Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 33977 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0419 to read as 

follows: 

§ 165.T09–0419 Safety Zone; Flagship 

Niagara Mariners Ball Fireworks, Presque 

Isle Bay, Erie, PA. 

(a) Location. This zone will 

encompass all waters of Presque Isle 

Bay, Erie, PA within a 420 foot radius 

of position 42°08′21.5′′ N and 

80°05′16.7′′ W (NAD 83). 

(b) Effective and Enforcement Period. 

This regulation is effective and will be 

enforced on June 8, 2013, from 9:30 p.m. 

until 11 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: May 28, 2013. 

S.M. Wischmann, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2013–13426 Filed 6–5–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0955; FRL–9819–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, District of Columbia, 

Maryland, Pennsylvania, Virginia, and 

West Virginia; Removal of Obsolete 

Regulations and Updates to Citations 

to State Regulations Due to 

Recodification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to remove over fifty rules in the 

Code of Federal Regulations (CFR) at 40 

CFR part 52 for Delaware, the District of 

Columbia, Maryland, Pennsylvania, 

Virginia, and West Virginia because 

they are unnecessary or obsolete. EPA is 

also taking direct final action to clarify 

regulations in 40 CFR part 52 to reflect 

updated citations of certain Virginia 

rules due to the Commonwealth’s 

recodification of its regulations at the 

state level. These direct final actions 

make no substantive changes to these 

State Implementation Plans (SIPs) and 

impose no new requirements. In the 

proposed rules section of this Federal 

Register, EPA is also proposing to 

remove and clarify these regulations and 

is soliciting public comment. If adverse 

comments are received on the direct 

final rule, EPA will withdraw the 

portions of the final rule that triggered 

the comments. Any portions of the final 

rule for which no adverse or critical 

comment is received will become final 

after the designated period. 

DATES: This rule is effective on August 

5, 2013 without further notice, unless 

EPA receives adverse written comment 

by July 8, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of that portion of the direct 

final rule in the Federal Register which 

is adversely commented upon, and 

inform the public that that portion of 

the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0955 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: frankford.harold@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0955, 

Harold A. Frankford, Mailcode 3AP00, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0955. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108, or 

by email at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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33978 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 

I. Introduction 

This action pertains to six subparts in 

40 CFR part 52 for six states. Those six 

states are Delaware, the District of 

Columbia, Maryland, Pennsylvania, 

Virginia, and West Virginia. EPA is 

removing rules from these states’ 

subparts of 40 CFR part 52 because they 

pertain to state regulations that are 

outdated or legally obsolete in whole or 

in part. This action 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 

rules in 40 CFR part 52 that are 

duplicative, outdated or obsolete. This 

action removes several rules from 40 

CFR part 52 that no longer have any use 

or legal effect because they have been 

superseded by subsequently approved 

SIP revisions. This action also amends 

certain rules by revising incorrect or 

outdated state regulatory citations and 

state agencies’ office addresses. 

One aspect of EPA’s action, affecting 

all six 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 has 

promulgated administrative rule actions 

to replace these paragraphs with 

summary tables. These summary tables 

describe the regulations, source-specific 

actions, and non-regulatory 

requirements which comprise the SIPs 

for the six states. Another aspect of 

EPA’s action, affecting Delaware, the 

District of Columbia, Maryland, 

Pennsylvania, and Virginia, removes 

rules pertaining to regulations that 

cross-reference the California Low 

Emission Vehicle (LEV) program in 40 

CFR 51.120. These regulations have 

been replaced with EPA approvals of 

SIP revisions implementing a National 

Low Emission Vehicle (NLEV) program. 

Both of these actions are described in 

greater detail later in this document. 

II. Removal of Obsolete or Unnecessary 

Rules and Clarifications to Certain 

Rules 

The following regulations include 

rules applicable on a state-specific basis. 

EPA has reviewed these rules and found 

that they should be removed or clarified 

for the reasons set forth as follows: 

A. Delaware 

Section 52.422 Approval status. 

In paragraph 52.422(a), the second 

sentence describes EPA’s approval of 

Delaware’s ozone SIP under the 

requirements of the 1977 Clean Air Act 

(CAA). This sentence is being removed 

because EPA has subsequently approved 

Delaware SIP revisions for the 1-hour 

and 8-hour national ambient air quality 

standards (NAAQS) for ozone under the 

requirements of the 1990 CAA. See 40 

CFR 52.420(c) and (e). 

Paragraph 52.422(b) refers to a 

commitment for Delaware to adopt a 

Federal clean fuel fleet program or 

alternative substitute. This paragraph is 

being removed because the Federal 

clean fuel fleet program is no longer a 

SIP requirement. 

Section 52.432 Significant 

deterioration of air quality. 

Paragraph 52.432(a) is obsolete 

because Delaware Regulation 1125 for 

its Prevention of Significant 

Deterioration (PSD) permitting program 

has been approved into the Delaware 

SIP at section 52.420(c). Paragraph 

52.432(b) is partially redundant because 

the reference to 40 CFR 52.21(l)(2) is a 

duplication of the regulatory 

requirements of Delaware Regulation 

1125, Section 3.10 which has been 

approved at section 52.420(c). The first 

sentence of paragraph 52.423(c) is 

obsolete because Delaware’s PSD 

program is a SIP-approved program 

under 40 CFR part 51 and not a 

delegated program of the Federal PSD 

regulations found at 40 CFR 52.21. The 

last sentence of paragraph 52.423(c) is 

being revised to update the address of 

the office of the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC). Therefore, paragraph 

52.432(a) is being removed, while 

paragraphs 52.432(b) and (c) are being 

revised. 

Section 52.465 Original identification 

of plan section. 

Paragraphs 52.465(b) and (c) of this 

section, originally designated as 40 CFR 

52.420(b) and (c), contains historical 

information only about EPA’s approval 

actions for the Delaware SIP which 

occurred between May 31, 1972 and 

July 1, 1998. On December 7, 1998 (63 

FR 67407), EPA reorganized the 

Identification of plan section (section 

52.420) for subpart I by listing and 

summarizing Delaware’s currently 

approved SIP requirements in 

paragraphs 52.420(a) through (e). 

Paragraphs 52.465(b) and (c) are being 

removed because EPA has determined 

that it is no longer necessary to codify 

the information found in these 

paragraphs. Paragraph 52.465(a) is being 

amended to state that this historical 

information will continue to be made 

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?collection

Code=CFR. 

B. District of Columbia 

Section 52.472 Approval status. 

Section 52.472(b) refers to 

transportation control measures (TCMs) 

which EPA had promulgated as part of 

the District’s 1973 SIP revisions for 

photochemical oxidants and carbon 

monoxide. This paragraph is being 

removed because it is obsolete. The 

1990 CAA revised TCM requirements. 

The TCMs that currently are part of the 

SIP were approved by EPA on 

September 20, 2011 (76 FR 58116). See 

40 CFR 52.470(e). Section 52.472(f) was 

added as part of EPA’s disapproval of 

the District’s nonattainment New Source 

Review (NSR) program on March 24, 

1995 (60 FR 15483). This paragraph is 

being removed because it is obsolete. 

The District has a fully approved 

Nonattainment NSR program (July 31, 

1997, 62 FR 40937, as amended on April 

16, 2004, 69 FR 77647). 

Section 52.473 Conditional approval. 

On April 17, 2003, (68 FR 19106), 

EPA conditionally approved the 

District’s ozone nonattainment area SIP 

for the Metropolitan Washington, DC 

area. This section is being removed 

because on April 15, 2004 (69 FR 

19937), 40 CFR 52.473 was stayed 

indefinitely and is no longer necessary 

to be codified in this subpart. 

Section 52.479 Source surveillance. 

On December 6, 1973 (38 FR 33701), 

EPA added paragraph 52.479(b) to state 

that the carpool locator measure of the 

District’s TCM SIP was not approved. 

This paragraph is obsolete because this 

TCM is no longer a control strategy 

required by the 1990 CAA. The TCMs 

that currently are part of the SIP were 

approved by EPA on September 20, 

2011 (76 FR 58116). Because paragraph 

52.479(a) is already reserved, and there 

are no other paragraphs in Section 

52.479, the entire section is being 

removed. 

Section 52.515 Original identification 

of plan section. 

Paragraphs 52.515(b) and (c) of this 

section, originally designated as 40 CFR 

52.470(b) and (c), contains historical 

information only about EPA’s approval 

actions for the District of Columbia SIP 

which occurred between May 31, 1972 

and July 1, 1998. On December 7, 1998 

(63 FR 67407), EPA reorganized the 

Identification of plan section (section 

52.470) for subpart J by listing and 

summarizing the District’s currently 

approved SIP requirements in 


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paragraphs 52.470(a) through (e). 

Paragraphs 52.515 (b) and (c) are being 

removed because EPA has determined 

that it is no longer necessary to codify 

the information found in these 

paragraphs. Paragraph 52.515(a) is being 

amended to state that this historical 

information will continue to be made 

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?collection

Code=CFR. 

C. Maryland 

Section 52.1072 Conditional approval. 

On April 17, 2003, (68 FR 19106), 

EPA conditionally approved Maryland’s 

ozone nonattainment area SIP for the 

Metropolitan Washington DC area. This 

section is being removed because on 

April 15, 2004 (69 FR 19937), 40 CFR 

52.1072 was stayed indefinitely and is 

no longer necessary to be codified in 

this subpart. 

Section 52.1073 Approval status. 

On August 12, 1980 (45 FR 53460), 

paragraph 52.1073(b) was added to 

describe EPA’s approval, with certain 

exceptions, of Maryland’s January 19, 

1979 plan for attaining and maintaining 

the NAAQS under Section 110 and for 

meeting the requirements of part D, 

Title 1, of the 1977 CAA. This paragraph 

also stated, ‘‘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 all RACT and CTG 

requirements under the 1977 CAA have 

been met and the current ozone plan is 

subject to the requirements of the 1990 

CAA. See 40 CFR 52.1070(c). 

Paragraph 52.1073(c) describes EPA’s 

approval of Code of Maryland Air 

Regulations (COMAR) 26.11.13.06. This 

paragraph is obsolete and is being 

removed. EPA had added this paragraph 

as part of a final rulemaking action 

published on May 24, 1991 (56 FR 

23804) at 40 CFR 52.1070(c)(88). 

Maryland repealed Regulation 

26.11.13.06, effective October 26, 1992. 

On November 13, 1992, Maryland 

submitted a SIP revision to EPA 

requesting the removal of Regulation 

26.11.13.06. EPA approved that SIP 

revision on June 10, 1994 (59 FR 29957). 

Paragraph 52.1073(d) refers to a 

commitment for Maryland to adopt a 

Federal clean fuel fleet program or 

alternative substitute. This paragraph is 

being removed. This paragraph is 

obsolete because the Federal clean fuel 

fleet program is no longer a SIP 

requirement. 

Section 52.1074 Legal authority. 

This section was added to state that 

Maryland lacked the necessary legal 

authority to prohibit the disclosure of 

emission data to the public. EPA has 

deemed this section to be obsolete and 

it is being removed. This section should 

have been removed when EPA approved 

a revision to COMAR 26.11.01.05 on 

May 28, 2002 (67 FR 36810). 

Section 52.1077 Source surveillance. 

This section was added to state that 

the Maryland SIP did not provide 

specific procedures for stationary 

sources to be periodically tested. This 

section is obsolete and is being 

removed. This section should have been 

removed as a result of EPA’s approval 

of a revision to COMAR 26.11.01.05 on 

May 28, 2002 (67 FR 36810). 

Section 52.1078 Extensions. 

In this section, EPA extended the 

deadline by which Maryland must 

incorporate mandatory testing of second 

generation On-board Diagnostics (OBD– 

II) equipped motor vehicles as part of its 

inspection and maintenance (I/M) 

program until July 1, 2002. This section 

is obsolete and is being removed 

because Maryland is now implementing 

the OBD II program as part of its SIPapproved I/M program. 

Section 52.1100 Original identification 

of plan section. 

Paragraphs 52.1100(b) and (c) of this 

section, originally designated as 40 CFR 

52.1070(b) and (c), contains historical 

information only about EPA’s approval 

actions for the Maryland SIP which 

occurred between May 31, 1972 and 

November 31, 2004. On November 29, 

2004 (69 FR 69304), EPA reorganized 

the Identification of plan section 

(section 52.1070) for subpart V by listing 

and summarizing Maryland’s currently 

approved SIP requirements in 

paragraphs 52.1070(a) through (e). 

Paragraphs 52.1100(b) and (c) are being 

removed because EPA has determined 

that it is no longer necessary to codify 

the information found in these 

paragraphs. Paragraph 52.1100(a) is 

being amended to state that this 

historical information will continue to 

be made available in the CFR annual 

editions, Title 40 part 52 (years 2005 

through 2012). These annual editions 

are available on line at the following url 

address: http://www.gpo.gov/fdsys/ 

browse/collectionCfr.action?collection

Code=CFR. 

Section 52.1118 Approval of bubbles 

in nonattainment areas lacking 

approved demonstrations: State 

assurances. 

This section was added in order to 

secure approval of a bubble (or 

plantwide) control strategy for the 

American Cyanamid facility in Havre de 

Grace, Maryland. This section is 

obsolete and is being removed because 

the bubble for the American Cyanamid 

Facility was removed from the 

Maryland SIP, effective November 24, 

2006 (October 24, 2006, 71 FR 62210). 

D. Pennsylvania 

Section 52.2022 Extensions. 

Between May 31, 1972 and February 

26, 1985, EPA granted Pennsylvania a 

series of extensions to attain and 

maintain the NAAQS for SO2, 

particulate matter (PM), photochemical 

oxidants, carbon monoxide, and ozone. 

This entire section is obsolete and is 

being removed. The latest of these 

extended dates was December 31, 1987. 

All of these attainment dates have been 

superseded by the 1990 CAA and by 

revised attainment dates for ozone, PM, 

and SO2 in response to the issuance of 

revised NAAQS. 

Section 52.2023 Approval status. 

Paragraph 52.2023(b) describes EPA’s 

approval of Pennsylvania’s plan for the 

attainment and maintenance of the 

NAAQS and states that the plan satisfies 

all requirements of part D, Title 1, of the 

1977 CAA, with certain exceptions. 

Pennsylvania subsequently remedied all 

of the deficiencies which had been 

codified in paragraphs 52.2033(c) 

through (k). See 40 CFR 52.2020(c)(1) 

and (e)(1). Therefore, EPA is revising 

paragraph 52.2033(b) to remove the 

words ‘‘except as noted below.’’ 

Paragraph 52.2023(d) describes EPA’s 

limited approval and limited 

disapproval action on Pennsylvania’s 

Stage II vapor recovery regulation. This 

paragraph is obsolete and is being 

removed because EPA fully approved 

Pennsylvania’s Stage II regulations in 

subsequent final actions published on 

December 13, 1995 (60 FR 63937, 

63940). 

Paragraph 52.2023(e) describes EPA’s 

April 30, 1998 disapproval (63 FR 

23668) of Pennsylvania’s April 19, 1995 

RACT determination for nitrogen oxides 


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33980 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 

(NOX) at the Pennsylvania Power 

Company’s New Castle plant located in 

Lawrence County, Pennsylvania (Source 

No. 37–023). This paragraph is obsolete 

and is being removed. On June 26, 2002 

(67 FR 43002), EPA approved 

Pennsylvania’s amended NOX RACT 

determination for this source. See 40 

CFR 52.2020(d)(1). 

Paragraph 52.2023(j) describes a 

disapproval action taken by EPA with 

regard to Pennsylvania’s enhanced I/M 

program. This paragraph is obsolete and 

is being removed. EPA approved 

Pennsylvania’s enhanced I/M program 

on June 17, 1999 (64 FR 32411). EPA 

subsequently approved revisions to 

Pennsylvania’s enhanced I/M program 

on October 6, 2005 (70 FR 58313). 

Pennsylvania is implementing a fully 

approved enhanced I/M program. 

Section 52.2024 General requirements. 

Section 52.2024(a) describes EPA’s 

determination that Pennsylvania had 

inadequate legal authority to provide for 

the public availability of emissions data 

as required by section 110(a)(2)(F) of the 

CAA and 40 CFR 51.116. In section 

52.2024, EPA promulgated a series of 

measures designed to ensure public 

access to emissions data. This entire 

section is obsolete and is being 

removed. It should have been removed 

on January 12, 1995 (60 FR 2881) when 

EPA approved Pennsylvania Regulation 

135.21 pertaining to emissions 

statements. 

Section 52.2025 Legal authority. 

This section describes a SIP 

deficiency in Philadelphia’s Home Rule 

Charter provision regarding the public 

right to inspection. On November 28, 

1975 (40 FR 55326, 55333), EPA 

determined that this provision could, in 

some circumstances, prohibit the 

disclosure of emission data to the 

public. However, this section is now 

obsolete and is being removed. EPA 

approved Pennsylvania Regulation 

135.21 and determined it would apply 

to the City of Philadelphia as well. See 

40 CFR 52.2020(c)(1) and (e)(1). 

Sections 52.2030 Source surveillance 

and 52.2032 Intergovernmental 

cooperation. 

Sections 52.2030 and 52.2032 

describe inadequacies which EPA 

identified regarding the implementation 

of Pennsylvania’s TCMs required under 

the 1977 CAA. These sections are 

obsolete and are being removed. EPA 

has since determined that Pennsylvania 

has met all of its TCM requirements 

prescribed by the 1977 and 1990 CAA. 

Section 52.2033 Control strategy: 

Sulfur oxides. 

Paragraph 52.2033(a) describes EPA’s 

approval action of the SO2 control 

strategy for Allegheny County under the 

requirements of the 1970 CAA. This 

paragraph is obsolete and is being 

removed. It has been superseded by 

EPA’s approval of the SO2 attainment 

plan for Allegheny County under the 

requirements of the 1990 CAA at 

paragraph 52.2033(c). 

Section 52.2034 Attainment dates for 

national standards. 

This section states that Pennsylvania 

had not submitted a plan for 

Northumberland County, Snyder 

County, and Allegheny County, as of 

December 31, 1979, providing for the 

attainment and maintenance of the 

secondary NAAQS for SO2. This section 

is obsolete and is being removed. On 

November 12, 1985 (50 FR 46649), EPA 

determined that the SO2 nonattainment 

designations for both the primary and 

secondary NAAQS in both 

Northumberland and Snyder Counties 

were based on a modeling error, and 

that all other criteria for redesignating 

nonattainment areas to attainment had 

been met. Therefore, EPA redesignated 

both counties to attainment. On July 21, 

2004 (69 FR 43522), EPA approved the 

modeled attainment demonstration and 

maintenance plan to attain and maintain 

the primary and secondary SO2 NAAQS 

in the Hazelwood and Monongahela 

River Valley areas of Allegheny County. 

Section 52.2037 Control strategy plans 

for attainment and rate-of-progress: 

Ozone. 

Paragraph 52.2037(a) describes EPA’s 

conditional approval of Pennsylvania’s 

1979 carbon monoxide and ozone plans. 

The conditional approval was based 

upon Pennsylvania’s commitment to 

implement a commuter rail project or a 

substitute TCM which would produce 

equivalent emission reductions. This 

paragraph is obsolete and is being 

removed. EPA has since determined that 

Pennsylvania has met all of its TCM 

requirements prescribed by the 1990 

CAA. 

Section 52.2055 Review of new 

sources and modifications. 

Section 52.2055 is obsolete and is 

being removed. It was created to 

highlight disapproved portions of the 

PSD and nonattainment NSR programs. 

Pennsylvania has a fully approved PSD 

program and nonattainment NSR 

program in accordance with current 

CAA and 40 CFR part 51 requirements. 

Section 52.2058 Prevention of 

significant air quality deterioration. 

Paragraph 52.2058(a) is being retained 

as the SIP status described in this 

paragraph is still current. However, the 

address for the office of the 

Pennsylvania Department of 

Environmental Protection found in this 

paragraph is obsolete and is being 

updated. 

Section 52.2059 Control strategy: 

Particulate matter. 

Paragraph 52.2059(a) was added to 

the CFR on May 20, 1980 (45 FR 33628). 

It describes a commitment by 

Pennsylvania to undertake a 

comprehensive program to investigate 

non-traditional sources, industrial 

process fugitive PM emissions, 

alternative control measures, and to 

develop and implement an effective 

control program to attain the primary 

and secondary NAAQS for total 

suspended particulates (TSP). This 

paragraph is obsolete and is being 

removed. On July 1, 1987 (52 FR 24634), 

EPA revoked the NAAQS for TSP and 

promulgated a new NAAQS for PM with 

a diameter of ten microns or less (PM10) 

in its place. Effective October 14, 2003 

(68 FR 53515, September 11, 2003), the 

entire Commonwealth of Pennsylvania 

was designated either attainment or 

unclassified for the PM10 NAAQS. See 

40 CFR 81.339. 

Section 52.2063 Original identification 

of plan section. 

Paragraphs 52.2063(b) and (c) of this 

section, originally designated as 40 CFR 

52.2020(b) and (c), contains historical 

information only about EPA’s approval 

actions for the Pennsylvania SIP, 

including Allegheny County and the 

City of Philadelphia, which occurred 

between May 31, 1972 and February 10, 

2005. On February 25, 2005 (70 FR 

9450), EPA reorganized the 

Identification of plan section (section 

52.2020) for subpart NN by listing and 

summarizing Pennsylvania’s (including 

Allegheny and Philadelphia Counties) 

currently approved SIP requirements in 

paragraphs 52.2020(a) through (e). 

Paragraphs 52.2063(b) and (c) are being 

removed because EPA has determined 

that it is no longer necessary to codify 

the information found in these 

paragraphs. Paragraph 52.2063(a) is 

being amended to state that this 

historical information will continue to 

be made available in the CFR annual 

editions, Title 40 part 52 (years 2005 

through 2012). These annual editions 

are available on line at the following url 

address: http://www.gpo.gov/fdsys/ 


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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 33981 

browse/collection

Cfr.action?collectionCode=CFR. 

E. Virginia 

Section 52.2423 Approval status. 

The second, third, and fourth 

sentences of paragraph 52.2423(a) state 

that Virginia’s open burning regulations 

have been submitted for information 

purposes only and are not to be 

considered as a control strategy. These 

sentences are obsolete and are being 

removed. Open burning has been a 

control strategy in the Virginia SIP since 

March 12, 1997 (62 FR 11332). See 40 

CFR 52.2420(c). 

Paragraph 52.2423(d) states that a 

January 11, 1979 SIP submittal 

pertaining to Smyth County is not 

approved, pending a possible 

redesignation of the area to attainment 

status. The 1-hour ozone nonattainment 

area in Smyth County consisted of the 

portion of White Top Mountain above 

the 4,500 foot elevation. This paragraph 

is obsolete and is being removed. On 

April 30, 2004 (69 FR 23858, 23942), all 

of Smyth County was designated 

attainment of the 8-hour ozone NAAQS. 

On August 3, 2005 (70 FR 44470, 

44478), the 1-hour ozone NAAQS was 

revoked for the White Top Mountain 

area, effective June 15, 2005. On April 

29, 2008 (73 FR 23103), EPA approved 

the 8-hour ozone maintenance plan for 

Smyth County. See 40 CFR 52.2420(e). 

Paragraph 52.5423(e) describes the 

disapproval of section 4.55(b) of the 

Virginia regulations because the 

regulation was not adequately 

enforceable. This paragraph is obsolete, 

and is being removed. Section 4.55(b) 

was never approved as part of the 

Virginia SIP, and no longer exists as a 

State regulation. 

Paragraph 52.2423(f) describes a 

situation where a Virginia opacity 

regulation cited as section 9 VAC 5–40– 

20.A.3 is not considered part of the 

applicable plan because it contradicts a 

previously approved section of the SIP. 

EPA’s assessment is still current. 

However, in this action EPA is revising 

this paragraph to add a reference to the 

current State citation of this opacity 

regulation (9VAC5–40–20.A.4). 

Paragraph 52.2423(g) describes the 

exclusion of section 4.31(d)(3), a 

Virginia regulation pertaining to 

collection efficiency from the Virginia 

SIP. This paragraph is obsolete and is 

being removed because section 

4.31(d)(3) of Virginia’s regulation was 

never approved as a SIP requirement 

and no longer exists as a State 

regulation. 

Paragraph 52.2423(j) refers to a 

commitment for Virginia to adopt a 

Federal clean fuel fleet program or 

alternative substitute. This paragraph is 

obsolete and is being removed because 

the Federal clean fuel fleet program is 

no longer a SIP requirement. 

Paragraph 52.2423(k) describes EPA’s 

disapproval of Virginia’s November 12, 

1992 redesignation request and 

maintenance plan for the Richmond 

moderate 1-hour ozone nonattainment 

area. EPA had disapproved this request 

and maintenance plan because of 

monitored ozone violations during the 

1993 ozone season. This paragraph is 

now obsolete and is being removed. 

EPA subsequently approved the 

redesignation and 1-hour ozone 

maintenance plan for the Richmond 

area on November 17, 1997 (62 FR 

61237). See 40 CFR 52.2420(e). 

Paragraphs 52.2423(m) and (n) 

describe EPA’s approval actions of 

Virginia regulations citing documents 

which Virginia has incorporated by 

reference. Virginia had submitted these 

actions in April 12, 1989 and February 

12, 1993, respectively. Since that time, 

Virginia has recodified its regulations. 

While EPA’s approval actions are still 

current, EPA is amending paragraphs 

(m) and (n) to add references to the 

current citations of these approved State 

regulations. 

Sections 52.2427 Source surveillance 

and 52.2433 Intergovernmental 

cooperation. 

Sections 52.2427 and 52.2433 

describe inadequacies which EPA 

identified regarding the implementation 

of Virginia’s TCMs required under the 

1970 Clean Air Act. These sections are 

obsolete and are being removed. EPA 

has since determined that Virginia has 

met all of its TCM requirements 

prescribed by the 1990 CAA. The TCMs 

that currently are part of the SIP were 

approved by EPA on September 20, 

2011 (76 FR 58116). Virginia also has a 

fully approved enhanced I/M program 

for the Northern Virginia Area—9VAC5, 

Chapter 91, as codified in 40 CFR 

52.2420(c), last amended on April 22, 

2008 (73 FR 21540). 

Section 52.2436 Rules and regulations. 

This section describes the disapproval 

of section 4.55(b) of a Virginia 

regulation because the regulation was 

not adequately enforceable. See 40 CFR 

52.2423(e). This section is obsolete and 

is being removed because section 

4.55(b) no longer exists in Virginia’s 

regulations. 

Section 52.2450 Conditional approval. 

On August 30, 1995 (60 FR 45055), 

EPA conditionally approved a VOC 

RACT determination submitted by 

Virginia for the Philip Morris 

Manufacturing Center (No. 50076) 

located in Richmond, Virginia. This 

conditional approval is described in 

paragraph 52.2450(a). On October 14, 

1997 (62 FR 53242), EPA fully approved 

Virginia’s revised VOC RACT 

determination for this same facility at 

52.2420(c)(120) which is now codified 

at 40 CFR 52.2420(d). Therefore, 

paragraph 52.2450(a) is obsolete and is 

being removed. 

On April 17, 2003, (68 FR 19106), 

EPA conditionally approved and 

codified into paragraph 52.2450(b) 

Virginia’s ozone nonattainment area SIP 

for the Metropolitan Washington DC 

area, which included the 1996–1999 

portion of the rate-of-progress plan. 

However, on April 15, 2004 (69 FR 

19937), 40 CFR 52.2450(b) was stayed 

indefinitely and is no longer necessary 

to be codified in this subpart. Therefore, 

paragraph 52.2450(b) is obsolete and is 

being removed. Because paragraphs 

52.2450(c) through (f) are currently 

reserved, section 52.2450 is being 

removed in its entirety. 

Section 52.2465 Original identification 

of plan section. 

Paragraphs 52.2465(b) and (c) of this 

section, originally designated as 40 CFR 

52.2420(b) and (c), contains historical 

information only about EPA’s approval 

actions for the Virginia SIP which 

occurred between May 31, 1972 and 

March 1, 2000. On April 21, 2000 (65 FR 

21315), EPA reorganized the 

Identification of plan section (section 

52.2420) for subpart VV by listing and 

summarizing Virginia’s currently 

approved SIP requirements in 

paragraphs 52.2420(a) through (e). 

Paragraphs 52.2465(b) and (c) are being 

removed because EPA has determined 

that it is no longer necessary to codify 

the information found in these 

paragraphs. Paragraph 52.2465(a) is 

being amended to state that this 

historical information will continue to 

be made available in the CFR annual 

editions, Title 40 part 52 (years 2000 

through 2012). These annual editions 

are available on line at the following url 

address: http://www.gpo.gov/fdsys/

browse/collectionCfr.action?collection

Code=CFR. 

F. West Virginia 

Section 52.2522 Approval status. 

In paragraph 52.2522(a), EPA states 

that deletion of the provisions found in 

section 3.03(b) of Regulation X, adopted 

in 1972 and amended in 1978, has been 

approved, except for an SO2 emission 

limitation for the Rivesville Power 

Station. This paragraph is obsolete and 


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is being removed because section 3.3.b. 

of the current Regulation X (45CSR10) 

containing that SO2 emission limitation 

for the Rivesville Power Station was 

approved by EPA on June 3, 2003 (68 FR 

33002). See 40 CFR 52.2520(c). 

In paragraph 52.2522(b), EPA states 

that the interim limitation of 5.12 lbs. of 

SO2 per million BTU for the Harrison 

power plant is approved until a 

permanent emission limitation is 

approved. This paragraph is obsolete 

and is being removed because Section 

3.3.a. of the current Regulation X 

(45CSR10) includes a permanent SO2

emission limitation for the Harrison 

Power Plant which was approved as a 

SIP revision on June 3, 2003 (68 FR 

33002). See 40 CFR 52.2520(c). 

In paragraph 52.2522(c), EPA states 

that West Virginia’s control strategy for 

attainment and maintenance of the 

secondary NAAQS for SO2 is not 

approved as it applies to the Mitchell 

Power Station located in Marshall 

County, and the Harrison Power Station 

located in Harrison County. This 

paragraph is obsolete and is being 

removed. Since 1978, when the part 81 

attainment designations were first 

established under section 107 of the 

CAA, both Marshall and Harrison 

Counties have been designated 

attainment for the secondary NAAQS 

for SO2. EPA has also reviewed the 

ambient data of the secondary NAAQS 

for SO2 recorded since January 1996 for 

these counties, and has found no 

violations in either county. 

Paragraph 52.2522(h) describes a 

series of deficiencies to West Virginia 

minor new source permitting regulation 

(45CSR13) as submitted by West 

Virginia on August 26, 1994. This 

paragraph is obsolete and is being 

removed. On February 8, 2007 (72 FR 

5932), EPA fully approved the 

provisions of West Virginia Regulation 

45CSR13. See 40 CFR 52.2520(c). As a 

result, all of the deficiencies mentioned 

in paragraph 52.2522(h) have been 

corrected. 

Section 52.2523 Attainment dates for 

national standards. 

Section 52.2523 states that The New 

Manchester and Grant Magisterial 

Districts in Hancock County are 

expected to attain and maintain the 

secondary NAAQS for SO2 as soon as 

the Sammis Power Plant, located in 

Jefferson County, Ohio, meets the SO2

emission limitations in the Ohio 

Implementation Plan. This section is 

obsolete and is being removed. EPA has 

subsequently determined that the 

Sammis Plant is currently meeting the 

Ohio SIP’s emissions limits. In addition, 

on June 8, 2005 (70 FR 33364), EPA 

redesignated the New Manchester-Grant 

Magisterial District in part 81 as ‘‘Better 

than National Standards’’ for the 

NAAQS for SO2 and approved the 

maintenance plan, effective August 8, 

2005. See 40 CFR 81.349. 

Section 52.2524 Compliance 

schedules. 

Sections 52.2524(a) and (b) were 

promulgated on June 20, 1973 (38 FR 

16144, 16170) and August 23, 1973 (38 

FR 22736), respectively. At this 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 regulations set forth 

compliance schedules by which boilers 

or furnaces of more than 250 million 

Btu per hour heat input subject to the 

emission limitation requirements in 

West Virginia Regulation X 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, and the SIP regulatory 

citation for West Virginia’s SO2 control 

regulation has changed from Regulation 

X to Regulation 45CSR10. In addition, 

the emission limitations of Sections 3.01 

and 3.03 (currently Section 45–10–3) 

have been revised. See November 9, 

1978, 43 FR 52239 and June 3, 2003, 68 

FR 33002. EPA, West Virginia, and 

several power companies have also 

entered into Federal consent decrees 

that specify control strategies, including 

flue gas desulfurization (FGD) and 

source shutdowns, which would assist 

compliance with the requirements of 

Regulation 45CSR10. An October 3, 

2003 Federal Consent Decree between 

EPA and the Virginia Electric and Power 

Company (VEPCO) establishes 

compliance schedules for Units 1, 2, 

and 3 of the Mount Storm Power 

Station, and a December 7, 2007 Federal 

consent decree between EPA and the 

American Electric Power Service 

Corporation (AEP) establish compliance 

schedules for installing FGD at the 

Amos, Kanawha River, Kammer, 

Mitchell, Mountaineer, and Sporn 

Power Stations. Given that the 

compliance dates and regulation 

citations in section 52.2524 have been 

updated either in the SIP or by the 2003 

and 2007 Federal consent decrees, 

section 52.2524 is being removed. 

Section 52.2525 Control strategy: 

Sulfur dioxide. 

Paragraph 52.2525(a) is obsolete and 

is being removed. As explained 

previously in this action, the SO2

emission limit for the Rivesville Power 

Station, established in 1972, has since 

been approved by EPA on June 3, 2003 

(68 FR 33002). See 40 CFR 52.2520(c). 

Since 1978, when the part 81 attainment 

designations were first established 

under section 107 of the CAA, the area 

in which this power plant is located 

(Marion County) has been designated 

attainment for the primary and 

secondary NAAQS for SO2. EPA has also 

reviewed the ambient data of the 

secondary SO2 NAAQS and has found 

that no violations have been recorded 

since January 1996. 

Section 52.2528 Significant 

deterioration of air quality. 

Paragraph 52.2528(b) describes 

portions of the Federal PSD regulation 

(40CFR 52.21) which are incorporated 

and made a part of the West Virginia 

SIP. This paragraph is redundant and is 

being removed because these measures 

duplicate the regulatory requirements of 

West Virginia Regulation 45CSR14, 

which is incorporated by reference at 

Section 52.2520(c). 

Section 52.2565 Original identification 

of plan. 

Paragraphs 52.2565(b) and (c) of this 

section, originally designated as 40 CFR 

52.2520(b) and (c), contains historical 

information only about EPA’s approval 

actions for the West Virginia SIP which 

occurred between May 31, 1972 and 

December 1, 2004. On February 10, 2005 

(70 FR 7024), EPA reorganized the 

Identification of plan section (section 

52.2520) for subpart XX by listing and 

summarizing West Virginia’s currently 

approved SIP requirements in 

paragraphs 52.2520(a) through (e). 

Paragraphs 52.2565(b) and (c) are being 

removed because EPA has determined 

that it is no longer necessary to codify 

the information found in these 

paragraphs. Paragraph 52.2565(a) is 

being amended to state that this 

historical information will continue to 

be made available in the CFR annual 

editions, Title 40 part 52 (years 2005 

through 2012). These annual editions 

are available on line at the following url 

address: http://www.gpo.gov/fdsys/ 

browse/collection

Cfr.action?collectionCode=CFR. 

G. Multistate Removal Actions Affected 

by the National Low Emission Vehicle 

Program 

On January 24, 1995 (60 FR 4712), 

EPA promulgated 40 CFR 51.120, which 

established a ‘‘SIP call’’ mandating a 

LEV program, based on California’s 

motor vehicle emissions, which would 

provide air pollutant emissions 

reductions for states located on the 

Ozone Transport Region (OTR). See, 


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CAA sections 177 and 184. The 

following OTR states are located in EPA 

region III: Delaware, the District of 

Columbia, Maryland, Pennsylvania, and 

the portion of Virginia that was 

included in the Consolidated 

Metropolitan Statistical Area (CMSA) 

for Washington, DC as of November 15, 

1990. For each of these States’ part 52 

subparts, EPA added CFR regulations 

which cross-reference 40 CFR 52.120. 

The respective sections are: 52.433, 

52.498, 52.1079, 52.2057, and 52.2453. 

However, on March 11, 1997, the U.S. 

Court of Appeals for the D.C. Circuit 

vacated the provisions of 40 CFR 51.20. 

See, Virginia v. EPA, 108 F.3d 1397 

(D.C. Cir. Ct. of Appeals, 1997; 

rehearing denied June 13, 1997. 

Subsequently, the EPA Region III 

States located in the OTR adopted a 

similar program known as the NLEV 

program, a collaborative effort of EPA, 

the OTC States, the automobile 

manufacturers, and others that would 

achieve emissions reductions equal to or 

greater than would be accomplished if 

the OTC States adopted the California 

LEV program under the authority of 

CAA section 177. Under the NLEV 

program, the States achieved the 

reductions the SIP call would have 

required. Therefore, EPA approved their 

respective NLEV SIP revisions on the 

following dates: December 28, 1999 (64 

FR 72564) for Delaware, Maryland, 

Pennsylvania, and Virginia; and July 20, 

2000 (65 FR 44981 for the District of 

Columbia. See 40 CFR 52.420(c), 

52.1070(c), 52.2020(c)(1), 52.2420(c), 

and 52.470(c) respectively. 

As a result of the Court’s vacatur 

action and of EPA’s subsequent 

approvals of the OTR States’ NLEV 

programs, EPA has deemed sections 

52.433, 52.498, 52.1079, 52.2057, and 

52.2453 to be legally obsolete. In today’s 

action, these five sections are being 

removed from the CFR. 

It should be noted that since February 

10, 2000 (65 FR 6698), the NLEV 

program has been superseded by EPA’s 

issuance of a final rule promulgating 

Federal Tier 2 vehicle emission and fuel 

standards. This Federal Tier 2 program 

provides for stricter new vehicle 

emissions standards than that of the 

NLEV program, beginning with the 

phase-in of that program in model year 

2004. Additionally, the Federal Tier 2 

program was fully in place and was 

mandatory for all new subject vehicles 

on a national basis in model year 2006. 

At that time, the NLEV program ceased 

to exist for all states, and states’ 

participation in the National NLEV 

ceased with the 2006 model year. 

III. Final Action 

EPA has determined that the abovereferenced rules should be removed or 

revised at this time. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

August 5, 2013 without further notice 

unless EPA receives adverse comment 

by July 8, 2013. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. This 

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 it is not a significant 

regulatory action under Executive Order 

12866. Because the agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the Supplementary 

Information section 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 of 1995 (UMRA) (Pub. L. 

104–4, 109 Stat. 48 (1995)). 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 rule also does 

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), nor will 

it 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 also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This technical 

correction action 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

B. Submission to Congress and the 

Comptroller General 

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. 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. 


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This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 5, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking action. This action 

which removes or revises outdated or 

obsolete part 52 language for Delaware, 

the District of Columbia, Maryland, 

Pennsylvania, Virginia, and West 

Virginia may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2)) 

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 16, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Section 52.422 (a) is revised to read 

as follows: 

§ 52.422 Approval status. 

(a) With the exceptions set forth in 

this subpart, the Administrator approves 

Delaware’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] 

■ 3. Section 52.432 is revised to read as 

follows: 

§ 52.432 Significant deterioration of air 

quality. 

(a) [Reserved] 

(b) Regulation for preventing 

significant deterioration of air quality. 

The provisions of 52.21(p) are hereby 

incorporated and made a part of the 

applicable State plan for the State of 

Delaware. 

(c) All applications submitted as of 

that date and supporting information 

required pursuant to § 52.21 from 

sources located in the State of Delaware 

shall be submitted to: Delaware 

Department of Natural Resources and 

Environmental Control, Air Resources 

Section, Division of Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

§ 52.433 [Removed and reserved] 

■ 4. Section 52.433 is removed and 

reserved. 

■ 5. Section 52.465 is revised to read as 

follows: 

§ 52.465 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of Delaware’’ and all revisions 

submitted by Delaware that were 

federally approved prior to July 1, 1998. 

The information in this section is 

available in the 40 CFR, part 52 edition 

revised as of July 1, 1999, the 40 CFR, 

part 52, Volume 1 of 2 (§§ 52.01 to 

52.1018) editions revised as of July 1, 

2000 through July 1, 2011, and the 40 

CFR, part 52, Volume 1 of 3 (§§ 52.01 to 

52.1018) editions revised as of July 1, 

2012. 

(b) [Reserved] 

Subpart J—District of Columbia 

§ 52.472 [Amended] 

■ 6. In § 52.472, paragraphs (b) and (f) 

are removed and reserved. 

§ 52.473 [Removed and reserved] 

■ 7. Section 52.473 is removed and 

reserved. 

§ 52.479 [Removed and reserved] 

■ 8. Section 52.479 is removed and 

reserved. 

§ 52.498 [Removed and reserved] 

■ 9. Section 52.498 is removed and 

reserved. 

■ 10. Section 52.515 is revised to read 

as follows: 

§ 52.515 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the 

District of Columbia’’ and all revisions 

submitted by the District of Columbia 

that were federally approved prior to 

July 1, 1998. The information in this 

section is available in the 40 CFR, part 

52 edition revised as of July 1, 1999, the 

40 CFR, part 52, Volume 1 of 2 (§§ 52.01 

to 52.1018) editions revised as of July 1, 

2000 through July 1, 2011, and the 40 

CFR, part 52, Volume 1 of 3 (§§ 52.01 to 

52.1018) edition revised as of July 1, 

2012. 

(b) [Reserved] 

Subpart V— Maryland 

§ 52.1072 [Removed and reserved] 

■ 11. Section 52.1072 is removed and 

reserved. 

§ 52.1073 [Amended] 

■ 12. In § 52.1073, paragraphs (b), (c), 

and (d) are removed and reserved. 

§ 52.1074 [Removed and reserved] 

■ 13. Section 52.1074 is removed and 

reserved. 

§ 52.1077 [Removed and reserved] 

■ 14. Section 52.1077 is removed and 

reserved. 

§ 52.1078 [Removed and reserved] 

■ 15. Section 52.1078 is removed and 

reserved. 

§ 52.1079 [Removed and reserved] 

■ 16. Section 52.1079 is removed and 

reserved. 

■ 17. Section 52.1100 is revised to read 

as follows: 

§ 52.1100 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of Maryland’’ and all revisions 

submitted by Maryland that were 

federally approved prior to November 1, 

2004. The information in this section is 

available in the 40 CFR, part 52, Volume 

2 of 2 (§§ 52.1019 to the end of part 52) 

editions revised as of July 1, 2005 

through July 1, 2011, and the 40 CFR, 

part 52, Volume 2 of 3 (§§ 52.1019 to 

52.2019) edition revised as of July 1, 

2012. 

(b) [Reserved] 

§ 52.1118 [Removed and reserved] 

■ 19. Section 52.1118 is removed and 

reserved. 


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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 33985 

Subpart NN—Pennsylvania 

§ 52.2022 [Removed and reserved] 

■ 20. Section 52.2022 is removed and 

reserved. 

■ 21. In § 52.2023, paragraphs (d), (e), 

and (j) are removed and reserved, and 

paragraph (b) is revised to read as 

follows: 

§ 52.2023 Approval status. 

* * * * * 

(b) With the exceptions set forth in 

this subpart, the Administrator approves 

Pennsylvania’s plan for the attainment 

and maintenance of the national 

ambient air quality standards under 

section 110 of the Clean Air Act. 

Furthermore, the Administrator finds 

that the plan satisfies all requirements 

of part D, Title 1, of the Clean Air Act 

as amended in 1977. 

§ 52.2024 [Removed and reserved] 

■ 22. Section 52.2024 is removed and 

reserved. 

§ 52.2025 [Removed and reserved] 

■ 23. Section 52.2025 is removed and 

reserved. 

§ 52.2030 [Removed and reserved] 

■ 24. Section 52.2030 is removed and 

reserved. 

§ 52.2032 [Removed and reserved] 

■ 25. Section 52.2032 is removed and 

reserved. 

§ 52.2033 [Amended] 

■ 26. In § 52.2033, paragraph (a) is 

removed and reserved. 

§ 52.2034 [Removed and reserved] 

■ 27. Section 52.2034 is removed and 

reserved. 

§ 52.2037 [Amended] 

■ 28. In § 52.2037, paragraph (a) is 

removed and reserved. 

§ 52.2055 [Removed and reserved] 

■ 29. Section 52.2055 is removed and 

reserved. 

§ 52.2057 [Removed and reserved] 

■ 30. Section 52.2057 is removed and 

reserved. 

■ 31. Section 52.2058 is revised to read 

as follows. 

§ 52.2058 Prevention of significant air 

quality deterioration. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are met 

by the regulations (25 PA Code § 127.81 

through 127.83) adopted by the 

Pennsylvania Environmental Resources 

on October 28, 1983. All PSD permit 

applications and requests for 

modifications thereto should be 

submitted to: Pennsylvania Department 

of Environmental Resources, Bureau of 

Air Quality Control, P.O. Box 8468, 400 

Market Street, Harrisburg, Pennsylvania 

17105. ATTN: Abatement and 

Compliance Division. 

(b) [Reserved] 

§ 52.2059 [Amended] 

■ 32. In § 52.2059, paragraph (a) is 

removed and reserved. 

■ 33. Section 52.2063 (a) is revised to 

read as follows: 

§ 52.2063 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the 

Commonwealth of Pennsylvania’’ and 

all revisions submitted by Pennsylvania 

that were federally approved prior to 

February 10, 2005. The information in 

this section is available in the 40 CFR, 

part 52, Volume 2 of 2 (§§ 52.1019 to the 

end of part 52) editions revised as of 

July 1, 2005 through July 1, 2011, and 

the 40 CFR, part 52, Volume 3 of 3 

(§§ 52.2020 to the end of part 52) edition 

revised as of July 1, 2012. 

(b) [Reserved] 

Subpart VV—Virginia 

■ 34. In § 52.2423, paragraphs (d), (e), 

(g), (j), and (k) are removed and 

reserved, and paragraphs (a), (f), (m), 

and (n) are revised to read as follows: 

§ 52.2423 Approval status. 

(a) With the exceptions set forth in 

this subpart, the Administrator approves 

Virginia’s plan for the attainment and 

maintenance of the national standards. 

* * * * * 

(f) Section 9VAC 5–40–20.A.4. of the 

Virginia Regulations for the Control and 

Abatement of Air Pollution is not 

considered part of the applicable plan 

because it contradicts a previously 

approved section of the SIP. 

* * * * * 

(m) EPA approves as part of the 

Virginia State Implementation Plan the 

documents listed in Appendix M, 

Sections II.A. through II.E and Section 

II.G. (currently Regulation 5–20–21 E.1. 

through E.5 and E.7) of the Virginia 

Regulations for the Control and 

Abatement of Air Pollution submitted 

by the Virginia Department of Air 

Pollution Control on April 12, 1989. 

(n) EPA approves as part of the 

Virginia State Implementation Plan the 

revised references to the documents 

listed in Appendix M, Sections II.A. and 

II.B. (currently Regulation 5–20–21E.1 

and E.2) of the Virginia Regulations for 

the Control and Abatement of Air 

Pollution submitted by the Virginia 

Department of Air Pollution Control on 

February 12, 1993. 

* * * * * 

§ 52.2427 [Removed and reserved] 

■ 35. Section 52.2427 is removed and 

reserved. 

§ 52.2433 [Removed and reserved] 

■ 36. Section 52.2433 is removed and 

reserved. 

§ 52.2436 [Removed and reserved] 

■ 37. Section 52.2436 is removed and 

reserved. 

§ 52.2450 [Removed and reserved] 

■ 38. Section 52.2450 is removed and 

reserved. 

§ 52.2453 [Removed and reserved] 

■ 39. Section 52.2453 is removed and 

reserved. 

■ 40. Section 52.2465 is revised to read 

as follows: 

§ 52.2465 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the 

Commonwealth of Virginia’’ and all 

revisions submitted by Virginia that 

were federally approved prior to March 

1, 2000. The information in this section 

is available in the 40 CFR, part 52, 

Volume 2 of 2 (§§ 52.1019 to the end of 

part 52) editions revised as of July 1, 

2000 through July 1, 2011, and the 40 

CFR, part 52, Volume 3 of 3 (§§ 52.2020 

to the end of part 52) edition revised as 

of July 1, 2012. 

(b) [Reserved] 

Subpart XX—West Virginia 

§ 52.2522 [Amended] 

■ 41. In § 52.2522, paragraphs (a). (b), 

(c), and (h) are removed and reserved. 

§ 52.2523 [Removed and reserved] 

■ 42. Section 52.2523 is removed and 

reserved. 

§ 52.2524 [Removed and reserved] 

■ 43. Section 52.2524 is removed and 

reserved. 

§ 52.2525 [Amended] 

■ 44. In § 52.2525, paragraph (a) is 

removed and reserved. 

§ 52.2528 [Amended] 

■ 45. In § 52.2528, paragraph (b) is 

removed and reserved. 

■ 46. Section 52.2565 is revised to read 

as follows: 


erowe on DSK2VPTVN1PROD with RULES
33986 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 

§ 52.2565 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of West Virginia’’ and all revisions 

submitted by West Virginia that were 

federally approved prior to December 1, 

2004. The information in this section is 

available in the 40 CFR, part 52, Volume 

2 of 2 (§§ 52.1019 to the end of part 52) 

editions revised as of July 1, 2005 

through July 1, 2011, and the 40 CFR, 

part 52, Volume 3 of 3 (§§ 52.2020 to the 

end of part 52) edition revised as of July 

1, 2012. 

(b) [Reserved] 

[FR Doc. 2013–13353 Filed 6–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2012–0377; FRL–9817–9] 

Indiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting the State of 

Indiana final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). The Agency 

published a proposed rule on October 9, 

2012, and provided for public comment. 

EPA received no comments. No further 

opportunity for comment will be 

provided. EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization. 

DATES: The final authorization will be 

effective on June 6, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R05–RCRA– 

2012–0377. All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some of the 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically at 

www.regulations.gov or in hard copy. 

You may view and copy Indiana’s 

application from 9:00 a.m. to 4:00 p.m. 

at the following addresses: U.S. EPA 

Region 5, LR–8J, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

contact: Gary Westefer (312) 886–7450; 

or Indiana Department of Environmental 

Management, 100 North Senate, 

Indianapolis, Indiana 46204, contact: 

Dan Watts (317) 234–5345. 

FOR FURTHER INFORMATION CONTACT: Gary 

Westefer, Indiana Regulatory Specialist, 

U.S. EPA Region 5, LR–8J, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7450, email 

westefer.gary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, states must change their 

programs and request EPA to authorize 

the changes. Changes to state programs 

may be necessary when Federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273 and 279. 

B. What decisions have we made in this 

final rule? 

We conclude that Indiana’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we propose to grant 

Indiana final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Indiana will have 

responsibility for permitting treatment, 

storage, and disposal facilities (TSDFs) 

within its borders (except in Indian 

Country) and for carrying out the 

aspects of the RCRA program described 

in its revised program application, 

subject to the limitations of the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized states 

before they are authorized for the 

requirements. Thus, EPA will 

implement those requirements and 

prohibitions in Indiana, including 

issuing permits, until the state is 

granted authorization to do so. 

C. What is the effect of this final rule? 

This final rule requires all facilities in 

Indiana that are subject to RCRA to 

comply with the newly-authorized state 

requirements instead of the equivalent 

Federal requirements. Indiana has 

enforcement responsibilities under its 

state hazardous waste program for 

RCRA violations, but EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include 

among others, authorize EPA to: 

1. Do inspections, and require 

monitoring, tests, analyses, or reports; 

1. enforce RCRA requirements and 

suspend or revoke permits; and 

3. take enforcement actions regardless 

of whether the state has taken its own 

actions. 

This action will not impose additional 

requirements on the regulated 

community because the regulations that 

EPA is authorizing in this action are 

already in effect, and will not be 

changed by this action. 

D. Proposed Rule 

On October 9, 2012 (77 FR 61326), 

EPA proposed to authorize changes to 

Indiana’s hazardous waste program and 

opened the decision to public comment. 

The Agency received no comments on 

this proposal. EPA found Indiana’s 

RCRA program to be satisfactory. 

E. What RCRA authorization has EPA 

previously granted Indiana to 

implement? 

Indiana initially received Final 

Authorization on January 31, 1986, 

effective January 31, 1986 (51 FR 3955) 

to implement the RCRA hazardous 

waste management program. We granted 

authorization for changes to their 

program on October 31, 1986, effective 

December 31, 1986 (51 FR 39752); 

January 5, 1988, effective January 19, 

1988 (53 FR 128); July 13, 1989, 

effective September 11, 1989 (54 FR 

29557); July 23, 1991, effective 

September 23, 1991 (56 FR 33717); July 

24, 1991, effective September 23, 1991 

(56 FR 33866); July 29, 1991, effective 

September 27, 1991 (56 FR 35831); July 

30, 1991, effective September 30, 1991 

(56 FR 36010); August 20, 1996, 

effective October 21, 1996 (61 FR 

43018); September 1, 1999, effective 

November 30, 1999 (64 FR 47692); 

January 4, 2001, effective January 4, 

2001 (66 FR 733); December 6, 2001 

effective December 6, 2001 (66 FR 

63331); October 29, 2004, effective 

October 29, 2004 (69 FR 63100); and 

November 23, 2005 effective November 

23, 2005 (70 FR 70740). 


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