Approval and Promulgation of Maintenance Plan Revisions; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH115-2; FRL-6120-7]

Approval and Promulgation of Maintenance Plan Revisions; Ohio

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Environmental Protection Agency (USEPA) is

finalizing a May 21, 1998, proposal to approve an Ohio State

Implementation Plan (SIP) revision to remove the air quality triggers

from each of the following Ohio maintenance area contingency plans:

Canton (Stark County), Cleveland (Lorain, Cuyahoga, Lake, Ashtabula,

Geauga, Medina, Summit and Portage Counties), Columbus (Franklin,

Delaware and Licking Counties), Steubenville (Jefferson County), Toledo

(Lucas and Wood Counties), Youngstown (Mahoning and Trumbull Counties)

as well as Clinton County, Columbiana County and Preble County.

EFFECTIVE DATE: This action will be effective on July 7, 1998.

ADDRESSES: Copies of the documents relevant to this action are

available for inspection during normal business hours at the following

location:

[[Page 36586]]

Regulation Development Section, Air Programs Branch, (AR-18J), U.S.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604. Please contact Scott Hamilton at (312) 353-

4775 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Scott Hamilton, Environmental

Scientist, Regulation Development Section, Air Programs Branch (AR-

18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604, (312) 353-4775.

SUPPLEMENTARY INFORMATION:

I. Background

On May 21, 1998, USEPA published a proposed rule proposing to

approve an April 27, 1998, request from Ohio to remove the air quality

triggers from contingency plans in the Ohio areas subject to the first

round of one hour ozone standard revocations. The areas subject to the

first round of revocations attained the one hour ozone standard based

on air monitoring data from 1994-1996. The May 21, 1998, proposal

solicited written comments from May 21, 1998 to June 22, 1998. No

comments were received regarding this proposal.

On June 5, 1998, a final rulemaking was published revoking the one

hour ozone standard for the following Ohio maintenance areas (63 FR

31013): Canton (Stark County), Cleveland (Lorain, Cuyahoga, Lake,

Ashtabula, Geauga, Medina, Summit and Portage Counties), Columbus

(Franklin, Delaware and Licking Counties), Steubenville (Jefferson

County), Toledo (Lucas and Wood Counties), Youngstown (Mahoning and

Trumbull Counties) as well as Clinton County, Columbiana County and

Preble County.

II. Response to Public Comments

The public comment period on USEPA's proposal to approve Ohio's

request ended on June 22, 1998. No public comments were received on

USEPA's proposed approval.

III. USEPA Final Action

USEPA is approving in final the maintenance plan revisions to

remove the air quality triggers in the Ohio ozone maintenance areas

listed in the Summary section of this document.

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.

IV. Administrative Procedure Act

This action will be effective immediately upon publication in the

Federal Register pursuant to the Administrative Procedure Act, 5 U.S.C.

553(d)(1) and (3) (APA) for good cause. A delayed effective date is

unnecessary due to the nature of this action, which removes certain SIP

measures related to the 1-hour ozone standard, which has been revoked.

The thirty day delay of the effective date of this action generally

required by the Administrative Procedure Act is unwarranted in that it

does not serve the public interest to unnecessarily delay the effective

date of this action.

V. Administrative Requirements

(A) Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

(B) Executive Order 13045

This rule is not subject to Executive Order 13045, titled

``Protection of Children's Health from Environmental Health Risks and

Safety Risks,'' because it is not an ``economically significant''

action under Executive Order 12866.

(C) Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids USEPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

(D) 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 under state or local law, and imposes no new requirements.

Accordingly, no additional costs to state, local, or tribal

governments, or the private sector, result from this action.

(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). USEPA will be reviewing the effect of the Ohio audit

privilege and immunity law on various Ohio environmental programs,

including those under the Clean Air Act, 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 Clean Air Act 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 Clean Air Act program under which they are

implemented may be withdrawn, or other appropriate action may be taken,

as necessary.

(F) Congressional Review Act

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. USEPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

[[Page 36587]]

(G) Petitions for Judicial Review

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 September 8, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for 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)).

VI. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Nitrogen oxides, Implementation

plans.

Dated: June 25, 1998.

William E. Muno,

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 et. seq.

Subpart KK--Ohio

2. Section 52.1885 is amended by adding paragraph (a)(8) to read as

follows:

Sec. 52.1885 Control Strategy: Ozone

(a) * * *

(8) Approval--On April 27, 1998, Ohio submitted a revision to

remove the air quality triggers from the ozone maintenance plans for

the following areas in Ohio: Canton (Stark County), Cleveland (Lorain,

Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage

Counties), Columbus (Franklin, Delaware and Licking Counties),

Steubenville (Jefferson County), Toledo (Lucas and Wood Counties),

Youngstown (Mahoning and Trumbull Counties) as well as Clinton County,

Columbiana County, and Preble County.

[FR Doc. 98-17972 Filed 7-6-98; 8:45 am]

BILLING CODE 6560-50-P