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



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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 Removal of outdated material from the air 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

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

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    This action is a ``housekeeping'' exercise that is being taken 
pursuant to Executive Order 13563--Improving Regulation and Regulatory 
Review. One aspect of this action involves an effort to reduce the 
number of pages in the CFR by identifying those provisions in 40 CFR 
part 52 that are duplicative, outdated or obsolete. This action 
pertains to eight subparts in 40 CFR part 52 for eight states. Those 
eight states are Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina and Tennessee.
    EPA is removing/revising provisions from these states' subparts of 
40 CFR part 52 because they are outdated or obsolete in whole or in 
part. This action also revises certain CFR provisions by correcting 
state agencies' office addresses and correcting CFR publication errors 
in two provisions. One aspect of EPA's action, affecting all eight 
states, removes historical information found in the ``Original 
Identification of plan'' sections in 40 CFR part 52. These paragraphs 
are no longer necessary because EPA promulgated summary tables to 
replace these paragraphs in previous administrative actions that are 
described in more detail below. These summary tables describe the 
regulations, source-specific actions, and non-regulatory requirements 
which comprise the SIPs for the eight states.
    Although this action will remove outdated or obsolete information 
from future CFR publications, this historical information will continue 
to be available in the CFR annual editions, Title 40 part 52 (years 
1999 through 2012). These annual editions are available on line at the 
following Uniform Resource Locator (url) address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

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

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

A. Alabama

Sec.  52.53 Approval Status
    Paragraph 52.53, the third sentence states, ``In addition, 
continued satisfaction of the requirements of part D for the ozone 
portion of the SIP depends on the adoption and submittal of reasonably 
available control technology (RACT) requirements by July 1, 1980 for 
the sources covered by control technique guidelines (CTGs) issued 
between January 1978 and January 1979 and adoption and submittal by 
each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.'' This sentence is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 Clean Air Act (CAA 
or Act), and the State has no further obligation to adopt and submit 
CTG based RACT requirements under the 1977 CAA.
Sec.  52.56 Review of New Sources and Modifications
    Paragraph 52.56 refers to conditional approval of Alabama's 
Nonattainment New Source Review (NSR) program based on a commitment 
that Alabama submit necessary corrections by March 9, 1984. Section 
110(k)(4) of the CAA limits the duration of conditional approvals, 
i.e., the State is required to adopt the required revisions by no later 
than one year of the issuance of the conditional approval. However, on 
November 2, 1983, EPA postponed calling for the regulatory changes 
required under the conditional approval. See 48 FR 50686. This 
paragraph is obsolete because the conditional approval referenced is no 
longer applicable to the Alabama nonattainment NSR program and is 
therefore being removed. Also note that Alabama's NSR program was 
approved into the Alabama SIP at section 52.50(c).
Sec.  52.66 Control Strategy: Ozone
    Paragraph 52.66 describes the disapproval of Alabama's March 16, 
1995, redesignation request for the Birmingham marginal 1-hour ozone 
nonattainment area and required Alabama to submit an attainment 
demonstration by April 27, 2001. This paragraph is obsolete and is 
being removed because EPA has subsequently redesignated Birmingham for 
the 1-hour and 8-hour ozone national ambient air quality standards 
(NAAQS). See 69 FR 11798 and 71 FR 27636; see also 40 CFR 52.50(e).
Sec.  52.69 Original Identification of Plan Section
    Paragraphs 52.69(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Alabama SIP which 
occurred between May 31, 1972, and December 1, 1998. On December 22, 
1998 (63 FR 70669), EPA reorganized the Identification of plan section 
in subpart B by moving the historical SIP information in section 52.50 
to paragraphs 52.69(b) and (c), and adding tables that summarize 
Alabama's SIP in paragraphs 52.50(a) through (e). Paragraphs 52.69(b) 
and (c) are being removed because EPA has determined that it is no 
longer necessary to include these paragraphs because the contents of

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the currently approved SIP are now identified in 52.50(a) through (e). 
Paragraph 52.69(a) is being amended to state that this historical 
information will continue to be available in the CFR annual editions, 
Title 40 part 52 (years 1999 through 2012). These annual editions are 
available on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

B. Florida

Sec.  52.522 Approval Status
    Paragraph 52.522, the third sentence states, ``In addition, 
continued satisfaction of the requirements of part D for the ozone 
portion of the SIP depends on the adoption and submittal of reasonably 
available control technology (RACT) requirements by July 1, 1980 for 
the sources covered by control technique guidelines (CTGs) issued 
between January 1978 and January 1979 and adoption and submittal by 
each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.'' This sentence is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT SIP 
requirements under the 1977 CAA.
Sec.  52.524 Compliance Schedules
    Paragraphs 52.524(a) and (b) were promulgated on June 20, 1973 (38 
FR 16144) and August 23, 1973 (38 FR 22736), respectively. At that time 
there were issues as to whether plants could comply with SIP-approved 
emission standards for SO2 because of a lack of available 
low-sulfur coal and the availability of air pollution control 
equipment. These paragraphs set forth compliance schedules by which 
boilers or furnaces subject to the emission limitation requirements in 
Florida Regulations (subsection 17-2.04) must come into compliance with 
the applicable emission limitations for SO2. This section is 
obsolete. The dates listed in this compliance schedule have long since 
passed. EPA has therefore determined that it is no longer necessary to 
codify the information found in paragraphs 52.524(a) and (b). Paragraph 
52.524(a) is being amended to state that this historical information 
will continue to be available in the CFR annual editions, Title 40 part 
52 (years 1999 through 2012). These annual editions are available on 
line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
Sec.  52.527 Control Strategy: General
    Paragraph 52.527(a), was added when a Florida April 7, 1980, 
submission concerning a testing and research rule was disapproved by 
EPA on November 17, 1983 (see 48 FR 52303). As the rule was not 
approved into the Florida SIP, EPA has deemed this section referencing 
the 1983 disapproval to be obsolete and it is therefore being removed.
Sec.  52.532 Extension
    Paragraph 52.532 gave Florida an extension until July 1, 1980, to 
submit plans to attain and maintain the secondary particulate matter 
standard in Jacksonville and Tampa nonattainment areas. The secondary 
particulate matter Florida maintenance plan for these areas was 
approved on May 2, 1993 (48 FR 19715). This paragraph is therefore 
obsolete and is being removed.
Sec.  52.536 Original Identification of Plan Section
    Paragraphs 52.536(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Florida SIP which 
occurred between May 31, 1972, and July 1, 1998. On June 16, 1999 (64 
FR 32346), EPA reorganized the Identification of plan section in 
subpart K by moving the historical SIP information in section 52.520 to 
paragraphs 52.536(b) and (c), and adding tables that summarize 
Florida's SIP in paragraphs 52.520(a) through (e). Paragraphs 52.536(b) 
and (c) are being removed because EPA has determined that it is no 
longer necessary to include these paragraphs because the contents of 
the currently approved SIP are now identified in 52.520(a) through (e). 
Paragraph 52.536(a) is being amended to state that this historical 
information will continue to be available in the CFR annual editions, 
Title 40 part 52 (years 1999 through 2012). These annual editions are 
available on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

C. Georgia

Sec.  52.590 Original Identification of Plan Section
    Paragraphs 52.590(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Georgia SIP which 
occurred between May 31, 1972, and December 1, 1998. On May 21, 1999 
(64 FR 27699), EPA reorganized the Identification of plan section in 
subpart L by moving the historical SIP information in section 52.570 to 
paragraphs 52.590(b) and (c), and adding tables that summarize 
Georgia's SIP in paragraphs 52.570(a) through (e). Paragraphs 52.590(b) 
and (c) are being removed because EPA has determined that it is no 
longer necessary to include these paragraphs because the contents of 
the currently approved SIP are now identified in 52.570(a) through (e). 
Paragraph 52.590(a) is being amended to state that this historical 
information will continue to be available in the CFR annual editions, 
Title 40 part 52 (years 1999 through 2012). These annual editions are 
available on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

D. Kentucky

Sec.  52.923 Approval Status
    Paragraph 52.923(a), the third sentence states, ``In addition, 
continued satisfaction of the requirements of part D for the ozone 
portion of the SIP depends on the adoption and submittal of reasonably 
available control technology (RACT) requirements by July 1, 1980 for 
the sources covered by control technique guidelines (CTGs) issued 
between January 1978 and January 1979 and adoption and submittal by 
each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.'' This paragraph is 
obsolete. It is being removed because the current ozone portion of the 
Commonwealth's SIP is subject to the 1990 CAA, and the Commonwealth has 
no further obligation to adopt and submit CTG based RACT requirements 
under the 1977 CAA.
Sec.  52.926 Attainment Dates for National Standards
    Paragraph 52.926 presents the latest dates by which historical 
national standards were to be attained. This section is obsolete and is 
being removed. The latest of these dates was December 31, 1987. All of 
these attainment dates have been superseded by the 1990 CAA and by 
revised attainment dates for CO, NO2, ozone, PM, and 
SO2 in response to the issuance of revised NAAQS. See 40 CFR 
part 50 and 76 FR 54294 for CO.
Sec.  52.927 Compliance Schedules
    Sections 52.927(a) and (b) were promulgated on June 20, 1973 (38 FR 
16144) and revised several times. At that time there were issues as to 
whether plants could comply with SIP approved emission standards for 
SO2

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because of a lack of available low-sulfur coal and the availability of 
air pollution control equipment. These paragraphs set forth compliance 
schedules by which boilers or furnaces subject to the emission 
limitation requirements in Kentucky Regulations must come into 
compliance with the applicable emission limitations for SO2. 
This section is obsolete. The dates listed in this compliance schedule 
have long since passed. EPA has therefore determined that it is no 
longer necessary to codify the information found in paragraphs 
52.927(a) and (b). Paragraph 52.927(a) is being amended to state that 
this historical information will continue to be available in the CFR 
annual editions, Title 40 part 52 (years 1999 through 2012). These 
annual editions are available on line at the following url address: 
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR
Sec.  52.931 Significant Deterioration of Air Quality
    Paragraph 52.931(d) is being revised to correct the addresses for 
the Commonwealth of Kentucky, Energy and Environment Cabinet, 
Department of Environmental Protection, and Louisville Metro Air 
Pollution Control District.
Sec.  52.934 VOC Rule Deficiency Correction
    Paragraphs 52.934(a) and (b) of this section contains historical 
information only about EPA's approval actions of regulations for the 
Jefferson County portion of the Commonwealth of Kentucky SIP. On 
October 23, 2001 (66 FR 53658), EPA reorganized the Identification of 
plan section for subpart S by adding tables that summarize the 
Jefferson County portion of the Commonwealth of Kentucky's SIP in 
paragraphs 52.920(a) through (e). Paragraphs 52.934(a) and (b) are 
being removed because EPA has determined that it is no longer necessary 
to include these paragraphs because the contents of the Jefferson 
County portion of the currently approved SIP are now identified in 
52.920(a) through (e). Paragraph 52.939(a) is being amended to state 
that this historical information from paragraphs 52.934(a) and (b) will 
continue to be available in the CFR annual editions, Title 40 part 52 
(years 1999 through 2012). These annual editions are available on line 
at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. Paragraph 52.934(c) noted 
deficiencies with and required corrections to an emissions trading rule 
for Jefferson County. This paragraph is obsolete and is being removed 
because EPA has subsequently redesignated Jefferson County for the 1997 
8-hour ozone NAAQS (see 72 FR 36601 (July 5, 2007)) and this rule was 
never approved into the SIP.
Sec.  52.939 Original Identification of Plan Section
    Paragraphs 52.939(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Kentucky SIP 
which occurred between May 31, 1972, and March 1, 1999. On May 27, 1999 
(64 FR 28748), EPA reorganized the Identification of plan section 
(section 52.920) for subpart S by moving the historical SIP information 
in section to 52.939(b) and (c) and adding tables that summarize 
Kentucky's SIP in paragraphs 52.920(a) through (e). Paragraphs 
52.939(b) and (c) are being removed because EPA has determined that it 
is no longer necessary to include these paragraphs because the contents 
of the currently approved SIP are now identified in 52.920(a) through 
(e). Paragraph 52.939(a) is being amended to state that this historical 
information will continue to be available in the CFR annual editions, 
Title 40 part 52 (years 1999 through 2012). These annual editions are 
available on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

E. Mississippi

Sec.  52.1272 Approval Status
    Paragraph 52.1272(b) is being removed because the language was 
removed in a prior EPA final action (see 76 FR 5274 (January 31, 
2011)), but this paragraph was not removed from 40 CFR 52.
Sec.  52.1281 Original Identification of Plan Section
    Paragraphs 52.1281(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Mississippi SIP 
which occurred between May 31, 1972, and July 1, 1997. On July 1, 1997 
(62 FR 35441), EPA reorganized the Identification of plan section 
(section 52.1270) for subpart Z by moving the historical SIP 
information in 52.1270 to paragraphs 52.1281(b) and (c), and adding 
tables that summarize Mississippi's SIP in paragraphs 52.1270 (a) 
through (e). Paragraphs 52.1281(b) and (c) are being removed because 
EPA has determined that it is no longer to include these paragraphs 
because the contents of the currently approved SIP are now identified 
in 52.1270(a) through (e). Paragraph 52.1281(a) is being amended to 
state that this historical information will continue to be available in 
the CFR annual editions, Title 40 part 52 (years 1999 through 2012). 
These annual editions are available on line at the following url 
address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

F. North Carolina

Sec.  52.1772 Approval Status
    Paragraph 52.1772(a), the third sentence states, ``In addition, 
continued satisfaction of the requirements of part D for the ozone 
portion of the SIP depends on the adoption and submittal of reasonably 
available control technology (RACT) requirements by July 1, 1980 for 
the sources covered by control technique guidelines (CTGs) issued 
between January 1978 and January 1979 and adoption and submittal by 
each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.'' This paragraph is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT 
requirements under the 1977.
Sec.  52.1778 Significant Deterioration of Air Quality
    Paragraph 52.1778(c) is being revised to correct the agency title 
and/or address for Mecklenburg County and Forsyth County.
Sec.  52.1780 VOC Rule Deficiency Correction
    Paragraph 52.1780 requires North Carolina to correct a deficiency 
regarding capture control device efficiency, citing state requirement 
2D.914. The information in this section is obsolete and is being 
removed because the correction to 2D.0914 was approved on November 10, 
1999 (64 FR 61213) and is codified in paragraph 52.1770(c).
Sec.  52.1783 Original Identification of Plan Section
    Paragraphs 52.1783(b) and (c) of this section contains historical 
information only about EPA's approval actions for the North Carolina 
SIP which occurred between May 31, 1972, and December 1, 1998. On May 
20, 1999 (64 FR 27465), EPA reorganized the Identification of plan 
section (section 52.1770) for subpart II by moving the historical SIP 
information in section 52.1770 to paragraphs 52.69(b) and (c), and 
adding

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tables that summarize North Carolina's SIP in paragraphs 52.1770 (a) 
through (e). Paragraphs 52.1783(b) and (c) are being removed because 
EPA has determined that it is no longer necessary to include these 
paragraphs because the contents of the currently approved SIP are now 
identified in 52.1770(a) through (e). Paragraph 52.1783(a) is being 
amended to state that this historical information will continue to be 
available in the CFR annual editions, Title 40 part 52 (years 1999 
through 2012). These annual editions are available on line at the 
following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

G. South Carolina

Sec.  52.2122 Approval Status
    Paragraph 52.2122(a), the third sentence states, ``In addition, 
continued satisfaction of the requirements of part D for the ozone 
portion of the SIP depends on the adoption and submittal of reasonably 
available control technology (RACT) requirements by July 1, 1980 for 
the sources covered by control technique guidelines (CTGs) issued 
between January 1978 and January 1979 and adoption and submittal by 
each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.'' This paragraph is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT 
requirements under the 1977 CAA.
Sec.  52.2130 Control Strategy: Sulfur Oxides and Particulate Matter
    This section is being revised to correctly reflect that Bowater is 
not part of SCE & G. The sentence currently reads ``This certification 
does not apply to Public Service Authority--Winyah, SCE & G--Bowater, 
and SCE & G--Williams.'' and should read ``This certification does not 
apply to Public Service Authority--Winyah, Bowater, and SCE & G--
Williams.''
Sec.  52.2134 Original Identification of Plan Section
    Paragraphs 52.2134(b) and (c) of this section contains historical 
information only about EPA's approval actions for the South Carolina 
SIP which occurred between May 31, 1972, and July 1, 1997. On July 1, 
1997 (62 FR 35441), EPA reorganized the Identification of plan section 
in subpart PP by moving the historical SIP information in 52.2120 to 
paragraphs 52.2134(b) and (c), and adding tables that summarize South 
Carolina's SIP in paragraphs 52.2120 (a) through (e). Paragraphs 
52.2134(b) and (c) are being removed because EPA has determined that it 
is no longer necessary to include these paragraphs because the contents 
of the currently approved SIP are now identified in 52.2120(a) through 
(e). Paragraph 52.2134(a) is being amended to state that this 
historical information will continue to be available in the CFR annual 
editions, Title 40 part 52 (years 1999 through 2012). These annual 
editions are available on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

H. Tennessee

Sec.  52.2222 Approval Status
    Paragraph 52.2222(a), the third sentence states, ``In addition, 
continued satisfaction of the requirements of part D for the ozone 
portion of the SIP depends on the adoption and submittal of reasonably 
available control technology (RACT) requirements by July 1, 1980 for 
the sources covered by control technique guidelines (CTGs) issued 
between January 1978 and January 1979 and adoption and submittal by 
each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.'' This paragraph is 
obsolete. It is being removed because the current ozone portion of the 
State's implementation plan is subject to the 1990 CAA, and the State 
has no further obligation to adopt and submit CTG based RACT 
requirements under the 1977 CAA.
    Paragraph 52.2222(c) of this section contains historical 
information only about EPA's approval actions of regulations for the 
Nashville-Davidson County portion of the Tennessee SIP. On October 6, 
2005 (70 FR 58321), EPA reorganized the Identification of plan section 
(section 52.2220) for subpart RR by summarizing Nashville-Davidson 
County portion of the Tennessee's SIP in paragraphs 52.2220(a) through 
(e). Paragraph 52.2222(c) is being removed because EPA has determined 
that it is no longer necessary to include the information found in this 
paragraph because the contents of the currently approved Nashville-
Davidson portion of the SIP are now identified in 52.2220(a) through 
(e). Paragraph 52.2239(a) is being amended to state that this 
historical information from paragraph 52.2222(c) will continue to be 
available in the CFR annual editions, Title 40 part 52 (years 1999 
through 2012). These annual editions are available on line at the 
following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
Sec.  52.2223 Compliance Schedules
    Sections 52.2223(a), (b), (c), (d), (e) and (f) were promulgated on 
June 20, 1973 (38 FR 16144) and revised several times. At that time 
there were issues as to whether plants could comply with SIP approved 
emission standards for SO2 because of a lack of available 
low-sulfur coal and the availability of air pollution control 
equipment. These paragraphs set forth compliance schedules by which 
boilers or furnaces subject to the emission limitation requirements in 
Tennessee Regulations must come into compliance with the applicable 
emission limitations for SO2. This section is obsolete. The 
dates listed in this compliance schedule have long since passed. EPA 
has therefore determined that it is no longer necessary to codify the 
information found in paragraphs 52.2223(a), (b, (c), (d), (e) and (f). 
Paragraph 52.2223(a) is being amended to state that this historical 
information will continue to be available in the CFR annual editions, 
Title 40 part 52 (years 1999 through 2012). These annual editions are 
available on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
Sec.  52.2226 Extensions
    Section 52.2226 codifies two attainment plan submittal extensions 
for specific areas in Tennessee. Both extensions were until July 1, 
1980. Section 52.2226 is obsolete and is being removed because EPA has 
determined that it is no longer necessary to codify the expired 
extensions found in this section.
Sec.  Attainment Dates for National Standards
    Section 52.2230 presents the latest dates by which historical 
national standards were to be attained. This entire section is obsolete 
and is being removed. The latest of these dates was December 31, 1987. 
All of these attainment dates have been superseded by the 1990 CAA and 
by revised attainment dates for CO, NO2, ozone, PM, and 
SO2 in response to the issuance of revised NAAQS. See 40 CFR 
part 50 and 76 FR 54294 for CO.
Sec.  Significant Deterioration of Air Quality
    Section 52.2233(c)(1) is being revised to update the addresses of 
the State and Local Agencies.

[[Page 30049]]

Sec.  Original Identification of Plan Section
    Paragraphs 52.2239(b) and (c) of this section contains historical 
information only about EPA's approval actions for the Tennessee SIP 
which occurred between May 31, 1972, and December 1, 1998. On June 30, 
1999 (64 FR 35009), EPA reorganized the Identification of plan section 
in subpart RR by moving the historical SIP information in section 
52.2220 to paragraphs 52.2239(b) and (c), and adding tables that 
summarize Tennessee's SIP in paragraphs 52.2220(a) through (e). 
Paragraphs 52.2239(b) and (c) are being removed because EPA has 
determined that it is no longer necessary to include these paragraphs 
because the contents of the currently approved SIP are now identified 
in 52.2220(a) through (e). Paragraph 52.2239(a) is being amended to 
state that this historical information will continue to be available in 
the CFR annual editions, Title 40 part 52 (years 1999 through 2012). 
These annual editions are available on line at the following url 
address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

III. Final Action

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

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the 
Agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the APA or any other 
statute as indicated above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act (UMRA) of 1995 (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This action merely removes rules from subparts of 40 CFR 
part 52 because they pertain to state regulations that are outdated or 
legally obsolete in whole or in part and impose no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely removes rules from subparts of 40 CFR part 52 because they 
pertain to state regulations that are outdated or legally obsolete in 
whole or in part and does not impose any additional enforceable duty 
beyond that required by state law, does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This rule also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely removes rules from 
subparts of 40 CFR part 52 because they pertain to state regulations 
that are outdated or legally obsolete in whole or in part and does not 
alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant. In addition, this rule does not 
involve technical standards, thus the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply. This rule also does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), nor does it provide EPA with the 
discretionary authority to address, as appropriate, disproportionate 
human health or environmental effects, using practicable and legally 
permissible methods, under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. Because EPA has made a 
``good cause''). As explained above, the Agency has made a ``good 
cause'' finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest, therefore this rule 
will be effective upon publication. 5 U.S.C. 808(2). EPA will submit a 
report containing this action and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

[[Page 30050]]

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

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Environmental Protection 
Agency, Incorporation by reference, Intergovernmental relations, Lead, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 13, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

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


Sec.  52.53  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Alabama's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of 
part D, title 1, of the Clean Air Act as amended in 1977.


Sec.  52.56  [Removed and Reserved]

0
3. Section 52.56 is removed and reserved.


Sec.  52.66  [Removed and Reserved]

0
5. Section 52.66 is removed and reserved.

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


Sec.  52.69  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Alabama'' and all revisions submitted by Alabama that 
were federally approved prior to December 1, 1998. The information in 
this section is available in the 40 CFR, part 52 edition revised as of 
July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Sec. Sec.  52.01 to 
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and 
the 40 CFR, part 52, Volume 1 of 3 (Sec. Sec.  52.01 to 52.1018) 
editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart K--Florida

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


Sec.  52.522  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Florida's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of part D, title 1, of the Clean Air Act as amended in 
1977.
* * * * *

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


Sec.  52.524  Compliance schedule.

    (a) The information in this section is available in the 40 CFR, 
part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 
1 of 2 (Sec. Sec.  52.01 to 52.1018) editions revised as of July 1, 
2000 through July 1, 2011, and the 40 CFR, part 52, Volume 1 of 3 
(Sec. Sec.  52.01 to 52.1018) editions revised as of July 1, 2012.
    (b) [Reserved]


Sec.  52.527  [Removed and Reserved]

0
9. Section 52.527 is removed and reserved.


Sec.  52.532  [Removed and Reserved]

0
10. Section 52.532 is removed and reserved.

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


Sec.  52.536  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Florida'' and all revisions submitted by Florida that 
were federally approved prior to July 1, 1998. The information in this 
section is available in the 40 CFR, part 52 edition revised as of July 
1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Sec. Sec.  52.01 to 
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and 
the 40 CFR, part 52, Volume 1 of 3 (Sec. Sec.  52.01 to 52.1018) 
editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart L--Georgia

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


Sec.  52.590  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Georgia'' and all revisions submitted by Georgia that 
were federally approved prior to December 1, 1998. The information in 
this section is available in the 40 CFR, part 52 edition revised as of 
July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Sec. Sec.  52.01 to 
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and 
the 40 CFR, part 52, Volume 1 of 3 (Sec. Sec.  52.01 to 52.1018) 
editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart S--Kentucky

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


Sec.  52.923  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Kentucky's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of part D, title 1, of the Clean Air Act as amended in 
1977.
* * * * *


Sec.  52.926  [Removed and Reserved]

0
14. Section 52.934 is removed and reserved.

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


Sec.  52.927  Compliance schedule.

    (a) The information in this section is available in the 40 CFR, 
part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 
1 of 2 (Sec. Sec.  52.01 to 52.1018) editions revised as of July 1, 
2000 through July 1, 2011, and the 40 CFR, part 52, Volume 1 of 3 
(Sec. Sec.  52.01 to 52.1018) editions revised as of July 1, 2012.
    (b) [Reserved]

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


Sec.  52.931  Significant deterioration of air quality.

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

[[Page 30051]]

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


Sec.  52.934  [Removed and Reserved]

0
17. Section 52.934 is removed and reserved.

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


Sec.  52.939  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Kentucky'' and all revisions submitted by Kentucky 
that were federally approved prior to March 1, 1999. The information in 
this section is available in the 40 CFR, part 52 edition revised as of 
July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Sec. Sec.  52.01 to 
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and 
the 40 CFR, part 52, Volume 1 of 3 (Sec. Sec.  52.01 to 52.1018) 
editions revised as of July 1, 2012. The Jefferson County portion of 
the Commonwealth of Kentucky's SIP previously identified in section 
52.934(a) and (b) is also available in the above editions.

Subpart Z--Mississippi

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


Sec.  52.1272  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Mississippi's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of part D, title 1, of the Clean Air Act as amended in 
1977.
    (b) [Reserved]

0
20. Section 52.1281 is revised to read as follows:


Sec.  52.1281  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Mississippi'' and all revisions submitted by 
Mississippi that were federally approved prior to July 1, 1997. The 
information in this section is available in the 40 CFR, part 52 edition 
revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 
(Sec. Sec.  52.1019 to End) editions revised as of July 1, 2000 through 
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec.  
52.1019 to 52.2019) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart II--North Carolina

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


Sec.  52.1772  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves North Carolina's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of part D, title 1, of the Clean Air Act as amended in 
1977.
* * * * *

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


Sec.  52.1778  Significant deterioration of air quality.

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


Sec.  52.1780  [Removed and Reserved]

0
23. Section 52.1780 is removed and reserved.

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


Sec.  52.1783  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of North Carolina'' and all revisions submitted by North 
Carolina that were federally approved prior to December 1, 1998. The 
information in this section is available in the 40 CFR, part 52 edition 
revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 
(Sec. Sec.  52.1019 to End) editions revised as of July 1, 2000 through 
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec.  
52.1019 to 52.2019) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart PP--South Carolina

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


Sec.  52.2122  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves South Carolina's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of part D, title 1, of the Clean Air Act as amended in 
1977.
* * * * *

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


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

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

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


Sec.  52.2134  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of South Carolina'' and all revisions submitted by South 
Carolina that were federally approved prior to July 1, 1997. The 
information in this section is available in the 40 CFR, part 52 edition 
revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 
(Sec. Sec.  52.1019 to End) editions revised as of July 1, 2000 through 
July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (Sec. Sec.  
52.2020 to End) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

Subpart RR--Tennessee

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

[[Page 30052]]

Sec.  52.2222  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Tennessee's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of part D, title 1, of the Clean Air Act as amended in 
1977.
* * * * *
    (c) [Reserved]

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


Sec.  52.2223  Compliance schedules.

    (a) The information in this section is available in the 40 CFR, 
part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 
1 of 2 (Sec. Sec.  52.01 to 52.1018) editions revised as of July 1, 
2000 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 
(Sec. Sec.  52.2020 to End) editions revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]
    (d) [Reserved]
    (e) [Reserved]
    (f) [Reserved]


Sec.  52.2226  [Removed and Reserved]

0
30. Section 52.2226 is removed and reserved.


Sec.  52.2230  [Removed and Reserved]

0
31. Section 52.2230 is removed and reserved.


Sec.  52.2233  Significant deterioration of air quality.

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

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


Sec.  52.2239  Original Identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Tennessee'' and all revisions submitted by Tennessee 
that were federally approved prior to December 1, 1998. The information 
in this section is available in the 40 CFR, part 52 edition revised as 
of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 (Sec. Sec.  52.1019 
to End) editions revised as of July 1, 2000 through July 1, 2011, and 
the 40 CFR, part 52, Volume 3 of 3 (Sec. Sec.  52.2020 to End) editions 
revised as of July 1, 2012. The Nashville-Davidson portion of the 
Tennessee's SIP previously identified in section 52.2222(c) is also 
available in the above editions.
    (b) [Reserved]
    (c) [Reserved]

[FR Doc. 2014-12004 Filed 5-23-14; 8:45 am]
BILLING CODE 6560-50-P