Approval and Promulgation of Implementation Plans; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH106-1a; FRL-5890-9]

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On February 21, 1997 the Ohio Environmental Protection Agency

(Ohio EPA) submitted a State Implementation Plan (SIP) revision request

to USEPA under the Clean Air Act (CAA). This revision request contained

a number of rules and rule paragraphs formerly contained in the Ohio

Administrative Code (OAC) which had been incorporated in the Ohio SIP

but which had been amended or removed from the OAC by the State. The

State requested that these rules and rule paragraphs be removed from

the Ohio SIP since they were no longer part of the OAC. 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 appropriate 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 November 12, 1997 unless

substantive adverse written comments not previously addressed by the

State or USEPA are received by October 14, 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

This is a list of the affected rules and paragraphs accompanied by

an explanation of the action taken by the State as well as the reason

for the State's request to remove it from the SIP.

1. OAC 3745-21-02 Ambient Air Quality Standards and Guidelines

An amendment to this rule deleted Paragraph (C) because Paragraph

(C) was superseded by a revision to the National Ambient Air Quality

Standards (NAAQS).

2. OAC 3745-21-03 Methods of Ambient Air Quality Measurement

An amendment to this rule deleted Paragraph (D) because it was

superseded by a USEPA Reference Method.

3. OAC 3745-21-05 Non-Degradation Policy

This rule was rescinded because it has been superseded by Federal

Prevention of Significant Deterioration (PSD) regulations.

4. OAC 3745-22-01 Applicability

OAC 3745-22-02 Definitions. OAC 3745-22-03 Fuel Quality

Standards. OAC 3745-22-04 Registration. OAC 3745-22-05 Transfer

Documentation and Labeling. OAC 3745-22-06 Compliance Averaging. OAC

3745-22-07 Sampling, Test Methods, and Compliance Calculations. OAC

3745-22-08 Recordkeeping, Reporting, and Auditing

This Chapter of Ohio's Regulations was rescinded because Cuyahoga

County was redesignated as attaining the carbon monoxide NAAQS.

5. OAC 3745-23-03 Compliance Time Schedule

This rule was rescinded because it is outdated in that it requires

sources to comply not later than April 15, 1977.

6. OAC 3745-23-04 Non-Degradation Policy

This rule was rescinded because it was superseded by Federal PSD

regulations.

7. OAC 3745-23-05 Classification of Regions

This rule was rescinded because the State believes it to be

outdated. On May 8, 1974 (39 FR 16344) the Administrator of USEPA

promulgated regulations classifying all Ohio Air Quality Control

Regions as Priority III. This subsequent Federal rule supplanted the

State's classification of regions.

8. OAC 3745-102-07 Savings Provision

This rule was rescinded because Chapter 102 was approved by USEPA

as a general conformity SIP revision on March 11, 1996 (61 FR 9644).

II. Rulemaking Action

The USEPA approves the deletion of the following rules from the

Ohio SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC 3745-21-05, OAC

3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-22-04, OAC 3745-

22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08, OAC 3745-23-03,

OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07. Based on the

information submitted by Ohio, the USEPA has determined that the

deletions are approvable under the CAA. 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 written comments be filed. This action will be

effective on November 12, 1997 unless, by October 14, 1997, written

adverse or critical comments are received.

If the USEPA receives such written comments, this action will be

withdrawn before the effective date by publishing a subsequent

rulemaking that will withdraw the final action. Public comments

received will be addressed in a subsequent final rule based on this

action serving as a proposed rule. The USEPA does not plan to institute

a second comment

[[Page 47947]]

period on this action. Any parties interested in commenting on this

action should do so at this time. If no such written comments are

received, the public is advised that this action will be effective on

November 12, 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, Etc.

A. Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

B. Regulatory Flexibility

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-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 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, 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 the removal of pre-existing

requirements which are no longer a part of 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 section 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. Audit Privilege and Immunity Law

Nothing in this action should be construed as making any

determination or expressing any position regarding Ohio's audit

privilege and immunity law (Sections 3745.70--3745.73 of the Ohio

Revised Code). The USEPA will be reviewing the effect of the Ohio audit

privilege and immunity law on various Ohio environmental programs,

including those under the CAA, and taking appropriate action(s), if

any, after thorough analysis and opportunity for Ohio to state and

explain its views and positions on the issues raised by the law. The

action taken herein does not express or imply any viewpoint on the

question of whether there are legal deficiencies in this or any Ohio

CAA program resulting from the effect of the audit privilege and

immunity law. As a consequence of the review process, the regulations

subject to the action taken herein may be disapproved, Federal approval

for the CAA program under which they are implemented may be withdrawn,

or other appropriate action may be taken, as necessary.

F. Petitions for Judicial Review

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 November 12, 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, Carbon monoxide

and Hydrocarbons.

Dated: August 27, 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. 7401-7671(q).

Subpart KK--Ohio

2. Subpart KK is amended by adding Section 52.1890 to read as

follows:

Sec. 52.1890 Removed control measures.

On the dates listed below, Ohio requested that the indicated

control measures be removed from the Ohio State Implementation Plan

(SIP).

(a) On February 21, 1997, the State of Ohio requested that the

following rules and rule paragraphs be removed from the SIP because

they have been amended or revoked by the State subsequent to their

incorporation in the SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC

3745-21-05, OAC 3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-

22-04, OAC 3745-22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08,

OAC 3745-23-03, OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07.

(b)[Reserved]

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[FR Doc. 97-23977 Filed 9-11-97; 8:45 am]

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