[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33915-33926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15029]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, 60, 65, 85, 86
[FRL-5224-5]
Control of Air Pollution; Removal of Legally Obsolete Rules
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is today removing
from the Code of Federal Regulations (CFR) more than 200 rules
pertaining to air pollution which are no longer legally in effect.
Deleting these rules from the CFR will clarify the legal status of
these rules for both the regulated community and the public.
EFFECTIVE DATE: This final rule takes effect on June 29, 1995.
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 and, by June 1, 1995, to identify those rules that are
obsolete or unduly burdensome. EPA has conducted a review of all of its
rules, including rules issued under the Clean Air Act (CAA), as amended
(42 U.S.C. 7401 et seq.). Based on this review, EPA is today
eliminating the following obsolete CAA rules from the CFR. These rules
are no longer legally in effect because (1) they implement statutory
provisions which have been repealed, (2) they have expired by their own
terms or by the terms of the statute or (3) they have been vacated
(i.e., declared void and of no effect) by a court.
The removal of these rules from the CFR because they are no longer
legally in effect is not intended to affect the status of any civil or
criminal actions that were initiated prior to June 29, 1995 or which
may be initiated in the future to redress violations of the rules that
occurred when the rules were still legally in effect.
II. Obsolete Rules
A. Portions of Parts 51 and 52
The following deletions have been divided into three basic types of
regulations found in 40 CFR parts 51 and 52: (1) Rules applicable on a
national basis, without state-specific counterparts; (2) rules
applicable on a national basis, supplemented by state-specific rules
that implement them; and (3) rules applicable to a specific state,
without national counterparts. This notice looks at each of these types
in turn, setting forth the reasons that EPA seeks today to remove them
from the CFR.
Any deletion of provisions that state plans 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.
1. National Rules Without State-Specific Counterparts
The following sets of regulations apply on a national basis, and
are not further applied or implemented by any state-specific
regulations. EPA has reviewed these rules and found them legally
obsolete or superseded for the reasons set forth below. EPA in this
notice therefore is removing them from the CFR.
40 CFR 51.105 Approval of plans: first sentence only. The first
sentence of Sec. 51.105 provides that the Administrator will approve
any state implementation plan (SIP) or portion thereof if she
determines that it meets the requirements of the Act. This provision
has been superseded by the 1990 CAA provisions under Sections 110 (k)
and (l). Accordingly, EPA is removing the first sentence of this
section from the CFR.
40 CFR 51.111(a)-(c) Description of control measures. Section
51.111(a)-(c) describes what a control strategy must include, including
a description of control measures, schedule for implementation, and
copies of laws and a description of administrative procedures used to
implement each control measure. These provisions have been superseded
by the substantive provisions of Part D of Title I of the CAA, Sections
171 et seq., in conjunction with the completeness criteria in 40 CFR
part 51, Appendix V. Accordingly, EPA is removing paragraphs (a), (b),
and (c) of Sec. 51.111 from the CFR.
40 CFR 51.113 Time period for demonstration of adequacy. Section
51.113 provides the time periods for a demonstration of the adequacy of
a control strategy to attain the primary national ambient air quality
standard. This provision has been superseded by the 1977 and the 1990
amendments to the CAA, Sections 110, 172, 177, 181 and 182. These
Sections include the details of how nonattainment areas are
established, what strategies should be included in plans to show
attainment in these areas, and when the plans must be submitted.
Accordingly, EPA is removing Sec. 51.113 from the CFR.
40 CFR 51.213(b) Transportation control measures, emission data
maintenance. Section 51.213(b) provides that for measures involving
inspection, maintenance, or retrofit, data must include the results of
an emission surveillance program designed to determine actual average
per vehicle emissions reductions attributable to an I/M or retrofit
measure. This regulation has been superseded by the I/M rules issued
under the 1990 amendments to the CAA, Section 182(a)(2)(B)(2), and EPA
regulations at Sec. 51.350 et seq.
40 CFR 51.241(a) Nonattainment areas for carbon monoxide (CO) and
ozone: last two sentences only. The last two sentences in
Sec. 51.241(a) provide that, in determining the organization
responsible for developing a revised SIP for nonattainment areas for
ozone and CO, the procedures described in the Section 174 Guidelines
issued in December, 1977, and published as appendix U to part 51, shall
be consulted. These sentences have been superseded by the 1990 CAA
amendments to Section 174, and by new Section 174 guidance, including
Transportation & Air Quality Planning Guidelines, July 1992.
Accordingly, EPA is removing the last two sentences of Sec. 51.241(a)
from the CFR.
40 CFR Part 51 Appendix U CAA Section 174 Guidelines, Guidance on
designation of lead planning organizations. 40 CFR part 51, appendix U,
contains Guidance on the Designation of Lead Planning
[[Page 33916]]
Organizations for Nonattainment Areas, and on Determination of
Interagency Responsibilities, and is referenced in Sec. 51.241(a)
above. It was jointly issued by EPA and the U.S. Department of
Transportation in 1977. This guidance has been superseded by the 1990
amendments to CAA Section 174, and by new guidance issued by EPA, as
described above.
40 CFR 52.25 Date for submission of set II CTG regulations. This
section sets a January, 1981 date for adoption and submittal of
reasonably available control technology (RACT) requirements for sources
covered by control technique guidelines (CTGs) issued between January
1978 and January 1979 (Set II CTGs). This regulation is rendered
obsolete by Sections 182(a)(2)(A) and 182(b)(2) of the CAA, which
establish dates for submitting new RACT measures. Accordingly, EPA is
removing Sec. 52.25 from the CFR.
2. National Rules With State-Specific Counterparts
The following set of regulations includes national rules which are
further implemented or applied by state-specific regulations. The
regulations relate to (a) maintenance of national standards, (b)
extensions and attainment dates, and (c) indirect source review. EPA
has reviewed these rules and found them legally obsolete or superseded
for the reasons set forth below. In this notice EPA therefore is
deleting these regulations from the CFR.
For each set of regulations, EPA has set forth first the national
rules, followed by the corresponding state-specific rules which
implement them.
(a) Maintenance of National Standards
(i) National Rules.
40 CFR Part 51, Subpart D: Maintenance of National Standards:
Secs. 51.40-51.63
(Includes the following rules:)
Sec. 51.40 Scope
Sec. 51.41 Air Quality Maintenance Area (AQMA) analysis: Submittal
date
Sec. 51.42 AQMA analysis: Analysis period
Sec. 51.43 AQMA analysis: Guidelines
Sec. 51.44 AQMA analysis: Projection of emissions
Sec. 51.45 AQMA analysis: Allocation of emissions
Sec. 51.46 AQMA analysis: Projection of air quality concentrations
Sec. 51.47 AQMA analysis: Description of data sources
Sec. 51.48 AQMA analysis: Data bases
Sec. 51.49 AQMA analysis: Techniques description
Sec. 51.50 AQMA analysis: Accuracy factors
Sec. 51.51 AQMA analysis: Submittal of calculations
Sec. 51.52 AQMA plan: General
Sec. 51.53 AQMA plan: Demonstration of adequacy
Sec. 51.54 AQMA plan: Strategies
Sec. 51.55 AQMA plan: Legal authority
Sec. 51.56 AQMA plan: Future strategies
Sec. 51.57 AQMA plan: Future legal authority
Sec. 51.58 AQMA plan: Intergovernmental cooperation
Sec. 51.59 [Reserved]
Sec. 51.60 AQMA plan: Resources
Sec. 51.61 AQMA plan: Submittal format
Sec. 51.62 AQMA analysis and plan: Data availability
Sec. 51.63 AQMA analysis and plan: Alternative procedures
Sec. 52.22(a) Maintenance of national standards
(Sec. 52.22(b) is also being deleted today as obsolete. It is
discussed separately under Section (c) below, Indirect Source Review.)
This group of rules deals with maintenance requirements which
required, among other things, the submittal of plans by May, 1978.
These provisions were superseded by the 1977 and 1990 amendments to the
CAA, which replaced the maintenance scheme embodied in the above-cited
regulations. Part D of Title I of the CAA, including Section 175A,
establishes an entirely new and different attainment and maintenance
regulatory structure, which rendered these regulations obsolete.
Accordingly, EPA is removing them from the CFR. By removing these
provisions, EPA is not affecting any obligation under Section 110(a)(l)
for an area never designated non-attainment under the 1990 CAA to have
a plan to maintain the national ambient air quality standards.
(ii) State-Specific Rules.
The following state-specific rules implement the provisions of 40
CFR 51.40-51.63 and 40 CFR 52.22(a), and are therefore obsolete.
Accordingly, EPA is removing the following state-specific rules from
the CFR. The state specific rules have been grouped by the EPA Region
responsible for administering them:
REGION 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont)
Sec. 52.379 Maintenance of national standards
Sec. 52.1028 Maintenance of national standards
Sec. 52.1528 Maintenance of national standards
Sec. 52.2082 Maintenance of national standards
Sec. 52.2379 Maintenance of national standards
REGION 2 (New Jersey, New York, Puerto Rico, Virgin Islands)
Sec. 52.1602 Maintenance of national standards
Sec. 52.1688 Maintenance of national standards
Sec. 52.2728 Maintenance of national standards
Sec. 52.2778 Maintenance of national standards
REGION 3 (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia)
Sec. 52.431 Maintenance of national standards
Sec. 52.497 Maintenance of national standards
Sec. 52.1115 Maintenance of national standards
Sec. 52.2056 Maintenance of national standards
Sec. 52.2449 Maintenance of national standards
Sec. 52.2526 Maintenance of national standards
REGION 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee)
Sec. 52.59 Maintenance of national standards
Sec. 52.529 Maintenance of national standards
Sec. 52.580 Maintenance of national standards
Sec. 52.929 Maintenance of national standards
Sec. 52.1279 Maintenance of national standards
Sec. 52.1777 Maintenance of national standards
Sec. 52.2129 Maintenance of national standards
Sec. 52.2232 Maintenance of national standards
REGION 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
Sec. 52.735 Maintenance of national standards
Sec. 52.792 Maintenance of national standards
Sec. 52.1178 Maintenance of national standards
Sec. 52.1229 Maintenance of national standards
Sec. 52.1883 Maintenance of national standards
Sec. 52.2580 Maintenance of national standards
REGION 6 (Arkansas, Oklahoma, Texas)
Sec. 52.182 Maintenance of national standards
Sec. 52.1927 Maintenance of national standards
Sec. 52.2302 Maintenance of national standards
REGION 7 (Iowa, Kansas, Missouri, Nebraska)
Sec. 52.832 Maintenance of national standards
Sec. 52.883 Maintenance of national standards
Sec. 52.1338 Maintenance of national standards
Sec. 52.1435 Maintenance of national standards
[[Page 33917]]
REGION 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Sec. 52.341 Maintenance of national standards
Sec. 52.1381 Maintenance of national standards
Sec. 52.1827 Maintenance of national standards
Sec. 52.2176 Maintenance of national standards
Sec. 52.2345 Maintenance of national standards
Sec. 52.2631 Maintenance of national standards
REGION 9 (Arizona, California, Hawaii, Nevada, American Samoa, Guam)
Sec. 52.143 Maintenance of national standards
Sec. 52.267 Maintenance of national standards
Sec. 52.631 Maintenance of national standards
Sec. 52.2674 Maintenance of national standards
Sec. 52.2826 Maintenance of national standards
REGION 10 (Alaska, Idaho, Oregon, Washington)
Sec. 52.682 Maintenance of national standards
Sec. 52.1986 Maintenance of national standards
(b) Extensions and Attainment Dates
(i) National Rule: Sec. 51.340 Request for 2-year extension.
Section 51.340 provides that the Governor of a State may request
the Administrator for a two-year extension of the three-year period for
attainment of a primary standard provided by the 1970 CAA, Section
110(e). This regulation deals with submission of plans under the 1970
Act, and is superseded by the CAA of 1990.
2. State-Specific Rules.
The following rules implement the provisions of Sec. 51.340, and
related obsolete attainment date and SIP submission deadlines.
Accordingly, EPA is deleting them from the CFR.
This group of rules relate to: the two-year attainment date
extensions from Section 110(e); extensions under old Section 172(a) for
ozone and CO; and other obsolete attainment dates. Yet others deal with
long-elapsed extension dates under Section 110(b) for submissions of
plans to meet the secondary total suspended particulate (TSP) or sulfur
dioxide (SO2) standards, as well as some of the attainment dates
for the secondary SO2 standard issued under Section 110(e). These
old SO2 secondary attainment and submission dates may be deleted
as obsolete for areas that have since attained the standard. Deletion
of these dates will have no adverse effect on any continuing obligation
to submit any plans for these standards.
REGION 1 (Connecticut, Massachusetts)
Sec. 52.372 Extensions
Sec. 52.1122 Extensions
REGION 2 (New Jersey, New York, Puerto Rico, Virgin Islands)
Sec. 52.1572 Extensions
Sec. 52.1580 Attainment dates for National Standards
Sec. 52.1672 Extensions
Sec. 52.1682 Attainment dates for National Standards
Sec. 52.2723 Attainment Dates for National Standards
Sec. 52.2776 Attainment Dates for National Standards
REGION 3 (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia)
Sec. 52.427 Extensions
Sec. 52.428 Attainment Dates for National Standards
Sec. 52.473 Extensions
Sec. 52.481 Attainment Dates for National Standards
Sec. 52.1072 Extensions
Sec. 52.1078 Attainment Dates for National Standards
Sec. 52.2422 Extensions
Sec. 52.2428 Extensions
Sec. 52.2429 Attainment Dates for National Standards
REGION 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee)
Sec. 52.52 Extensions
Sec. 52.54 Attainment Dates for National Standards
Sec. 52.523 Attainment Dates for National Standards
Sec. 52.575 Attainment Dates for National Standards
Sec. 52.577 Extensions
Sec. 52.922 Extensions
Sec. 52.1273 Attainment Dates for National Standards
Sec. 52.1773 Attainment Dates for National Standards
Sec. 52.1776 Extensions
Sec. 52.2127 Extensions
Sec. 52.2128 Attainment Dates for National Standards
REGION 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
Sec. 52.723 Extensions
Sec. 52.772 Extensions
Sec. 52.783 Attainment Dates for National Standards
Sec. 52.1177 Attainment Dates for National Standards
Sec. 52.1226 Attainment Dates for National Standards
Sec. 52.1235 Extensions
Sec. 52.1872 Extensions
Sec. 52.2582 Extensions
REGION 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Sec. 52.173 Extensions
Sec. 52.176 Attainment Dates for National Standards
Sec. 52.979 Attainment Dates for National Standards
Sec. 52.1630 Attainment Dates for National Standards
Sec. 52.1631 Extensions
Sec. 52.1925 Attainment Dates for National Standards
Sec. 52.2272 Extensions
Sec. 52.2279 Attainment Dates for National Standards
REGION 7 (Iowa, Kansas, Missouri, Nebraska)
Sec. 52.824 Extensions
Sec. 52.827 Attainment Dates for National Standards
Sec. 52.880 Extensions
Sec. 52.1331 Extensions
Sec. 52.1332 Attainment Dates for National Standards
Sec. 52.1426 Extensions
Sec. 52.1431 Attainment Dates for National Standards
REGION 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Sec. 52.322 Extensions
Sec. 52.325 Attainment Dates for National Standards
Sec. 52.1823 Attainment Dates for National Standards
Sec. 52.2174 Attainment Dates for National Standards
Sec. 52.2627 Attainment Dates for National Standards
REGION 9 (Arizona, California, Hawaii, Nevada, American Samoa, Guam)
Sec. 52.122 Extensions
Sec. 52.131 Attainment Dates for National Standards
Sec. 52.222 Extensions
Sec. 52.238 Attainment Dates for National Standards
Sec. 52.622 Extensions
Sec. 52.628 Attainment Dates for National Standards
Sec. 52.1480 Attainment Dates for National Standards
Sec. 52.1481 Extensions
Sec. 52.2673 Attainment Dates for National Standards
Sec. 52.2823 Attainment Dates for National Standards
REGION 10 (Alaska, Idaho, Oregon, Washington)
Sec. 52.81 Attainment Dates
Sec. 52.82 Extensions
Sec. 52.672 Extensions
Sec. 52.2472 Extensions
Sec. 52.2478 Attainment dates
(c) Indirect Source Review
(i) National Rules.
This group of rules deals with requirements that state plans
include a program for the preconstruction review of indirect sources of
pollution (e.g., parking garages) in order to gain approval.
40 CFR 52.22(b). Section 52.22(b) includes provisions for indirect
source review and for disapproving SIPs for
[[Page 33918]]
failing to meet indirect source review requirements contained in
Sec. 51.12, which no longer exists. Furthermore, this provision has
been suspended since shortly after its creation per Sec. 52.22(b)(16).
Finally, Section 110(a)(5)(A) of the CAA provides that the
Administrator may not require the states to include indirect source
review programs in their plans as a condition of plan approval. These
provisions establish such prohibited requirements, and thus are
obsolete. Accordingly, Sec. 52.22(b) is being removed from the CFR.
40 CFR 52.06(c) Legal authority. Section 52.06(c) deals with
requirements for establishing transportation and land use controls.
These have been superseded by the completeness criteria in Appendix V
of Part 51 under the 1990 amendments to Section 110(k). In addition,
the CAA now restricts EPA's authority to require or impose certain
transportation control measures in state plans. See Sections 110(c)(2)
and 110(a)(5) of the CAA. Accordingly, EPA is removing Sec. 52.06(c)
from the CFR.
Part 52 Appendix A: Interpretive rulings for Sec. 52.22(b) regulation
for review of new or modified indirect sources.
Appendix A includes interpretive rulings for Sec. 52.22(b), which
is being deleted today as superseded by Section 110(a)(5)(A).
Accordingly, EPA is removing Appendix A from the CFR.
(ii) Regional Rules.
The following rules implement the provisions of 40 CFR 52.22(b) and
Appendix A to part 52, and accordingly EPA is deleting them from the
CFR:
REGION 1 (Massachusetts)
Sec. 52.1124 (a), (b) Review of new sources and modifications
REGION 2 (New Jersey, Puerto Rico)
Sec. 52.1578 (a), (b) Review of new sources and modifications
Sec. 52.2724 Review of new sources and modifications
REGION 3 (Delaware, Pennsylvania)
Sec. 52.426 Review of new sources and modifications
Sec. 52.2448 Review of new sources and modifications
REGION 4 (Georgia, Mississippi, South Carolina, Tennessee)
Sec. 52.574 Review of new sources and modifications
Sec. 52.1276 Review of new sources and modifications
Sec. 52.2125 Review of new sources and modifications
Sec. 52.2228 (a), (b) Review of new sources and modifications
REGION 5 (Wisconsin)
Sec. 52.2579 Review of new sources and modifications
REGION 7 (Kansas, Missouri)
Sec. 52.878 Review of new sources and modifications
Sec. 52.1328 Review of new sources and modifications
REGION 9 (Arizona, Hawaii)
Sec. 52.129 (e), (f) Review of new sources and modifications
Sec. 52.629 Review of new sources and modifications
REGION 10 (Alaska)
Sec. 52.78 Review of new sources and modifications
3. State-Specific Regulations Without National Counterparts
The following set of rules includes rules applicable only on a
state-specific basis, unaccompanied by any counterpart national rule.
EPA has reviewed these rules and found them to be legally obsolete or
superseded for the reasons set forth below. These rules are grouped by
the EPA Regional Office responsible for administering them.
REGION 2 (New York, Puerto Rico)
40 CFR 52.1675(f) Control strategy and regulations for sulfur
oxides. This rule establishes temporary fuel variances which have
expired by their own terms many years ago and have no current effect.
Accordingly this rule may be removed from the CFR.
40 CFR 52.2730 Compliance schedules. This regulation sets forth
final compliance dates for various sources in Puerto Rico, ranging from
1973 to 1974. These dates are now more than twenty years old, and have
been rendered obsolete by the subsequently applicable emission-limiting
requirements. Accordingly, this rule may be removed from the CFR.
REGION 3 (Pennsylvania, Virginia, West Virginia)
40 CFR 52.2055(c) Review of new sources and modifications. Section
52.2055 provides that special permit requirement regulations for
Pennsylvania are approved on the condition that certain revisions are
submitted to EPA. Section 52.2055 was originally promulgated on March
19, 1981 (46 FR 17552 (July 13, 1981)). Pennsylvania submitted
revisions which addressed the deficiencies cited by EPA in
Sec. 52.2055(c). On February 26, 1982 (47 FR 8358), EPA approved these
revised sections as part of the Pennsylvania SIP, and codified the
approval at Sec. 52.2020(c)(41). At the same time, EPA modified
Sec. 52.2055(a) to reflect EPA's approval of these previously
conditionally approved or unapproved regulations. Since
Sec. 52.2020(c)(41) reflects EPA's current assessment that the 1981
amendments are fully approvable, Sec. 2055(c) is obsolete, and is being
removed from the CFR.
40 CFR 52.2424 General requirements. Section 52.2424 provides that
the requirements of Sec. 51.110 (b) and (d) are not met because the
Virginia SIP does not provide for CO and ozone attainment as
expeditiously as practicable, as evidenced by the State's failure to
propose sufficient interim control measures to be implemented during
the two-year period for which an extension to attain the national
standards was requested. This rule has been superseded by new plan
submission requirements and attainment dates in the 1990 amendments to
the CAA, and accordingly may be removed from the CFR.
40 CFR 52.2522(a) Approval status. Section 52.2522(a) approves a
consent order for a period of three years until July 6, 1985, after
which affected sources must comply with the applicable SIP. Since the
term of the approval has expired, this rule is obsolete and accordingly
may be deleted.
40 CFR 52.2522(d). Section 52.2522(d) provides, among other things,
that continued satisfaction of the requirements of Part D for the ozone
portion of the West Virginia SIP depends on the submittal of RACT
requirements by July, 1980 for sources covered by CTGs. This section
has been superseded by the RACT provisions of the 1990 CAA, as
described above. Accordingly, EPA is removing Sec. 52.2522(d) from the
CFR.
40 CFR 52.2531 Control strategy: hydrocarbons. Section 52.2531
conditionally approves the West Virginia ozone plan for Kanawha Valley
on the condition that the state adopt an adequate test method for a
certain regulation. The revised test method in state regulation XXIII
(for bulk gasoline loading terminals) referred to in this section was
submitted by West Virginia on November 6, 1980, approved by EPA on
November 20, 1981 (46 FR 57044) and codified at Sec. 52.2425(c)(16).
Thus Sec. 52.2531 is obsolete, and accordingly, EPA is removing it from
the CFR.
40 CFR 52.2532: Control strategy; particulate matter. Section
52.2532 states that West Virginia does not have approved plans for
attaining secondary TSP standards in certain areas. EPA may no longer
require development of control strategies designed to attain the
[[Page 33919]]
secondary TSP standard after the July l, 1987 promulgation of the
particulate matter (PM10) standard and the repeal of the secondary TSP
standard. See 52 FR 24634 (July 1, 1987). This regulation is therefore
obsolete, and accordingly EPA is removing it from the CFR.
REGION 5 (Ohio)
40 CFR 52.1881(b), the following portions only:
(12) Allen Co.
(13) Ashtabula Co.
(14) Athens Co.
(15) Auglaize Co.
(16) Belmont Co.
(18) Clark Co.
(20) Columbiana Co.
(22) Crawford Co.
(24) Delaware Co.
(25) Erie Co.
(26) Fairfield Co.
(29) Greene Co.
(30) Hamilton Co.
(31) Hancock Co.
(32) Henry Co.
(33) Huron Co.
(34) Jefferson Co.
(36) Lawrence Co.: delete all but (36)(v) (Allied Chemical)
(37) Licking Co.
(41) Marion Co.
(42) Medina Co.
(43) Meigs Co.
(44) Mercer Co.
(45) Miami Co.
(46) Montgomery Co.: delete all but (46)(i) (general limit)
(47) Morgan Co.
(48) Muskingum Co.
(49) Ottawa Co.
(50) Paulding Co.
(51) Pickaway Co.
(53) Richland Co.
(55) Sandusky Co.: delete all but 55(iv) (Martin Marietta)
(56) Scioto Co.
(57) Seneca Co.
(60) Trumbull Co.
(61) Tuscarawas Co.
(62) Vinton Co.
(63) Washington Co.: delete all but (63)(iii) (Shell Oil)
(64) Wayne Co.
The preceding portions of Sec. 52.1881(b) set forth various
regulations for the control of sulfur dioxide in the State of Ohio. In
1976, to address the lack of sulfur dioxide SIP limits in Ohio, EPA
promulgated a Federal Implementation Plan (FIP). In the early 1980's
Ohio adopted and submitted and EPA approved State rules limiting sulfur
dioxide emissions for many of the counties regulated in the FIP. Ever
since that time, Sec. 52.1881 has stated that approved State rules
supersede any corresponding FIP rules. The superseded rules have no
effect and are unenforceable, and thus no longer need be retained in
the CFR. The table above lists the rules in Sec. CFR 52.1881(b) which
have been superseded and are accordingly being removed from the CFR.
REGION 6 (Louisiana, New Mexico, Oklahoma, Texas)
40 CFR 52.980 Compliance schedules. Section 52.980 sets compliance
schedules for certain facilities in Louisiana; the latest compliance
date set is 1982. Thus these facilities were required to have come into
compliance more than twelve years ago, and Sec. 52.980 is now obsolete.
Any remaining issues with regard to compliance will be dealt with under
the currently applicable requirements. EPA is therefore removing
Sec. 52.980 from the CFR.
40 CFR 52.1626 Compliance schedules. Section 52.1626 sets forth
compliance schedules for certain sources in New Mexico; final
compliance dates are 1980, 1982, and 1984. The facilities covered by
this section were therefore required to have come into compliance more
than ten years ago. Any remaining issues with regards to compliance
will be dealt with under the currently applicable requirements. EPA is
therefore removing Sec. 52.1626 from the CFR.
40 CFR 52.1926 General requirements. Section 52.1926 disapproves
Oklahoma's definition of best available control technology (BACT). The
State subsequently adopted and EPA approved rules to correct this
deficiency. Section 52.1926 was superseded by EPA's approval of the
Oklahoma prevention of significant deterioration (PSD) SIP revisions.
See Secs. 52.1929, 52.1920(c)(38)(i)(C); 56 FR 5656 (Feb. 12, 1991).
EPA is therefore removing Sec. 52.1926 from the CFR.
40 CFR 52.2275(d) Control strategy and regulations: ozone. Section
52.2275(d) sets forth certain test methods to be used for purposes of
Federal enforcement. The State of Texas has adopted rules to cover
these areas and EPA has approved them, making Sec. 52.2275(d) obsolete.
See Sec. 52.2270(c)(77); 57 FR 44124 (Sept. 24, 1992). Accordingly, EPA
is removing this section from the CFR.
REGION 10 (Alaska, Idaho, Oregon, Washington)
40 CFR 52.677 Compliance schedules. Section 52.677 sets forth
compliance schedules for certain facilities in Idaho. The final
compliance date is 1974, and therefore the facilities covered by this
section were required to come into compliance more than 20 years ago.
Any remaining issues with regards to compliance will be dealt with
under the currently applicable requirements. EPA is therefore removing
Sec. 52.677 from the CFR.
40 CFR 52.1975 Compliance schedules. Section 52.1975 sets forth
compliance schedules for certain types of facilities, with the latest
final compliance date set for January, 1975. The facilities covered by
this section were therefore required to come into compliance more than
20 years ago. Any remaining issues with regards to compliance will be
dealt with under the currently applicable requirements. EPA is
therefore removing Sec. 52.1975 from the CFR.
40 CFR 52.2481 Compliance schedules. Section 52.2481 sets forth
compliance schedules for certain types of facilities in Washington,
with the final compliance date set for July, 1974. The facilities
covered by this section were therefore required to come into compliance
more than 20 years ago. Any remaining issues with regards to compliance
will be dealt with under the currently applicable requirements. EPA is
therefore removing Sec. 52.2481 from the CFR.
40 CFR 52.688 Idaho rules and regulations. Section 52.688 provides
that Idaho must ensure that PSD and other new source review and
operating permits comply with the applicable provisions of EPA's
revised stack height regulations, and must also revise its stack height
regulations by April 8, 1985, to be consistent with EPA's revised
regulations. The required SIP revision has been submitted and approved.
See Sec. 52.670(c)(25); 53 FR 48539 (Dec. 1, 1988). Accordingly,
Sec. 52.688 is now obsolete and EPA is removing it from the CFR.
40 CFR 52.689 Idaho lead control strategy. Section 52.689 sets
forth a lead control strategy for the Bunker Limited Smelter and the
area immediately surrounding it. The source, Bunker Limited, has been
dismantled and has ceased to exist. This regulation is therefore
obsolete, and EPA is removing it from the CFR.
40 CFR 52.1974 Oregon transportation and land use control. Section
52.1974 provides that the Governor of Oregon must submit to EPA no
later than April, 1974, regulations needed to implement inspection/
maintenance and retrofit programs. The required SIP revision has been
submitted and approved. See Sec. 52.1970; 46 FR 35 (Jan. 2, 1981).
Accordingly, Sec. 52.1974 is now obsolete and EPA is removing it from
the CFR.
40 CFR 52.1976 Oregon control strategy: particulate matter. Section
52.1976 disapproves certain Oregon rules as inconsistent with the
requirements for attainment and
[[Page 33920]]
maintenance of the particulate matter NAAQS. The control strategy for
the Portland TSP nonattainment area was subsequently submitted and
approved. See 46 FR 60017 (Dec. 8, 1981). Since Sec. 52.1976 is now
obsolete, EPA is removing it from the CFR.
40 CFR 52.2475 Washington legal authority. Section 52.2475 found
that Washington lacked legal authority to implement various
transportation control strategies. The required legal authorities and
SIP revisions have been submitted and approved. See
Secs. 52.2470(c)(22) (Seattle), 52.2470(c)(24) (Spokane); 46 FR 45607
(Sept. 14, 1981), 47 FR 1266 (Mar. 22, 1982). Since Sec. 52.2475 is now
obsolete, EPA is removing it from the CFR.
Regulations made obsolete by Sec. 52.2470. The following
miscellaneous provisions for the State of Washington, which date back
to the early 1970's and arise in part from a FIP, are obsolete and have
been superseded by approved SIP control strategies (see Sec. 52.2470;
46 FR 45607 (Sept. 14, 1981), 47 FR 1266 (Mar. 22, 1982)):
Sec. 52.2477 Washington source surveillance.
Sec. 52.2485 Washington Inspection and Maintenance Program
Sec. 52.2486 Washington Management of Parking Supply
Sec. 52.2489 Washington Reduction of Parking Spaces
Sec. 52.2490 Washington Air bleed to Intake Manifold
Sec. 52.2491 Washington Exhaust Gas Recirculation-air bleed
Sec. 52.2492 Washington Computer Carpool Matching System
Sec. 52.2493 Washington Transit Improvement Measure
Sec. 52.2494 Washington Bike Lanes and Bike Racks
Sec. 52.2496 Washington Maintenance of National Standards
B. Portions of Parts 60, 65, 85, and 86
40 CFR Part 60, Subpart D, Sec. 60.47. Subpart D of part 60,
promulgated on July 1, 1979, establishes new source performance
standards for fossil-fuel-fired steam generators for which construction
is commenced after August 17, 1971, pursuant to Section 111 of the CAA.
CAA Section 111(j) gives the Administrator the discretion to issue one
or more waivers from the requirements of Section 111 upon the request
of any person proposing to own or operate a new source using an
innovative technological system or systems of continuous emission
reduction. Section 60.47 establishes such a waiver for sulfur dioxide
emissions from Unit No. 3 at the Homer City Steam Electric Generating
Station Center Township in Indiana County, Pennsylvania. Sections 60.47
(b) and (c) expressly state that the waiver expires on November 30,
1981, and that commencing December 1, 1981, and continuing thereafter,
the emissions limitations provided in Sec. 60.43(a)(2) apply.
Accordingly, since the waiver has expired, EPA is removing Sec. 60.47,
including References and Appendix I, from the CFR.
40 CFR Part 60, Subpart BB, Sec. 60.286. Subpart BB of part 60,
promulgated on February 23, 1978, and amended on May 20, 1986,
establishes new source performance standards for Kraft Pulp Mills
pursuant to Section 111 of the CAA. CAA Section 111(j) gives the
Administrator the discretion to issue one or more waivers from the
requirements of Section 111 upon the request of any person proposing to
own or operate a new source using an innovative technological system or
systems of continuous emission reduction. Section 60.286 establishes
such a waiver for the No. 10 batch digester at Owens-Illinois
Incorporated's Valdosta kraft pulp mill in Clyattville, Georgia.
Section 60.286(a)(2) expressly states that the waiver expires on or
before December 31, 1987. Since the waiver has expired by its own
terms, EPA is removing Sec. 60.286 from the CFR.
40 CFR Part 60, Subpart AAA, Secs. 60.530(c), 60.530(d), 60.532(a),
60.533(e)(2), 60.533(h), 60.533(j)(1)(i), 60.533(p)(4)(ii)(B),
60.535(a)(2), 60.535(c), 60.537(e), 60.537(b)(2), 60.539a(b)(1).
Subpart AAA of part 60 establishes standards of performance for new
residential wood heaters pursuant to Section 111 of the CAA. The
standards were promulgated on February 26, 1988, and amended on April
12, 1988, April 26, 1988, and February 13, 1992. Section 60.532(b)
establishes emission limitations for particulate matter for each wood
heater manufactured on or after July 1, 1990, or sold at retail on or
after July 1, 1992. Certain provisions of subpart AAA which establish
duties, emission limitations, or waivers for the period preceding July
1, 1992, are superseded by Sec. 60.532(b) and are therefore being
removed from the CFR. These provisions are:
Section 60.530(c), which exempts certain wood heaters manufactured
before July 1, 1990, and sold at retail before July 1, 1992;
Section 60.530(d), which exempts certain wood heaters manufactured
between July 1, 1988 and June 30, 1989, and sold at retail before July
1, 1991;
Section 60.532(a), which establishes particulate matter emission
limitations for wood heaters manufactured on or after July 1, 1988, or
sold at retail on or after July 1, 1990;
Section 60.533(e)(2), which establishes an option for a wood heater
application determination for a period ending June 30, 1988;
Section 60.533(h), which specifies the Administrator's duties
between the period April 1, 1987 through July 1, 1990 with respect to
determining whether an undue certification delay exists;
Section 60.533(j)(1)(i), which states that a certificate of
compliance for a model meeting the emissions limitations in
Sec. 60.532(a) expires on June 30, 1990;
Section 60.533(p)(4)(ii)(B), which requires the Administrator to
publish a decision by July 1, 1990 for each test method and procedure
set out in Sec. 60.534(a);
Section 60.535(a)(2), which establishes an option for a laboratory
to be certified for a period ending on June 30, 1988;
Section 60.535(c), which applies to laboratories accredited by the
State of Oregon prior to 1988 and such accreditations expired in 1993
or earlier;
Section 60.537(b)(2), which requires accredited laboratories to
issue certain reports to the Administrator between April 1, 1987 and
July 1, 1990;
Section 60.537(e), which establishes the procedures for a
manufacturer seeking an exemption under Sec. 60.530(d), which is
obsolete (see above); and
Section 60.539a(b)(1), which no longer is applicable because it
applies to wood heaters exempted under Sec. 60.530(c), which is
obsolete (see above).
40 CFR Part 65. EPA promulgated part 65's regulations on delayed
compliance orders in 1978 pursuant to Section 113(d) of the CAA.
Section 113(d) authorized the Administrator to issue delayed compliance
orders permitting a delay in compliance with applicable regulations
contained in a SIP. The 1990 amendments to the CAA amended Section
113(d) and repealed the authority to issue delayed compliance orders.
Furthermore, all of the delayed compliance orders listed in part 65
have expired. Accordingly, EPA is removing part 65 from the CFR.
40 CFR Part 85, Subpart E. Prior to 1990, Section 202(b)(7) of the
CAA established a research objective to reduce emissions of oxides of
nitrogen from light-duty motor vehicles. In 1980, EPA promulgated
subpart E of part 85 establishing a research program to implement
Section 202(b)(7)'s objective. The 1990 amendments to the CAA repealed
Section 202(b)(7), making subpart E obsolete. Accordingly, EPA is now
removing subpart E from the CFR.
40 CFR Secs. 86.1104-87 and 86.1104-90. Subpart L of 40 CFR part 86
sets
[[Page 33921]]
forth nonconformance penalties for gasoline-fueled and diesel heavy-
duty engines (HDEs) and heavy-duty vehicles (HDVs), including certain
light-duty trucks. Section 206(g) of the CAA requires EPA to issue a
certificate of conformity for HDEs or HDVs that exceed an applicable
emissions standard, but do not exceed an upper limit associated with
that standard, if the manufacturer pays a nonconformance penalty (NCP)
established by rulemaking.
Over time EPA has promulgated three regulatory sections which set
forth the upper emission limit for which an NCP can be established.
Each time EPA promulgated one of these regulatory sections, the
promulgation of the new section effectively limited the applicability
of the existing section. When EPA first passed Sec. 86.1104-87, this
section established the upper limit for model year (MY) 1987 and all
subsequent model years. But when EPA promulgated Sec. 86.1104-90 for
MY1990 and later models, the new section's promulgation limited
Sec. 86.1104-87's applicability to MY1987 through MY1989. Similarly,
when EPA promulgated Sec. 86.1104-91 for MY1991 and subsequent model
years this promulgation had the effect of limiting Sec. 86.1104-90's
applicability to MY1990 only.
Because both Sec. 86.1104-87 and Sec. 86.1104-90 are time limited
to model years that have passed, they have no legal effect for current
or future model years. EPA is therefore removing Secs. 86.1104-87 and
86.1104-90 from the CFR.
40 CFR Secs. 86.1105-87(b) and 86.1105-87(c)(1). Section 86.1105-87
designates those emission standards for HDEs and HDVs for which the
payment of a NCP is an option in the event an HDE or HDV exceeds the
applicable emission standard. Some of these NCP provisions are now
obsolete because the emission standards to which they relate are no
longer in effect for current or future model years. Section 86.1105-
87(b), which makes NCPs available for diesel HDEs that exceed an oxides
of nitrogen (NOX) emission standard of 6.0 grams per brake
horsepower-hour (g/bhp-hr) beginning in MY1990 or a particulate (PM)
emission standard of 0.60 g/bhp-hr beginning in MY1988, is obsolete
because these emissions standards no longer apply to current or future
model years. Beginning with MY1991 diesel HDEs, the NOX emission
standard changed to 5.0 g/bhp-hr, while the PM standard changed to 0.25
g/bhp-hr. See 40 CFR 86.091-11(a)(1)(iii)-(iv). Similarly,
Sec. 86.1105-87(c)(1), which allows NCPs for petroleum-fueled diesel
HDEs MY1991 or later that exceed 0.25 PM g/bhp-hr, is now obsolete
because the PM standard for MY1994 and later model year diesel HDEs is
0.07 or 0.10 g/bhp-hr, depending on whether the engine is used in an
urban bus. See 40 CFR 86.094-11(a)(1)(iv). Accordingly, EPA is removing
paragraphs (b) and (c)(1) of Sec. 86.1105-87 from the CFR.
III. Good Cause Exemption from Notice-and-Comment Rulemaking
Procedures
The CAA and Administrative Procedure Act generally require EPA to
provide prior notice and opportunity for public comment before issuing
a final rule. 42 U.S.C. 7607(d), 5 U.S.C. 553(b),(c). Rules are exempt
from this requirement if EPA finds for good cause that notice and
comment are unnecessary. 42 U.S.C. 7607(d)(1), 5 U.S.C. 553(b)(3)(B).
EPA has determined that providing prior notice and opportunity for
comment on the deletion of these rules from the CFR is unnecessary. For
the reasons discussed in Sections I and II, these rules are no longer
legally in effect; thus, withdrawing them from the CFR has no legal
impact and merely codifies the current legal status of the rules.
For the same reasons, EPA believes there is good cause for making
the removal of these rules from the CFR immediately effective. See 5
U.S.C. 553(d).
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 reflects
their current legal status and thus has no regulatory impact, this
action is not a ``significant'' regulatory action within the meaning of
E.O. 12866, and does not impose any Federal mandate on State, local or
tribal governments or the private sector within the meaning of the
Unfunded Mandates Reform Act of 1995. For the same reasons, pursuant to
the Regulatory Flexibility Act, I certify that this action would not
have a significant economic impact on a substantial number of small
entities. Finally, because these rules are no longer legally in effect,
their deletion from the CFR does not affect requirements under the
Paperwork Reduction Act.
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
Environmental protection, 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 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries,
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass
and glass products, Grains, Graphic arts industry, Heaters, Household
appliances, Insulation, Intergovernmental relations, Iron, Labeling,
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals,
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide,
Paper and paper products industry, Particulate matter, Paving and
roofing materials, Petroleum, Phosphate, Plastics materials and
synthetics, Polymers, Reporting and recordkeeping requirements, Sewage
disposal, Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane,
Vinyl, Volatile organic compounds, Waste treatment and disposal, Zinc.
40 CFR Part 65
Environmental protection, Air pollution control.
40 CFR Part 85
Environmental protection, Confidential business information,
Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Research, Warranties.
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.
Dated: June 8, 1995.
Mary D. Nichols
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:
[[Page 33922]]
PART 51--[AMENDED]
1. The authority citation for Part 51 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 51.105 [Amended]
2. Section 51.105 is amended by removing the first sentence of the
paragraph.
Sec. 51.111 [Amended]
3. In Sec. 51.111, paragraphs (a), (b) and (c) are removed, and
paragraph (d) is redesignated as paragraph (a).
Sec. 51.113 [Amended]
4. Section 51.113 is removed.
Sec. 51.213 [Amended]
5. In Sec. 51.213, paragraph (b) is removed, and paragraphs (c) and
(d) are redesignated as paragraphs (b) and (c), respectively.
Sec. 51.241 [Amended]
6. In Sec. 51.241, paragraph (a) is amended by removing the last
two sentences of the paragraph.
Sec. 51.340 [Amended]
7. Section 51.340 is removed.
Subpart D to Part 51 [Removed and reserved]
8. Part 51, Subpart D is removed and reserved.
Appendix U to Part 51 [Removed]
9. Appendix U to Part 51 is removed.
PART 52--[AMENDED]
10. The authority citation for Part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 52.06 [Amended]
11. In Sec. 52.06, paragraph (c) is removed.
Sec. 52.22 [Removed]
12. Section 52.22 is removed.
Sec. 52.25 [Removed]
13. Section 52.25 is removed.
Sec. 52.52 [Removed]
14. Section 52.52 is removed.
Sec. 52.54 [Removed]
15. Section 52.54 is removed.
Sec. 52.59 [Removed]
16. Section 52.59 is removed.
Sec. 52.78 [Removed]
17. Section 52.78 is removed.
Sec. 52.81 [Removed and reserved]
18. Section 52.81 is removed and reserved.
Sec. 52.82 [Removed and reserved]
19. Section 52.82 is removed and reserved.
Sec. 52.122 [Removed and reserved]
20. Section 52.122 is removed and reserved.
Sec. 52.129 [Amended]
21. In Sec. 52.129, paragraphs (e) and (f) are removed, and
paragraph (g) is redesignated as paragraph (e).
Sec. 52.131 [Removed and reserved]
22. Section 52.131 is removed and reserved.
Sec. 52.143 [Removed and reserved]
23. Section 52.143 is removed and reserved.
Sec. 52.173 [Removed and reserved]
24. Section 52.173 is removed and reserved.
Sec. 52.176 [Removed and reserved]
25. Section 52.176 is removed and reserved.
Sec. 52.182 [Removed]
26. Section 52.182 is removed.
Sec. 52.222 [Removed and reserved]
27. Section 52.222 is removed and reserved.
Sec. 52.238 [Removed and reserved]
28. Section 52.238 is removed and reserved.
Sec. 52.267 [Removed and reserved]
29. Section 52.267 is removed and reserved.
Sec. 52.322 [Removed and reserved]
30. Section 52.322 is removed and reserved.
Sec. 52.325 [Removed and reserved]
31. Section 52.325 is removed and reserved.
Sec. 52.341 [Removed and reserved]
32. Section 52.341 is removed and reserved.
Sec. 52.372 [Removed and reserved]
33. Section 52.372 is removed and reserved.
Sec. 52.379 [Removed and reserved]
34. Section 52.379 is removed and reserved.
Sec. 52.426 [Removed and reserved]
35. Section 52.426 is removed and reserved.
Sec. 52.427 [Removed and reserved]
36. Section 52.427 is removed and reserved.
Sec. 52.428 [Removed and reserved]
37. Section 52.428 is removed and reserved.
Sec. 52.431 [Removed and reserved]
38. Section 52.431 is removed and reserved.
Sec. 52.473 [Removed and reserved]
39. Section 52.473 is removed and reserved.
Sec. 52.481 [Removed and reserved]
40. Section 52.481 is removed and reserved.
Sec. 52.497 [Removed and reserved]
41. Section 52.497 is removed and reserved.
Sec. 52.523 [Removed and reserved]
42. Section 52.523 is removed and reserved.
Sec. 52.529 [Removed and reserved]
43. Section 52.529 is removed and reserved.
Sec. 52.574 [Removed and reserved]
44. Section 52.574 is removed and reserved.
Sec. 52.575 [Removed and reserved]
45. Section 52.575 is removed and reserved.
Sec. 52.577 [Removed and reserved]
46. Section 52.577 is removed and reserved.
Sec. 52.580 [Removed and reserved]
47. Section 52.580 is removed and reserved.
Sec. 52.622 [Removed and reserved]
48. Section 52.622 is removed and reserved.
Sec. 52.628 [Removed and reserved]
49. Section 52.628 is removed and reserved.
Sec. 52.629 [Removed and reserved]
50. Section 52.629 is removed and reserved.
Sec. 52.631 [Removed and reserved]
51. Section 52.631 is removed and reserved.
Sec. 52.672 [Removed and reserved]
52. Section 52.672 is removed and reserved.
Sec. 52.677 [Removed and reserved]
53. Section 52.677 is removed and reserved.
Sec. 52.682 [Removed and reserved]
54. Section 52.682 is removed and reserved.
[[Page 33923]]
Sec. 52.688 [Removed and reserved]
55. Section 52.688 is removed and reserved.
Sec. 52.689 [Removed and reserved]
56. Section 52.689 is removed and reserved.
Sec. 52.723 [Removed and reserved]
57. Section 52.723 is removed and reserved.
Sec. 52.735 [Removed and reserved]
58. Section 52.735 is removed and reserved.
Sec. 52.772 [Removed and reserved]
59. Section 52.772 is removed and reserved.
Sec. 52.783 [Removed and reserved]
60. Section 52.783 is removed and reserved.
Sec. 52.792 [Removed and reserved]
61. Section 52.792 is removed and reserved.
Sec. 52.824 [Removed and reserved]
62. Section 52.824 is removed and reserved.
Sec. 52.827 [Removed and reserved]
63. Section 52.827 is removed and reserved.
Sec. 52.832 [Removed and reserved]
64. Section 52.832 is removed and reserved.
Sec. 52.878 [Removed and reserved]
65. Section 52.878 is removed and reserved.
Sec. 52.880 [Removed and reserved]
66. Section 52.880 is removed and reserved.
Sec. 52.883 [Removed and reserved]
67. Section 52.883 is removed and reserved
Sec. 52.922 [Removed and reserved]
68. Section 52.922 is removed and reserved.
Sec. 52.929 [Removed and reserved]
69. Section 52.929 is removed and reserved.
Sec. 52.979 [Removed and reserved]
70. Section 52.979 is removed and reserved
Sec. 52.980 [Removed and reserved]
71. Section 52.980 is removed and reserved.
Sec. 52.1028 [Removed and reserved]
72. Section 52.1028 is removed and reserved.
Sec. 52.1072 [Removed and reserved]
73. Section 52.1072 is removed and reserved.
Sec. 52.1078 [Removed and reserved]
74. Section 52.1078 is removed and reserved.
Sec. 52.1115 [Removed and reserved]
75. Section 52.1115 is removed and reserved.
Sec. 52.1122 [Removed and reserved]
76. Section 52.1122 is removed and reserved.
Sec. 52.1124 [Amended]
77. In Sec. 52.1124, paragraphs (a) and (b) are removed, and
paragraph (c) is redesignated as paragraph (a).
Sec. 52.1177 [Removed and reserved]
78. Section 52.1177 is removed and reserved.
Sec. 52.1178 [Removed and reserved]
79. Section 52.1178 is removed and reserved.
Sec. 52.1226 [Removed and reserved]
80. Section 52.1226 is removed and reserved.
Sec. 52.1229 [Removed and reserved]
81. Section 52.1229 is removed and reserved.
Sec. 52.1235 [Removed and reserved]
82. Section 52.1235 is removed and reserved.
Sec. 52.1273 [Removed and reserved]
83. Section 52.1273 is removed and reserved.
Sec. 52.1276 [Removed and reserved]
84. Section 52.1276 is removed and reserved.
Sec. 52.1279 [Removed and reserved]
85. Section 52.1279 is removed and reserved.
Sec. 52.1328 [Removed and reserved]
86. Section 52.1328 is removed and reserved.
Sec. 52.1331 [Removed and reserved]
87. Section 52.1331 is removed and reserved.
Sec. 52.1332 [Removed and reserved]
88. Section 52.1332 is removed and reserved.
Sec. 52.1338 [Removed and reserved]
89. Section 52.1338 is removed and reserved.
Sec. 52.1381 [Removed and reserved]
90. Section 52.1381 is removed and reserved.
Sec. 52.1426 [Removed and reserved]
91. Section 52.1426 is removed and reserved.
Sec. 52.1431 [Removed and reserved]
92. Section 52.1431 is removed and reserved.
Sec. 52.1435 [Removed and reserved]
93. Section 52.1435 is removed and reserved.
Sec. 52.1480 [Removed and reserved]
94. Section 52.1480 is removed and reserved.
Sec. 52.1481 [Removed and reserved]
95. Section 52.1481 is removed and reserved.
Sec. 52.1528 [Removed and reserved]
96. Section 52.1528 is removed and reserved.
Sec. 52.1572 [Removed and reserved]
97. Section 52.1572 is removed and reserved.
Sec. 52.1578 [Amended]
98. In Sec. 52.1578, paragraphs (a) and (b) are removed, and
paragraph (c) is redesignated as paragraph (a).
Sec. 52.1580 [Removed and reserved]
99. Section 52.1580 is removed and reserved.
Sec. 52.1602 [Removed and reserved]
100. Section 52.1602 is removed and reserved.
Sec. 52.1626 [Removed and reserved]
101. Section 52.1626 is removed and reserved.
Sec. 52.1630 [Removed and reserved]
102. Section 52.1630 is removed and reserved.
Sec. 52.1631 [Removed and reserved]
103. Section 52.1631 is removed and reserved.
Sec. 52.1672 [Removed and reserved]
104. Section 52.1672 is removed and reserved.
Sec. 52.1675 [Amended]
105. In Sec. 52.1675, paragraph (f) is removed and paragraphs (g)
and (h) are redesignated as paragraphs (f) and (g), respectively.
Sec. 52.1682 [Removed and reserved]
106. Section 52.1682 is removed and reserved.
Sec. 52.1688 [Removed and reserved]
107. Section 52.1688 is removed and reserved.
[[Page 33924]]
Sec. 52.1773 [Removed and reserved]
108. Section 52.1773 is removed and reserved.
Sec. 52.1776 [Removed and reserved]
109. Section 52.1776 is removed and reserved.
Sec. 52.1777 [Removed and reserved]
110. Section 52.1777 is removed and reserved.
Sec. 52.1823 [Removed and reserved]
111. Section 52.1823 is removed and reserved.
Sec. 52.1827 [Removed and reserved]
112. Section 52.1827 is removed and reserved.
Sec. 52.1872 [Removed and reserved]
113-114. Section 52.1872 is removed and reserved.
Sec. 52.1881 [Amended]
115. In Sec. 52.1881:
a. Paragraphs (b)(12) through (16) are removed and paragraph
(b)(17) is redesignated as paragraph (b)(12).
b. Paragraph (b)(18) is removed and paragraph (b)(19) is
redesignated as paragraph (b)(13).
c. Paragraph (b)(20) is removed and paragraph (b)(21) is
redesignated as paragraph (b)(14).
d. Paragraph (b)(22) is removed and paragraph (b)(23) is
redesignated as paragraph (b)(15).
e. Paragraphs (b)(24), (25) and (26) are removed and paragraphs
(b)(27) and (28) are redesignated as paragraphs (b)(16) and (17),
respectively.
f. Paragraphs (b)(29), (30), (31), (32), (33) and (34) are removed
and paragraph (b)(35) is redesignated as paragraph (b)(18).
g. Paragraph (b)(36) is redesignated as paragraph (b)(19), newly
redesignated paragraphs (b)(19)(i) through (iv) are removed, and newly
redesignated paragraph (b)(19)(v) is further redesignated as paragraph
(b)(19)(i).
h. A new paragraph (b)(19)(ii) is added and reserved.
i. Paragraph (b)(37) is removed and paragraphs (b)(38), (39) and
(40) are redesignated as paragraphs (b)(20), (21), and (22)
respectively.
j. Paragraphs (b)(41), (42), (43), (44), and (45) are removed.
k. Paragraph (b)(46) is redesignated as paragraph (b)(23) and newly
redesignated paragraphs (b)(23)(ii) through (vii) are removed.
l. A new paragraph (b)(23)(ii) is added and reserved.
m. Paragraphs (b)(47), (48), (49), (50) and (51) are removed and
paragraph (b)(52) is redesignated as paragraph (b)(24).
n. Paragraph (b)(53) is removed and paragraph (b)(54) is
redesignated as paragraph (b)(25).
o. Paragraph (b)(55) is redesignated as paragraph (b)(26), newly
designated paragraphs (b)(26)(i) through (iii) and (v) are removed, and
newly redesignated paragraph (b)(26)(iv) is further redesignated as
paragraph (b)(26)(i). A new paragraph (b)(26)(ii) is added and
reserved.
p. Paragraphs (b)(56) and (57) are removed and paragraphs (b)(58)
and (59) are redesignated as paragraphs (b)(27) and (28), respectively.
q. Paragraphs (b)(60), (61), and (62) are removed.
r. Paragraph (b)(63) is redesignated as paragraph (b)(29), newly
redesignated paragraphs (b)(29)(i) and (ii) are removed, and newly
redesignated paragraph (b)(29)(iii) is further redesignated as
paragraph (b)(29)(i). A new paragraph (b)(29)(ii) is added and
reserved.
s. Paragraph (b)(64) is removed and paragraph (b)(65) is
redesignated as paragraph (b)(30).
Sec. 52.1883 [Removed and reserved]
116. Section 52.1883 is removed and reserved.
Sec. 52.1925 [Removed and reserved]
117. Section 52.1925 is removed and reserved.
Sec. 52.1926 [Removed and reserved]
118. Section 52.1926 is removed and reserved.
Sec. 52.1927 [Removed and reserved]
119. Section 52.1927 is removed and reserved.
Sec. 52.1974 [Removed and reserved]
120. Section 52.1974 is removed and reserved.
Sec. 52.1975 [Removed and reserved]
121. Section 52.1975 is removed and reserved.
Sec. 52.1976 [Removed and reserved]
122. Section 52.1976 is removed and reserved.
Sec. 52.1986 [Removed and reserved]
123. Section 52.1986 is removed and reserved.
Sec. 52.2055 [Amended]
124. In Sec. 52.2055, paragraph (c) is removed.
Sec. 52.2056 [Removed and reserved]
125. Section 52.2056 is removed and reserved.
Sec. 52.2082 [Removed and reserved]
126. Section 52.2082 is removed and reserved.
Sec. 52.2125 [Removed and reserved]
127. Section 52.2125 is removed and reserved.
Sec. 52.2127 [Removed and reserved]
128. Section 52.2127 is removed and reserved.
Sec. 52.2128 [Removed and reserved]
129. Section 52.2128 is removed and reserved.
Sec. 52.2129 [Removed and reserved]
130. Section 52.2129 is removed and reserved.
Sec. 52.2174 [Removed and reserved]
131. Section 52.2174 is removed and reserved.
Sec. 52.2176 [Removed and reserved]
132. Section 52.2176 is removed and reserved.
Sec. 52.2228 [Amended]
133. In Sec. 52.2228, paragraphs (a) and (b) are removed, and
paragraphs (c), (d), (e) and (f) are redesignated as paragraphs (a),
(b), (c) and (d) respectively.
Sec. 52.2232 [Removed]
134. Section 52.2232 is removed.
Sec. 52.2272 [Removed and reserved]
135. Section 52.2272 is removed and reserved.
Sec. 52.2275 [Amended]
136. In Sec. 52.2275, paragraph (d) is removed and reserved.
Sec. 52.2279 [Removed and reserved]
137. Section 52.2279 is removed and reserved.
Sec. 52.2302 [Removed and reserved]
138. Section 52.2302 is removed and reserved.
Sec. 52.2345 [Removed and reserved]
139. Section 52.2345 is removed and reserved.
Sec. 52.2379 [Removed and reserved]
140. Section 52.2379 is removed and reserved.
Sec. 52.2422 [Removed and reserved]
141. Section 52.2422 is removed and reserved.
Sec. 52.2424 [Removed and reserved]
142. Section 52.2424 is removed and reserved.
Sec. 52.2428 [Removed and reserved]
143. Section 52.2428 is removed and reserved.
Sec. 52.2429 [Removed and reserved]
144. Section 52.2429 is removed and reserved.
[[Page 33925]]
Sec. 52.2448 [Removed and reserved]
145. Section 52.2448 is removed and reserved.
Sec. 52.2449 [Removed and reserved]
146. Section 52.2449 is removed and reserved.
Sec. 52.2472 [Removed and reserved]
147. Section 52.2472 is removed and reserved.
Sec. 52.2475 [Removed and reserved]
148. Section 52.2475 is removed and reserved.
Sec. 52.2477 [Removed and reserved]
149. Section 52.2477 is removed and reserved.
Sec. 52.2478 [Removed and reserved]
150. Section 52.2478 is removed and reserved.
Sec. 52.2481 [Removed and reserved]
151. Section 52.2481 is removed and reserved.
Sec. 52.2485 [Removed and reserved]
152. Section 52.2485 is removed and reserved.
Sec. 52.2486 [Removed and reserved]
153. Section 52.2486 is removed and reserved.
Sec. 52.2489 [Removed and reserved]
154. Section 52.2489 is removed and reserved.
Sec. 52.2490 [Removed and reserved]
155. Section 52.2490 is removed and reserved.
Sec. 52.2491 [Removed and reserved]
156. Section 52.2491 is removed and reserved.
Sec. 52.2492 [Removed and reserved]
157. Section 52.2492 is removed and reserved.
Sec. 52.2493 [Removed and reserved]
158. Section 52.2493 is removed and reserved.
Sec. 52.2494 [Removed and reserved]
159. Section 52.2494 is removed and reserved.
Sec. 52.2496 [Removed and reserved]
160. Section 52.2496 is removed and reserved.
Sec. 52.2522 [Amended]
161. In Sec. 52.2522, paragraphs (a) and (d) are removed, and
paragraphs (b) and (c) are redesignated as paragraphs (a) and (b),
respectively; and paragraphs (e) and (f) are redesignated as paragraphs
(c) and (d) respectively.
Sec. 52.2526 [Removed and reserved]
162. Section 52.2526 is removed and reserved.
Sec. 52.2531 [Removed and reserved]
163. Section 52.2531 is removed and reserved.
Sec. 52.2532 [Removed and reserved]
164. Section 52.2532 is removed and reserved.
Sec. 52.2579 [Removed and reserved]
165. Section 52.2579 is removed and reserved.
Sec. 52.2580 [Removed and reserved]
166. Section 52.2580 is removed and reserved.
Sec. 52.2582 [Removed and reserved]
167. Section 52.2582 is removed and reserved.
Sec. 52.2627 [Removed and reserved]
168. Section 52.2627 is removed and reserved.
Sec. 52.2631 [Removed and reserved]
169. Section 52.2631 is removed and reserved.
Sec. 52.2673 [Removed and reserved]
170. Section 52.2673 is removed and reserved.
Sec. 52.2674 [Removed and reserved]
171. Section 52.2674 is removed and reserved.
Sec. 52.2723 [Removed and reserved]
172. Section 52.2723 is removed and reserved.
Sec. 52.2724 [Removed and reserved]
173. Section 52.2724 is removed and reserved.
Sec. 52.2728 [Removed and reserved]
174. Section 52.2728 is removed and reserved.
Sec. 52.2730 [Removed and reserved]
175. Section 52.2730 is removed and reserved.
Sec. 52.2776 [Removed and reserved]
176. Section 52.2776 is removed and reserved.
Sec. 52.2778 [Removed and reserved]
177. Section 52.2778 is removed and reserved.
Sec. 52.2823 [Removed and reserved]
178. Section 52.2823 is removed and reserved.
Sec. 52.2826 [Removed and reserved]
179. Section 52.2826 is removed and reserved.
Appendix A part 52 [Removed]
180. Appendix A to part 52 is removed.
PART 60--[AMENDED]
181. The authority citation for Part 60 continues to read as
follows:
Authority: 42 U.S.C. 7401-7601.
Sec. 60.47 [Removed]
182. Section 60.47 (including References and Appendix I) is
removed.
Sec. 60.286 [Removed]
183. Section 60.286 is removed.
Sec. 60.530 [Amended]
184. In Sec. 60.530, paragraphs (c) and (d) are removed and
reserved.
Sec. 60.532 [Amended]
185. In Sec. 60.532, paragraph (a) is removed and reserved.
Sec. 60.533 [Amended]
186. In Sec. 60.533, paragraphs (e)(2), (h), (j)(1)(i), and
(p)(4)(ii)(B) are removed and reserved.
Sec. 60.535 [Amended]
187. In Sec. 60.535, paragraphs (a)(2) and (c) are removed and
reserved.
Sec. 60.537 [Amended]
188. In Sec. 60.537, paragraphs (b)(2) and (e) are removed and
reserved.
Sec. 60.539a [Amended]
189. In Sec. 60.539a, paragraph (b)(1) is removed and reserved.
PART 65--[REMOVED]
190. Part 65 is removed.
PART 85--[AMENDED]
191. The authority citation for Part 85 continues to read as
follows:
Authority: Sections 203, 205, 207, 208 and 301(a) of the Clean
Air Act as amended, 42 U.S.C. 7522, 7524, 7541, 7542, and 7601(a).
Subpart E [Removed and reserved]
192. Part 85, Subpart E is removed and reserved.
PART 86--[AMENDED]
193. The authority citation for Part 86 continues to read as
follows:
Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217,
and 301(a), Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524,
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).
Sec. 86.1104-87 [Removed]
194. Section 86.1104-87 is removed.
Sec. 86.1104-90 [Removed]
195. Section 86.1104-90 is removed.
[[Page 33926]]
Sec. 86.1105-87 [Amended]
196. In Sec. 86.1105-87, paragraphs (b) and (c)(1) are removed and
reserved.
[FR Doc. 95-15029 Filed 6-28-95; 8:45 am]
BILLING CODE 6560-50-P