[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Rules and Regulations]
[Pages 47946-47947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23977]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH106-1a; FRL-5890-9]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: On February 21, 1997 the Ohio Environmental Protection Agency
(Ohio EPA) submitted a State Implementation Plan (SIP) revision request
to USEPA under the Clean Air Act (CAA). This revision request contained
a number of rules and rule paragraphs formerly contained in the Ohio
Administrative Code (OAC) which had been incorporated in the Ohio SIP
but which had been amended or removed from the OAC by the State. The
State requested that these rules and rule paragraphs be removed from
the Ohio SIP since they were no longer part of the OAC. In this action,
USEPA is approving the State's SIP revision request through a ``direct
final'' rulemaking; the rationale for this approval is set forth below.
Elsewhere in this Federal Register, USEPA is proposing approval and
soliciting comment on this direct final action; if appropriate comments
are received, USEPA will withdraw the direct final rulemaking and
address the comments received in a new final rule; otherwise, no
further rulemaking will occur on this SIP revision request.
DATES: This action will be effective November 12, 1997 unless
substantive adverse written comments not previously addressed by the
State or USEPA are received by October 14, 1997. If the effective date
of this action is delayed due to adverse comments, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois, 60604.
Copies of the Ohio submittal are available for public review during
normal business hours, between 8:00 a.m. and 4:30 p.m., at the above
address.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Telephone: (312) 886-6036.
SUPPLEMENTARY INFORMATION:
I. Background
This is a list of the affected rules and paragraphs accompanied by
an explanation of the action taken by the State as well as the reason
for the State's request to remove it from the SIP.
1. OAC 3745-21-02 Ambient Air Quality Standards and Guidelines
An amendment to this rule deleted Paragraph (C) because Paragraph
(C) was superseded by a revision to the National Ambient Air Quality
Standards (NAAQS).
2. OAC 3745-21-03 Methods of Ambient Air Quality Measurement
An amendment to this rule deleted Paragraph (D) because it was
superseded by a USEPA Reference Method.
3. OAC 3745-21-05 Non-Degradation Policy
This rule was rescinded because it has been superseded by Federal
Prevention of Significant Deterioration (PSD) regulations.
4. OAC 3745-22-01 Applicability
OAC 3745-22-02 Definitions. OAC 3745-22-03 Fuel Quality
Standards. OAC 3745-22-04 Registration. OAC 3745-22-05 Transfer
Documentation and Labeling. OAC 3745-22-06 Compliance Averaging. OAC
3745-22-07 Sampling, Test Methods, and Compliance Calculations. OAC
3745-22-08 Recordkeeping, Reporting, and Auditing
This Chapter of Ohio's Regulations was rescinded because Cuyahoga
County was redesignated as attaining the carbon monoxide NAAQS.
5. OAC 3745-23-03 Compliance Time Schedule
This rule was rescinded because it is outdated in that it requires
sources to comply not later than April 15, 1977.
6. OAC 3745-23-04 Non-Degradation Policy
This rule was rescinded because it was superseded by Federal PSD
regulations.
7. OAC 3745-23-05 Classification of Regions
This rule was rescinded because the State believes it to be
outdated. On May 8, 1974 (39 FR 16344) the Administrator of USEPA
promulgated regulations classifying all Ohio Air Quality Control
Regions as Priority III. This subsequent Federal rule supplanted the
State's classification of regions.
8. OAC 3745-102-07 Savings Provision
This rule was rescinded because Chapter 102 was approved by USEPA
as a general conformity SIP revision on March 11, 1996 (61 FR 9644).
II. Rulemaking Action
The USEPA approves the deletion of the following rules from the
Ohio SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC 3745-21-05, OAC
3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-22-04, OAC 3745-
22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08, OAC 3745-23-03,
OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07. Based on the
information submitted by Ohio, the USEPA has determined that the
deletions are approvable under the CAA. The USEPA is publishing this
action without prior proposal because USEPA views this as a
noncontroversial revision and anticipates no adverse comments.
However, in a separate document in this Federal Register
publication, the USEPA is proposing to approve the SIP revision should
adverse or critical written comments be filed. This action will be
effective on November 12, 1997 unless, by October 14, 1997, written
adverse or critical comments are received.
If the USEPA receives such written comments, this action will be
withdrawn before the effective date by publishing a subsequent
rulemaking that will withdraw the final action. Public comments
received will be addressed in a subsequent final rule based on this
action serving as a proposed rule. The USEPA does not plan to institute
a second comment
[[Page 47947]]
period on this action. Any parties interested in commenting on this
action should do so at this time. If no such written comments are
received, the public is advised that this action will be effective on
November 12, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
III. Administrative Requirements, Etc.
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Act forbids USEPA to base its actions concerning SIPs
on such grounds. Union Electric Co. v. EPA., 427 U.S. 246, 256-66
(1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, USEPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves the removal of pre-existing
requirements which are no longer a part of State or local law. No new
Federal requirements are imposed. Accordingly, no additional costs to
state, local, or tribal governments, or the private sector, result from
this action.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a major rule as defined by section
804(2).
E. Audit Privilege and Immunity Law
Nothing in this action should be construed as making any
determination or expressing any position regarding Ohio's audit
privilege and immunity law (Sections 3745.70--3745.73 of the Ohio
Revised Code). The USEPA will be reviewing the effect of the Ohio audit
privilege and immunity law on various Ohio environmental programs,
including those under the CAA, and taking appropriate action(s), if
any, after thorough analysis and opportunity for Ohio to state and
explain its views and positions on the issues raised by the law. The
action taken herein does not express or imply any viewpoint on the
question of whether there are legal deficiencies in this or any Ohio
CAA program resulting from the effect of the audit privilege and
immunity law. As a consequence of the review process, the regulations
subject to the action taken herein may be disapproved, Federal approval
for the CAA program under which they are implemented may be withdrawn,
or other appropriate action may be taken, as necessary.
F. 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 November 12, 1997. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide
and Hydrocarbons.
Dated: August 27, 1997.
Michelle D. Jordan,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671(q).
Subpart KK--Ohio
2. Subpart KK is amended by adding Section 52.1890 to read as
follows:
Sec. 52.1890 Removed control measures.
On the dates listed below, Ohio requested that the indicated
control measures be removed from the Ohio State Implementation Plan
(SIP).
(a) On February 21, 1997, the State of Ohio requested that the
following rules and rule paragraphs be removed from the SIP because
they have been amended or revoked by the State subsequent to their
incorporation in the SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC
3745-21-05, OAC 3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-
22-04, OAC 3745-22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08,
OAC 3745-23-03, OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07.
(b)[Reserved]
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[FR Doc. 97-23977 Filed 9-11-97; 8:45 am]
BILLING CODE 6560-50-P
