Approval and Promulgation of Air Quality Implementation Plans; Ohio; Proposal To Approve Revision to Ohio State Implementation Plan To Rescind Oxides of Nitrogen Rule, 31129-31131 [E6-8467]
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules
§ 1.199–8
Other rules.
[The text of the amendments to this
proposed section is the same as the text
of § 1.199–8T published elsewhere in
this issue of the Federal Register.]
Mark E. Mathews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 06–4827 Filed 5–24–06; 11:47 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
[EPA–R05–OAR–2006–0052; FRL–8177–9]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio:
Carbon Monoxide Maintenance Plan
Updates; Limited Maintenance Plan
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SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve
an October 20, 2005, request from Ohio
for a State Implementation Plan (SIP)
revision of the Cuyahoga County carbon
monoxide (CO) maintenance plan. The
CO maintenance plan revision is an
update to the current approved
maintenance plan and continues to
demonstrate maintenance of the CO
National Ambient Air Quality Standard
(NAAQS) for an additional 10 years.
The maintenance plan revision is
submitted as a limited maintenance
plan for the Cuyahoga County, Ohio
carbon monoxide area. This submittal is
to meet a requirement under the Clean
Air Act.
DATES: Comments must be received on
or before July 3, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0052, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312)886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J), Air
Programs Branch, Air and Radiation
Division, U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, (AR–
18J), Air Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
15:19 May 31, 2006
Jkt 208001
Patricia Morris, Environmental
Scientist, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8656,
morris.patricia@epa.gov.
In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. 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. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
VerDate Aug<31>2005
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.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
Dated: May 19, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 06–5014 Filed 5–31–06; 8:45 am]
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31129
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0354; FRL–8177–7]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Proposal To Approve Revision to Ohio
State Implementation Plan To Rescind
Oxides of Nitrogen Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a revision to the Ohio State
Implementation Plan (SIP) to rescind a
rule which originally affected stationary
combustion sources located within
Priority I regions of the State and, new
sources regardless of location. The rule
revision we are proposing to approve
also applies to nitric acid manufacture.
EPA is proposing to approve this rule
rescission because we agree with Ohio
that the rescinded rule is no longer the
limiting regulation for any oxides of
nitrogen (NOX) emission units in the
State. The rule was originally approved
over 30 years ago and has been
superseded by a number of State
regulations and Federal Regulations of
equivalent or more stringent nature. The
Ohio NOX SIP Call rules and Federal
emissions standards for utility and
industrial units all have greater
potential for reducing emissions of NOX
and improving human health than does
the State’s rescinded rule. Rescinding
this rule removes any confusion in the
affected community over which rule
applies to NOX sources in Ohio. EPA
believes that an approval of this rule
revision request would have no adverse
effect on air quality.
DATES: Comments must be received on
or before July 3, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–0354, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J), Air
Program Branch, U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, (AR–
18J), Air Program Branch, U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
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31130
Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules
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–2006–
0354. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
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 https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
VerDate Aug<31>2005
15:19 May 31, 2006
Jkt 208001
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 John Paskevicz, Engineer, at
(312) 886–6084 before visiting the
Region 5 office.
John
Paskevicz, Engineer, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6084,
or via e-mail at paskevicz.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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 Should I Consider as I Prepare My
Comments for EPA?
II. Who Is Affected by This Rule?
III. What Is the Impact on Air Quality Due
to the Rescission of this Rule?
IV. Did the Public Have Opportunity To
Review and Make Comment on the
State’s Action?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews.
I. What Should I Consider as I Prepare
My Comments for EPA?
A. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI). In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
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4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. Who Is Affected by This Rule?
In taking the action to rescind Ohio
Administrative Code (OAC) 3745–23–
06, the State of Ohio has determined
that no one is affected by this rule. We
agree. The State reviewed its NOX plan
and found that this 30-year old rule no
longer applies to any source in the State.
The rule has been made redundant and
out-of-date by a series of rulemakings
over the past years. Most recently, the
State’s NOX SIP Call rule which reduces
NOX emissions, a summertime ozone
precursor, has a greater health benefit
because the emission rates associated
with the NOX SIP Call are significantly
more stringent than OAC 3745–23–06.
Similarly, 40 CFR Part 60, subpart Da
and subpart G emission rates are more
stringent than the rule Ohio is
rescinding.
III. What Is the Impact on Air Quality
Due to the Rescission of This Rule?
The State noted that only one unit (a
boiler at the General Motors Corporation
Moraine Assembly Plant) was affected
by this rule, the only unit in the State
in which the Title V permit referenced
this rule. This source was closed
permanently in August 2003. The
closure of that unit reduced the
emissions of NOX into the atmosphere
resulting in a reduction of ozone
precursor during the summertime and
the reduction of acid rain precursor
during the other seasons. No other
source permits issued by Ohio rely on
this rule to control emissions of NOX.
IV. Did the Public Have Opportunity To
Review and Make Comment on the
State’s Action?
Yes. On December 1, 2004, a public
hearing was held in Columbus, Ohio.
No comments were made at the hearing,
and no comments were received from
the public during the comment period.
Comment was received from a staff
member of Ohio EPA Division of Air
Pollution Control. The commenter noted
that for one type of unit the rule is more
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules
stringent than the Federal performance
standard for the type of fuel burned. The
State responded by writing that Ohio
relies on the Federal New Source
Performance Standards (NSPS) to set
standards for appropriate units and the
State emission standards are not
intended to be more restrictive than
NSPS. Ohio statute prohibits State rules
more stringent than Federal rules. While
this action appears to be a relaxation for
an oil-fired unit, the backstop is the
Federal NSPS. However, as comments
were being considered by the State, the
source (General Motors Corporation)
shut down the Moraine Assembly Plant
boiler. This unit was the only boiler
affected by the rescinded rule. All other
existing boilers of 250 million BTU per
hour or larger in size are covered by the
NOX SIP Call and have emissions caps
during the ozone season.
V. What Action Is EPA Taking Today?
We are proposing to approve the
State’s request to rescind the rule OAC
3745–23–06. A review of the Ohio Title
V permit list shows that the only permit
still in the system which references this
rule is for a 250 million BTU boiler
formerly owned by the General Motors
Corporation (GM). The GM Moraine
assembly plant permit applies to a gas
fired boiler (with oil back-up) which
ceased operation in 2003, about a year
before this action (to rescind this rule)
was approved by the Ohio EPA Director.
Citizens who wish to comment on this
action are encouraged to do so within
the time-frame noted in the front of this
notice.
VI. Statutory and Executive Order
Reviews
Executive Order 12866; Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, September 30, 1993), this action
is not a ‘‘significant regulatory action’’
and therefore is not subject to review by
the Office of Management and Budget.
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Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Flexibility Act
This proposed action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
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15:19 May 31, 2006
Jkt 208001
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve
pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it 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).
Executive Order 13132 Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act.
Executive Order 13175 Consultation
and Coordination With Indian Tribal
Governments
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 13045 Protection of
Children From Environmental Health
and Safety Risks
This proposed rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
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31131
National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272,
requires Federal agencies to use
technical standards that are developed
or adopted by voluntary consensus to
carry out policy objectives, so long as
such standards are not inconsistent with
applicable law or otherwise impractical.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Absent a prior
existing requirement for the state to use
voluntary consensus standards, EPA has
no authority to disapprove a SIP
submission for failure to use such
standards, and it would thus be
inconsistent with applicable law for
EPA to use voluntary consensus
standards in place of a program
submission that otherwise satisfies the
provisions of the Clean Air Act.
Therefore, the requirements of section
12(d) of the NTTA do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Dated: May 17, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. E6–8467 Filed 5–31–06; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; FCC 06–58]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities; Misuse of Internet
Protocol (IP) Relay Service and Video
Relay Service
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, the
Commission addresses the misuse of the
two Internet-based forms of
Telecommunications Relay Service
(TRS), Internet Protocol (IP) Relay
Service and Video Relay Service (VRS),
and seeks comment on possible changes
to the TRS regulations to curtail their
misuse.
DATES: Comments are due on or before
July 3, 2006. Reply comments are due
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Agencies
[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Proposed Rules]
[Pages 31129-31131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8467]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0354; FRL-8177-7]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Proposal To Approve Revision to Ohio State Implementation Plan To
Rescind Oxides of Nitrogen Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a revision to the Ohio State
Implementation Plan (SIP) to rescind a rule which originally affected
stationary combustion sources located within Priority I regions of the
State and, new sources regardless of location. The rule revision we are
proposing to approve also applies to nitric acid manufacture. EPA is
proposing to approve this rule rescission because we agree with Ohio
that the rescinded rule is no longer the limiting regulation for any
oxides of nitrogen (NOX) emission units in the State. The
rule was originally approved over 30 years ago and has been superseded
by a number of State regulations and Federal Regulations of equivalent
or more stringent nature. The Ohio NOX SIP Call rules and
Federal emissions standards for utility and industrial units all have
greater potential for reducing emissions of NOX and
improving human health than does the State's rescinded rule. Rescinding
this rule removes any confusion in the affected community over which
rule applies to NOX sources in Ohio. EPA believes that an
approval of this rule revision request would have no adverse effect on
air quality.
DATES: Comments must be received on or before July 3, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0354, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
(AR-18J), Air Program Branch, U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, (AR-18J), Air Program Branch, U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago,
[[Page 31130]]
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-
2006-0354. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 https://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. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although 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 https://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 legal
holidays. We recommend that you telephone John Paskevicz, Engineer, at
(312) 886-6084 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6084, or via e-mail at
paskevicz.john@epa.gov.
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 Should I Consider as I Prepare My Comments for EPA?
II. Who Is Affected by This Rule?
III. What Is the Impact on Air Quality Due to the Rescission of this
Rule?
IV. Did the Public Have Opportunity To Review and Make Comment on
the State's Action?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews.
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Who Is Affected by This Rule?
In taking the action to rescind Ohio Administrative Code (OAC)
3745-23-06, the State of Ohio has determined that no one is affected by
this rule. We agree. The State reviewed its NOX plan and
found that this 30-year old rule no longer applies to any source in the
State. The rule has been made redundant and out-of-date by a series of
rulemakings over the past years. Most recently, the State's
NOX SIP Call rule which reduces NOX emissions, a
summertime ozone precursor, has a greater health benefit because the
emission rates associated with the NOX SIP Call are
significantly more stringent than OAC 3745-23-06. Similarly, 40 CFR
Part 60, subpart Da and subpart G emission rates are more stringent
than the rule Ohio is rescinding.
III. What Is the Impact on Air Quality Due to the Rescission of This
Rule?
The State noted that only one unit (a boiler at the General Motors
Corporation Moraine Assembly Plant) was affected by this rule, the only
unit in the State in which the Title V permit referenced this rule.
This source was closed permanently in August 2003. The closure of that
unit reduced the emissions of NOX into the atmosphere
resulting in a reduction of ozone precursor during the summertime and
the reduction of acid rain precursor during the other seasons. No other
source permits issued by Ohio rely on this rule to control emissions of
NOX.
IV. Did the Public Have Opportunity To Review and Make Comment on the
State's Action?
Yes. On December 1, 2004, a public hearing was held in Columbus,
Ohio. No comments were made at the hearing, and no comments were
received from the public during the comment period. Comment was
received from a staff member of Ohio EPA Division of Air Pollution
Control. The commenter noted that for one type of unit the rule is more
[[Page 31131]]
stringent than the Federal performance standard for the type of fuel
burned. The State responded by writing that Ohio relies on the Federal
New Source Performance Standards (NSPS) to set standards for
appropriate units and the State emission standards are not intended to
be more restrictive than NSPS. Ohio statute prohibits State rules more
stringent than Federal rules. While this action appears to be a
relaxation for an oil-fired unit, the backstop is the Federal NSPS.
However, as comments were being considered by the State, the source
(General Motors Corporation) shut down the Moraine Assembly Plant
boiler. This unit was the only boiler affected by the rescinded rule.
All other existing boilers of 250 million BTU per hour or larger in
size are covered by the NOX SIP Call and have emissions caps
during the ozone season.
V. What Action Is EPA Taking Today?
We are proposing to approve the State's request to rescind the rule
OAC 3745-23-06. A review of the Ohio Title V permit list shows that the
only permit still in the system which references this rule is for a 250
million BTU boiler formerly owned by the General Motors Corporation
(GM). The GM Moraine assembly plant permit applies to a gas fired
boiler (with oil back-up) which ceased operation in 2003, about a year
before this action (to rescind this rule) was approved by the Ohio EPA
Director. Citizens who wish to comment on this action are encouraged to
do so within the time-frame noted in the front of this notice.
VI. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it 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).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements.
Dated: May 17, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. E6-8467 Filed 5-31-06; 8:45 am]
BILLING CODE 6560-50-P