57246 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 

1Although the E-Check program began on January 

1, 1996, there was a vehicle I/M program operating 

in the Cincinnati-Hamilton area prior to that date, 

and prior to November 15, 1990. 

Authority: 44 U.S.C. chs. 21, 29, and 33. 

■ 2. In § 1228.24, revise paragraph (b)(3) 

to read as follows: 

§ 1228.24 Formulation of agency records 

schedules. 

* * * * * 

(b) * * * 

(3) Records schedules submitted to 

NARA for approval on or after 

December 17, 2007, are media neutral, 

i.e., the disposition instructions apply to 

the described records in all media, 

unless the schedule identifies a specific 

medium for a specific series. 

* * * * * 

Dated: September 25, 2008. 

Adrienne C. Thomas, 

Deputy Archivist of the United States. 

[FR Doc. E8–23379 Filed 10–1–08; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1100; FRL–8723–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Removal of Vehicle Inspection and 

Maintenance Programs for Cincinnati 

and Dayton 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Ohio which 

allows the State to discontinue the 

vehicle inspection and maintenance (I/ 

M) program in the Cincinnati-Hamilton 

and Dayton-Springfield areas, also 

known as the E-Check program. The 

revision specifically requests that the ECheck program regulations be moved 

from the active control measures portion 

of the SIP to the contingency measures 

portion of the Cincinnati-Hamilton and 

Dayton-Springfield ozone maintenance 

plans. The Ohio Environmental 

Protection Agency (Ohio EPA) 

submitted this request on April 4, 2005, 

and supplemented it on May 20, 2005, 

February 14, 2006, May 9, 2006, October 

6, 2006, and February 19, 2008. EPA is 

approving Ohio’s request because the 

State has demonstrated that 

discontinuing the I/M program in the 

Cincinnati-Hamilton and DaytonSpringfield areas will not interfere with 

the attainment and maintenance of the 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS) and the fine 

particulate NAAQS or with the 

attainment and maintenance of other air 

quality standards. 

DATES: This final rule is effective on 

November 3, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2007–1100. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the U.S. Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. We recommend that you 

telephone Francisco J. Acevedo at (312) 

886–6061 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Environmental 

Protection Specialist, Criteria Pollutant 

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

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is our response to comments 

received on the notice of proposed 

rulemaking? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

The Cincinnati-Hamilton and DaytonSpringfield areas were required to 

implement ‘‘basic’’ I/M programs under 

section 182(b)(4) of the Clean Air Act 

(CAA) because they were originally 

designated as moderate 1-hour ozone 

nonattainment areas. In order to 

maximize nitrogen oxides (NOX), 

volatile organic compound (VOC), and 

carbon monoxide (CO) emissions 

reductions from the I/M program, Ohio 

EPA chose to implement an ‘‘enhanced’’ 

program in those areas and incorporated 

an on-board diagnostic (OBD) 

component into the programs. EPA fully 

approved Ohio’s I/M programs on April 

4, 1995 (60 FR 16989). The E-Check 

programs began operation on January 2, 

1996, to meet nonattainment area 

requirements for the ozone NAAQS 

effective at the time.1 The Cincinnati 

ozone nonattainment area also includes 

three counties (Boone, Campbell, and 

Kenton Counties) in northern Kentucky. 

Both the Cincinnati-Hamilton area 

and the Dayton-Springfield area have 

since been redesignated to attainment 

with respect to the 1-hour ozone 

NAAQS. The Cincinnati-Hamilton area 

was redesignated to attainment of the 1- 

hour ozone NAAQS on June 21, 2005 

(70 FR 35946). The Dayton-Springfield 

area was redesignated to attainment of 

the 1-hour ozone NAAQS on May 5, 

1995 (60 FR 22289). On August 13, 2007 

(72 FR 45169), EPA approved the 

redesignation of the Dayton-Springfield 

area to attainment with respect to the 8- 

hour ozone NAAQS. 

EPA approved maintenance plans for 

each of these areas in connection with 

these redesignations. These approved 

maintenance plans show that control 

measures in place in these areas are 

sufficient for overall emissions to 

remain beneath the attainment level of 

emissions until the end of the 

maintenance period. In both cases, the 

conformity budget in the maintenance 

plans reflects mobile source emissions 

without E-Check, and the maintenance 

plans demonstrate that the applicable 

standard will continue to be met 

without E-Check. In accordance with 

the CAA and EPA redesignation 

guidance, states are free to adjust 

control strategies in the maintenance 

plan as long as they can satisfy section 

110(l). With such a demonstration of 

non-interference with attainment or 

other applicable requirements, control 

programs may be discontinued and 

removed from the SIP. 

Ohio EPA submitted a revision to the 

Cincinnati-Hamilton and DaytonSpringfield portions of the Ohio SIP on 

April 4, 2005, and supplemented it on 

May 20, 2005, February 14, 2006, May 

9, 2006, October 6, 2006, and February 

19, 2008. This revision requested that 

the Ohio I/M programs in the 

Cincinnati-Hamilton and DaytonSpringfield areas be moved from the 

active control measures portion of the 

ozone SIP to the contingency measures 

portion of the Cincinnati-Hamilton and 

Dayton-Springfield Maintenance Plans. 

As part of its submittal, Ohio EPA 

demonstrated continued maintenance of 

the 1-hour ozone standard without 

taking credit for reductions from the 

Cincinnati-Hamilton E-Check program, 


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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 57247 

2Because the Dayton area is designated 

attainment for the 0.08 ppm 8-hour ozone standard, 

EPA’s future classification rule for that standard 

would not apply to that area. 

and continued maintenance of the 1- 

hour and 8-hour ozone standards 

without taking credit for reductions 

from the Dayton-Springfield E-Check 

program. 

In addition, Ohio adopted several 

measures to assure that the 

discontinuation of E-Check, which 

occurred starting January 1, 2006, does 

not interfere with timely attainment of 

the ozone air quality standard. All the 

replacement measures are currently in 

effect and establish obligatory 

requirements applicable to affected 

groups. 

The various measures adopted by 

Ohio to reduce VOC emissions include 

a rule requiring use of lower emitting 

solvents in cold cleaner degreasers, a 

rule requiring the use of more efficient 

paint application techniques for auto 

refinishing, and a rule requiring that 

portable fuel containers be designed for 

less volatilization and fuel spillage. EPA 

approved these rules on March 30, 2007 

(72 FR 15045). 

Ohio also adopted a rule requiring use 

of low volatility gasoline in the 

Cincinnati-Hamilton and DaytonSpringfield areas. EPA approved Ohio’s 

low vapor pressure gasoline rule on May 

25, 2007 (72 FR 29269). Because of a 

delay in the implementation of Ohio’s 

low vapor pressure gasoline program in 

2006, Ohio adopted a further rule to 

provide the necessary reductions in 

2006 and help compensate for the 

discontinuation of Ohio’s E-Check 

program. This rule retired 240 

allowances from the new source set 

aside for the ‘‘NOX SIP Call’’ trading 

program and EPA approved this rule on 

February 13, 2008 (73 FR 8197). 

EPA concludes that the combination 

of discontinuing E-Check and use of low 

volatility gasoline and the other control 

measures Ohio adopted will result in 

total emissions levels which will not 

interfere with attainment of the ozone 

standard. In addition, EPA believes that 

discontinuation of E-Check will clearly 

not interfere with the fine particulate 

NAAQS or with the attainment and 

maintenance of other air quality 

standards. 

II. What is our response to comments 

received on the notice of proposed 

rulemaking? 

The notice proposing to approve 

Ohio’s request to discontinue operation 

of the I/M programs in the CincinnatiHamilton and Dayton-Springfield areas 

was published in the Federal Register 

on July 24, 2008, and the public 

comment period for this notice closed 

on August 25, 2008. EPA received 

comments from two parties on the 

proposal. The first set of comments were 

sent by the Regional Air Pollution 

Control Agency of Dayton, Ohio fully 

supporting the proposal, and the second 

set of comments were from 

representatives of the Environmental 

Committee of the Ohio Utility Institute 

representing Buckeye Power, Inc., 

Columbus Southern Power Company, 

Dayton Power & Light Company, Duke 

Energy Ohio, Ohio Power Company, and 

Ohio Valley Electric Corporation. The 

utility comments do not contain 

objections to EPA’s proposed approval 

of the shutdown request per se, but 

instead object to the statement that the 

retirement of 240 allowances from the 

utility oxides of nitrogen trading 

program helped in temporarily 

compensating for emission increases 

resulting from I/M discontinuation. The 

utilities reiterated objections raised 

during the approval process of an earlier 

EPA action approving the retirement of 

the 240 allowances, a notice that was 

approved by EPA on February 13, 2008 

(73 FR 8197), and has been formally 

challenged by the utilities. Because EPA 

addressed these comments in this 

earlier rulemaking and the issues 

relating to the merits of the allowance 

rulemaking are currently being 

addressed through a separate petition 

for review process, and the utilities are 

not directly objecting to the merits of 

the I/M program shutdown, EPA is not 

elaborating further on its response to 

these comments. 

III. What action is EPA taking? 

EPA is approving Ohio’s 

demonstration that eliminating the I/M 

programs in the Cincinnati-Hamilton 

and Dayton-Springfield areas will not 

interfere with the attainment and 

maintenance of the ozone NAAQS and 

the fine particulate NAAQS and with 

the attainment and maintenance of other 

air quality standards and requirements 

of the CAA. We are further approving 

Ohio’s request to modify the SIP such 

that I/M is no longer an active program 

in these areas and is instead a 

contingency measure in these areas’ 

maintenance plans. 

As noted in the proposed notice, the 

Cincinnati area is currently designated 

nonattainment for ozone but is not 

classified. Pursuant to a decision of the 

Court of Appeals for the District of 

Columbia Circuit in the case of South 

Coast Air Quality Management Dist. v. 

EPA (472 F.3d 882 (D.C. Cir. 2006)), 

EPA will be reevaluating the 

classification of ozone nonattainment 

areas that were formerly classified as 

‘‘basic’’ for the .08 parts per million 

(ppm) standard. One possible outcome 

could be the reestablishment of a 

requirement for I/M for the Cincinnati 

area.2 However, for the reasons stated in 

the proposed notice, EPA believes that 

Ohio has satisfied currently applicable 

criteria for discontinuing I/M in the 

Cincinnati and Dayton areas. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 


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57248 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 December 1, 2008. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Particulate matter, Volatile organic 

compounds. 

Dated: September 24, 2008. 

Walter W. Kovalick Jr, 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 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 et seq. 

Subpart KK—Ohio 

■ 2. Section 52.1885 is amended by 

adding paragraph (gg) to read as follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(gg) Approval—EPA is approving 

requests submitted by the State of Ohio 

on April 4, 2005, and supplemented on 

May 20, 2005, February 14, 2006, May 

9, 2006, October 6, 2006, and February 

19, 2008, to discontinue the vehicle 

inspection and maintenance (I/M) 

program in the Cincinnati-Hamilton and 

Dayton-Springfield areas. The submittal 

also includes Ohio’s demonstration that 

eliminating the I/M programs in the 

Cincinnati-Hamilton and DaytonSpringfield areas will not interfere with 

the attainment and maintenance of the 

ozone NAAQS and the fine particulate 

NAAQS and with the attainment and 

maintenance of other air quality 

standards and requirements of the CAA. 

We are further approving Ohio’s request 

to modify the SIP such that I/M is no 

longer an active program in these areas 

and is instead a contingency measure in 

these areas’ maintenance plans. 

[FR Doc. E8–23245 Filed 10–1–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–8723–3] 

RIN 2060–AO80 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard Program Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on amendments to the Renewable 

Fuel Standard program requirements. 

Following publication of the final rule 

promulgating the Renewable Fuel 

Standard regulations, EPA discovered a 

number of technical errors and areas 

within the regulations that could benefit 

from clarification or modification. This 

direct final rule amends the regulations 

to make the appropriate corrections, 

clarifications and modifications. 

DATES: This direct final rule is effective 

on December 1, 2008 without further 

notice, unless EPA receives adverse 

comment by November 3, 2008. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0161, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov, 

Attention Air and Radiation Docket ID 

No. EPA–HQ–OAR–2005–0161. 

• Mail: Air and Radiation Docket, 

Docket No. EPA–HQ–OAR–2005–0161, 

Environmental Protection Agency, 

Mailcode: 6406J, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of 2 copies. 

• Hand Delivery: EPA Docket Center, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460, Attention Air and Radiation 

Docket, ID No. EPA–HQ–OAR–2005– 

0161. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0161. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 


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