopted

definitions to cover these areas and EPA has approved them, making

Sec. 52.988 obsolete. See Sec. 52.970(c)(50); 54 FR 25451 (June 15,

1989). Specifically, LDEQ revised its definition of particulate matter

and total suspended particulate and added definitions for particulate

matter emissions, PM10, and PM10 emissions. These definitions

are essentially identical to the Federal definitions. LDEQ also deleted

its definition for suspended particulate matter, which EPA had

disapproved in a March 28, 1979 rulemaking notice. EPA approved all

these changes in the June 15, 1989 rulemaking action. Section

Sec. 52.988 is therefore legally obsolete, and accordingly is being

deleted.

New Mexico

40 CFR 52.1625 Control strategy: particulate matter: Section

52.1625 states that the New Mexico plan for total suspended

particulates (TSP) for the Albuquerque nonattainment area was

conditionally approved on five conditions as indicated. EPA may no

longer require development of control strategies designed to attain the

TSP standard after the July 1, 1987 promulgation of the particulate

matter (PM10) standard and the repeal of the TSP standard. See 52

FR 24634 (July 1, 1987). Section 52.1625 is therefore legally obsolete,

and accordingly is being deleted. Also, the Albuquerque/Bernalillo

County area is currently designated as unclassifiable for the PM10

NAAQS (see Sec. 81.332, PM10 table; 58 FR 67334, Dec. 21, 1993).

Oklahoma

40 CFR 52.1922 Approval status (last sentence): Section 52.1922

states exceptions to EPA's 1979 approval of Oklahoma's implementation

plan for attaining and maintaining national air quality standards. EPA

approved Oklahoma's post-1982 SIP revision (including State adopted

rules) for attainment of the ozone NAAQS in Tulsa County, and approved

the State's request to redesignate Tulsa County from nonattainment to

attainment for the ozone NAAQS (effective immediately upon signature of

the EPA Administrator on October 31, 1990). See Sec. 52.1920(c)(39) and

Sec. 81.337--Ozone; 56 FR 3777 (Jan. 31, 1991). The last sentence of

section 52.1922 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.1932 Control strategy and regulations: ozone: On June

16, 1975, the Governor of Oklahoma submitted to EPA revisions of

Oklahoma Regulation No. 15 for control of emissions of organic

materials as adopted (effective date) December 31, 1974. See

Sec. 52.1920(c)(11). Section 52.1932 states that subsection 15.27c of

Oklahoma Revised Regulation 15 (effective date of December 31, 1974) is

disapproved. Subsection 15.27c exempts ``agricultural purposes'' from

all provisions for hydrocarbon control. The previous (1972) regulation

did not exempt such sources. See Sec. 52.1920(c)(4). In its June 16,

1975 submittal, the State did not provide EPA with justification for

relaxation of the 1972 regulation or with an analysis of the air

quality impact of exempting previously controlled sources. The EPA

could not approve relaxation of an approved SIP regulation without such

an analysis. Thus, subsection 15.27c was disapproved on March 31, 1978,

at 43 FR 13574.

Since March 1978, when this rule was published, the State has shown

sufficient justification for relaxation of the 1972 regulation (i.e.,

for approval of the subsection 15.27c exemption). Specifically, EPA

approved Oklahoma's post-1982 SIP revision (including State adopted

rules) for attainment of the ozone NAAQS in Tulsa County, and approved

the State's request to redesignate Tulsa County from nonattainment to

attainment for the ozone NAAQS (effective immediately upon signature of

the EPA Administrator on October 31, 1990). (Oklahoma Regulation 15.27c

was subsequently renumbered as State Regulation 3.7.1.(d)(3), and again

renumbered as State Regulation 310:200-37-4(c).)

Specifically, the post-1982 Oklahoma ozone nonattainment SIP

demonstrated attainment of the ozone NAAQS in Tulsa County by December

31, 1987, without taking credit for the emission reductions from

Sec. 52.1932 promulgated by EPA in March 1978. The emission reductions

from the federally promulgated measure were not included in either a)

the State's base-year (1984) emission inventory or b) the anticipated

emission reductions, from the post-1982 SIP demonstrating attainment of

the ozone standard for Tulsa County. Also the State did not take any

such credit in the modeling input parameters they used in the plan.

Consequently, EPA's rationale for disapproving Regulation 15.27c became

moot with EPA's approval of the post-1982 ozone attainment

demonstration, and this rule Sec. 52.1932 is now obsolete.

For example, the Reasonable Further Progress (RFP) curve submitted

with the post-1982 ozone SIP predicted sufficient VOC emission

reductions would be achieved with the implementation of the State

regulations and the continuation of the Federal Motor Vehicle Control

Program to attain the ozone NAAQS. The curve shows that a VOC emissions

decrease of 19.7 percent was to occur in Tulsa County between 1984 and

1986. This anticipated decrease was without taking credit for the

federally promulgated measure at Sec. 52.1932. The State demonstrated

that a 12 percent decrease of VOC emissions was required to attain the

ozone NAAQS, which was more than met with its post-1982 ozone SIP.

Thus, the federally promulgated measure at Sec. 52.1932 is obsolete

and has been superseded by SIP control strategies approved by EPA in

June and October 1990 (see Sec. 52.1920(c)(36), 55 FR 23734 (June 12,

1990) and Sec. 52.1920(c)(39), 56 FR 3777 (Jan. 31, 1991)). Section

52.1932 is therefore legally obsolete, and accordingly is being

deleted.

Texas

40 CFR 52.2273 Approval status (last sentence of first paragraph

and paragraph (a)): Section 52.2273 states exceptions to EPA's approval

of Texas' implementation plan for attaining and maintaining national

air quality standards. The disapproval of the lead SIP was superseded

by a later lead SIP approval by EPA. See Sec. 52.2770(c)(65), 53 FR

16261 (May 6, 1988). Texas has also adopted RACT rules for the sources

covered by CTGs and EPA has approved them. See Sec. 52.2270(c)(77), 57

FR 44124 (Sept. 24, 1992). The last sentence of the first paragraph and

paragraph (a) of section 52.2273 are therefore legally obsolete, and

accordingly are being deleted.

40 CFR 52.2294, 40 CFR 52.2296, 40 CFR 52.2297, 40 CFR 52.2298

Transportation control measures (TCM's) FIP: These regulations were

made obsolete by 40 CFR 52.2270. The following miscellaneous provisions

for the State of Texas, which date back to the early 1970's and arise

from a FIP, are obsolete because they have been superseded by approved

SIP control strategies (see Sec. 52.2270(c)(20), 45 FR 19244 (Mar. 25,

1980) and Sec. 52.2770(c)(24), 45 FR 52148 (Aug. 6, 1980):

[[Page 16058]]

Sec.

52.2294 Texas Incentive Program to Reduce Vehicle Emissions Through

Increased Bus and Carpool Use.

52.2296 Texas Carpool Matching and Promotion System.

52.2297 Texas Employer Mass Transit and Carpool Incentive Program.

52.2298 Texas Monitoring Transportation Mode Trends.

Specifically, the 1979 Texas ozone nonattainment SIP demonstrated

attainment of the ozone NAAQS in Bexar, Dallas and Tarrant Counties by

0December 31, 1982, and in Harris County by December 31, 1987, without

taking credit for the EPA transportation control measures (TCM's)

promulgated July 21, 1977. The emission reductions from the federally

promulgated TCM's were not included in either a) the State's base-year

(1977) emission inventories or b) the anticipated emission reductions,

from the 1979 SIP demonstrating attainment of the ozone standard for

the above four counties. Also, the State did not take any such credit

in the modeling input parameters they used in the plan. (Note: the

State used modified rollback to determine the percent of VOC emissions

reductions required.)

Thus, the four federally promulgated TCM's are obsolete and have

been superseded by SIP control strategies approved by EPA in March and

August 1980 (see Sec. 52.2270(c)(20), and Sec. 52.2270(c)(24)).

Accordingly, Sec. 52.2294, and Secs. 52.2296-52.2298 are being deleted.

40 CFR 52.2305 Lead control plan: Section 52.2305 sets a

compliance date for the owner or operator of any copper or zinc smelter

located in El Paso County, Texas, to comply with the requirements of

TACB Rule 113.53; the final compliance date is August 13, 1987. Thus

these facilities were required to have come into compliance eight years

ago and Sec. 52.2305 is now obsolete. Any remaining issues with regards

to compliance will be dealt with under the currently applicable

requirements. Accordingly, Sec. 52.2305 is being deleted.

Note: The disapproval of the lead SIP was superseded by a later

lead SIP approval by EPA. See Sec. 52.2270(c)(65); 53 FR 16261 (May

6, 1988). The State demonstrated attainment by August 1987, more

than eight years ago. In the May 6, 1988 Federal Register action,

EPA announced approval of the demonstration of attainment by August

14, 1987, of the Texas Lead SIP for El Paso County and the limited

area surrounding ASARCO. That Federal Register action approved the

entire lead SIP for El Paso.

Region 7 (Iowa, Kansas, Missouri, Nebraska)

Iowa

40 CFR 52.826 Control strategy: particulate matter: Section 52.826

states conditions under which EPA can approve Iowa nonattainment plans

for the secondary air quality standard for total suspended particulates

(TSP). EPA may no longer require development of control strategies

designed to attain the TSP standard after the July 1, 1987 promulgation

of the particulate matter (PM10) standard and the repeal of the

TSP standard. See 52 FR 24634 (July 1, 1987). Section 52.826 is

therefore legally obsolete, and accordingly is being deleted.

40 CFR 52.829 Review of new sources and modifications: Section

52.829 rescinds approval of Iowa's NSR program for nonattainment areas

(after December 31, 1980) if the State fails to submit a revised NSR

regulation by that date. The State submitted revised regulations for

NSR in nonattainment areas. EPA gave full final approval to the State's

NSR program. See 50 FR 37176 (Sept. 12, 1985) and 51 FR 25199 (July 11,

1986). Section 52.829 is therefore legally obsolete, and accordingly is

being deleted.

Kansas

40 CFR 52.873(a) (retain (b)) Approval status: Section 52.873(a)

states exceptions to EPA's approval of Kansas' implementation plan for

attaining and maintaining national air quality standards. Kansas

submitted the necessary corrections to its CAA Part D SIP. EPA gave

full and final approval to this SIP revision on January 12, 1984. See

49 FR 1491. Section 52.873(a) is therefore legally obsolete, and

accordingly is being deleted.

40 CFR 52.879 Attainment dates for national standards: Section

52.879 sets forth the dates by which national air quality standards are

to be attained. All of the dates in the regulation have been superseded

by new dates in the 1990 CAAA provisions. Section 52.879 is therefore

legally obsolete, and accordingly is being deleted.

Missouri

40 CFR 52.1324 General requirements: Section 52.1324 states

procedures whereby the Regional Administrator can obtain emissions data

in instances where Missouri has inadequate legal authority to do so.

Missouri submitted a rule which provided for the submission of

emissions data. On April 17, 1986, EPA approved the rule as a revision

to the Missouri SIP, thus correcting the plan deficiency. See 51 FR

13000. Section 52.1324 is therefore legally obsolete, and accordingly

is being deleted.

Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)

Montana

40 CFR 52.1374 Review of new source and modification: Section

52.1374 implements the provisions of Sec. 52.22(b), which included

provisions for indirect source review and for disapproving SIPs for

failing to meet indirect source review requirements contained in

Sec. 51.12 (no longer exists). In the June 29, 1995 regulatory

streamiling notice, section 52.22(b) was determined to be legally

obsolete; therefore, Sec. 52.1374 is also obsolete. Accordingly, EPA is

deleting Sec. 52.1374 from the CFR.

40 CFR 52.1375 Attainment dates for national standards: Section

52.1375 states the dates by which national ambient air quality

standards are to be attained for Montana. The dates in the regulation

have been superseded by new dates in the 1990 CAAA provisions, except

with respect to attainment and maintenance of the sulfur dioxide

secondary NAAQS. Pursuant to the 1970 amended CAA, States were to

submit plans that provided for implementation, maintenance, and

enforcement of the national ambient air quality standards within each

air quality control region in the State. Such plan was to specify the

projected dates of attainment for the primary and secondary standards.

Montana submitted its plan on March 22, 1972 with supplemental

information submitted on May 10, 1972. EPA approved, with some

exceptions, that SIP and created the format for the current table found

in Sec. 52.1375 in a May 31, 1972 Federal Register action (37 FR

10842). For areas that did not have specified attainment dates in the

SIP, EPA established attainment dates.

Pursuant to the 1977 amended CAA, States were to submit a list of

the NAAQS attainment status of all areas within the State. The

Administrator was to promulgate the State lists with any necessary

modifications. The attainment status for Montana was published on March

3, 1978 (43 FR 8962). The only two areas listed as not meeting the

secondary sulfur dioxide NAAQS were the East Helena and Anaconda areas.

The fact that EPA only designated two areas (Anaconda and East

Helena) as not meeting the secondary sulfur dioxide NAAQS in March 1978

evidences that all the other areas listed in the table in Sec. 52.1375

that show a specific attainment date for the secondary sulfur

[[Page 16059]]

dioxide NAAQS had attained the NAAQS. These old secondary sulfur

dioxide attainment dates may be deleted as obsolete for those areas

that have since attained the NAAQS.

With respect to the two areas listed in table Sec. 52.1375 that

were also listed as nonattainment areas for the secondary sulfur

dioxide NAAQS in the March 3, 1978 notice, EPA approved the SIP for the

Anaconda area on January 10, 1980 (45 FR 2034) and redesignated the

area to attainment on July 15, 1982 (47 FR 30763). Therefore, for

Anaconda, since EPA has determined that the area has attained the

NAAQS, the attainment date may be deleted as obsolete. For the East

Helena area, the secondary SIP has not yet been submitted nor has EPA

determined that the area has attained the NAAQS. Since the

Administrator has not established a new attainment date for the area

pursuant to the 1990 CAAA, the attainment date for the secondary sulfur

dioxide NAAQS for the area remains as December 31, 1982.

Therefore, the table and paragraph preceding the table should be

deleted and replaced with the following: The attainment date for the

secondary NAAQS for sulfur dioxide for East Helena is December 31,

1982.

40 CFR 52.1376 (a) and (c) Extensions: Section 52.1376 extends the

attainment date for the national standards for sulfur oxides in the

Helena Intrastate Region of Montana. The attainment date extensions are

superseded by new dates in the 1990 CAAA provisions, except with regard

to the secondary sulfur dioxide NAAQS. Sections 52.1376(a) and (c) are

therefore legally obsolete, and accordingly are being deleted. Section

52.1376(b) is renumbered (a) and is modified: On October 7, 1993 (58 FR

52237), EPA granted the request by the State for the full three years

allowed by section 172(b) of the CAA, as amended in 1990, for submittal

of the SIP for the East Helena area to attain and maintain the sulfur

dioxide secondary NAAQS. Therefore, the SIP for the area was due

November 15, 1993. The SIP was not submitted by that date.

North Dakota

40 CFR 52.1824(a), (b) Review of new source and modification:

Section 52.1824(a) and (b) implement the provisions of Sec. 52.22(b),

which included provisions for indirect source review and for

disapproving SIPs for failing to meet indirect source review

requirements contained in Sec. 51.12 (no longer exists). Section

52.22(b) has been determined to be obsolete; therefore, Sec. 52.1824(a)

and (b) is also obsolete. Accordingly, Secs. 52.1824(a) and (b) are

being deleted.

Utah

40 CFR 52.2322 Extensions: Section 52.2322 extends the attainment

date for the national standards for CO in the Wasatch Front intrastate

region of Utah. The attainment date extensions are superseded by new

dates in the 1990 CAAA provisions. The secondary sulfur dioxide NAAQS

SIP requirements were met. See 59 FR 64329 (Dec. 14, 1994). Section

52.2322 is therefore legally obsolete, and accordingly is being

deleted.

40 CFR 52.2331 Attainment dates for national standards: Section

52.2331 states dates by which national ambient air quality standards

are to be attained for Utah. The dates in the regulation have been

superseded by new dates in 1990 CAAA provisions, except relating to the

secondary NAAQS for sulfur dioxide. Section 52.2331 is being deleted

and replaced with the following statement: The attainment date for the

secondary NAAQS for sulfur dioxide for Salt Lake County and portions of

Tooele County is December 31, 1994. December 31, 1994 is the attainment

date because the PM10 SIP for Salt Lake County, approved by EPA on

July 8, 1994 (59 FR 35036), requires Kennecott to meet a certain

SO2 emission limit by December 31, 1994, by either adding a double

contact acid plant or plant operation restrictions. The SO2 SIP

indicates that at the SO2 limit mentioned in the PM10 SIP,

the area will attain the SO2 NAAQS.

Wyoming

40 CFR 52.2623 Review of new source and modification: Section

52.2623 implements the provisions of Sec. 52.22(b), which included

provisions for indirect source review and for disapproving SIPs for

failing to meet indirect source review requirements contained in

Sec. 51.12 (no longer exists). Section 52.22(b) has been determined to

be obsolete, therefore, Sec. 52.2623 is also obsolete. Accordingly,

Sec. 52.2623 is being deleted.

Region 10 (Alaska, Idaho, Oregon, Washington)

Alaska

40 CFR 52.74 Legal Authority: Section 52.74 relates to a required

indirect source review in the carbon monoxide area in Alaska. Indirect

source requirements as a condition of SIP approval were made obsolete

by CAA Sec. 110(a)(5)(A). Section 52.74 is therefore legally obsolete,

and accordingly it is being deleted.

Idaho

40 CFR 52.676 Control strategy: sulfur oxides: Section 52.676

states implementation plan requirements for control of sulfur dioxide

emissions for the Bunker Hill Company lead and zinc smelter in Idaho.

Since the Bunker Hill Company no longer exists and any reopening of the

facility would be subject to new requirements under NSR or PSD, this

regulation is obsolete. Accordingly, Sec. 52.676 is being deleted.

40 CFR 52.680 Attainment dates for national standards: Section

52.680 states all of dates by which national ambient air quality

standards are to be attained for Idaho. All of the attainment dates in

the regulation have been superseded by new dates in 1990 CAAA

provisions. This regulation is therefore obsolete, and accordingly is

being deleted.

40 CFR 52.684 Control Strategy: carbon monoxide: Section 52.684

(45 FR 70261 (Oct. 23, 1980), 40 CFR 52.670 (c)(19)) states the

implementation plan requirements for controlling carbon monoxide in

Idaho. The control strategy was put in place to assure that the

standards were met prior to December 31, 1987, and the SIP has since

been approved. See Sec. 52.670(c)(23),(24), 50 FR 23810 and 23811 (June

6, 1985); 51 FR 22808 (June 23, 1986). This regulation is therefore

obsolete, and accordingly is being deleted.

40 CFR 52.686 Inspection and maintenance program: Section 52.686

(45 FR 70261 (Oct 23, 1980), 40 CFR 52.670 (c)(19)) requires an Idaho

I/M implementation plan revision. The I/M SIP was submitted and

approved at Sec. 52.670(c)(23), 50 FR 23810 and 23811 (June 6, 1985).

Therefore, Sec. 52.686 is being deleted.

Oregon

40 CFR 52.1973 Attainment dates for national standards: Section

52.1973 states all of dates by which national ambient air quality

standards are to be attained for Oregon. All of the attainment dates in

the regulation have been superseded by new dates in 1990 CAAA

provisions. This regulation is therefore obsolete, and accordingly is

being deleted.

40 CFR 52.1981 Extensions: Section 52.1981 extends the attainment

date for the national standards for CO for certain areas in Oregon. The

attainment date extensions are superseded by the 1990 CAAA provisions.

This regulation is therefore obsolete, and accordingly is being

deleted.

Washington

40 CFR 52.2483 Resources: Section 52.2483 states that the

Washington

[[Page 16060]]

implementation plan failed to meet the requirements of Sec. 51.280

because the transportation control plan does not contain a sufficient

description of resources available to the State and local agencies to

carry out the plan during the five year period following submittal.

This section is obsolete and has been superseded by approved SIP

control strategies for all CO and ozone nonattainment areas. See 40 CFR

52.2470(22) (Seattle) and 40 CFR 52.2470(24) Spokane, 46 FR 45607

(Sept. 24, 1981) (Seattle) and 47 FR 1266 (March 22, 1982). Section

52.2483 is therefore legally obsolete, and accordingly is being

deleted.

III. Final Action

EPA determines that the above-referenced rules should be deleted or

modified at this time. This action will become effective on June 10,

1996. However, if the EPA receives adverse comments by May 13, 1996,

then the EPA will publish a notice that withdraws the portions of the

action on which EPA received the adverse comments, and will address

those comments in a separate final action.

IV. Analyses Under E.O. 12866, the Unfunded Mandates Reform Act of

1995, the Regulatory Flexibility Act, and the Paperwork Reduction

Act

Because the withdrawal of these rules from the CFR merely withdraws

obsolete, duplicative, or superfluous requirements, this action is not

a ``significant'' regulatory action within the meaning of Executive

Order 12866.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Today's

determination does not create any new requirements, but allows deletion

or modification of existing requirements which are obsolete,

duplicative, superfluous, unnecessary, or otherwise unduly burdensome.

I therefore certify that it does not have any significant impact on any

small entities affected.

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act'') signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

EPA's final action here does not impose upon the states any federal

intergovernmental mandate, as defined in section 101 of the Unfunded

Mandates Act. No additional costs to State, local, or tribal

governments, or to the private sector, result from this action, which

deletes or eases the indicated requirements. Thus, EPA has determined

that this final action does not include a mandate that may result in

estimated costs of $100 million or more to either State, local or

tribal governments in the aggregate, or to the private sector.

Finally, EPA here is merely removing or revising superfluous

requirements, their deletion from the CFR does not affect requirements

under the Paperwork Reduction Act.

Under Section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by June 10, 1996.

List of Subjects

40 CFR Part 51

Environmental protection, Administrative practice and procedure,

Air pollution control, Carbon monoxide, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 52

Air pollution control, Carbon monoxide, Environmental Protection

Agency, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: March 15, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, and under the authority of

42 U.S.C. 7401-7671q, title 40, chapter I of the Code of Federal

Regulations is amended as follows:

PART 51--[AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Sec. 51.100 [Removed]

2. Section 51.100(o) is removed.

Sec. 51.101 [Removed]

3. Section 51.101 is removed.

Sec. 51.104 [Amended]

4. In Sec. 51.104, paragraphs (a), (b) and (e) are removed, and

paragraphs (c), (d), (f), and (g) are redesignated (a), (b), (c) and

(d) respectively.

Sec. 51.110 [Amended]

5. In Sec. 51.110, paragraphs (a), (c), (e), (f), (g), (h), (i),

(j), (k), and (l) are removed, and paragraph (d) is redesignated as (a)

and paragraph (b) is removed and reserved.

Sec. 51.213 [Removed]

6. Section 51.213 is removed.

Sec. 51.241 [Amended]

7. Section 51.241 (b) through (f) are removed and reserved.

Secs. 51.243-51.248 [Removed]

8. Sections 51.243 through 51.248 are removed.

Secs. 51.250-51.252 [Removed]

9. Sections 51.250 through 51.252 are removed.

Sec. 51.325 [Removed]

10. Section 51.325 is removed.

PART 52--[AMENDED]

11. The authority citation for part 52 continues to read as

follows:

Authority: 42 U.S.C. 7401-7671q.

12. In Sec. 52.02, paragraph (d) is revised to read as follows:

Sec. 52.02 Introduction.

* * * * *

(d) All approved plans and plan revisions listed in subparts B

through DDD of this part and on file at the Office of the Federal

Register are approved for incorporation by reference by the Director of

the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part

51. Notice of amendments to the plans will be published in the Federal

Register. The plans and plan revisions are available for inspection at

the Office of the Federal Register, 800 North Capitol Street, N.W.,

suite 700, Washington, D.C. In addition the plans and plan revisions

are available at the following locations:

(1) Office of Air and Radiation, Docket and Information Center (Air

Docket), EPA, 401 M Street, S.W., Room M1500, Washington, D.C. 20460.

(2) The appropriate EPA Regional Office as listed below:

(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,

and Vermont. Environmental Protection Agency, Region 1, John F. Kennedy

Federal Building, One Congress Street, Boston, MA 02203.

(ii) New York, New Jersey, Puerto Rico, and Virgin Islands.

Environmental Protection Agency, Region 2, 290 Broadway, New York, NY

10007-1866.

[[Page 16061]]

(iii) Delaware, District of Columbia, Pennsylvania, Maryland,

Virginia, and West Virginia. Environmental Protection Agency, Region 3,

841 Chestnut Building, Philadelphia, PA 19107.

(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North

Carolina, South Carolina, and Tennessee Environmental Protection

Agency, Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365.

(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, IL 60604-3507.

(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.

Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross

Avenue, Suite 1200, Dallas TX 75202-2733.

(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental

Protection Agency, Region 7, 726 Minnesota Avenue, Kansas City, KS

66101.

(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and

Wyoming. Environmental Protection Agency, Region 8, 999 18th Street,

Suite 500, Denver, CO 80202-2466.

(ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam.

Environmental Protection Agency, Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection

Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.

* * * * *

Sec. 52.03 [Removed]

13. Section 52.03 is removed.

14. Section 52.16 is revised to read as follows:

Sec. 52.16 Submission to Administrator.

(a) All requests, reports, applications, submittals, and other

communications to the Administrator pursuant to this part shall be

submitted in duplicate and addressed to the appropriate Regional Office

of the Environmental Protection Agency.

(b) The Regional Offices are as follows:

(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,

and Vermont. EPA Region 1, John F. Kennedy Federal Building, One

Congress Street, Boston, MA 02203.

(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA

Region 2, 290 Broadway, New York, NY 10007-1866.

(3) Delaware, District of Columbia, Pennsylvania, Maryland,

Virginia, and West Virginia. EPA Region 3, 841 Chestnut Building,

Philadelphia, PA 19107.

(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North

Carolina, South Carolina, and Tennessee. EPA Region 4, 345 Courtland

Street, N.E., Atlanta, GA 30365.

(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.

(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA

Region 6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX

75202-2733.

(7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726

Minnesota Avenue, Kansas City, KS 66101.

(8) Colorado, Montana, North Dakota, South Dakota, Utah, and

Wyoming. EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202-

2466.

(9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam.

EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.

(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200

6th Avenue, Seattle, WA 98101.

Sec. 52.19 [Removed]

15. Section 52.19 is removed.

Sec. 52.74 [Removed and reserved]

16. Section 52.74 is removed and reserved.

Sec. 52.175 [Removed and reserved]

17. Section 52.175 is removed and reserved.

Sec. 52.676 [Removed and reserved]

18. Section 52.676 is removed and reserved.

Sec. 52.680 [Removed and reserved]

19. Section 52.680 is removed and reserved.

Sec. 52.684 [Removed and reserved]

20. Section 52.684 is removed and reserved.

Sec. 52.686 [Removed and reserved]

21. Section 52.686 is removed and reserved.

Sec. 52.727 [Removed and reserved]

22. Section 52.727 is removed and reserved.

Sec. 52.729 [Removed and reserved]

23. Section 52.729 is removed and reserved.

Secs. 52.731-734 [Removed and reserved]

24. Sections 52.731 through 52.734 are removed and reserved.

Sec. 52.826 [Removed and reserved]

25. Section 52.826 is removed and reserved.

Sec. 52.829 [Removed and reserved]

26. Section 52.829 is removed and reserved.

Sec. 52.873 [Removed and reserved]

27. In Sec. 52.873, paragraph (a) is removed and paragraph (b) is

redesignated as paragraph (a).

Sec. 52.879 [Removed and reserved]

28. Section 52.879 is removed and reserved.

Sec. 52.972 [Removed and reserved]

29. Section 52.972 is removed and reserved.

Sec. 52.978 [Removed and reserved]

30. Section 52.978 is removed and reserved.

Sec. 52.988 [Removed and reserved]

31. Section 52.988 is removed and reserved.

Sec. 52.1073 [Amended]

32. In Sec. 52.1073, paragraphs (b) and (c) are removed and

paragraphs (d), (e) and (f) are redesignated paragraphs (b), (c) and

(d), respectively.

Sec. 52.1082 [Removed and reserved]

33. Section 52.1082 is removed and reserved.

Secs. 52.1086-52.1088 [Removed and reserved]

34. Sections 52.1086 through 52.1088 are removed and reserved.

Sec. 52.1101 [Removed and reserved]

35. Section 52.1101 is removed and reserved.

Sec. 52.1102 [Removed and reserved]

36. Section 52.1102 is removed and reserved.

Sec. 52.1107 [Removed and reserved]

37. Section 52.1107 is removed and reserved.

Sec. 52.1127 [Removed and reserved]

38. Section 52.1227 is removed and reserved.

Sec. 52.1324 [Removed and reserved]

39. Section 52.1324 is remvoed and reserved.

Sec. 52.74 [Removed and reserved]

40. Section 52.1374 is removed and reserved.

41. Section 52.1375 is revised to read as follows:

Sec. 52.1375 Attainment dates for national standards.

The attainment date for the secondary NAAQS for sulfur dioxide for

East Helena is December 31, 1982.

42. Section 52.1376 is revised as follows:

[[Page 16062]]

Sec. 52.1376 Extensions.

On October 7, 1993, EPA granted the request by the State for the

full three years allowed by section 172(b) of the CAA, as amended in

1990, for submittal of the SIP for the East Helena area to attain and

maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the

area was due November 15, 1993. The SIP was not submitted by that date.

Sec. 52.1625 [Removed and reserved]

43. Section 52.1625 is removed and reserved.

Sec. 52.1824 [Amended]

44. In Sec. 52.1824, paragraphs (a) and (b) are removed and

reserved.

45. Section 52.1875 is revised as follows:

Sec. 52.1875 Attainment dates for achieving the sulfur dioxide

secondary standard.

The attainment date for achieving the sulfur dioxide (SO2)

secondary national ambient air quality standard (NAAQS) is August 27,

1979 except as follows. The following sources are required to achieve

the secondary SO2 NAAQS by June 17, 1980: Youngstown Sheet & Tube

Co.; PPG Industries, Inc.; Wheeling-Pittsburgh Steel Corp.; Pittsburgh-

Canfield Corporation; The Timken Company; The Sun Oil Co.; Sheller-

Globe Corp.; The B.F. Goodrich Company; Phillips Petroleum Co.; Shell

Oil Co.; Federal Paper Board Co.; The Firestone Tire & Rubber Co.;

Republic Steel Corp.; Chase Bag Co.; White-Westinghouse Corp.; U.S.

Steel Corp.; Interlake, Inc.; Austin Power Co.; Diamond Crystal Salt

Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil Co.; The Standard Oil

Co.; Champion International Corp.; Koppers Co., Inc.; General Motors

Corp.; E.I. duPont de Nemours and Co.; Coulton Chemical Corp.; Allied

Chemical Corp.; Specialty Chemical Division; The Hoover Co.; Aluminum

Co. of America; Ohio Greenhouse Asso.; Armco Steel Corp.; Buckeye

Power, Inc.; Cincinnati Gas and Electric; Cleveland Electric

Illuminating Co.; Columbus and Southern Ohio Electric; Dayton Power and

Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric Co.;

Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA Rubber

Co. The Ashland Oil Company is subject to a secondary SO2 NAAQS

attainment date of September 14, 1982. The following sources located in

Summit County are required to achieve the secondary SO2 NAAQS by

January 4, 1983: Diamond Crystal Salt; Firestone Tire & Rubber Co.;

General Tire & Rubber Co.; General Tire & Rubber; B.F. Goodrich Co.;

Goodyear Aerospace Corp.; Goodyear Tire & Rubber Co.; Chrysler Corp.;

PPG Industries Inc.; Seiberling Tire & Rubber; Terex Division of

General Motors Corp.; Midwest Rubber Reclaiming; Kittinger Supply Co.

The boiler of PPG Industries, Inc. located in Summit County must

achieve attainment of the secondary SO2 NAAQS by August 25, 1983.

The Portsmouth Gaseous Diffusion Plant in Pike County is required to

attain the secondary SO2 NAAQS by November 5, 1984. The Ohio Power

Company Galvin Plant located in Gallia County is required to attain the

secondary SO2 NAAQS by August 25, 1985.

Sec. 52.1878 [Removed and reserved]

46. Section 52.1878 is removed and reserved.

Sec. 52.1885 [Amended]

47. In Sec. 52.1885, paragraphs (e) through (q) are removed.

Sec. 52.1992 [Amended]

48. Section 52.1922 is amended by removing the last sentence of the

paragraph.

Sec. 52.1932 [Removed and reserved]

49. Section 52.1932 is removed and reserved.

Sec. 52.1973 [Removed and reserved]

50. Section 52.1973 is removed and reserved.

Sec. 52.1981 [Removed and reserved]

51. Section 52.1981 is removed and reserved.

Sec. 52.2023 [Amended]

52. In Sec. 52.2023 paragraphs (b) through (d), (f) and (g) are

removed and paragraph (e) is redesignated paragraph (b) and paragraphs

(h) and (i) are redesignated (c) and (d), respectively.

Sec. 52.2030 [Removed and reserved]

53. Section 52.2030(b) is removed and reserved.

Sec. 52.2031 [Removed and reserved]

54. Section 52.2031 is removed and reserved.

55. Section 52.2034 is revised to read as follows:

Sec. 52.2034 Attainment dates for national standards.

With regard to Northumberland County, Snyder County, and Allegheny

County, Pennsylvania has not submitted a plan, as of December 31, 1979,

providing for the attainment and maintenance of the secondary sulfur

dioxide (SO2) standards.

Sec. 52.2038 [Removed and reserved]

56. Section 52.2038 is removed and reserved.

Sec. 52.2039 [Removed and reserved]

57. Section 52.2039 is removed and reserved.

Sec. 52.2041 [Removed and reserved]

58. Section 52.2041 is removed and reserved.

Sec. 52.2042 [Removed and reserved]

59. Section 52.2042 is removed and reserved.

Sec. 52.2043 [Removed and reserved]

60. Section 52.2043 is removed and reserved.

Sec. 52.2049 [Removed and reserved]

61. Section 52.2049 is removed and reserved.

Sec. 52.2050 [Removed and reserved]

62. Section 52.2050 is removed and reserved.

Sec. 52.2051 [Removed and reserved]

63. Section 52.2051 is removed and reserved.

Sec. 52.2053 [Removed and reserved]

64. Section 52.2053 is removed and reserved.

Sec. 52.2273 [Amended]

65. Section 52.2273 is amended by removing the last sentence of the

first paragraph and all of paragraph (a).

Sec. 52.2294 [Removed and reserved]

66. Section 52.2294 is removed and reserved.

Secs. 52.2296-52.2298 [Removed and reserved]

67. Sections 52.2296 through 52.98 are removed and reserved.

Sec. 52.2305 [Removed and reserved]

68. Section 52.2305 is removed and reserved.

Sec. 52.2322 [Removed and reserved]

69. Section 52.2322 is removed and reserved.

70. Section 52.2331 is revised as follows:

Sec. 52.2331 Attainment dates for national standards.

The attainment date for the secondary NAAQS for sulfur dioxide for

Salt Lake County and portions of Tooele County is December 31, 1994.

Sec. 52.2423 [Removed and reserved]

71. Section 52.2423(b) and (c) are removed and reserved.

Sec. 52.2430 [Removed and reserved]

72. Section 52.2430 is removed and reserved.

[[Page 16063]]

Sec. 52.2431 [Removed and reserved]

73. Section 52.2431 is removed and reserved.

Sec. 52.2435 [Removed and reserved]

74. Section 52.2435 is removed and reserved.

Sec. 52.2436 [Amended]

75. In Sec. 52.2436, paragraph (a) is removed and reserved.

Sec. 52.2438 [Removed and reserved]

76. Section 52.2438 is removed and reserved.

Sec. 52.2440 [Removed and reserved]

77. Section 52.2440 is removed and reserved.

Sec. 52.2483 [Removed and reserved]

78. Section 52.2483 is removed and reserved.

79. Section 52.2523 is revised to read as follows:

Sec. 52.2523 Attainment dates for national standards.

The New Manchester and Grant Magisterial Districts in Hancock

County are expected to attain and maintain the secondary sulfur dioxide

(SO2) standards as soon as the Sammis Power Plant meets the

SO2 limitations in the Ohio State Implementation Plan.

Sec. 52.2623 [Removed and reserved]

80. Section 52.2623 is removed and reserved.

[FR Doc. 96-8744 Filed 4-10-96; 8:45 am]

BILLING CODE 6560-50-P