65572 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(150) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(150) On August 22, 2008, Ohio 

submitted revisions to 

Ohio Administrative Code Chapter 

3745–17, Rules 3745–17–01 through 

3745–112–14. The revisions contain 

particulate matter standards in the State 

of Ohio necessary to attain and maintain 

the 2006 24-hour PM2.5, annual PM2.5

and 24-hour PM10 NAAQS. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–17–01 Definitions: (A) and (B), 

Rule 3745–17–02 Ambient air quality 

standards, Rule 3745–17–04 

Compliance time schedules, Rule 3745– 

17–07 Control of visible particulate 

emissions from stationary sources, Rule 

3745–17–08 Restriction of emission of 

fugitive dust, Rule 3745–17–09 

Restrictions on particulate emissions 

and odors from incinerators, Rule 3745– 

17–10 Restrictions on particulate 

emissions from fuel burning equipment, 

Rule 3745–17–12 Additional restrictions 

on particulate emissions from specific 

air contaminant sources in Cuyahoga 

county, Rule 3745–17–13 Additional 

restrictions on particulate emissions 

from specific air contaminant sources in 

Jefferson county, and Rule 3745–17–14 

Contingency plan requirements for 

Cuyahoga and Jefferson counties. The 

rules became effective on February 1, 

2008. 

(B) January 22, 2008, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

(ii) Additional Information. 

(A) Ohio Administrative Code Rule 

3745–17–01 Definitions: (C), effective 

on February 1, 2008. 

■ 3. Section 52.1890 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1890 Removed control measures. 

* * * * * 

(d) On August 22, 2008, Ohio 

requested that Ohio Administrative 

Code 3745–17–05 ‘‘Non-degradation 

Policy.’’ be removed from the Ohio SIP. 

The rule was rescinded statewide on 

February 1, 2008. 

■ 4. Section 52.1919 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1919 Identification of plan— 

conditional approval. 

* * * * * 

(c) On August 22, 2008, the Ohio 

Environmental Protection Agency 

submitted a revision to Ohio 

Administrative Code (OAC) 3745–17– 

11. The rule establishes a particulate 

emission limit for coating operations in 

lieu of generic emission limits based on 

the weight of processed materials. On 

July 2, 2010, Ohio submitted a 

commitment to amend OAC 3745–17– 

11 by November 25, 2011. The 

amendment would provide that any 

exemption granted by the state for 

sources too large to meet the coating 

work practice requirement must be 

submitted for EPA approval as a State 

Implementation Plan (SIP) revision. 

When EPA determines the state has met 

its commitment, OAC 3745–17–11 will 

be incorporated by reference into the 

SIP. 

[FR Doc. 2010–26880 Filed 10–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0807; FRL–9209–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving 

amendments to the Ohio Administrative 

Code (OAC) relating to the 

consolidation of Ohio’s Ambient Air 

Quality Standards (AAQS) into Ohio’s 

State Implementation Plan (SIP) under 

the Clean Air Act. On April 8, 2009, and 

August 11, 2009, Ohio EPA adopted 

amendments to various rules in the 

OAC to consolidate the state’s AAQS. 

On September 10, 2009, Ohio EPA 

requested from EPA approval of 

amendments to the OAC with the intent 

to consolidate Ohio’s AAQS into a 

single rule to provide greater 

accessibility for the regulated 

community and to the citizens of Ohio. 

EPA is approving the request because 

the revisions clarify the state’s rules and 

thus better serve the purpose of 

providing for meeting these standards. 

DATES: This direct final rule will be 

effective December 27, 2010, unless EPA 

receives adverse comments by 

November 26, 2010. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0807, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0807. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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 docket 

are listed in the http:// 

www.regulations.gov index. Although 


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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 65573 

listed in the index, some information is 

not publicly available, e.g., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Melissa M. Barnhart, 

Environmental Scientist, at (312) 353– 

8647 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Melissa M. Barnhart, Environmental 

Scientist, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8647, 

barnhart.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. Review of the Request. 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On April 8, 2009, and August 11, 

2009, Ohio EPA adopted amendments to 

various rules in the OAC to consolidate 

the state’s AAQS. Prior to April, 2009, 

Ohio’s AAQS were found in several of 

the 35 chapters of the OAC that are 

dedicated to Air Pollution Control. The 

wide scattering of these standards in the 

various chapters often caused confusion 

among the regulated community, 

requiring them to perform extensive 

searches to find individual standards. 

The intent of this rulemaking effort is to 

consolidate Ohio’s AAQS into a single 

rule to provide greater accessibility for 

the regulated community and to the 

citizens of Ohio. 

II. Review of the Request 

Ohio requests that EPA approve the 

reorganization of the AAQS as they 

apply to Ohio’s SIP. Incorporating the 

air quality standards into Ohio’s SIP 

helps assure that violations of the 

NAAQS are addressed. Consolidation of 

the various air quality standards into a 

single rule helps achieve that purpose 

by making the standards easier to find. 

Therefore, EPA is approving the 

following Ohio Administrative Code 

rules: 3745–17–03 ‘‘Measurement 

methods and procedures.’’, 3745–17–14 

‘‘Contingency plan requirements for 

Cuyahoga and Jefferson counties.’’, 

3745–18–03 ‘‘Attainment dates and 

compliance time schedules.’’, 3745–23– 

01 ‘‘Definitions.’’, 3745–23–02 ‘‘Methods 

of measurement.’’, 3745–25–01 

‘‘Definitions.’’, 3745–25–02 ‘‘Ambient air 

quality standards.’’, 3745–25–03 ‘‘Air 

pollution emergencies and episode 

criteria.’’, 3745–25–04 ‘‘Air pollution 

emergency emission control action 

programs.’’, and 3745–25–05 ‘‘Air 

pollution emergency orders.’’. 

III. What action is EPA taking? 

EPA is approving amendments to the 

OAC relating to the consolidation of 

Ohio’s AAQS into Ohio’s SIP. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective December 27, 2010 without 

further notice unless we receive relevant 

adverse written comments by November 

26, 2010. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should 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. If we do not receive 

any comments, this action will be 

effective December 27, 2010. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not 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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 


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65574 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 27, 

2010. 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. 

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, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 17, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 40 CFR part 52 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 et seq. 

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(151) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(151) On September 10, 2009, Ohio 

EPA submitted amendments to the OAC 

with the intent to consolidate Ohio’s 

Ambient Air Quality Standards into a 

single rule to provide greater 

accessibility for the regulated 

community and to the citizens of Ohio. 

EPA is approving the request because 

the revisions clarify the state’s rules and 

thus better serve the purpose of 

providing for meeting these standards. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–17–03 ‘‘Measurement methods 

and procedures.’’, effective April 18, 

2009. 

(B) Ohio Administrative Code Rule 

3745–17–14 ‘‘Contingency plan 

requirements for Cuyahoga and Jefferson 

counties.’’, effective April 18, 2009. 

(C) Ohio Administrative Code Rule 

3745–18–03 ‘‘Attainment dates and 

compliance time schedules.’’, effective 

April 18, 2009. 

(D) Ohio Administrative Code Rule 

3745–23–01 ‘‘Definitions.’’, effective 

April 18, 2009. 

(E) Ohio Administrative Code Rule 

3745–23–02 ‘‘Methods of 

measurement.’’, effective April 18, 2009. 

(F) Ohio Administrative Code Rule 

3745–25–01 ‘‘Definitions.’’, effective 

April 18, 2009. 

(G) Ohio Administrative Code Rule 

3745–25–02 ‘‘Ambient air quality 

standards.’’, effective April 18, 2009. 

(H) Ohio Administrative Code Rule 

3745–25–03 ‘‘Air pollution emergencies 

and episode criteria.’’, effective August 

21, 2009. 

(I) Ohio Administrative Code Rule 

3745–25–04 ‘‘Air pollution emergency 

emission control action programs.’’, 

effective April 18, 2009. 

(J) Ohio Administrative Code Rule 

3745–25–05 ‘‘Air pollution emergency 

orders.’’, effective April 18, 2009. 

(K) April 8, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

(L) August 11, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2010–26963 Filed 10–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2010–0074; 

92220–1113–0000; ABC Code: C6] 

RIN 1018–AX37 

Endangered and Threatened Wildlife 

and Plants; Reinstatement of 

Protections for the Gray Wolf in the 

Northern Rocky Mountains in 

Compliance With a Court Order 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with a court 

order that has the effect of reinstating 

the regulatory protections under the 

Endangered Species Act of 1973, as 

amended (ESA), for the gray wolf (Canis 

lupus) in most of the northern Rocky 

Mountains. Pursuant to the District of 

Montana court order dated August 5, 

2010, this rule corrects the gray wolf 

listing for the northern half of Montana, 

the northern panhandle of Idaho, the 

eastern third of Washington and Oregon, 

and north-central Utah as endangered 

and reinstates the former special rules 

designating the gray wolf in the 

remainder of Montana and Idaho as 

nonessential experimental populations. 

Because ESA protections were not 

removed in Wyoming by our April 2, 

2009 (74 FR 15123), final delisting rule, 

Wyoming is not impacted by this final 

rule. 

DATES: This action is effective October 

26, 2010. However, the court order had 

legal effect immediately upon its filing 

at 2:43 p.m. Mountain Daylight Time on 

August 5, 2010. 

ADDRESSES: This final rule is available 

on the Internet at http:// 

www.regulations.gov. It will also be 

available for inspection, by 

appointment, during normal business 

hours at U.S. Fish and Wildlife Service, 

Office of the Western Gray Wolf 

Recovery Coordinator, 585 Shepard 

Way, Helena, Montana 59601. Call (406) 

449–5225 to make arrangements. 

FOR FURTHER INFORMATION CONTACT: For 

information on wolves in the northern 

Rocky Mountains, contact Edward E. 

Bangs, Western Gray Wolf Recovery 

Coordinator, U.S. Fish and Wildlife 

Service, at our Helena office (see 

ADDRESSES) or telephone (406) 449– 

5225, extension 204. Individuals who 

are hearing-impaired or speechimpaired may call the Federal Relay 


erowe on DSK5CLS3C1PROD with RULES