Approval and Promulgation of Ohio SO2 Air Quality Implementation Plans and Designation of Areas, 15083-15087 [E8-5666]

Download as PDF Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. adopting rules 3745–19–01, 3745–19– 02, 3745–19–03, 3745–19–04, and 3745– 19–05. [FR Doc. E8–5667 Filed 3–20–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2006–0546; FRL–8534–4] Dated: February 15, 2008. Bharat Mathur, Acting Regional Administrator, Region 5. Approval and Promulgation of Ohio SO2 Air Quality Implementation Plans and Designation of Areas For the reasons stated in the preamble, part 52, chapter I, of title 40 of the Code of Federal Regulations is amended as follows: AGENCY: I 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 paragraph (c)(143) to read as follows: I Identification of plan. jlentini on PROD1PC65 with RULES * * * * * (c) * * * (143) On September 7, 2006, Ohio submitted revisions to Ohio Administrative Code Chapter 3745–19, Rules 3745–19–01 through 3745–19–05 including the 3754–19–03 Appendix. The revisions update Ohio’s open burning regulations. Ohio added requirements for specific types of burning: emergency burning, recreational fires, hazardous material disposal, and firefighting training. The State also added or refined some of the definitions. (i) Incorporation by reference. (A) Ohio Administrative Code Chapter 3745: Ohio Environmental Protection Agency, Chapter 19: Open Burning Standards, Rule 3745–19–01: Definitions, Rule 3745–19–02: Relations to Other Prohibitions, Rule 3745–19–03: Open Burning in Restricted Areas with Appendix ‘‘Open Burning of Storm Debris Conditions’’, Rule 3745–19–04: Open Burning in Unrestricted Areas, and Rule 3745–19–05: Permission to Individuals and Notification to the Ohio EPA. The rules were effective on July 7, 2006. (B) June 27, 2006, ‘‘Director’s Final Findings and Orders’’, signed by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, VerDate Aug<31>2005 20:55 Mar 20, 2008 EPA is approving an assortment of rules, submitted by Ohio on May 16, 2006, as amended on December 10, 2007, setting limits on sulfur dioxide (SO2) emissions. Most significantly, EPA is approving rules for Franklin, Stark, and Summit Counties and for one source in Sandusky County, rules that supersede regulations that EPA promulgated in 1976 as a Federal Implementation Plan (FIP). This action provides that the entire FIP for SO2 in Ohio will now be superseded by approved State limits. Consequently, EPA is rescinding the entire FIP. EPA is also approving several substantive rule revisions and approving numerous Ohio rules that update various company names and unit identifications. Finally, since this rulemaking resolves the issues, which led a court to remand the designation for a portion of Summit County to EPA for reconsideration, EPA is promulgating a designation of attainment for the presently undesignated portion of this county. DATES: This final rule is effective on April 21, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2006–0546. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 SUMMARY: PART 52—[AMENDED] § 52.1870 Environmental Protection Agency (EPA). ACTION: Final rule. Jkt 214001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 15083 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 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. Background for This Action A. Summary of Ohio’s Submittal B. Summary of EPA’s Proposed Rulemaking C. Comments on EPA’s Proposal II. What Action Is EPA Taking? III. Statutory and Executive Order Reviews. I. Background for This Action A. Summary of Ohio’s Submittal On May 16, 2006, Ohio EPA submitted 4 amended general SO2 rules and 40 county-specific SO2 rules. The county-specific rules include 4 rules that were submitted to supersede remaining FIP rules, 4 rules that include substantive revisions to the limits, and 32 rules, which only change company names or unit identifications or make other such administrative changes. On July 24, 2007, Ohio submitted a letter identifying an error, noted by the company, in its SO2 limit for the facility in Stark County owned by the Canton Drop Forging and Manufacturing Company. On December 10, 2007, Ohio submitted rule revisions correcting this error. The correction of this error makes the Stark County rules consistent with Ohio’s attainment demonstration for this county and fully approvable. B. Summary of EPA’s Proposed Rulemaking EPA proposed action on this submittal on May 1, 2007. The notice of proposed rulemaking provided a summary of the full history of the regulation of SO2 emissions in the State of Ohio. Most notably, because Ohio withdrew its original SO2 rules from EPA consideration, EPA promulgated a FIP for SO2 on August 27, 1976, with numerous subsequent amendments. On September 12, 1979, Ohio submitted a plan with limits for SO2 in all 88 Ohio counties. For many of the counties, EPA approved Ohio’s rules and provided that the approved rules would supersede the E:\FR\FM\21MRR1.SGM 21MRR1 15084 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations corresponding federally promulgated rules. For other counties, EPA had concerns about the 1979 rules that Ohio addressed with subsequent submittals. With its May 2006 submittal, Ohio completed the process of submitting State rules to address all 88 counties in the state and to entirely supersede the FIP for SO2 in Ohio. EPA’s May 2007 proposed rulemaking included three components. First, EPA addressed the state rules that Ohio submitted. EPA proposed to approve all of the submitted rules. Second, EPA addressed the FIP rules that the state rules supersede. Since the submitted rules, along with rules approved previously, would complete the process of superseding the entire FIP, EPA proposed to rescind the entire FIP. Third, EPA addressed the designation of portions of Summit County, Ohio. Portions of this county have been undesignated as a result of a lawsuit that led the Court of Appeals for the Sixth Circuit to remand the designation to EPA pending resolution of modeling issues as to what emission limits are necessary to attain the standard. EPA believes that these issues are resolved by the modeling underlying Ohio’s Summit County SO2 limits, and so EPA proposed to establish a designation of attainment for this county. EPA’s proposed rulemaking was based on EPA’s belief that Ohio’s rules were fully consistent with the attainment demonstrations for the applicable counties. Although Ohio’s letter of July 25, 2007, indicates that this was not the case for one boiler at one source in Stark County, the revised rules that Ohio submitted on December 10, 2007, remove this discrepancy. As a result, EPA believes that Ohio’s limits are now consistent with the applicable attainment demonstrations and are fully approvable. reflect only administrative changes such as updating company names. This action provides that state rules now supersede the last remaining portions of the FIP that was promulgated in 1976 et seq. Therefore, the FIP may be removed from the Code of Federal Regulations (CFR). Even after the FIP is removed, EPA may continue to take enforcement action against violations of the FIP limits discovered to have occurred during the time the FIP was in effect. Accordingly, EPA is rescinding the entirety of 40 CFR 52.1881(b) (including general provisions and county-specific limits) and of 40 CFR 52.1882 (providing FIP compliance schedules). Since EPA has now approved rules for the entire State, EPA is rescinding the sections of 40 CFR 52.1881(a) that identify counties for which EPA has taken no action or has disapproved the state’s plan. EPA is replacing the listing of counties having approved rules with a rule-by-rule listing of approved rules. Finally, EPA is also establishing a designation of attainment for the portion of Summit County that is presently undesignated. For simplicity, EPA is combining the designations into a single designation for the entire county rather than have separate designations for four subdivisions of the county. EPA is also rescinding the footnote that was inadvertently applied to the designation of Trumbull County. C. Comments on EPA’s Proposal This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. This action approves State rules regulating emissions of SO2. The present action does not establish any new information collection burden. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; EPA received no comments on its proposed rulemaking. jlentini on PROD1PC65 with RULES II. What Action Is EPA Taking? EPA believes that the SO2 rules submitted by Ohio meet applicable requirements, most notably by assuring attainment in the applicable areas. Therefore, EPA is approving the rules that Ohio submitted on May 16, 2006, as amended in the rule submitted on December 10, 2007. Specifically, EPA is fully approving 44 rules for SO2 in Ohio, including 4 general rules, 4 county-specific rules that replace FIP rules, 4 county-specific rules that incorporate substantive changes in limits, and 32 county-specific rules that VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. B. Paperwork Reduction Act PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s action on small entities, small entity is defined as: (1) A small business that is a small industrial entity as defined in the U.S. Small Business Administration (SBA) size standards. (See 13 CFR 121.); (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. This action merely approves state rules regulating SO2 emissions and imposes no additional requirements beyond those imposed by state rules. Accordingly, I certify that this rule will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation to why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today’s action does not include a Federal mandate within the meaning of UMRA that may result in expenditures of $100 million or more in any one year by either State, local, or Tribal governments in the aggregate or to the private sector, and therefore, is not subject to the requirements of sections 202 and 205 of the UMRA. This action merely approves state rules regulating SO2 emissions and imposes no additional requirements beyond those imposed by state rules. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments, because the state emission limitations being approved apply to industrial facilities, not to any small government. E. Executive Order 13132: Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 power and responsibilities among the various levels of government.’’ This action merely approves state rules regulating SO2 emissions and imposes no additional requirements beyond those imposed by state rules. This action will not modify the relationship of the States and EPA for purposes of developing programs to implement the NAAQS. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This action does not have ‘‘Tribal implications’’ as specified in Executive Order 13175. This action merely approves state rules regulating SO2 emissions in a state with no federally recognized tribes. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045: ‘‘Protection of Children From Environmental Health and Safety Risks’’ (62 FR 19885, April 23, 1997) applies to any rule that (1) is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This action merely approves state rules regulating SO2 emissions and imposes no additional requirements beyond those imposed by state rules. This action is not subject to Executive Order 13045 because it is not economically significant as defined in E.O. 12866, and because the Agency does not have reason to believe the environmental health risks or safety risks addressed by this rule present a disproportionate risk to children. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 15085 H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, ‘‘Actions That Significantly Affect Energy Supply, Distribution, or Use,’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. 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. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This action approves emission limitations that are equivalent or more stringent than current SIP limitations, and so this rule will not have adverse effects on any population. K. 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 E:\FR\FM\21MRR1.SGM 21MRR1 15086 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 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. The 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). This action will be effective April 21, 2008. L. Petitions for Judicial Review Under Section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 20, 2008. 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 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Sulfur oxides. 40 CFR Part 81 Air pollution control, Environmental protection, National parks, Sulfur dioxide, Wilderness areas. Dated: February 21, 2008. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, parts 52 and 81, chapter I, of title 40 of the Code of Federal Regulations are 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. jlentini on PROD1PC65 with RULES Subpart K—Ohio 2. Section 52.1870 is amended by adding paragraph (c)(136) to read as follows: I § 52.1870 Identification of plan. * * * VerDate Aug<31>2005 * * 20:55 Mar 20, 2008 Jkt 214001 (c) * * * (136) On May 16, 2006, Ohio submitted numerous regulations for sulfur dioxide. These regulations were submitted to replace the remaining federally promulgated regulations, to make selected revisions to applicable limits, and to update company names and make other similar administrative changes. On December 10, 2007, Ohio submitted a corrected rule for Stark County. (i) Incorporation by reference. (A) Ohio Administrative Code Rules 3745–18–01 ‘‘Definitions and incorporation by reference.’’, 3745–18– 02 ‘‘Ambient air quality standards; sulfur dioxide.’’, 3745–18–03 ‘‘Attainment dates and compliance time schedules.’’, 3745–18–06 ‘‘General emission limit provisions.’’, 3745–18–10 ‘‘Ashtabula County emission limits.’’, 3745–18–11 ‘‘Athens County emission limits.’’, 3745–18–12 ‘‘Auglaize County emission limits.’’, 3745–18–17 ‘‘Champaign County emission limits.’’, 3745–18–18 ‘‘Clark County emission limits.’’, 3745–18–28 ‘‘Erie County emission limits.’’, 3745–18–29 ‘‘Fairfield County emission limits.’’, 3745–18–31 ‘‘Franklin County emission limits.’’, 3745–18–34 ‘‘Geauga County emission limits.’’, 3745–18–35 ‘‘Greene County emission limits.’’, 3745–18–37 ‘‘Hamilton County emission limits.’’, 3745–18–38 ‘‘Hancock County emission limits.’’, 3745–18–49 ‘‘Lake County emission limits.’’, 3745–18–50 ‘‘Lawrence County emission limits.’’, 3745–18–53 ‘‘Lorain County emission limits.’’, 3745–18–57 ‘‘Marion County emission limits.’’, 3745–18–61 ‘‘Miami County emission limits.’’, 3745–18–63 ‘‘Montgomery County emission limits.’’, 3745–18–66 ‘‘Muskingum County emission limits.’’, 3745–18–68 ‘‘Ottawa County emission limits.’’, 3745–18–69 ‘‘Paulding County emission limits.’’, 3745–18–72 ‘‘Pike County emission limits.’’, 3745–18–76 ‘‘Richland County emission limits.’’, 3745–18–77 ‘‘Ross County emission limits.’’, 3745–18–78 ‘‘Sandusky County emission limits.’’, 3745–18–79 ‘‘Scioto County emission limits.’’, 3745–18–80 ‘‘Seneca County emission limits.’’, 3745–18–81 ‘‘Shelby County emission limits.’’, 3745–18–83 ‘‘Summit County emission limits.’’, 3745–18–84 ‘‘Trumbull County emission limits.’’, 3745–18–85 ‘‘Tuscarawas County emission limits.’’, 3745–18–87 ‘‘Van Wert County emission limits.’’, 3745–18–90 ‘‘Washington County emission limits.’’, 3745–18–91 ‘‘Wayne County emission limits.’’, and 3745–18–93 ‘‘Wood County emission limits.’’, adopted on January 13, 2006, effective January 23, 2006. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 (B) January 13, 2006, ‘‘Director’s Final Findings and Orders’’, signed by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, adopting the rules identified in paragraph (A) above. (C) Ohio Administrative Code Rules 3745–18–08 ‘‘Allen County emission limits.’’, 3745–18–15 ‘‘Butler County emission limits.’’, 3745–18–24 ‘‘Cuyahoga County emission limits.’’, and 3745–18–54 ‘‘Lucas County emission limits.’’, adopted on March 16, 2006, effective March 27, 2006. (D) March 16, 2006, ‘‘Director’s Final Findings and Orders’’, signed by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, adopting rules 3745–18–08, 3745–18– 15, 3745–18–24, and 3745–18–54. (E) Ohio Administrative Code Rule 3745–18–82 ‘‘Stark County emission limits.’’, adopted on November 28, 2007, effective December 8, 2007. (F) November 28, 2007, ‘‘Director’s Final Findings and Orders’’, signed by Chris Korleski, Director, Ohio Environmental Protection Agency, adopting rule 3745–18–82. * * * * * I 3. Section 52.1881 is amended as follows: I a. By revising paragraph (a)(4). I b. By removing and reserving paragraphs (a)(7), (a)(8), and (b). § 52.1881 Control strategy: Sulfur oxides (sulfur dioxide). (a) * * * (4) Notwithstanding the portions of Ohio’s sulfur dioxide rules identified in this section that EPA has either disapproved or taken no action on, EPA has approved a complete plan addressing all counties in the State of Ohio. EPA has approved the following rules, supplemented by any additional approved rules specified in 40 CFR 52.1870: (i) Rules as effective in Ohio on December 28, 1979: OAC 3745–18– 04(A), (B), (C), (D)(1), (D)(4), (E)(1), and (H) (measurement methods), OAC 3745– 18–05 (ambient monitoring), OAC 3745– 18–09 (Ashland County), OAC 3745– 18–13 (Belmont), OAC 3745–18–14 (Brown), OAC 3745–18–16 (Carroll), OAC 3745–18–19 (Clermont)—except for one paragraph approved later (CG&E Beckjord), OAC 3745–18–20 (Clinton), OAC 3745–18–21 (Columbiana), OAC 3745–18–23 (Crawford), OAC 3745–18– 25 (Darke), OAC 3745–18–26 (Defiance), OAC 3745–18–27 (Delaware), OAC 3745–18–30 (Fayette), OAC 3745–18–32 (Fulton), OAC 3745–18–36 (Guernsey), OAC 3745–18–39 (Hardin), OAC 3745– 18–40 (Harrison), OAC 3745–18–41 (Henry), OAC 3745–18–42 (Highland), E:\FR\FM\21MRR1.SGM 21MRR1 15087 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations OAC 3745–18–43 (Hocking), OAC 3745– 18–44 (Holmes), OAC 3745–18–45 (Huron), OAC 3745–18–46 (Jackson), OAC 3745–18–48 (Knox), OAC 3745– 18–51 (Licking), OAC 3745–18–52 (Logan), OAC 3745–18–55 (Madison), OAC 3745–18–58 (Medina), OAC 3745– 18–59 (Meigs), OAC 3745–18–60 (Mercer), OAC 3745–18–62 (Monroe), OAC 3745–18–64 (Morgan)—except for one paragraph approved later (OP Muskingum River), OAC 3745–18–65 (Morrow), OAC 3745–18–67 (Noble), OAC 3745–18–70 (Perry), OAC 3745– 18–73 (Portage), OAC 3745–18–74 (Preble), OAC 3745–18–75 (Putnam), OAC 3745–18–86 (Union), OAC 3745– 18–88 (Vinton), OAC 3745–18–89 (Warren), OAC 3745–18–92 (Williams), and OAC 3745–18–94 (Wyandot); (ii) Rules as effective in Ohio on October 1, 1982: OAC 3745–18–64 (B) (OP Muskingum River in Morgan County); (iii) Rules as effective in Ohio on May 11, 1987: OAC 3745–18–19(B) (CG&E Beckjord); (iv) Rules as effective in Ohio on October 31, 1991: OAC 3745–18–04 (D)(7), (D)(8)(a) to (D)(8)(e), (E)(5), (E)(6)(a), (E)(6)(b), (F), and (I) (measurement methods); (v) Rules as effective in Ohio on July 25, 1996: OAC 3745–18–47 (Jefferson); (vi) Rules as effective in Ohio on March 21, 2000: OAC 3745–18–04(D)(8), (D)(9), and (E)(7) (measurement methods), OAC 3745–18–22 (Coshocton), OAC 3745–18–33 (Gallia), and OAC 3745–18–71 (Pickaway); (vii) Rules as effective in Ohio on September 1, 2003: OAC 3745–18–04(F) and (J) (measurement methods), and OAC 3745–18–56 (Mahoning); (viii) Rules as effective in Ohio on January 23, 2006: OAC 3745–18–01 (definitions), OAC 3745–18–02 (air quality standards), OAC 3745–18–03 (compliance dates), OAC 3745–18–06 (general provisions), OAC 3745–18–07 (Adams), OAC 3745–18–10 (Ashtabula), OAC 3745–18–11 (Athens), OAC 3745– 18–12 (Auglaize), OAC 3745–18–17 (Champaign), OAC 3745–18–18 (Clark), OAC 3745–18–28 (Erie), OAC 3745–18– 29 (Fairfield), OAC 3745–18–31 (Franklin), OAC 3745–18–34 (Geauga), OAC 3745–18–35 (Greene), OAC 3745– 18–37 (Hamilton), OAC 3745–18–38 (Hancock), OAC 3745–18–49 (Lake), OAC 3745–18–50 (Lawrence), OAC 3745–18–53 (Lorain), OAC 3745–18–57 (Marion), OAC 3745–18–61 (Miami), OAC 3745–18–63 (Montgomery), OAC 3745–18–66 (Muskingum), OAC 3745– 18–68 (Ottawa), OAC 3745–18–69 (Paulding), OAC 3745–18–72 (Pike), OAC 3745–18–76 (Richland), OAC 3745–18–77 (Ross), OAC 3745–18–78 (Sandusky), OAC 3745–18–79 (Scioto), OAC 3745–18–80 (Seneca), OAC 3745– 18–81 (Shelby), OAC 3745–18–83 (Summit), OAC 3745–18–84 (Trumbull), OAC 3745–18–85 (Tuscarawas), OAC 3745–18–87 (Van Wert), OAC 3745–18– 90 (Washington), OAC 3745–18–91 (Wayne), and OAC 3745–18–93 (Wood); (ix) Rules as effective in Ohio on March 27, 2006: OAC 3745–18–08 (Allen), OAC 3745–18–15 (Butler), OAC 3745–18–24 (Cuyahoga), and OAC 3745–18–54 (Lucas); and (x) Rule as effective in Ohio on December 8, 2007: OAC 3745–18–82 (Stark). * * * * * § 52.1882 [Removed and Reserved] 4. Section 52.1882 is removed and reserved. I PART 81—[AMENDED] 5. The authority citation for part 81 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart C—Section 107 Attainment Status Designations 6. The table in § 81.336 entitled ‘‘Ohio—SO2’’ is amended by removing the three footnotes and revising the entries for Summit and Trumbull Counties to read as follows: I § 81.336 Ohio. OHIO.—SO2 Does not meet primary standards Designated area * * * * Summit County ................................................................................................. Trumbull County ............................................................................................... * * * * * * * * * ........................ ........................ ........................ ........................ * ACTION: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 jlentini on PROD1PC65 with RULES [EPA–R06–OAR–2007–0967; FRL–8544–6] Determination of Nonattainment and Reclassification of the Baton Rouge 8Hour Ozone Nonattainment Area; State of Louisiana Environmental Protection Agency (EPA). AGENCY: VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 Final rule. SUMMARY: EPA is finalizing its finding that the Baton Rouge ‘‘marginal’’ 8-hour ozone nonattainment area (hereinafter referred to as the Baton Rouge area) did not attain the 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA or the Act) and Code of Federal Regulations (CFR) for ‘‘marginal’’ nonattainment areas. By operation of law, the Baton Rouge area is to be reclassified from a ‘‘marginal’’ to a ‘‘moderate’’ 8-hour ozone nonattainment area on the effective date of this rule. The new attainment deadline for the reclassified Baton PO 00000 Frm 00037 Fmt 4700 Cannot be classified Sfmt 4700 Better than national standards * ........................ ........................ * * * * [FR Doc. E8–5666 Filed 3–20–08; 8:45 am] BILLING CODE 6560–50–P Does not meet secondary standards X X Rouge nonattainment area is ‘‘as expeditiously as practicable’’ but no later than June 15, 2010. In addition, EPA is requiring Louisiana to submit State Implementation Plan (SIP) revisions addressing the CAA’s pollution control requirements for ‘‘moderate’’ 8-hour ozone nonattainment areas no later than January 1, 2009. This final rule is effective on April 21, 2008. DATES: EPA has established a docket for this action under Docket Identification No. EPA–R06–OAR– 2007–0967. All documents in the docket are listed on the www.regulations.gov, Web site. Although listed in the index, ADDRESSES: E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15083-15087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5666]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0546; FRL-8534-4]


Approval and Promulgation of Ohio SO2 Air Quality Implementation 
Plans and Designation of Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving an assortment of rules, submitted by Ohio on 
May 16, 2006, as amended on December 10, 2007, setting limits on sulfur 
dioxide (SO2) emissions. Most significantly, EPA is approving rules for 
Franklin, Stark, and Summit Counties and for one source in Sandusky 
County, rules that supersede regulations that EPA promulgated in 1976 
as a Federal Implementation Plan (FIP). This action provides that the 
entire FIP for SO2 in Ohio will now be superseded by approved State 
limits. Consequently, EPA is rescinding the entire FIP. EPA is also 
approving several substantive rule revisions and approving numerous 
Ohio rules that update various company names and unit identifications. 
Finally, since this rulemaking resolves the issues, which led a court 
to remand the designation for a portion of Summit County to EPA for 
reconsideration, EPA is promulgating a designation of attainment for 
the presently undesignated portion of this county.

DATES: This final rule is effective on April 21, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0546. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 
Federal 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. Background for This Action
    A. Summary of Ohio's Submittal
    B. Summary of EPA's Proposed Rulemaking
    C. Comments on EPA's Proposal
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews.

I. Background for This Action

A. Summary of Ohio's Submittal

    On May 16, 2006, Ohio EPA submitted 4 amended general SO2 rules and 
40 county-specific SO2 rules. The county-specific rules include 4 rules 
that were submitted to supersede remaining FIP rules, 4 rules that 
include substantive revisions to the limits, and 32 rules, which only 
change company names or unit identifications or make other such 
administrative changes.
    On July 24, 2007, Ohio submitted a letter identifying an error, 
noted by the company, in its SO2 limit for the facility in Stark County 
owned by the Canton Drop Forging and Manufacturing Company. On December 
10, 2007, Ohio submitted rule revisions correcting this error. The 
correction of this error makes the Stark County rules consistent with 
Ohio's attainment demonstration for this county and fully approvable.

B. Summary of EPA's Proposed Rulemaking

    EPA proposed action on this submittal on May 1, 2007. The notice of 
proposed rulemaking provided a summary of the full history of the 
regulation of SO2 emissions in the State of Ohio. Most notably, because 
Ohio withdrew its original SO2 rules from EPA consideration, EPA 
promulgated a FIP for SO2 on August 27, 1976, with numerous subsequent 
amendments. On September 12, 1979, Ohio submitted a plan with limits 
for SO2 in all 88 Ohio counties. For many of the counties, EPA approved 
Ohio's rules and provided that the approved rules would supersede the

[[Page 15084]]

corresponding federally promulgated rules. For other counties, EPA had 
concerns about the 1979 rules that Ohio addressed with subsequent 
submittals. With its May 2006 submittal, Ohio completed the process of 
submitting State rules to address all 88 counties in the state and to 
entirely supersede the FIP for SO2 in Ohio.
    EPA's May 2007 proposed rulemaking included three components. 
First, EPA addressed the state rules that Ohio submitted. EPA proposed 
to approve all of the submitted rules. Second, EPA addressed the FIP 
rules that the state rules supersede. Since the submitted rules, along 
with rules approved previously, would complete the process of 
superseding the entire FIP, EPA proposed to rescind the entire FIP. 
Third, EPA addressed the designation of portions of Summit County, 
Ohio. Portions of this county have been undesignated as a result of a 
lawsuit that led the Court of Appeals for the Sixth Circuit to remand 
the designation to EPA pending resolution of modeling issues as to what 
emission limits are necessary to attain the standard. EPA believes that 
these issues are resolved by the modeling underlying Ohio's Summit 
County SO2 limits, and so EPA proposed to establish a designation of 
attainment for this county.
    EPA's proposed rulemaking was based on EPA's belief that Ohio's 
rules were fully consistent with the attainment demonstrations for the 
applicable counties. Although Ohio's letter of July 25, 2007, indicates 
that this was not the case for one boiler at one source in Stark 
County, the revised rules that Ohio submitted on December 10, 2007, 
remove this discrepancy. As a result, EPA believes that Ohio's limits 
are now consistent with the applicable attainment demonstrations and 
are fully approvable.

C. Comments on EPA's Proposal

    EPA received no comments on its proposed rulemaking.

II. What Action Is EPA Taking?

    EPA believes that the SO2 rules submitted by Ohio meet applicable 
requirements, most notably by assuring attainment in the applicable 
areas. Therefore, EPA is approving the rules that Ohio submitted on May 
16, 2006, as amended in the rule submitted on December 10, 2007. 
Specifically, EPA is fully approving 44 rules for SO2 in Ohio, 
including 4 general rules, 4 county-specific rules that replace FIP 
rules, 4 county-specific rules that incorporate substantive changes in 
limits, and 32 county-specific rules that reflect only administrative 
changes such as updating company names.
    This action provides that state rules now supersede the last 
remaining portions of the FIP that was promulgated in 1976 et seq. 
Therefore, the FIP may be removed from the Code of Federal Regulations 
(CFR). Even after the FIP is removed, EPA may continue to take 
enforcement action against violations of the FIP limits discovered to 
have occurred during the time the FIP was in effect. Accordingly, EPA 
is rescinding the entirety of 40 CFR 52.1881(b) (including general 
provisions and county-specific limits) and of 40 CFR 52.1882 (providing 
FIP compliance schedules). Since EPA has now approved rules for the 
entire State, EPA is rescinding the sections of 40 CFR 52.1881(a) that 
identify counties for which EPA has taken no action or has disapproved 
the state's plan. EPA is replacing the listing of counties having 
approved rules with a rule-by-rule listing of approved rules.
    Finally, EPA is also establishing a designation of attainment for 
the portion of Summit County that is presently undesignated. For 
simplicity, EPA is combining the designations into a single designation 
for the entire county rather than have separate designations for four 
subdivisions of the county. EPA is also rescinding the footnote that 
was inadvertently applied to the designation of Trumbull County.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This action approves State rules regulating emissions of 
SO2. The present action does not establish any new 
information collection burden. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. An agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the agency certifies the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions. For purposes 
of assessing the impacts of today's action on small entities, small 
entity is defined as: (1) A small business that is a small industrial 
entity as defined in the U.S. Small Business Administration (SBA) size 
standards. (See 13 CFR 121.); (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. This 
action merely approves state rules regulating SO2 emissions 
and imposes no additional requirements beyond those imposed by state 
rules. Accordingly, I certify that this rule will not have a 
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for

[[Page 15085]]

which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation to why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including Tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements. Today's action does not include a Federal 
mandate within the meaning of UMRA that may result in expenditures of 
$100 million or more in any one year by either State, local, or Tribal 
governments in the aggregate or to the private sector, and therefore, 
is not subject to the requirements of sections 202 and 205 of the UMRA. 
This action merely approves state rules regulating SO2 
emissions and imposes no additional requirements beyond those imposed 
by state rules. EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments, because the state emission limitations being 
approved apply to industrial facilities, not to any small government.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.'' This action 
merely approves state rules regulating SO2 emissions and imposes no 
additional requirements beyond those imposed by state rules. This 
action will not modify the relationship of the States and EPA for 
purposes of developing programs to implement the NAAQS. Thus, Executive 
Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This action does not have 
``Tribal implications'' as specified in Executive Order 13175. This 
action merely approves state rules regulating SO2 emissions in a state 
with no federally recognized tribes. Thus, Executive Order 13175 does 
not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045: ``Protection of Children From Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This action 
merely approves state rules regulating SO2 emissions and imposes no 
additional requirements beyond those imposed by state rules. This 
action is not subject to Executive Order 13045 because it is not 
economically significant as defined in E.O. 12866, and because the 
Agency does not have reason to believe the environmental health risks 
or safety risks addressed by this rule present a disproportionate risk 
to children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions That 
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

I. 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.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action approves emission limitations that are 
equivalent or more stringent than current SIP limitations, and so this 
rule will not have adverse effects on any population.

K. 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

[[Page 15086]]

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. The 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). This action will be effective April 21, 2008.

L. Petitions for Judicial Review

    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 20, 2008. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur oxides.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
Sulfur dioxide, Wilderness areas.

    Dated: February 21, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, parts 52 and 81, chapter I, of 
title 40 of the Code of Federal Regulations are 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 K--Ohio

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


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (136) On May 16, 2006, Ohio submitted numerous regulations for 
sulfur dioxide. These regulations were submitted to replace the 
remaining federally promulgated regulations, to make selected revisions 
to applicable limits, and to update company names and make other 
similar administrative changes. On December 10, 2007, Ohio submitted a 
corrected rule for Stark County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-18-01 ``Definitions and 
incorporation by reference.'', 3745-18-02 ``Ambient air quality 
standards; sulfur dioxide.'', 3745-18-03 ``Attainment dates and 
compliance time schedules.'', 3745-18-06 ``General emission limit 
provisions.'', 3745-18-10 ``Ashtabula County emission limits.'', 3745-
18-11 ``Athens County emission limits.'', 3745-18-12 ``Auglaize County 
emission limits.'', 3745-18-17 ``Champaign County emission limits.'', 
3745-18-18 ``Clark County emission limits.'', 3745-18-28 ``Erie County 
emission limits.'', 3745-18-29 ``Fairfield County emission limits.'', 
3745-18-31 ``Franklin County emission limits.'', 3745-18-34 ``Geauga 
County emission limits.'', 3745-18-35 ``Greene County emission 
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38 
``Hancock County emission limits.'', 3745-18-49 ``Lake County emission 
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-53 
``Lorain County emission limits.'', 3745-18-57 ``Marion County emission 
limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-18-63 
``Montgomery County emission limits.'', 3745-18-66 ``Muskingum County 
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'', 
3745-18-69 ``Paulding County emission limits.'', 3745-18-72 ``Pike 
County emission limits.'', 3745-18-76 ``Richland County emission 
limits.'', 3745-18-77 ``Ross County emission limits.'', 3745-18-78 
``Sandusky County emission limits.'', 3745-18-79 ``Scioto County 
emission limits.'', 3745-18-80 ``Seneca County emission limits.'', 
3745-18-81 ``Shelby County emission limits.'', 3745-18-83 ``Summit 
County emission limits.'', 3745-18-84 ``Trumbull County emission 
limits.'', 3745-18-85 ``Tuscarawas County emission limits.'', 3745-18-
87 ``Van Wert County emission limits.'', 3745-18-90 ``Washington County 
emission limits.'', 3745-18-91 ``Wayne County emission limits.'', and 
3745-18-93 ``Wood County emission limits.'', adopted on January 13, 
2006, effective January 23, 2006.
    (B) January 13, 2006, ``Director's Final Findings and Orders'', 
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection 
Agency, adopting the rules identified in paragraph (A) above.
    (C) Ohio Administrative Code Rules 3745-18-08 ``Allen County 
emission limits.'', 3745-18-15 ``Butler County emission limits.'', 
3745-18-24 ``Cuyahoga County emission limits.'', and 3745-18-54 ``Lucas 
County emission limits.'', adopted on March 16, 2006, effective March 
27, 2006.
    (D) March 16, 2006, ``Director's Final Findings and Orders'', 
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection 
Agency, adopting rules 3745-18-08, 3745-18-15, 3745-18-24, and 3745-18-
54.
    (E) Ohio Administrative Code Rule 3745-18-82 ``Stark County 
emission limits.'', adopted on November 28, 2007, effective December 8, 
2007.
    (F) November 28, 2007, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency, adopting rule 3745-18-82.
* * * * *

0
3. Section 52.1881 is amended as follows:
0
a. By revising paragraph (a)(4).
0
b. By removing and reserving paragraphs (a)(7), (a)(8), and (b).


Sec.  52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

    (a) * * *
    (4) Notwithstanding the portions of Ohio's sulfur dioxide rules 
identified in this section that EPA has either disapproved or taken no 
action on, EPA has approved a complete plan addressing all counties in 
the State of Ohio. EPA has approved the following rules, supplemented 
by any additional approved rules specified in 40 CFR 52.1870:
    (i) Rules as effective in Ohio on December 28, 1979: OAC 3745-18-
04(A), (B), (C), (D)(1), (D)(4), (E)(1), and (H) (measurement methods), 
OAC 3745-18-05 (ambient monitoring), OAC 3745-18-09 (Ashland County), 
OAC 3745-18-13 (Belmont), OAC 3745-18-14 (Brown), OAC 3745-18-16 
(Carroll), OAC 3745-18-19 (Clermont)--except for one paragraph approved 
later (CG&E Beckjord), OAC 3745-18-20 (Clinton), OAC 3745-18-21 
(Columbiana), OAC 3745-18-23 (Crawford), OAC 3745-18-25 (Darke), OAC 
3745-18-26 (Defiance), OAC 3745-18-27 (Delaware), OAC 3745-18-30 
(Fayette), OAC 3745-18-32 (Fulton), OAC 3745-18-36 (Guernsey), OAC 
3745-18-39 (Hardin), OAC 3745-18-40 (Harrison), OAC 3745-18-41 (Henry), 
OAC 3745-18-42 (Highland),

[[Page 15087]]

OAC 3745-18-43 (Hocking), OAC 3745-18-44 (Holmes), OAC 3745-18-45 
(Huron), OAC 3745-18-46 (Jackson), OAC 3745-18-48 (Knox), OAC 3745-18-
51 (Licking), OAC 3745-18-52 (Logan), OAC 3745-18-55 (Madison), OAC 
3745-18-58 (Medina), OAC 3745-18-59 (Meigs), OAC 3745-18-60 (Mercer), 
OAC 3745-18-62 (Monroe), OAC 3745-18-64 (Morgan)--except for one 
paragraph approved later (OP Muskingum River), OAC 3745-18-65 (Morrow), 
OAC 3745-18-67 (Noble), OAC 3745-18-70 (Perry), OAC 3745-18-73 
(Portage), OAC 3745-18-74 (Preble), OAC 3745-18-75 (Putnam), OAC 3745-
18-86 (Union), OAC 3745-18-88 (Vinton), OAC 3745-18-89 (Warren), OAC 
3745-18-92 (Williams), and OAC 3745-18-94 (Wyandot);
    (ii) Rules as effective in Ohio on October 1, 1982: OAC 3745-18-64 
(B) (OP Muskingum River in Morgan County);
    (iii) Rules as effective in Ohio on May 11, 1987: OAC 3745-18-19(B) 
(CG&E Beckjord);
    (iv) Rules as effective in Ohio on October 31, 1991: OAC 3745-18-04 
(D)(7), (D)(8)(a) to (D)(8)(e), (E)(5), (E)(6)(a), (E)(6)(b), (F), and 
(I) (measurement methods);
    (v) Rules as effective in Ohio on July 25, 1996: OAC 3745-18-47 
(Jefferson);
    (vi) Rules as effective in Ohio on March 21, 2000: OAC 3745-18-
04(D)(8), (D)(9), and (E)(7) (measurement methods), OAC 3745-18-22 
(Coshocton), OAC 3745-18-33 (Gallia), and OAC 3745-18-71 (Pickaway);
    (vii) Rules as effective in Ohio on September 1, 2003: OAC 3745-18-
04(F) and (J) (measurement methods), and OAC 3745-18-56 (Mahoning);
    (viii) Rules as effective in Ohio on January 23, 2006: OAC 3745-18-
01 (definitions), OAC 3745-18-02 (air quality standards), OAC 3745-18-
03 (compliance dates), OAC 3745-18-06 (general provisions), OAC 3745-
18-07 (Adams), OAC 3745-18-10 (Ashtabula), OAC 3745-18-11 (Athens), OAC 
3745-18-12 (Auglaize), OAC 3745-18-17 (Champaign), OAC 3745-18-18 
(Clark), OAC 3745-18-28 (Erie), OAC 3745-18-29 (Fairfield), OAC 3745-
18-31 (Franklin), OAC 3745-18-34 (Geauga), OAC 3745-18-35 (Greene), OAC 
3745-18-37 (Hamilton), OAC 3745-18-38 (Hancock), OAC 3745-18-49 (Lake), 
OAC 3745-18-50 (Lawrence), OAC 3745-18-53 (Lorain), OAC 3745-18-57 
(Marion), OAC 3745-18-61 (Miami), OAC 3745-18-63 (Montgomery), OAC 
3745-18-66 (Muskingum), OAC 3745-18-68 (Ottawa), OAC 3745-18-69 
(Paulding), OAC 3745-18-72 (Pike), OAC 3745-18-76 (Richland), OAC 3745-
18-77 (Ross), OAC 3745-18-78 (Sandusky), OAC 3745-18-79 (Scioto), OAC 
3745-18-80 (Seneca), OAC 3745-18-81 (Shelby), OAC 3745-18-83 (Summit), 
OAC 3745-18-84 (Trumbull), OAC 3745-18-85 (Tuscarawas), OAC 3745-18-87 
(Van Wert), OAC 3745-18-90 (Washington), OAC 3745-18-91 (Wayne), and 
OAC 3745-18-93 (Wood);
    (ix) Rules as effective in Ohio on March 27, 2006: OAC 3745-18-08 
(Allen), OAC 3745-18-15 (Butler), OAC 3745-18-24 (Cuyahoga), and OAC 
3745-18-54 (Lucas); and
    (x) Rule as effective in Ohio on December 8, 2007: OAC 3745-18-82 
(Stark).
* * * * *


Sec.  52.1882  [Removed and Reserved]

0
4. Section 52.1882 is removed and reserved.

PART 81--[AMENDED]

0
5. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
6. The table in Sec.  81.336 entitled ``Ohio--SO2'' is 
amended by removing the three footnotes and revising the entries for 
Summit and Trumbull Counties to read as follows:


Sec.  81.336  Ohio.

                                                   Ohio.--SO2
----------------------------------------------------------------------------------------------------------------
                                                  Does not meet   Does not meet                    Better than
                Designated area                      primary        secondary       Cannot be        national
                                                    standards       standards      classified       standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Summit County..................................  ..............  ..............  ..............               X
Trumbull County................................  ..............  ..............  ..............               X
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E8-5666 Filed 3-20-08; 8:45 am]
BILLING CODE 6560-50-P