47946 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

Dated: August 29, 1997.

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

[FR Doc. 97–24297 Filed 9–11–97; 8:45 am]

BILLING CODE 3810–FF–P

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
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 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 preexisting 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:

§ 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5892–1]

Texas: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Texas has

applied for final authorization to revise

to its hazardous waste program under

the Resource Conservation and

Recovery Act (RCRA). The EPA