Approval and Promulgation of Air Quality Implementation Plans; Ohio; Approval of Revision To Rescind Portions of the Ohio Transportation Conformity Regulations, 20945-20948 [E7-7895]

Download as PDF Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165–T11–181 to read as follows: I cprice-sewell on PROD1PC66 with RULES § 165–T11–181 Safety Zone; Kimmelman’s Wedding Party Fireworks Display, San Francisco Bay, CA (a) Location. This safety zone is established for the waters of San Francisco Bay near Angel Island surrounding a barge used as the launch platform for a fireworks display to be held during the Kimmelman’s Wedding Celebration. During the loading of the fireworks barge, during the transit of the fireworks barge to the display location, and until fifteen minutes prior to the start of the fireworks display, the safety zone will encompass the navigable waters around and under the fireworks barge within a radius of 100 feet. During the 15 minutes preceding the fireworks display and during the 5-minute fireworks display itself, the safety zone increases in size to encompass the navigable waters around and under the fireworks launch barge within a radius of 800 feet. Loading of the pyrotechnics onto the fireworks barge is scheduled to commence at 1 p.m. on April 28, 2007, and will take place at Pier 50 in San Francisco. Towing of the barge from Pier 50 to the display location is scheduled to take place between 1 p.m. and 4 p.m. on April 28, 2007. During the fireworks display, scheduled to start at approximately 9:30 p.m. on April 28, 2007, the barge will be located approximately 800 feet off of Angel Island in position 37° 51′20.0″ N, 122° 26′43.0″ W. (b) Effective Dates. This section is effective from 1 p.m. to 9:35 p.m. on April 28, 2007. If the event concludes prior to the scheduled termination time, the Coast Guard will cease enforcement of this safety zone and will announce VerDate Aug<31>2005 15:13 Apr 26, 2007 Jkt 211001 that fact via Broadcast Notice to Mariners. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this safety zone by all vessels and persons is prohibited, unless specifically authorized by the Captain of the Port San Francisco, or his designated representative. (d) Enforcement. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, or the designated on-scene patrol personnel. Patrol personnel can be comprised of commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The U.S. Coast Guard may be assisted in the patrol and enforcement of this safety zone by local law enforcement as necessary. Dated: April 10, 2007. W.J. Uberti, Captain, U.S. Coast Guard Captain of the Port, San Francisco. [FR Doc. E7–7946 Filed 4–26–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–0155; FRL–8305–3] Approval and Promulgation of Air Quality Implementation Plans; Ohio; Approval of Revision To Rescind Portions of the Ohio Transportation Conformity Regulations Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is approving a January 31, 2007, request from Ohio for a State Implementation Plan (SIP) revision of the State transportation conformity regulations. Ohio held a public hearing on these revisions on September 21, 2006. These revisions rescind the portion of the state transportation conformity regulations which are no longer consistent with the Federal transportation conformity regulations. The rescission of the State regulations will allow the Federal transportation conformity regulations to govern transportation conformity determinations in Ohio. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 20945 This direct final rule will be effective June 26, 2007, unless EPA receives written adverse comments by May 29, 2007. If written adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2007–0155, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: mooney.john@epa.gov. 3. Fax: (312) 886–5824. 4. 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. 5. 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–2007– 0155. 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 DATES: E:\FR\FM\27APR1.SGM 27APR1 20946 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the 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 Patricia Morris, Environmental Scientist, at (312) 353– 8656 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: cprice-sewell on PROD1PC66 with RULES I. What Is Transportation Conformity? II. What Is the Background for This Action? III. What Did the State Submit and How Did We Evaluate It? IV. What Action Is EPA Taking Today? V. Statutory and Executive Order Reviews I. What Is Transportation Conformity? Transportation conformity is required under Section 176(c) of the Clean Air Act to ensure that Federally supported highway, transit projects, and other activities are consistent with (‘‘conform to’’) the purpose of the SIP. Conformity currently applies to areas that are designated nonattainment, and those redesignated to attainment after 1990 (maintenance areas) with plans developed under section 175A of the Clean Air Act for the following transportation related criteria pollutants: Ozone, particulate matter (PM2.5 and PM10), carbon monoxide (CO), and nitrogen dioxide (NO2). Conformity to the purpose of the SIP VerDate Aug<31>2005 15:13 Apr 26, 2007 Jkt 211001 means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards (NAAQS). The transportation conformity regulation is found in 40 CFR part 93 and provisions related to conformity SIPs are found in 40 CFR 51.390. II. What Is the Background for This Action? On August 10, 2005, the ‘‘Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users’’ (SAFETEA–LU) was signed into law. SAFETEA–LU revised a number of aspects related to section 176(c) of the Clean Air Act’s transportation conformity provisions. One of the changes was to streamline the requirements for conformity SIPs. Prior to SAFETEA–LU being signed into law, states were required to address all of the Federal conformity rule’s provisions in their conformity SIPs. Most of the sections of the Federal rule were required to be copied verbatim from the Federal rule into a state’s SIP, as previously required under 40 CFR 51.390(d). States were also required to tailor all or portions of the following three sections of the Federal rule to meet their state’s individual circumstances: 40 CFR 93.105, which addresses consultation procedures; 40 CFR 93.122(a)(4)(ii), which addresses written commitments to control measures that are not included in a Metropolitan Planning Organizations transportation plan and transportation improvement program that must be obtained prior to a conformity determination, and the requirement that such commitments must be fulfilled; and, 40 CFR 93.125(c) which addresses written commitments to mitigation measures that must be obtained prior to a project level conformity determination, and the requirement that project sponsors must comply with such commitments. Under SAFETEA–LU, states are required to address and tailor only these three sections of the conformity rule in their conformity SIPs. In general, states are no longer required to submit conformity SIP revisions that address the other sections of the conformity rule. This provision took effect on August 10, 2005, when SAFETEA–LU was signed into law. III. What Did the State Submit and How Did We Evaluate It? The SIP revision submitted to EPA on January 31, 2007, requests to rescind the sections of the Ohio Administrative PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Code (OAC), Chapters 3745–101 Transportation Conformity, which are no longer required. When the Ohio rules are rescinded, the analagous Federal transportation conformity regulations will apply instead of the State regulations. The Federal transportation conformity regulations have been revised to address court decisions, and to incorporate new regulations to control PM2.5 and 8-hour ozone levels. The Ohio rules that are being rescinded are no longer valid under the subsequent court decisions and the SAFETEA–LU legislation. Approval of the rescission as a SIP revision will bring this regulatory framework into compliance with Federal law and regulation. We have reviewed the submittal to assure consistency with the February 14, 2006, ‘‘Interim Guidance for Implementing the Transportation Conformity provisions in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU)’’. The policy guidance document can be found at https://epa.gov/otaq/stateresources/ transconf/policy.htm. Ohio is requesting approval of rescission of rules 3745–101–05, 3745– 101–06, 3745–101–07, 3745–101–08, 3745–101–09, 3745–101–10, 3745–101– 11, 3745–101–12, 3745–101–13, 3745– 101–15, 3745–101–16, 3745–101–18, 3745–101–19, and 3745–101–20. The rules that are not being rescinded address the consultation procedures and enforceability of mitigation controls and measures. These sections are still required by the SAFETEA–LU legislation because they are specific to each State. IV. What Action Is EPA Taking Today? Based on the reasons set forth above, EPA is approving the State’s request to rescind the following rules from the Ohio SIP: 3745–101–05, 3745–101–06, 3745–101–07, 3745–101–08, 3745–101– 09, 3745–101–10, 3745–101–11, 3745– 101–12, 3745–101–13, 3745–101–15, 3745–101–16, 3745–101–18, 3745–101– 19, and 3745–101–20. These rules are part of OAC 3745–101 Transportation Conformity. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective June 26, 2007 without further notice unless we receive relevant E:\FR\FM\27APR1.SGM 27APR1 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations adverse written comments by May 29, 2007. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective June 26, 2007. VI. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and, therefore, is not subject to review by the Office of Management and Budget. 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). Regulatory Flexibility Act This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this 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.). cprice-sewell on PROD1PC66 with RULES Unfunded Mandates Reform Act Because this rule approves preexisting 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 13175: Consultation and Coordination With Indian Tribal Governments This rule also does not have tribal implications because it will not have a substantial direct effect on one or more VerDate Aug<31>2005 15:13 Apr 26, 2007 Jkt 211001 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 (59 FR 22951, November 9, 2000). 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 approves 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 13045: Protection of Children From Environmental Health and Safety Risks This 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 approves a state rule implementing a Federal standard. National Technology Transfer Advancement Act In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Paperwork Reduction Act This 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.). 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 20947 agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 26, 2007. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter. Dated: April 12, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. For the reasons stated in the preamble, part 52, chapter I, of title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart KK—Ohio 2. Section 52.1870 is amended by adding and reserving paragraph (c)(136) and by adding paragraph (c)(137) to read as follows: I § 52.1870 Identification of plan. * * * * * (c) * * * (136) [Reserved] (137) On January 31, 2007, Ohio requested to rescind certain transportation conformity rules from the Ohio State Implementation Plan, which were previously approved in paragraph (c)(122) of this section. The rules that are being rescinded at Ohio’s request are E:\FR\FM\27APR1.SGM 27APR1 20948 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 3745–101–05, 3745–101–06, 3745–101– 07, 3745–101–08, 3745–101–09, 3745– 101–10, 3745–101–11, 3745–101–12, 3745–101–13, 3745–101–15, 3745–101– 16, 3745–101–18, 3745–101–19, and 3745–101–20. [FR Doc. E7–7895 Filed 4–26–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 94 [EPA–HQ–OAR–2007–0120; FRL–8306–7] RIN 2060–A026 Change in Deadline for Rulemaking To Address the Control of Emissions From New Marine CompressionIgnition Engines at or Above 30 Liters Per Cylinder Environmental Protection Agency (EPA). ACTION: Direct Final Rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: A January 2003 final rule established the first U.S. emission standards for new compression-ignition Category 3 marine engines, those with a displacement at or above 30 liters per cylinder displacement. It also established a deadline of April 27, 2007 for EPA to promulgate a new tier of emission standards for these engines as determined appropriate under Clean Air Act (CAA) section 213(a). This rulemaking schedule was intended to allow EPA time to consider the state of technology that may permit deeper emission reductions and the status of international action for more stringent standards. Since 2003, we have continued to gain a greater understanding of the technical issues described in the final rule and to assess the continuing efforts of manufacturers to apply advanced emission control technologies to these very large engines, through ongoing discussions with various stakeholders. In addition, we have continued to work with and through the International Maritime Organization (IMO) toward more stringent international emission standards that would apply to all new marine diesel engines on ships engaged in international transportation. IMO is an important forum for EPA to gather new information and data regarding emission control technologies, costs, and other information on Category 3 engines and vessels. IMO is also important because the majority of ships used in international commerce are flagged in other nations. Due to the length of time necessary to assess VerDate Aug<31>2005 15:13 Apr 26, 2007 Jkt 211001 advanced emission control technologies much of the information that we believe is necessary to develop more stringent Category 3 marine diesel engines standards has only become available recently and we expect more information to come to light in the course of the current negotiations underway at the IMO. Therefore, EPA is adopting a new deadline for the rulemaking that will consider the next tier of Category 3 marine diesel engine standards. Under this new schedule, EPA would adopt a final rule by December 17, 2009. DATES: This rule is effective on June 26, 2007 without further notice, unless EPA receives adverse comment by May 29, 2007 or a request for a public hearing by May 17, 2007. If a hearing is requested by this date, it will be held at a time and place to be published in the Federal Register. After the hearing, the docket for this rulemaking will remain open for an additional 30 days to receive comments. If a hearing is held, EPA will publish a document in the Federal Register extending the comment period for 30 days after the hearing. If EPA receives adverse comments or a request for public hearing, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2007–0120, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov • Fax: (202) 566–1741 • Mail: Environmental Protection Agency, Mail Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two copies. • Hand Delivery: EPA Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA West Building, 1301 Constitution Avenue, NW., Room: 3334 Mail Code: 6102T, Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2007– 0120. 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 ADDRESSES: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. 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 EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. Public Hearing: To request a public hearing, contact Mike Samulski at (734) 214–4532 or samulski.michael@epa.gov. If a public hearing is held, persons wishing to testify must submit copies of their testimony to the docket and to Mike Samulski at the address below, no later than 10 days prior to the hearing. FOR FURTHER INFORMATION CONTACT: Michael Samulski, Assessment and Standards Division, Office of E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Rules and Regulations]
[Pages 20945-20948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0155; FRL-8305-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Approval of Revision To Rescind Portions of the Ohio 
Transportation Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
January 31, 2007, request from Ohio for a State Implementation Plan 
(SIP) revision of the State transportation conformity regulations. Ohio 
held a public hearing on these revisions on September 21, 2006. These 
revisions rescind the portion of the state transportation conformity 
regulations which are no longer consistent with the Federal 
transportation conformity regulations. The rescission of the State 
regulations will allow the Federal transportation conformity 
regulations to govern transportation conformity determinations in Ohio.

DATES: This direct final rule will be effective June 26, 2007, unless 
EPA receives written adverse comments by May 29, 2007. If written 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0155, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 886-5824.
    4. 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.
    5. 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-
2007-0155. 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

[[Page 20946]]

comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
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 Patricia Morris, Environmental Scientist, 
at (312) 353-8656 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What Is Transportation Conformity?
II. What Is the Background for This Action?
III. What Did the State Submit and How Did We Evaluate It?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Is Transportation Conformity?

    Transportation conformity is required under Section 176(c) of the 
Clean Air Act to ensure that Federally supported highway, transit 
projects, and other activities are consistent with (``conform to'') the 
purpose of the SIP. Conformity currently applies to areas that are 
designated nonattainment, and those redesignated to attainment after 
1990 (maintenance areas) with plans developed under section 175A of the 
Clean Air Act for the following transportation related criteria 
pollutants: Ozone, particulate matter (PM2.5 and 
PM10), carbon monoxide (CO), and nitrogen dioxide 
(NO2). Conformity to the purpose of the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing violations, or delay timely attainment of the relevant 
national ambient air quality standards (NAAQS). The transportation 
conformity regulation is found in 40 CFR part 93 and provisions related 
to conformity SIPs are found in 40 CFR 51.390.

II. What Is the Background for This Action?

    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) was signed 
into law. SAFETEA-LU revised a number of aspects related to section 
176(c) of the Clean Air Act's transportation conformity provisions. One 
of the changes was to streamline the requirements for conformity SIPs. 
Prior to SAFETEA-LU being signed into law, states were required to 
address all of the Federal conformity rule's provisions in their 
conformity SIPs. Most of the sections of the Federal rule were required 
to be copied verbatim from the Federal rule into a state's SIP, as 
previously required under 40 CFR 51.390(d). States were also required 
to tailor all or portions of the following three sections of the 
Federal rule to meet their state's individual circumstances: 40 CFR 
93.105, which addresses consultation procedures; 40 CFR 
93.122(a)(4)(ii), which addresses written commitments to control 
measures that are not included in a Metropolitan Planning Organizations 
transportation plan and transportation improvement program that must be 
obtained prior to a conformity determination, and the requirement that 
such commitments must be fulfilled; and, 40 CFR 93.125(c) which 
addresses written commitments to mitigation measures that must be 
obtained prior to a project level conformity determination, and the 
requirement that project sponsors must comply with such commitments.
    Under SAFETEA-LU, states are required to address and tailor only 
these three sections of the conformity rule in their conformity SIPs. 
In general, states are no longer required to submit conformity SIP 
revisions that address the other sections of the conformity rule. This 
provision took effect on August 10, 2005, when SAFETEA-LU was signed 
into law.

III. What Did the State Submit and How Did We Evaluate It?

    The SIP revision submitted to EPA on January 31, 2007, requests to 
rescind the sections of the Ohio Administrative Code (OAC), Chapters 
3745-101 Transportation Conformity, which are no longer required. When 
the Ohio rules are rescinded, the analagous Federal transportation 
conformity regulations will apply instead of the State regulations. The 
Federal transportation conformity regulations have been revised to 
address court decisions, and to incorporate new regulations to control 
PM2.5 and 8-hour ozone levels. The Ohio rules that are being 
rescinded are no longer valid under the subsequent court decisions and 
the SAFETEA-LU legislation. Approval of the rescission as a SIP 
revision will bring this regulatory framework into compliance with 
Federal law and regulation.
    We have reviewed the submittal to assure consistency with the 
February 14, 2006, ``Interim Guidance for Implementing the 
Transportation Conformity provisions in the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU)''. The policy guidance document can be found at https://
epa.gov/otaq/stateresources/transconf/policy.htm.
    Ohio is requesting approval of rescission of rules 3745-101-05, 
3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-
101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-
18, 3745-101-19, and 3745-101-20. The rules that are not being 
rescinded address the consultation procedures and enforceability of 
mitigation controls and measures. These sections are still required by 
the SAFETEA-LU legislation because they are specific to each State.

IV. What Action Is EPA Taking Today?

    Based on the reasons set forth above, EPA is approving the State's 
request to rescind the following rules from the Ohio SIP: 3745-101-05, 
3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-
101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-
18, 3745-101-19, and 3745-101-20. These rules are part of OAC 3745-101 
Transportation Conformity.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective June 26, 2007 
without further notice unless we receive relevant

[[Page 20947]]

adverse written comments by May 29, 2007. If we receive such comments, 
we will withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective June 26, 2007.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

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).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this 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 approves 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 13175: Consultation and Coordination With Indian Tribal 
Governments

    This 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 (59 
FR 22951, November 9, 2000).

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 approves 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 13045: Protection of Children From Environmental Health 
and Safety Risks

    This 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 approves a state rule implementing a 
Federal standard.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This 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.).

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. EPA 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 26, 2007. 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter.

    Dated: April 12, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding and reserving paragraph 
(c)(136) and by adding paragraph (c)(137) to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (136) [Reserved]
    (137) On January 31, 2007, Ohio requested to rescind certain 
transportation conformity rules from the Ohio State Implementation 
Plan, which were previously approved in paragraph (c)(122) of this 
section. The rules that are being rescinded at Ohio's request are

[[Page 20948]]

3745-101-05, 3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-
101-10, 3745-101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-
16, 3745-101-18, 3745-101-19, and 3745-101-20.

 [FR Doc. E7-7895 Filed 4-26-07; 8:45 am]
BILLING CODE 6560-50-P
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