[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Rules and Regulations]
[Pages 8170-8171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4422]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH49-1-6072; FRL-5649-6]


Approval and Promulgation of Implementation Plans; Ohio Stage II 
Vapor Recovery Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Technical amendment.

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SUMMARY: On October 20, 1994, the EPA published a direct final rule 
partially approving and partially disapproving the Ohio Stage II 
gasoline vapor recovery program. Subsequent to that publication, EPA 
approved additional sections of the Ohio Administrative Code (OAC) 
concerning control of volatile organic compounds, including Stage II 
test methods and a schedule for implementation. This second action 
inadvertently omitted mention of the OAC rules incorporated by 
reference in the codification of the October 20, 1994 document. This 
inadvertent omission of the incorporation by reference of the Stage II 
gasoline vapor recovery material was unintentional and is being 
corrected in this document.

EFFECTIVE DATE: February 24, 1997.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Air Programs Branch, 
Regulation Development Section (AR-18J), United States Environmental 
Protection, Region 5, Chicago, Illinois 60604, (312) 886-6084.

Background

    On June 13, 1996, the Ohio EPA notified the EPA that a correction 
was needed to the Code of Federal Regulations (CFR) regarding the 
codification of the Stage II gasoline vapor recovery program. The State 
noted that a portion of the Federal approval of the Stage II gasoline 
vapor recovery rules, published in the Federal Register on October 20, 
1994 (59 FR 52911), was missing from the CFR. On October 20, 1994, a 
direct final rule was published (59 FR 52915) which partially approved 
the Stage II gasoline vapor recovery program for selected areas in the 
State of Ohio. The direct final rule incorporated by reference Ohio 
Administrative Code (OAC) rules 3745-21-09(DDD) (1)-(4). This reference 
was inadvertently omitted from the subsequent publication of a direct 
final rule in the Federal Register on March 23, 1995 (60 FR 15235). 
This direct final rule approved OAC Chapter 3745-21, regarding volatile 
organic compound emissions, and included revisions to 40 CFR 
52.1870(c)(104). The EPA action published on March 23, 1995 (60 FR 
15240), inadvertently omitted the incorporation by reference of the 
previous partial approval of State rules requiring Stage II gasoline 
vapor recovery controls, codified at OAC rules 3745-21-09(DDD) (1)-(4), 
from its revisions to 40 CFR 52.1870(c)(104).

Action

    OAC rules 3745-21-09(DDD)(1)-(4) are hereby incorporated by 
reference into 40 CFR as Sec. 52.1870(c)(104)(i)(C). This action is 
prompted by a request from the State of Ohio to correct the CFR to 
include the reference of this codification.

Administrative 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. In addition, 
this action does not impose any enforceable duty or contain any 
unfunded mandate as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4), or require prior consultation with State 
officials as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), or involve special consideration of environmental justice 
related issues as required by

[[Page 8171]]

Executive Order 12898 (59 FR 7629, February 16, 1994).
    Because this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA 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 this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, air pollution control, Incorporation by 
reference, ozone, Volatile organic compounds.

    Dated: October 11, 1996.
David A. Ullrich,
Acting Regional Administrator.
    Title 40 of the Code of Federal Regulations, chapter I, part 52, 
subpart KK, 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--7671q.

    2. Section 52.1870 is amended by adding paragraph (c)(104)(i)(C) to 
read as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (104) * * *
    (i) * * *
    (C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), 
effective date March 31, 1993.

[FR Doc. 97-4422 Filed 2-21-97; 8:45 am]
BILLING CODE 6560-50-P