[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Rules and Regulations]
[Pages 22818-22823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9219]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2007-0510; FRL-8556-1]


Withdrawal of Federal Implementation Plans for the Clean Air 
Interstate Rule in 12 States

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is withdrawing Federal Implementation Plans (FIPs) for the

[[Page 22819]]

Clean Air Interstate Rule (CAIR) in Alabama, Arkansas, Florida, 
Georgia, Illinois, Iowa, Kentucky, Louisiana (SO2 FIP trading program 
only), Massachusetts, Mississippi, Missouri, and Virginia because these 
12 states have previously submitted and received EPA approval of full 
state implementation plans (SIPs) to meet the CAIR requirements. When 
EPA issued the CAIR FIPs on April 28, 2006, it stated that it would 
withdraw the FIPs in a state in coordination with the approval of the 
CAIR SIP for that state. Also, when EPA approved the CAIR SIPs for 
these states, it explained that it would take a separate action to 
remove the CAIR FIPs for those states. EPA is now acting to formally 
withdraw the FIPs for 12 states. This action is necessary because EPA's 
approval of those states' CAIR SIPs corrected the deficiency that 
provided the basis for EPA's promulgation of the FIPs.
    EPA is also removing the CAIR FIP regulatory text for Connecticut 
and New York. The FIPs for these states have already been automatically 
withdrawn pursuant to a rulemaking published on November 2, 2007. This 
ministerial action is necessary to correct the regulatory text.

DATES: This final rule is effective on April 28, 2008.

ADDRESSES: EPA has established a docket for this rulemaking under 
Docket ID number EPA-HQ-OAR-2007-0510. (The docket for the CAIR FIP 
rulemaking is EPA-HQ-OAR-2004-0076 and the docket for the CAIR is EPA-
HQ-OAR-2003-0053.) All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the EPA 
Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the EPA Docket Center is (202) 566-1742.
    Rulemaking actions for the CAIR and CAIR FIPs are also available at 
EPA's CAIR Web site at http://www.epa.gov/cair. The Federal Register 
citations for the SIP approval actions for the states addressed in this 
rule are provided in section III below.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, Air Quality Planning 
Division, Office of Air Quality Planning and Standards, mail code C539-
04, Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711; telephone number: 919-541-3347; fax number: 919-541-
0824; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

Outline

I. General Information
    A. Does This Action Apply to Me?
    B. Judicial Review
II. What Is the Background for This Rule?
III. What Is This Final Action?
    A. Withdrawal of CAIR FIPs in 12 States
    B. Removal of CAIR FIP Regulatory Text for New York and 
Connecticut
    C. Updating the CAIR FIP Regulatory Text
IV. What Is the Rulemaking Procedure?
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action does not establish any control requirements. It 
withdraws the CAIR FIPs in Alabama, Arkansas, Florida, Georgia, 
Illinois, Iowa, Kentucky, Louisiana (SO2 FIP trading program only), 
Massachusetts, Mississippi, Missouri, and Virginia because these states 
previously have submitted and received full EPA approval of SIPs to 
meet the CAIR requirements. EPA promulgated the CAIR FIPs on April 28, 
2006 (71 FR 25328). Categories and entities potentially regulated by 
the CAIR FIPs include the following:

------------------------------------------------------------------------
                                                 Examples of potentially
            Category             NAICS code \1\     regulated entities
------------------------------------------------------------------------
Industry.......................          221112  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units.
Federal government.............      \2\ 221122  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units owned
                                                  by the Federal
                                                  government.
State/local/Tribal government..      \2\ 221122  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units owned
                                                  by municipalities.
                                         921150  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units in
                                                  Indian Country.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Federal, state, or local government-owned and operated
  establishments are classified according to the activity in which they
  are engaged.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the CAIR 
FIPs in states that continue to be affected by the FIPs. To determine 
whether your facility is affected by the CAIR FIPs, in states where the 
FIP still applies, you should examine the definitions and applicability 
criteria in 40 CFR 97.102, 97.104, 97.105, 97.202, 97.204, 97.205, 
97.302, 97.304, and 97.305.

B. Judicial Review

    Under CAA section 307(b), judicial review of this final action is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit on or before June 27, 
2008. Moreover, under CAA section 307(b)(2), the requirements 
established by this final rule may not be challenged separately in any 
civil or criminal proceedings brought by EPA to enforce these 
requirements.

II. What Is the Background for This Rule?

    In a final rule published on April 25, 2005 (70 FR 21147), 
effective May 25, 2005, EPA made national findings that states had 
failed to submit SIPs required under section 110(a)(2)(D)(i) of the 
Clean Air Act (CAA) to address interstate transport with respect to the 
PM2.5 and 8-hour ozone national ambient air quality standards (NAAQS). 
These SIPs were due in July 2000, 3 years after the promulgation of the 
PM2.5 and 8-hour ozone NAAQS. The findings started a 2-year 
clock for EPA to promulgate FIPs to address the requirements of section 
110(a)(2)(D)(i). Under section 110(c)(1), EPA may issue a FIP any time 
after such findings are made and must do so unless a SIP revision 
correcting the deficiency is approved by EPA before the FIP is 
promulgated.
    On May 12, 2005 (70 FR 25162), EPA issued the CAIR, which 
established the levels of NOX and SO2 emission reduction 
requirements necessary for CAIR-affected states to address their 
significant 8-hour ozone and PM2.5 interstate transport. (See also CAIR 
revisions on April 28, 2006; 71 FR 25288 and December 13, 2006; 71 FR 
74792.) NOX emissions are precursors to

[[Page 22820]]

8-hour ozone and PM2.5; SO2 emissions are precursors to PM2.5. The CAIR 
affects 28 states and the District of Columbia (collectively, CAIR 
states) in the eastern half of the country. All CAIR states were 
required to submit their CAIR SIPs by September 11, 2006. For states 
subject to the CAIR requirements, an approved CAIR SIP corrects the 
section 110(a)(2)(D)(i) deficiency identified in the April 25, 2005 
findings action.
    In a final rule published on April 28, 2006 (71 FR 25328), EPA 
promulgated FIPs as a backstop to implement the CAIR requirements in 
all CAIR states. As the control requirement for the FIPs, EPA adopted 
the model trading rules for electric generating units (EGUs) that EPA 
provided in CAIR as a control option for states, with minor changes to 
account for Federal rather than state implementation. The FIPs were 
promulgated to regulate EGUs in the affected states and achieve the 
emissions reduction requirements established by the CAIR until states 
promulgated and received EPA approval of SIPs to achieve the 
reductions. In the FIP preamble, EPA stated it would withdraw the FIP 
in a state in coordination with the approval of the CAIR SIP for that 
state. Because EPA's authority to issue the FIPs was premised on the 
section 110(a)(2)(D)(i) deficiency identified in the April 25, 2005, 
findings action, once EPA fully approves a full SIP \1\ to correct that 
deficiency for a state, EPA no longer has the authority for the FIP in 
that state.
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    \1\ The CAIR FIPs also provide that states may submit 
``abbreviated'' SIP revisions to replace or supplement specific 
elements of the FIPs, leaving the remainder of the overall FIPs in 
place, rather than submitting ``full'' CAIR SIP revisions that 
replace the FIPs. The abbreviated SIP revisions, when approved, will 
automatically replace or supplement the corresponding CAIR FIP 
provisions. (See 71 FR at 25345-25346 for further details.) This 
rule only addresses States that submitted full CAIR SIPs.
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    On November 2, 2007 (72 FR 62338), EPA published a final rule to 
amend the CAIR FIPs to make FIP withdrawal automatic upon the effective 
date of EPA's approval of a full SIP revision meeting the CAIR 
requirements. This rule became effective on January 16, 2008. For full 
CAIR SIPs whose EPA approvals are effective on or after that date, EPA 
will not need to take further action to withdraw the FIP. However, the 
automatic CAIR FIP withdrawal provisions do not apply retroactively. 
Therefore, EPA is issuing this separate final rule to withdraw the CAIR 
FIPs in states whose full CAIR SIP approvals have effective dates prior 
to January 16, 2008.

III. What Is This Final Action?

A. Withdrawal of CAIR FIPs in 12 States

    In this final action, EPA is withdrawing CAIR FIPs in the 12 states 
listed below because the states previously have submitted and received 
EPA approval of full SIPs to meet the CAIR requirements and the SIP 
approvals are effective. These SIP approvals became effective prior to 
January 16, 2008. Therefore, as discussed above, the automatic FIP 
withdrawal provisions, which became effective on January 16, 2008, do 
not apply. EPA promulgated the FIPs based on findings that the affected 
states had failed to submit SIPs to address the requirements of CAA 
110(a)(2)(D)(i). EPA's approval of the full CAIR SIPs corrects the 
110(a)(2)(D)(i) deficiency for the listed states and thus also removes 
the basis for the FIPs in that state.
    All of these 12 states have chosen to participate in the EPA-
administered trading programs that EPA provided in the CAIR as highly 
cost-effective options for meeting the CAIR requirements. The SIP 
approval actions provide details on the states' trading programs. 
Except for Louisiana, the full SIPs address all of the CAIR 
requirements in the state. Louisiana adopted a full SIP to address the 
SO2 requirements for PM2.5, but adopted an abbreviated SIP to address 
the annual and ozone season NOX requirements for PM2.5 and 
ozone. Therefore, EPA is only withdrawing the FIP SO2 requirements in 
Louisiana. The EPA has not yet taken any action under the relevant FIP 
trading programs for these states, such as recording the initial set of 
NOX allocations, that would preclude EPA from fully 
withdrawing the FIPs in these states.
    The final CAIR SIP approvals were published in the Federal Register 
on the dates given below.
Alabama
    EPA's full approval of Alabama's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published on October 1, 2007 (72 FR 55659) 
and effective on October 31, 2007. Therefore, EPA is withdrawing the 
CAIR FIP requirements for Alabama under 40 CFR 52.54 for annual and 
ozone season NOX emissions and under 40 CFR 52.55 for to 
SO2 emissions.
Arkansas
    EPA's full approval of Arkansas's CAIR SIP for the 8-hour ozone 
NAAQS was published on September 26, 2007 (72 FR 54556) and effective 
November 26, 2007. Therefore, EPA is withdrawing the CAIR FIP 
requirements for Arkansas under 40 CFR 52.184 for ozone season 
NOX emissions.
Florida
    EPA's full approval of Florida's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published October 12, 2007 (72 FR 58016) and 
effective November 13, 2007. Therefore, EPA is withdrawing the CAIR FIP 
requirements for Florida under 40 CFR 52.540 for annual and ozone 
season NOX emissions and under 40 CFR 52.541 for 
SO2 emissions.
Georgia
    EPA's full approval of Georgia's CAIR SIP for the PM2.5 
NAAQS was published on October 9, 2007 (72 FR 57202) and effective 
November 8, 2007. Therefore, EPA is withdrawing the CAIR FIP 
requirements for Georgia under 40 CFR 52.584 for annual NOX 
emissions and under 40 CFR 52.585 for SO2 emissions.
Illinois
    EPA's full approval of Illinois' CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published on October 16, 2007 (72 FR 58528) 
and effective December 17, 2007. Therefore, EPA is withdrawing the CAIR 
FIP requirements for Illinois under 40 CFR 52.745 for annual and ozone 
season NOX emissions and under 40 CFR 52.746 for 
SO2 emissions.
Iowa
    EPA's full approval of Iowa's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published August 6, 2007 (72 FR 43539) and 
effective September 5, 2007. Therefore, EPA is withdrawing the CAIR FIP 
requirements for Iowa under 40 CFR 52.840 for annual and ozone season 
NOX emissions and under 40 CFR 52.841 for SO2 
emissions.
Kentucky
    EPA's full approval of Kentucky's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published October 4, 2007 (72 FR 56623) and 
effective December 3, 2007. Therefore, EPA is withdrawing the CAIR FIP 
requirements for Kentucky under 40 CFR 52.940 for annual and ozone 
season NOX emissions and under 40 CFR 52.941 for 
SO2 emissions.
Louisiana
    EPA's approval of Louisiana's full CAIR SO2 SIP for the 
PM2.5 NAAQS was published on July 20, 2007 (72 FR 39741) and 
effective on September 18, 2007. Therefore, EPA is withdrawing the FIP 
requirements for Alabama under 40 CFR part 52.985 for SO2 
emissions. (Louisiana adopted an abbreviated SIP for annual and ozone 
season NOX

[[Page 22821]]

emissions for the PM2.5 and 8-hour ozone NAAQS, respectively 
(72 FR 55064; September 28, 2007).)
Massachusetts
    EPA's approval of Massachusetts's CAIR SIP for the ozone NAAQS was 
published on December 3, 2007 (72 FR 67854) and effective on December 
3, 2007. Therefore, EPA is withdrawing the CAIR FIP requirements for 
Massachusetts under 40 CFR 52.1140 for ozone season NOX 
emissions.
Mississippi
    EPA's approval of Mississippi's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published October 3, 2007 (72 FR 56268) and 
effective on November 2, 2007. Therefore, EPA is withdrawing the CAIR 
FIP requirements for Mississippi under 40 CFR 52.1284 for annual and 
ozone season NOX emissions and under 40 CFR 52.1285 for 
SO2 emissions.
Missouri
    EPA's approval of Missouri's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published on December 14, 2007 (72 FR 71073) 
and effective on December 14, 2007. Therefore, EPA is withdrawing the 
CAIR FIP requirements for Missouri under 40 CFR 52.1341 for annual and 
ozone season NOX emissions and under 40 CFR 52.1342 for 
SO2 emissions.
Virginia
    EPA's approval of Virginia's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published on December 28, 2007 (72 FR 73602) 
and effective on December 28, 2007. Therefore, EPA is withdrawing the 
CAIR FIP requirements for Virginia under 40 CFR 52.2440 for annual and 
ozone season NOX emissions and under 40 CFR 52.2441 for 
SO2 emissions.

B. Removal of CAIR FIP Regulatory Text for New York and Connecticut

    EPA is also taking ministerial action to remove the CAIR FIP 
regulatory text for Connecticut and New York. The CAIR SIP approvals 
for these states became effective after the January 16, 2008 effective 
date of EPA's automatic FIP withdrawal rule (72 FR 62338; November 2, 
2007). Therefore, the FIPs for these states were automatically 
withdrawn pursuant to that rule. This current action removes the 
associated FIP regulatory text to reflect that the FIPs have been 
withdrawn.
    EPA's approval of Connecticut's CAIR SIP for the 8-hour ozone NAAQS 
was published and effective on January 24, 2008 (73 FR 4105). 
Therefore, the CAIR FIP for Connecticut was withdrawn on January 24, 
2008 and EPA is removing the CAIR FIP regulatory text for Connecticut 
under 40 CFR 52.386 for ozone season NOX emissions.
    EPA's approval of New York's CAIR SIP for the 8-hour ozone and 
PM2.5 NAAQS was published and effective on January 24, 2008 
(73 FR 4109). Therefore, the CAIR FIPs for New York were withdrawn on 
January 24, 2008 and EPA is removing the CAIR FIP regulatory text for 
New York under 40 CFR 1684 for annual and ozone season NOX 
emissions and under 40 CFR 52.1685 for SO2 emissions. To 
meet the CAIR requirements, Connecticut and New York both chose to 
participate in the EPA-administered cap and trade programs that EPA 
provided in the CAIR.
    In the future, EPA will be removing the CAIR FIP regulatory text 
for a state in the context of the CAIR SIP approval action for the 
state. Thus, a separate action to remove the CAIR FIP regulatory text 
will not be needed.

C. Updating the CAIR FIP Regulatory Text

    This action updates the regulatory text in 40 CFR part 52 to 
reflect the withdrawal of the FIPs for the states discussed above. In 
some instances, EPA is not only removing the regulatory text, but also 
reserving the section where the regulatory text had been. This has no 
substantive impact and is being done solely to preserve the numbering 
of sections in the Code of Federal Regulations according a protocol 
established by the Office of the Federal Register.

IV. What Is the Rulemaking Procedure?

    The EPA is taking this action as a final rule without providing an 
additional opportunity for public comment or a public hearing because 
EPA finds that the Administrative Procedure Act (APA) good cause 
exemption applies here. Section 553 of the APA, 5 U.S.C. 553(b)(B), 
provides that when an Agency for good cause finds that notice and 
public procedure are impracticable, unnecessary, or contrary to public 
interest, the Agency may issue a rule without providing notice and an 
opportunity to comment.
    The EPA has determined that it is not necessary or in the public 
interest to provide a public hearing or an additional opportunity for 
public comment on this action because the withdrawal of the FIPs in 
these states is a necessary ministerial act. As explained above, once 
EPA fully approves a CAIR SIP for a state and that approval is 
effective, EPA no longer has the authority for the CAIR FIPs in that 
state. Therefore, EPA is taking this action to remove the regulatory 
text that applies the FIP requirements to sources in states listed 
above. Since the SIPs are already effective and sources in these states 
are subject to the requirements of the SIP for their state, EPA's 
withdrawal of the FIPs has no practical consequences. Further, since 
the SIP approvals remove EPA's authority for the FIPs, EPA believes it 
has no option but to withdraw the FIPs. If EPA were to decide to 
reconsider or reverse a SIP approval action, it would take any 
appropriate action with regard to the FIP at that time. For these 
reasons, it would serve no useful purpose to provide an additional 
opportunity for public comment or a public hearing on this issue.
    EPA also finds that it would be contrary to the public interest to 
delay issuing this rule in order to offer additional comment 
opportunities. Promulgation of this rule as soon as possible following 
the SIP approval serves to clarify that sources initially covered by 
the FIPs in these states are now covered by the requirements of the 
SIPs in these states.
    For these reasons, EPA hereby finds for good cause, pursuant to 
section 553 of the APA, 5 U.S.C. 553(b)(B), that it would be 
unnecessary and contrary to public interest for EPA to offer an 
additional opportunity for public comment and a public hearing on this 
rule. Therefore, pursuant to CAA 307(d)(1) the requirements of 307(d), 
including the requirement for a public hearing, do not apply to this 
action.
    Further, EPA previously provided public notice that the withdrawal 
of the FIP would be a necessary consequence of the SIP approval. In the 
CAIR FIP rulemaking, EPA explained that it would withdraw the FIP in a 
state in coordination with the CAIR SIP approval. In developing the 
FIP, EPA provided an opportunity for comment and held two public 
hearings. Further, in proposing to approve each SIP, EPA noted that the 
FIP withdrawal would be one necessary consequence of the SIP approval. 
This process provided the public with ample opportunity to comment on 
the substantive issues related to the SIP approval. To provide an 
additional opportunity for public comment and a public hearing on the 
FIP withdrawal action, which cannot alter or affect the terms of the 
SIP approval, would serve no useful purpose and is thus unnecessary.
    EPA has also determined that it is appropriate for this rule to 
become effective immediately upon publication. Section 553(d) of the 
APA allows the

[[Page 22822]]

agency to give a rule an effective date that is less than 30 days after 
the rules publication date in certain circumstances, two of which apply 
here. First, section 553(d)(1) allows the effective date to be less 
than 30 days after the publication date if the rule is ``a substantive 
rule which * * * relieves a restriction.'' This action withdraws a 
federal regulation for 12 states and thus qualifies as a substantive 
rule which relieves a restriction within the meaning of 553(d)(1). 
Second, section 553(d)(3) also allows the effective date to be less 
than 30 days after the publication date ``as otherwise provided by the 
agency for good cause found and published with the rule.'' As explained 
above, promulgation of this rule as soon as possible following the SIP 
approval serves to clarify that sources initially covered by the FIPs 
in these states are now covered by the requirements of the states' SIP.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' and, therefore, is not subject to review by the Office of 
Management and Budget. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). The FIP withdrawal does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.). Because EPA has made a ``good cause'' 
finding that this action is not subject to notice-and-comment 
requirements under the APA or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104B4). In addition, this 
action does not significantly or uniquely affect small governments or 
impose a significant intergovernmental mandate, as described in 
sections 203 and 204 of the UMRA.
    This FIP withdrawal rule does not have substantial direct effects 
on the states, or on the relationship between the national government 
and the states, or on the distribution of power and responsibilities 
among the various levels of government, as specified in Executive Order 
13132, Federalism (64 FR 43255, August 10, 1999).
    This action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified in Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The FIP withdrawal rule is not subject to 
Executive Order 13045, Protection of Children from Environmental Health 
and Safety Risks (62 FR 19885, April 23, 1997) because this action is 
not economically significant.
    The FIP withdrawal rule is not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is 
not a significant regulatory action under Executive Order 12866.
    The FIP withdrawal rule does not involve changes to technical 
standards related to test methods or monitoring methods; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
    The FIP withdrawal rule also does not involve special consideration 
of environmental justice-related issues as required by Executive Order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 of the CRA provides an 
exception to this requirement. For any rule for which an agency for 
good cause finds that notice and comment are impracticable, 
unnecessary, or contrary to the public interest, the rule may take 
effect on the date set by the Agency. The EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The 
final rule will be effective on April 28, 2008.
    The EPA's compliance with the above statutes and Executive Orders 
for the underlying rules are discussed in section X of the CAIR at 70 
FR 25305 and in section IX of the CAIR FIPs at 71 FR 25365.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Electric utilities, Intergovernmental relations, 
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated: April 16, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, part 52 of chapter I of 
title 40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart B--Alabama


Sec.  52.54  [Removed and reserved]

0
2. Section 52.54 is removed and reserved.


Sec.  52.55  [Removed and reserved]

0
3. Section 52.55 is removed and reserved.

Subpart E--Arkansas


Sec.  52.184  [Removed]

0
4. Section 52.184 is removed.

Subpart H--Connecticut


Sec.  52.386  [Removed]

0
5. Section 52.386 is removed.

Subpart K--Florida


Sec.  52.540  [Removed]

0
6. Section 52.540 is removed.


Sec.  52.541  [Removed]

0
7. Section 52.541 is removed.

Subpart L--Georgia


Sec.  52.584  [Removed]

0
8. Section 52.584 is removed.


Sec.  52.585  [Removed]

0
9. Section 52.585 is removed.

Subpart O--Illinois


Sec.  52.745  [Removed]

0
10. Section 52.745 is removed.


Sec.  52.746  [Removed]

0
11. Section 52.746 is removed.

Subpart Q--Iowa


Sec.  52.840  [Removed]

0
12. Section 52.840 is removed.

[[Page 22823]]

Sec.  52.841  [Removed]

0
13. Section 52.841 is removed.

Subpart S--Kentucky


Sec.  52.940  [Removed]

0
14. Section 52.940 is removed.


Sec.  52.941  [Removed]

0
15. Section 52.941 is removed.

Subpart T--Louisiana


Sec.  52.985  [Removed and reserved]

0
16. Section 52.985 is removed and reserved.

Subpart W--Massachusetts


Sec.  52.1140  [Removed and reserved]

0
17. Section 52.1140 is removed and reserved.

Subpart Z--Mississippi


Sec.  52.1284  [Removed]

0
18. Section 52.1284 is removed.


Sec.  52.1285  [Removed]

0
19. Section 52.1285 is removed.

Subpart AA--Missouri


Sec.  52.1341  [Removed]

0
20. Section 52.1341 is removed.


Sec.  52.1342  [Removed]

0
21. Section 52.1342 is removed.

Subpart HH--New York


Sec.  52.1684  [Removed]

0
22. Section 52.1684 is removed.


Sec.  52.1685  [Removed]

0
23. Section 52.1685 is removed.

Subpart VV--Virginia


Sec.  52.2440  [Removed and reserved]

0
24. Section 52.2440 is removed and reserved.


Sec.  52.2441  [Removed and reserved]

0
25. Section 52.2441 is removed and reserved.

[FR Doc. E8-9219 Filed 4-25-08; 8:45 am]
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