[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Pages 65572-65574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0807; FRL-9209-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Ohio Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving amendments to the Ohio Administrative Code 
(OAC) relating to the consolidation of Ohio's Ambient Air Quality 
Standards (AAQS) into Ohio's State Implementation Plan (SIP) under the 
Clean Air Act. On April 8, 2009, and August 11, 2009, Ohio EPA adopted 
amendments to various rules in the OAC to consolidate the state's AAQS. 
On September 10, 2009, Ohio EPA requested from EPA approval of 
amendments to the OAC with the intent to consolidate Ohio's AAQS into a 
single rule to provide greater accessibility for the regulated 
community and to the citizens of Ohio. EPA is approving the request 
because the revisions clarify the state's rules and thus better serve 
the purpose of providing for meeting these standards.

DATES: This direct final rule will be effective December 27, 2010, 
unless EPA receives adverse comments by November 26, 2010. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0807, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#7b1914090f011e0955111a023b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="9efcf1eceae4fbecb0f4ffe7defbeeffb0f9f1e8">[email protected]</span></a>.
    3. Fax: (312) 692-2054.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Such deliveries are only accepted during the 
Regional Office normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The Regional Office 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0807. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://www.regulations.gov your e-mail 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although

[[Page 65573]]

listed in the index, some information is not publicly available, e.g., 
CBI 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 http://www.regulations.gov or in 
hard copy at the 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 Federal holidays. We recommend that you telephone 
Melissa M. Barnhart, Environmental Scientist, at (312) 353-8647 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Melissa M. Barnhart, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8647, <a href="/cdn-cgi/l/email-protection#7f1d1e0d11171e0d0b51121a13160c0c1e3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="3a585b4854525b484e14575f565349495b7a5f4a5b145d554c">[email protected]</span></a>.

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. Review of the Request.
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On April 8, 2009, and August 11, 2009, Ohio EPA adopted amendments 
to various rules in the OAC to consolidate the state's AAQS. Prior to 
April, 2009, Ohio's AAQS were found in several of the 35 chapters of 
the OAC that are dedicated to Air Pollution Control. The wide 
scattering of these standards in the various chapters often caused 
confusion among the regulated community, requiring them to perform 
extensive searches to find individual standards. The intent of this 
rulemaking effort is to consolidate Ohio's AAQS into a single rule to 
provide greater accessibility for the regulated community and to the 
citizens of Ohio.

II. Review of the Request

    Ohio requests that EPA approve the reorganization of the AAQS as 
they apply to Ohio's SIP. Incorporating the air quality standards into 
Ohio's SIP helps assure that violations of the NAAQS are addressed. 
Consolidation of the various air quality standards into a single rule 
helps achieve that purpose by making the standards easier to find. 
Therefore, EPA is approving the following Ohio Administrative Code 
rules: 3745-17-03 ``Measurement methods and procedures.'', 3745-17-14 
``Contingency plan requirements for Cuyahoga and Jefferson counties.'', 
3745-18-03 ``Attainment dates and compliance time schedules.'', 3745-
23-01 ``Definitions.'', 3745-23-02 ``Methods of measurement.'', 3745-
25-01 ``Definitions.'', 3745-25-02 ``Ambient air quality standards.'', 
3745-25-03 ``Air pollution emergencies and episode criteria.'', 3745-
25-04 ``Air pollution emergency emission control action programs.'', 
and 3745-25-05 ``Air pollution emergency orders.''.

III. What action is EPA taking?

    EPA is approving amendments to the OAC relating to the 
consolidation of Ohio's AAQS into Ohio's SIP. We are publishing this 
action without prior proposal because we view this as a 
noncontroversial amendment and anticipate no adverse comments. However, 
in the proposed rules section of this Federal Register publication, we 
are publishing a separate document that will serve as the proposal to 
approve the state plan if relevant adverse written comments are filed. 
This rule will be effective December 27, 2010 without further notice 
unless we receive relevant adverse written comments by November 26, 
2010. If we receive such comments, we will withdraw this action before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed action. The 
EPA will not institute a second comment period. Any parties interested 
in commenting on this action should do so at this time. Please note 
that if EPA receives adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment. If we do not 
receive any comments, this action will be effective December 27, 2010.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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).
    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

[[Page 65574]]

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 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 December 27, 2010. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 17, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(151) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (151) On September 10, 2009, Ohio EPA submitted amendments to the 
OAC with the intent to consolidate Ohio's Ambient Air Quality Standards 
into a single rule to provide greater accessibility for the regulated 
community and to the citizens of Ohio. EPA is approving the request 
because the revisions clarify the state's rules and thus better serve 
the purpose of providing for meeting these standards.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-17-03 ``Measurement methods 
and procedures.'', effective April 18, 2009.
    (B) Ohio Administrative Code Rule 3745-17-14 ``Contingency plan 
requirements for Cuyahoga and Jefferson counties.'', effective April 
18, 2009.
    (C) Ohio Administrative Code Rule 3745-18-03 ``Attainment dates and 
compliance time schedules.'', effective April 18, 2009.
    (D) Ohio Administrative Code Rule 3745-23-01 ``Definitions.'', 
effective April 18, 2009.
    (E) Ohio Administrative Code Rule 3745-23-02 ``Methods of 
measurement.'', effective April 18, 2009.
    (F) Ohio Administrative Code Rule 3745-25-01 ``Definitions.'', 
effective April 18, 2009.
    (G) Ohio Administrative Code Rule 3745-25-02 ``Ambient air quality 
standards.'', effective April 18, 2009.
    (H) Ohio Administrative Code Rule 3745-25-03 ``Air pollution 
emergencies and episode criteria.'', effective August 21, 2009.
    (I) Ohio Administrative Code Rule 3745-25-04 ``Air pollution 
emergency emission control action programs.'', effective April 18, 
2009.
    (J) Ohio Administrative Code Rule 3745-25-05 ``Air pollution 
emergency orders.'', effective April 18, 2009.
    (K) April 8, 2009, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio Environmental Protection Agency.
    (L) August 11, 2009, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.

[FR Doc. 2010-26963 Filed 10-25-10; 8:45 am]
BILLING CODE 6560-50-P


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