Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62737

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 1, 1995.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 917—KENTUCKY

1. The authority citation for Part 917

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 917.15 is amended by

adding paragraph (zz) to read as follows:

§ 917.15 Approval of regulatory program

amendments.

* * * * *

(zz) Revisions to the following rules,

as submitted to OSM on August 2, 1994,

and revised on January 11, 1995, are

approved effective December 7, 1995:

405 KAR 16:010

Sections 1, 6, 7, and 8 General Provisions/

Surface Mines

405 KAR 18:010

Sections 4, 5, and 6 General Provisions/

Underground Mines

[FR Doc. 95–29876 Filed 12–6–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH80–2–7241; FRL–5340–1]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Final rule.

SUMMARY: The USEPA is approving, in

final, Ohio’s 1990 base-year ozone

precursor emissions inventories for the

Canton, Cincinnati-Hamilton,

Cleveland-Akron-Lorain and

Youngstown-Warren-Sharon ozone

nonattainment areas as revisions to the

Ohio State Implementation Plan (SIP).

The emissions inventories were

submitted to satisfy a Federal

requirement that States containing

ozone nonattainment areas submit

inventories of actual ozone precursor

emissions for the year 1990. The Ohio

ozone nonattainment areas covered by

this rulemaking are Canton (Stark

County); Cincinnati-Hamilton (Butler,

Clermont, Hamilton and Warren

Counties); Cleveland-Akron-Lorain

(Ashtabula, Cuyahoga, Geauga, Lake,

Lorain, Medina, Portage and Summit

Counties); and Youngstown-WarrenSharon (Mahoning and Trumbull

Counties).

EFFECTIVE DATE: This action will be

effective January 8, 1996.

ADDRESSEES: Copies of the State

submittal and USEPA’s analysis of it are

available for inspection at the following

location (it is recommended you contact

William Jones at (312) 886–6058 before

visiting the Region 5 office): J. Elmer

Bortzer, Chief, Regulation Development

Section, Regulation Development

Branch (AR–18J), USEPA, Region 5, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

William Jones, Environmental Engineer,

Regulation Development Section,

Regulation Development Branch (AR–

18J), USEPA, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604,

(312) 886–6058.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(a)(1) of the Clean Air Act

Amendments of 1990 (Act) requires

States with ozone nonattainment areas

to submit a comprehensive, accurate

and current inventory of actual ozone

precursor emissions (which includes

volatile organic compounds (VOC),

nitrogen oxides (NOX), and carbon

monoxide (CO)) for each ozone

nonattainment area by November 15,

1992. This inventory must include

anthropogenic base-year (1990)

emissions from stationary point, area,

non-road mobile, and on-road mobile

sources, as well as biogenic (naturally

occurring) sources in all ozone

nonattainment areas. The emissions

inventory must be based on conditions

that exist during the peak ozone season

(generally the period when peak hourly

ozone concentrations occur in excess of

the primary ozone National Ambient Air

Quality Standard—NAAQS). Ohio’s

annual ozone season is from April 1 to

October 31 of each year.

II. Criteria for Evaluating Ozone

Emissions Inventories

Guidance for preparing and reviewing

the emission inventories is provided in

the following USEPA guidance

documents or memoranda: ‘‘State

Implementation Plans; General

Preamble for the Implementation of

Title I of the Act,’’ (Preamble) as

published in the April 16, 1992 Federal

Register (57 FR 13498); ‘‘Emission

Inventory Requirements for Ozone State

Implementation Plans,’’ (EPA–450/4–

91–010) dated March 1991; a

memorandum from John Calcagni,

Director, Air Quality Management

Division, OAQPS, entitled ‘‘Public

Hearing Requirements for the 1990

Base-Year Emissions Inventories for

Ozone and Carbon Monoxide

Nonattainment Areas,’’ dated September

29, 1992; ‘‘Procedures for the

Preparation of Emissions Inventories for

Carbon Monoxide and Precursors of

Ozone, Volumes I and II,’’ (EPA–450/4–

91–016 and EPA–450/4–91–014)

(Procedures; Volumes I and II) dated

May 1991; and ‘‘Procedures for

Emissions Inventories Preparation,

Volume IV: Mobile Sources,’’ (EPA–450/

4–81–026d) (Procedures; Volume IV)

dated 1992.

As a primary tool for the review of the

quality of emission inventories, the

USEPA has also developed three levels

(I, II, and III) of emission inventories

checklists. The Level I and II checklists

are used to determine that all required

components of the base-year emission

inventory and associated documentation

are present. These reviews also evaluate

the level of quality of the associated

documentation and the data provided

by the State and assess whether the

emission estimates were developed

according to the USEPA guidance. The

Level III review evaluates crucial

aspects and the overall acceptability of

the emission inventory submittal.

Failure to meet one of the ten critical

aspects would lead to disapproval of the

emissions inventory submittal.

Detailed Level I and II review

procedures can be found in the USEPA

guidance document entitled ‘‘Quality

Review Guidelines for 1990 Base Year

Emissions Inventories,’’ (Quality

Review) (EPA–454/R–92–007) dated

August 1992. Level III criteria were

attached to a memorandum from John S.

Seitz, Director, Office of Air Quality

Planning and Standards, entitled

‘‘Emission Inventory Issue,’’ dated June

24, 1993. The Level I, II, and III

checklists used in reviewing this

emissions inventory submittal are

attached to a USEPA technical support

document dated October 3, 1995.

III. State Submittal

On March 15, 1994, the Ohio

Environmental Protection Agency

(OEPA) submitted a revision to the

ozone portion of Ohio’s SIP which

consisted of the 1990 base-year ozone

emissions inventory for the following
62738 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

ozone nonattainment areas in Ohio:

Canton, Cincinnati-Hamilton,

Cleveland-Akron-Lorain, Columbus,

Dayton-Springfield, Toledo and

Youngstown-Warren-Sharon. The

USEPA has completed its review of the

emissions inventories submitted for the

Canton (which includes Stark County),

Cincinnati-Hamilton (which includes

Butler, Clermont, Hamilton and Warren

Counties), Cleveland-Akron-Lorain

(Ashtabula, Cuyahoga, Geauga, Lake,

Lorain, Medina, Portage and Summit

Counties) and Youngstown-WarrenSharon (which includes Mahoning and

Trumbull Counties) ozone

nonattainment areas. Revisions to the

March 1994 submittal were submitted

on June 8 and August 18, 1995 for these

areas. These revisions addressed

deficiencies highlighted in USEPA’s

proposed rulemaking. The 1990 baseyear emissions inventories submitted for

the Toledo and Dayton-Springfield were

approved in a rulemaking published in

the Federal Register on March 22, 1995

(60 FR 15053). The emissions inventory

submitted for the Columbus area will be

addressed in a separate rulemaking.

Inventory Preparation Plan/Quality

Assurance Plan

All States were required to submit an

Inventory Preparation Plan (IPP) to

USEPA for review and approval by

October 1, 1991. The IPP documents the

procedures utilized in the development

of an emissions inventory and contains

the quality assurance and quality

control plan (QA/QC). On March 19,

1992, the State of Ohio submitted a final

ozone emissions IPP. On April 15, 1992,

USEPA informed the State that the IPP

was not approvable at the time.

Subsequently, USEPA has worked with

the State to correct deficiencies in the

IPP. With the March 1994 SIP revision

request, the State submitted

documentation of how the emissions

inventory was prepared, as well as a

quality assurance report for the point,

area, and mobile source portions of the

emissions inventory. The USEPA finds

that this documentation and quality

assurance report are acceptable to meet

the requirements of an IPP.

Point Source Emissions Inventory

For each nonattainment area, the State

submitted a point source emissions

inventory of all facilities that emit at

least 10 tons per year (tpy) of VOC, or

100 tpy NOX or CO. The State also

included sources that emit 100 tpy of

VOC, CO, or NOX located in a 25-mile

boundary surrounding each

nonattainment area. The point source

emissions inventory contains general

facility information, number of sources,

production schedules and related

emissions for each source, emissions

limitation, control efficiency and rule

effectiveness (RE), as applicable, and

total emissions on an annual and daily

ozone season basis.

The following methods were

employed by the State to identify

sources to be included in the 1990 baseyear emissions inventory: The 1989

records for plants in the Emissions

Inventory System (EIS) were checked

and plants meeting the VOC, CO or NOX

criteria were revised with 1990

emissions data; the air permit records

were reviewed for plants that are

candidates for inclusion in the point

source inventory; and current industrial

directories and the Toxic Release

Information System (TRIS) database

were checked for additional point

source emissions. For facilities in the

point source inventory, the State

acquired the emissions data by means of

the following: Mail surveys; plant

inspections; telephone calls; and air

permit files.

The USEPA reviewed the point source

emissions data by cross referencing the

point source inventory to the following

sources: (1) USEPA’s guidance

document entitled ‘‘Major CO, NO2, and

VOC Sources in the 25–Mile Boundary

Around Ozone Nonattainment Areas,

Volume I: Classified Ozone

Nonattainment Areas,’’ (EPA–450/4–92–

005a) February 1992; a 1990 TRIS

Retrieval; and a 1990 Aerometric

Information Retrieval Systems (AIRS)

Facility Subsystem—Emission to

Compliance Comparison Report.

Where a source was governed by a

regulation or a control device, the

emissions limit was stated. A RE factor

was then applied in the determination

of emissions. In accordance with

USEPA guidance, a standard RE factor

of 80 percent was utilized, unless

otherwise justified.

Area Source Emissions Inventory

Area source emissions were

calculated using State-specific data as

well as USEPA guidance documents and

technical memoranda developed for

various categories. The State utilized

emission factors from Procedures;

Volumes I and IV, and AP–42 and

provided necessary documentation. The

following area source categories were

included in the emissions inventory:

Gasoline loading and distribution, dry

cleaning, degreasing, architectural

surface coatings, traffic markings,

automobile refinishing, graphic arts,

cutback asphalt, pesticide application,

commercial/consumer solvents,

bakeries, waste management practices

(landfills), leaking underground storage

tanks, incineration of solid waste,

stationary fossil fuel combustion, and

fires (structural, open burn, etc.).

Vehicle refueling emissions were

included as part of the mobile source

emissions inventory.

The area source inventory was

reviewed utilizing USEPA’s guidance

documents, and the Level I and II

checklists, to ensure that all source

categories and their related emissions

(and emission factors) were included in

the area source emissions inventory.

Seasonal adjustments, rule

effectiveness, and rule penetration

factors were applied as indicated in the

State submittal.

On-Road Mobile Source Emissions

Inventory

Development of Emission Factors

In the development of the mobile

source emissions inventory, the State

utilized USEPA’s mobile source

emissions model, Mobile 5a, for the

determination of emissions factors for

eight vehicle types and twelve roadway

types. Hard-copy documentation of the

input and output files are provided in

the State’s submittal. Where available,

the State-specific inputs were utilized in

the development of the input files for

Mobile 5a.

Development of Vehicle Miles Travelled

(VMT)

Canton, Cleveland-Akron-Lorain and

Youngstown-Warren-Sharon Areas: The

1990 VMT for each roadway type was

developed by the Ohio Department of

Transportation (ODOT). ODOT

maintains data on each section of

highway in the State of Ohio. VMT were

developed by the State Road Inventory

System and reported through the

Highway Performance Monitoring

System (HPMS) to the Federal Highway

Administration (FHWA).

Each roadway section daily VMT

(dVMT) is computed as the annual

average daily traffic (AADT) for that

section times the length of the section.

The county DVMT is the sum of the

DVMT for each highway functional

classifications in the county. The total

dVMTs are then summed as a statewide

total. The statewide totals are then

compared by functional class to the

1990 HPMS submittal. For those

classifications were traffic counts are

available for all or nearly all their

sections, the totals were essentially the

same. For those with more off-systems

roads, the resulting totals were larger

than the HPMS’s submittal value (as

expected). Correction factors were

computed from the two sets of totals

and applied to the individual cells.
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62739

ODOT used permanent and portable

vehicle classification equipment to

develop the vehicle mix by functional

classification of highway. Traficomp III

vehicle classification equipment are

used to support the HPMS data

collection effort. A software program

called OHIO CONVERT formats vehicle

classification data into the FHWA

Vehicle Classification categories.

Cincinnati-Hamilton Area: For the

Cincinnati-Hamilton area, the OhioKentucky-Indiana Regional Council of

Governments (OKI) was responsible for

the development of the mobile source

emissions inventory. OKI developed

this inventory for the Ohio and

Kentucky portions of the interstate

nonattainment area. OKI utilized the

OKI Travel Demand Model to estimate

the traffic volume on each roadway

segment and an OKI utility program to

which calculates the loaded speed, VMT

and emissions for each roadway

segment.

The OKI travel demand model is a

computerized travel demand forecasting

model for the entire interstate

nonattainment area. The model uses a

four phase sequential travel demand

forecasting process of trip generation,

distribution modal choice and

assignment. The OKI Travel Demand

Model is composed of TRANPLAN

programs and Fortran programs written

by OKI.

The model takes zonal demographic

data and the transportation network as

inputs and produces estimated traffic

volumes on each roadway segment in

the network. Traffic zones are the

analysis units in the model. The OKI

region is divided into 909 zones. The

output of the model is a loaded highway

network which contains information for

each link such as initial speed, capacity,

distance, functional class district

number area type and forecasted traffic.

Off-Road Mobile Source Emissions

Inventory

Canton, Cincinnati-Hamilton and

Youngstown-Warren-Sharon Areas: The

State developed emissions estimates for

the following off-road categories

according to USEPA guidance: Aircraft,

railroad locomotives, recreational

boating, off road motorcycles,

agricultural equipment, construction

equipment, industrial equipment, and

lawn and garden equipment.

Documentation was provided as to the

sources of emissions factors utilized and

were submitted in the area source

emissions inventory portion of the

submittal.

Cleveland-Akron-Lorain Area: The

State utilized emissions estimates for

non-road emissions developed by the

Office of Mobile Sources (OMS -

USEPA) in October 1992, in accordance

with USEPA requirements for the

Cleveland-Akron-Lorain off-road mobile

source emissions inventory. These OMS

emissions estimates are provided for offroad diesel engines, as well as twostroke and four-stroke gasoline engines,

including off-road motorcycles,

construction equipment, farm

equipment, lawn and garden equipment,

industrial equipment, and recreational

vessels. In addition, the State included

in the off-road mobile source inventory

emissions from aircraft, railroads, and

commercial vessels, which are not

included in the OMS data. These

estimates were developed using

emissions factors from AP–42 and

activity factors gathered from various

sources.

The off-road mobile source inventory

was reviewed utilizing the Level I and

II checklists and USEPA’s guidance

documents to ensure that all source

categories and their related emissions

factors were included in the off-road

mobile source emissions inventory.

Biogenic Emissions Inventory

The State of Ohio developed the

naturally occurring (biogenic) emissions

for the Canton, Cincinnati-Hamilton,

Cleveland-Akron-Lorain and

Youngstown-Warren-Sharon areas

according to a USEPA’s guidance

document entitled ‘‘User’s Guide to the

Personal Computer Version of the

Biogenic Emissions Inventory System

(PC-BEIS),’’ (EPA–450/4–91–017) dated

July 1991. Meteorological data utilized

in PC-BEIS was collected in accordance

with USEPA guidance. The ten warmest

days from the period between 1988 to

1990 with the highest hourly peak

ozone concentrations in each ozone

nonattainment areas was collected and

reviewed. As required by USEPA

guidance, the corresponding ozone

concentration to the fourth highest daily

maximum temperature for each

nonattainment area was selected and

utilized in the model. The State

provided hard copy documentation as to

the meteorological inputs utilized and

PC-BEIS output files for the biogenic

emissions inventory for the Canton,

Cincinnati-Hamilton, Cleveland-AkronLorain and Youngstown-Warren-Sharon

nonattainment areas.

IV. Approval of the Emissions

Inventories

In a letter addressed to Robert

Hodanbosi, Chief, Division of Air

Pollution Control, OEPA, dated March

23, 1995, USEPA provided comments

on the 1990 base-year ozone emissions

inventories submitted for the Canton,

Cincinnati-Hamilton, Cleveland-AkronLorain and Youngstown-Warren-Sharon

areas. These comments addressed

corrections that would be needed before

the inventories could be finally

approved.

In a letter dated June 8, 1995, the

State of Ohio provided a response to

comments on the area, on-road and offroad mobile, and biogenic source

emissions. The USEPA has reviewed

these responses and finds that the State

has satisfied the Agency’s comments

and that the emissions inventory for the

area, on-road mobile, non-road mobile,

and biogenic sources is approvable.

At the time of the proposed

rulemaking, the State had not responded

to the point source emissions inventory

comments that were stated in the March

23, 1995, letter (these comments

addressed possible facilities that may be

required to be included in the point

source emissions inventory). The

USEPA proposed to approve the State’s

point source emissions inventory

contingent upon the State’s response

(and completion of USEPA’s review) to

the point source emissions comments.

In a letter dated August 18, 1995, the

State of Ohio provided a response to

comments on the point source

emissions inventory. The USEPA has

reviewed these responses and finds that

the State has satisfied the Agency’s

comments and that the emissions

inventory for point sources is

approvable.

V. Summary of Ozone Emissions

Inventory

The following summary indicates the

emissions inventories for an average

ozone summer weekday for the Canton,

Cincinnati-Hamilton, Cleveland-AkronLorain and Youngstown-Warren-Sharon

ozone nonattainment areas. The

emissions are stated in tons per ozone

season weekday:
62740 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

CANTON OZONE NONATTAINMENT AREA

[Tons per day]

Source type VOC CO NOX

Point Sources ............................................................................................................................... 12.36 40.17 6.74

Area Sources ............................................................................................................................... 18.93 1.54 0.98

On-Road Mobile Sources ............................................................................................................ 31.66 188.59 16.24

Off-Road Mobile Sources ............................................................................................................ 23.72 63.00 15.89

Biogenic Sources ......................................................................................................................... 36.66 ........................ ........................

Totals ................................................................................................................................. 123.33 293.30 39.85

CINCINNATI-HAMILTON OZONE NONATTAINMENT AREA

[Tons per day]

Source type VOC CO NOX

Point Sources ............................................................................................................................... 70.43 88.79 280.67

Area Sources ............................................................................................................................... 64.48 5.41 2.29

On-Road Mobile Sources ............................................................................................................ 125.84 793.16 130.68

Off-Road Mobile Sources ............................................................................................................ 37.37 274.57 34.45

Biogenic Sources ......................................................................................................................... 109.04 ........................ ........................

Totals ................................................................................................................................. 407.16 1161.93 448.09

CLEVELAND-AKRON-LORAIN OZONE NONATTAINMENT AREA

[Tons per day]

Source type VOC CO NOX

Point Sources ............................................................................................................................... 82.22 208.69 245.59

Area Sources ............................................................................................................................... 120.86 12.64 9.54

On-Road Mobile Sources ............................................................................................................ 248.37 1402.01 176.58

Off-Road Mobile Sources ............................................................................................................ 80.19 808.32 70.92

Biogenic Sources ......................................................................................................................... 195.37 ........................ ........................

Totals ................................................................................................................................. 727.01 2431.66 502.63

YOUNGSTOWN-WARREN-SHARON OZONE NONATTAINMENT AREA

[Tons per day]

Source type VOC CO NOX

Point Sources ............................................................................................................................... 16.71 18.74 23.25

Area Sources ............................................................................................................................... 27.80 13.02 7.00

On-Road Mobile Sources ............................................................................................................ 48.98 293.54 29.87

Off-Road Mobile Sources ............................................................................................................ 13.48 87.88 10.99

Biogenic Sources ......................................................................................................................... 50.26 ........................ ........................

Totals ................................................................................................................................. 157.23 413.18 71.11

VI. Proposed Rulemaking Action and

Solicitation of Public Comment

On July 10, 1995, USEPA published a

rulemaking proposing to approve the

emissions inventories submitted by the

State of Ohio for the Canton, CincinnatiHamilton, Cleveland-Akron-Lorain, and

Youngstown-Warren-Sharon ozone

nonattainment areas (refer to 60 FR

35535). No comments were submitted to

USEPA on this proposed action. Also,

the proposed rulemaking discussed the

use of a letter notice procedure for final

approval of this SIP revision. The

USEPA has decided to take final action

through the Federal Register and not

use the letter notice procedure for this

action.

VII. Final Action

The USEPA is approving, in final,

Ohio’s 1990 base-year ozone precursor

emissions inventories for the Canton

(Stark County); Cincinnati-Hamilton

(Butler, Clermont, Hamilton and Warren

Counties); Cleveland-Akron-Lorain

(Ashtabula, Cuyahoga, Geauga, Lake,

Lorain, Medina, Portage and Summit

Counties); and Youngstown-WarrenSharon (Mahoning and Trumbull

Counties) ozone nonattainment areas.

These emissions inventories were

submitted as revision to Ohio’s State

Implementation Plan.

VIII. General Provisions

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 any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62741

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

IX. Regulatory Process

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-forprofit 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, I

certify 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

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids USEPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995, signed into law on March 22,

1995, USEPA must undertake various

actions in association with proposed or

final rules that include a Federal

mandate that may result in estimated

costs of $100 million or more to the

private sector, or to State, local, or tribal

governments in the aggregate.

Through submission of the state

implementation plan or plan revisions

approved in this action, the State has

elected to adopt the program provided

for under section 110 of the Clean Air

Act. The rules and commitments being

approved in this action may bind State,

local and tribal governments to perform

certain actions and also may ultimately

lead to the private sector being required

to perform certain duties. To the extent

that the rules and commitments being

approved by this action will impose or

lead to the imposition of any mandate

upon the State, local or tribal

governments either as the owner or

operator of a source or as a regulator, or

would impose or lead to the imposition

of any mandate upon the private sector,

EPA’s action will impose no new

requirements; such sources are already

subject to these requirements under

State law. Accordingly, no additional

costs to State, local, or tribal

governments, or to the private sector,

result from this action. The USEPA has

also determined that this action does

not include a mandate that may result

in estimated costs or $100 million or

more to State, local, or tribal

governments in the aggregate or to the

private sector. Approval of Ohio’s

emissions inventories does not impose

any new requirements on small entities.

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 February 5, 1996.

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,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: November 20, 1995.

Valdas V. Adamkus,

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 52.1885 is amended by

adding new paragraph (v) to read as

follows:

§ 52.1885 Control Strategy: Ozone.

* * * * *

(v) Approval—The 1990 base-year

ozone emissions inventory requirement

of Section 182(a)(1) of the Clean Air Act

has been satisfied for the Canton (Stark

County); Cincinnati-Hamilton (Butler,

Clermont, Hamilton and Warren

Counties); Cleveland-Akron-Lorain

(Ashtabula, Cuyahoga, Geauga, Lake,

Lorain, Medina, Portage and Summit

Counties); and Youngstown-WarrenSharon (Mahoning and Trumbull

Counties) areas.

[FR Doc. 95–29755 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[Region II Docket No. 146, NJ23–1–7243(a);

FRL–5322–2]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of New Jersey;

Revised Policy Regarding Applicability

of Oxygenated Fuels Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On June 9, 1995, the New

Jersey Department of Environmental

Protection (NJDEP) submitted requests

to redesignate the Camden County

nonattainment area and nine notclassified areas from nonattainment to

attainment for carbon monoxide (CO).

Under the Clean Air Act as amended in

1990 (CAA), designations can be revised

if sufficient data is available to warrant

such revisions. In this action, EPA is

approving the New Jersey requests

because they meet the redesignation

requirements set forth in the CAA,

which include the submittal of

maintenance plans.

In addition, EPA is approving two

related State Implementation Plan (SIP)

submissions by NJDEP. On November

15, 1992, NJDEP submitted a final 1990

base year emission inventory for CO

emissions. This includes emissions data

for the entire State for all sources of CO

in New Jersey’s CO nonattainment areas.

NJDEP also submitted contingency

measures in the event the State fails to

maintain the national ambient air

quality standards for CO or if its vehicle

miles travelled forecast is exceeded. In

this action, EPA is approving New

Jersey’s CO emissions inventory

submission and contingency measures.

EFFECTIVE DATES: This final rule is

effective on February 5, 1996 unless

adverse or critical comments are

received by January 8, 1996. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: William S. Baker,

Chief, Air Programs Branch,