18520 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH106–1a; FRL–5808–5]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: On November 12, 1996,

USEPA received a State Implementation

Plan (SIP) revision request from the

Ohio Environmental Protection Agency

(Ohio EPA). This revision request was

in the form of an amendment to the

Ohio Administrative Code (OAC) which

added an additional exemption from

organic compound emission controls for

qualifying new sources. 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

adverse 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 June

16, 1997 unless substantive adverse

comments not previously addressed by

the State or USEPA are received by May

16, 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

Rule 3745–21–07 of the Ohio

Administrative Code (OAC) specifies

organic compound control requirements

for existing stationary sources located in

twenty-eight Ohio Counties: Butler,

Clark, Clermont, Cuyahoga, Darke,

Delaware, Fairfield, Franklin, Geauga,

Greene, Hamilton, Lake, Licking, Lorain,

Lucas, Madison, Medina, Miami,

Montgomery, Perry, Pickaway, Portage,

Preble, Starke, Summit, Union, Warren

and Wood which are referred to as

‘‘Priority I’’ counties in Rule 3745–21–

06. It should be noted that Rule 3745–

21–06 which lists the counties subject to

the requirements of Rule 3745–21–07 is

not being considered as part of this

direct final rule. Rule 3745–21–07 also

specifies organic compound control

requirements for all new stationary

sources regardless of location.

On November 12, 1996, USEPA

received a SIP revision request from

Ohio EPA in the form of an October 7,

1996 amendment to Rule 3745–21–07—

Section(G)(9)(g)—which added an

additional exemption from organic

compound emission controls for

qualifying new sources which met three

requirements.

1. The Director of the Ohio EPA

determined that ‘‘Best Available

Technology’’ (BAT) for the emissions

unit, as required by Ohio’s permit to

install rules, is either less stringent than

or inconsistent with the requirements of

OAC Rule 3745–21–07(G). The term

‘‘BAT’’ is defined at Section 3704.01 of

the Ohio Regulatory Code (ORC). Since

a BAT determination could be less

stringent than the USEPA definition of

reasonably available control technology

(RACT) requirements due to Ohio’s

definition of BAT, in cases where an

emissions limitation is applicable, the

BAT determination must reflect the

lowest emission limit that the emissions

unit is capable of meeting by the

application of control technology that is

reasonably available considering

technological and economic feasibility.

In addition, the BAT determination for

an emissions unit located within an

ozone nonattainment area must comply

with Section 193 (General Savings

Clause) of the Clean Air Act (Act).

2. The USEPA has provided written

approval of the issuance of a permit to

install for the emissions unit.

3. The issued permit to install

contains terms and conditions

specifying the BAT requirements for the

emissions unit, and the permit is issued

by Ohio EPA in a manner that makes the

terms and conditions of the permit

federally enforceable.

In addition to adopting Section

(G)(9)(g), the October 7, 1996, final rule

made a limited number of changes to

portions of OAC Rule 3745–21–07

previously adopted and approved by

USEPA. USEPA has reviewed these

changes and found them to be

nonsubstantive.

II. Rulemaking Action

The USEPA approves the

incorporation of Section (G)(9)(g) of

OAC Rule 3745–21–07 into the Ohio

SIP. Because nonsubstantive revisions

were also made to Rule 3745–21–07, the

USEPA is incorporating all of Rule

3745–21–07 so that the text of the

current State rule is identical to the text

of the federally approved rule. 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

comments be filed. This action will be

effective on June 16, 1997 unless, by

May 16, 1997, adverse or critical

comments are received.

If the USEPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action. All

public comments received will be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The USEPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on June 16, 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

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary D.

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. section 600 et seq., USEPA
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations 18521

must prepare a regulatory flexibility

analysis assessing the impact of any

proposed or final rule on small entities.

5 U.S.C. sections 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 Act 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 pre-existing

requirements under 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 5 U.S.C. 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. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by June 16, 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, Hydrocarbons.

Dated: April 1, 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. 7401–7671q.

Subpart KK—Ohio

2. Section 52.1870 is amended by

adding paragraph (c)(114) to read as

follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(114) On November 12, 1996, the

Ohio Environmental Protection Agency

submitted a request to incorporate

section(G)(9)(g) of Rule 3745–21–07 of

the Ohio Administrative Code into the

Ohio State Implementation Plan (SIP).

Section (G)(9)(g) provides an additional

exemption from organic compound

emission controls for qualifying new

sources. Because, in the process of

adopting section(G)(9)(g), minor

editorial changes were made to other

parts of Rule 3745–21–07, the United

States Environmental Protection Agency

is incorporating all of Rule 3745–21–07

into the Ohio SIP. This will avoid

confusion by making the SIP approved

rule identical to the current State rule.

(i) Incorporation by reference.

(A) Rule 3745–21–07 of the Ohio

Administrative Code, adopted October

7, 1996, effective October 31, 1996, as

certified by Donald R. Schregardus,

Director of the Ohio Environmental

Protection Agency.

[FR Doc. 97–9752 Filed 4–15–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[IN73–1a; FRL–5807–9]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: In this action, USEPA is

approving a State Implementation Plan

Revision (SIP) request submitted by the

Indiana Department of Environmental

Management (IDEM) on October 2, 1996,

to eliminate references to total

suspended particulates (TSP) while

maintaining the existing opacity

requirements. This SIP revision will

also enable the removal of the TSP

designation table for Indiana counties

from 40 CFR 81.315.

DATES: This action is effective on June

16, 1997, unless USEPA receives

adverse or critical comments by May 16,

1997. If the effective date is delayed,

timely notification will be published in

the Federal Register.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Ryan Bahr, Environmental Engineer,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353–4366.

SUPPLEMENTARY INFORMATION:

I. Background

On April 30, 1971, the USEPA

promulgated primary and secondary

standards for particulate matter (PM)

measured as total suspended

particulates (TSP) (36 FR 8166). On July

1, 1987 (52 FR 24633), the National

Ambient Air Quality Standard (NAAQS)