[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
* * * * *
[FR Doc. 97-23977 Filed 9-11-97; 8:45 am]
BILLING CODE 6560-50-P