Approval and Promulgation of Implementation Plans; Ohio Particulate Matter, 2823-2825 [E7-923]
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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules
(ii) Limit the review of a record to
those items of information that clearly
bear on any determination to amend the
records and ensure that those elements
are reviewed before a determination is
made.
(5) If an individual disagrees with the
initial OSD Component determination,
he or she may file an appeal. The
request should be sent to the Chief,
Records and Declassification Division,
WHS, 1155 Defense Pentagon,
Washington, DC 20301–1155.
(6) If, after review, the Records and
Declassification Division determines the
system of records should not be
amended as requested, the Records and
Declassification Division shall provide a
copy of any statement of disagreement
to the extent that disclosure accounting
is maintained in accordance with
Chapter 4 or DoD 5400.11–R. The
Records and Declassification Division
shall advise the individual:
(i) Of the reason and authority for the
denial.
(ii) Of his or her right to file a
statement of the reason for disagreeing
with the Records and Declassification
Division decision.
(iii) Of the procedures for filing a
statement of disagreements.
(iv) That the statement filed shall be
made available to anyone the record is
disclosed to, together with a brief
statement summarizing reasons for
refusing to amend the records.
(7) If the Records and Declassification
Division determines that the record
should be amended in accordance with
the individual’s request, the OSD
Component shall amend the record, and
advise the individual of the amendment,
in accordance with Chapter 4 of DoD
5400.11–R.
(8) All appeals should be processed
within 30 workdays after receipt. If the
Records and Declassification Division
determines that a fair and equitable
review cannot be made within that time,
the individual shall be informed in
writing of the reasons for the delay and
of the approximate date the review is
expected to be completed.
(g) Disclosure of disputed
information. (1) If the Records and
Declassification Division determines the
record should not be amended and the
individual has filed a statement of
disagreement under paragraph (f)(7) of
this section, the OSD Component shall
annotate the disputed record so it is
apparent under record disclosure that a
statement has been filed. Where
feasible, the notation itself shall be
integral to the record. Where disclosure
accounting has been made, the OSD
Component shall advise previous
recipients that the record has been
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Jkt 211001
disputed and shall provide a copy of the
individual’s statement of disagreement
in accordance with Chapter 4 of DoD
5400.11–R.
(i) This statement shall be maintained
to permit ready retrieval whenever the
disputed portion of the record is
disclosed.
(ii) When information that is the
subject of a statement of disagreement is
subsequently disclosed, the OSD
Component’s designated official shall
note which information is disputed and
provide a copy of the individual’s
statement.
(2) The OSD Component shall include
a brief summary of its reasons for not
making a correction when disclosing
disputed information. Such statements
shall normally be limited to the reasons
given to the individual for not amending
the record.
(3) Copies of the OSD Component’s
summary will be treated as part of the
individual’s record; however, it will not
be subject to the amendment procedure
outlined in paragraph (c)(3) of this
section.
(h) Penalties. (1) Civil action. An
individual may file a civil suit against
the OSD Component or its employees if
the individual feels certain provisions
or the Privacy Act have been violated as
stated in 5 U.S.C. 552a.
(2) Criminal action. (i) Criminal
penalties may be imposed against an
OSD officer or employee for offenses
listed in Section (i) of 5 U.S.C. 552a, as
follows:
(A) Willful unauthorized disclosure of
protected information in the records.
(B) Failure to publish a notice of the
existence of a record system in the
Federal Register.
(C) Requesting or gaining access to the
individual’s record under false
pretenses.
(ii) An OSD officer or employee may
be fined up to $5,000 for a violation as
outlined in paragraph (h)(2)(i) of this
section.
(i) Litigation status sheet. Whenever a
complaint citing 5 U.S.C. 552a is filed
in a U.S. District Court against the
Department of Defense, an OSD
Component, or any OSD employee, the
responsible system manager shall
promptly notify the DPO. The litigation
status sheet in DoD 5400.11–R provides
a standard format for this notification.
(The initial litigation status sheet shall,
as a minimum, provide the information
required by items 1, through 6. of DoD
5400.11–R) A revised litigation status
sheet shall be provided at each stage of
the litigation. When a court renders a
formal opinion or judgment, copies of
the judgment or opinion shall be
provided to the DPO with the litigation
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2823
status sheet reporting that judgment or
opinion.
(j) Computer matching programs.
Chapter 11, paragraph B of DoD
5400.11–R, prescribes that all requests
for participation in a matching program
(either as a matching agency or a source
agency) be submitted to the DPO for
review and compliance. The OSD
Components shall submit these requests
through the Records and
Declassification Division.
§ 311.7
Information requirements.
The DPO shall establish requirements
and deadlines for DoD privacy reports.
These reports shall be licensed in
accordance with DoD Directive 8910.1.8
Dated: January 16, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. E7–800 Filed 1–22–07; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2005–OH–0005; FRL–
8272–9]
Approval and Promulgation of
Implementation Plans; Ohio Particulate
Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is re-proposing approval
of Ohio rules concerning equivalent
visible emission limits (EVELs). Ohio’s
rules provide criteria for establishment
of EVELs, and the rules provide that
EVELs established according to these
criteria take effect without formal
review by EPA. EPA proposed to
approve these rules on December 2,
2002, at 67 FR 71515. However, that
proposal did not clearly solicit comment
on the timing by which actions on
EVELs by the State take effect. EPA is
proposing that previous State
modifications to EVELs would become
effective at the federal level
immediately upon the effective date of
any final EPA action approving these
Ohio rules. Similarly, any future action
by the State to establish, modify, or
rescind EVELs in accordance with the
criteria given in these Ohio rules would
become effective at the federal level
immediately upon the effective date of
the State action.
8 Copies may be obtained at https://www.dtic.mil/
whs/directives/
E:\FR\FM\23JAP1.SGM
23JAP1
2824
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules
Written comments on this
proposed rule must arrive on or before
February 22, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2005–OH–0005, by one of the
following methods:
• 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, Air Programs
Branch, (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, 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–2005–
OH–0005. 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
jlentini on PROD1PC65 with PROPOSAL
DATES:
VerDate Aug<31>2005
16:24 Jan 22, 2007
Jkt 211001
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 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
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 Summerhays,
Environmental Scientist, at (312) 886–
6067 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John
Summerhays, Environmental Scientist,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6067,
summerhays.john@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. What action is EPA taking today?
II. What Should I Consider as I Prepare My
Comments for EPA?
III. Statutory and Executive Order Reviews
I. What action is EPA taking today?
EPA is re-proposing to approve Ohio
rules providing for State issuance of
equivalent visible emission limits
(EVELs), rules which were a part of a set
of particulate matter regulations that
Ohio submitted on July 18, 2000. EPA
originally proposed to approve these
rules on December 2, 2002, at 67 FR
71515. However, that proposal did not
clearly explain EPA’s views regarding
the consequences of approval on
historic EVELs that were previously
approved into the State Implementation
Plan (SIP). EPA today is explaining its
views and soliciting comment on this
issue.
The rules that EPA proposes to
approve provide that EVELs issued by
the State in accordance with the
specified criteria take effect without
formal review by EPA. Consequently,
when the State issues an EVEL for a unit
at a source, this EVEL will supersede
PO 00000
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any EVEL that may previously have
been issued for that unit, regardless of
whether or not the prior EVEL was part
of the SIP. Similar consequences apply
when the State terminates an EVEL for
a unit at a source, presumably by
issuing a permit or other enforceable
document that re-establishes the
standard opacity limits of OAC 3745–
17–07 (A)(1) as the applicable opacity
limits; that action will terminate the
EVEL for that unit, again regardless of
whether the prior EVEL was part of the
SIP. EPA’s understanding is that the
State will periodically review whether
previously issued EVELs are still
warranted, as part of its management of
the EVELs that apply in the State.
EPA is proposing that, as of the
effective date of EPA finalizing this
proposal, no EVEL shall apply unless
Ohio has issued a currently effective
EVEL in accordance with its Rule 3745–
17–07(C), and the federally enforceable
level of any such EVEL shall reflect the
currently effective EVEL that the State
has thus issued. Therefore, EPA is
proposing to delete provisions of the
Ohio SIP that contain EVELs, in
particular paragraphs (c)(62) and (c)(65)
of 40 CFR 52.1870.
EPA recognizes that the Ohio SIP
contains other EVELs, implicitly
included in SIP-approved permits or
administrative orders that also contain
other limits. For administrative
convenience, EPA proposes not to
modify the text of the SIP codification
given in 40 CFR 52.1870 to discontinue
these EVELs explicitly. Nevertheless,
EPA proposes that when this proposed
rulemaking becomes final and effective,
these EVELs will automatically be
discontinued and replaced by the
opacity limits that Ohio has adopted
more recently in accordance with the
criteria given in Rule 3745–17–07(C).
(The more recent permits or
administrative orders may or may not
have limits matching the prior SIP
limits.) Similarly, EPA proposes that
any future State action to establish,
modify, or rescind opacity limits in
accordance with the criteria in Rule
3745–17–07(C) shall immediately alter
the federal opacity limit accordingly.
II. What Should I Consider as I Prepare
My Comments for EPA?
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
E:\FR\FM\23JAP1.SGM
23JAP1
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules
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.
III. 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.).
jlentini on PROD1PC65 with PROPOSAL
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
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Jkt 211001
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).
2825
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, Intergovernmental
relations, Particulate matter.
Dated: January 11, 2007.
Mary A. Gade,
Regional Administrator
[FR Doc. E7–923 Filed 1–22–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2006–0386; FRL–8272–6]
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.
Approval and Promulgation of
Implementation Plans; Texas; El Paso
County Carbon Monoxide
Redesignation to Attainment, and
Approval of Maintenance Plan
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 regulatory
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).
SUMMARY: On January 20, 2006, the
Texas Commission on Environmental
Quality (TCEQ) submitted a State
Implementation Plan (SIP) revision to
request redesignation of the El Paso
carbon monoxide (CO) nonattainment
area to attainment for the CO National
Ambient Air Quality Standard
(NAAQS). This submittal also included
a CO maintenance plan for the El Paso
area and associated Motor Vehicle
Emission Budgets (MVEBs). The
maintenance plan was developed to
ensure continued attainment of the CO
NAAQS for a period of 10 years from
the effective date of EPA approval of
redesignation to attainment. In this
action, EPA is proposing to approve the
El Paso CO redesignation request and
the maintenance plan with its
associated MVEBs as satisfying the
requirements of the Federal Clean Air
Act (CAA) as amended in 1990.
DATES: Written comments must be
received by February 22, 2007.
ADDRESSES: Comments may be mailed to
Mr. Thomas Diggs, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
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
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Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
E:\FR\FM\23JAP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Proposed Rules]
[Pages 2823-2825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-923]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-OH-0005; FRL-8272-9]
Approval and Promulgation of Implementation Plans; Ohio
Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is re-proposing approval of Ohio rules concerning
equivalent visible emission limits (EVELs). Ohio's rules provide
criteria for establishment of EVELs, and the rules provide that EVELs
established according to these criteria take effect without formal
review by EPA. EPA proposed to approve these rules on December 2, 2002,
at 67 FR 71515. However, that proposal did not clearly solicit comment
on the timing by which actions on EVELs by the State take effect. EPA
is proposing that previous State modifications to EVELs would become
effective at the federal level immediately upon the effective date of
any final EPA action approving these Ohio rules. Similarly, any future
action by the State to establish, modify, or rescind EVELs in
accordance with the criteria given in these Ohio rules would become
effective at the federal level immediately upon the effective date of
the State action.
[[Page 2824]]
DATES: Written comments on this proposed rule must arrive on or before
February 22, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2005-OH-0005, by one of the following methods:
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,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, 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-
2005-OH-0005. 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 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
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 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 Summerhays, Environmental Scientist,
at (312) 886-6067 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6067, summerhays.john@epa.gov.
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. What action is EPA taking today?
II. What Should I Consider as I Prepare My Comments for EPA?
III. Statutory and Executive Order Reviews
I. What action is EPA taking today?
EPA is re-proposing to approve Ohio rules providing for State
issuance of equivalent visible emission limits (EVELs), rules which
were a part of a set of particulate matter regulations that Ohio
submitted on July 18, 2000. EPA originally proposed to approve these
rules on December 2, 2002, at 67 FR 71515. However, that proposal did
not clearly explain EPA's views regarding the consequences of approval
on historic EVELs that were previously approved into the State
Implementation Plan (SIP). EPA today is explaining its views and
soliciting comment on this issue.
The rules that EPA proposes to approve provide that EVELs issued by
the State in accordance with the specified criteria take effect without
formal review by EPA. Consequently, when the State issues an EVEL for a
unit at a source, this EVEL will supersede any EVEL that may previously
have been issued for that unit, regardless of whether or not the prior
EVEL was part of the SIP. Similar consequences apply when the State
terminates an EVEL for a unit at a source, presumably by issuing a
permit or other enforceable document that re-establishes the standard
opacity limits of OAC 3745-17-07 (A)(1) as the applicable opacity
limits; that action will terminate the EVEL for that unit, again
regardless of whether the prior EVEL was part of the SIP. EPA's
understanding is that the State will periodically review whether
previously issued EVELs are still warranted, as part of its management
of the EVELs that apply in the State.
EPA is proposing that, as of the effective date of EPA finalizing
this proposal, no EVEL shall apply unless Ohio has issued a currently
effective EVEL in accordance with its Rule 3745-17-07(C), and the
federally enforceable level of any such EVEL shall reflect the
currently effective EVEL that the State has thus issued. Therefore, EPA
is proposing to delete provisions of the Ohio SIP that contain EVELs,
in particular paragraphs (c)(62) and (c)(65) of 40 CFR 52.1870.
EPA recognizes that the Ohio SIP contains other EVELs, implicitly
included in SIP-approved permits or administrative orders that also
contain other limits. For administrative convenience, EPA proposes not
to modify the text of the SIP codification given in 40 CFR 52.1870 to
discontinue these EVELs explicitly. Nevertheless, EPA proposes that
when this proposed rulemaking becomes final and effective, these EVELs
will automatically be discontinued and replaced by the opacity limits
that Ohio has adopted more recently in accordance with the criteria
given in Rule 3745-17-07(C). (The more recent permits or administrative
orders may or may not have limits matching the prior SIP limits.)
Similarly, EPA proposes that any future State action to establish,
modify, or rescind opacity limits in accordance with the criteria in
Rule 3745-17-07(C) shall immediately alter the federal opacity limit
accordingly.
II. What Should I Consider as I Prepare My Comments for EPA?
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
[[Page 2825]]
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.
III. 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 regulatory 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, Intergovernmental
relations, Particulate matter.
Dated: January 11, 2007.
Mary A. Gade,
Regional Administrator
[FR Doc. E7-923 Filed 1-22-07; 8:45 am]
BILLING CODE 6560-50-P
