Approval and Promulgation of Air Quality Implementation Plans; Ohio, 15081-15083 [E8-5667]
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0879; FRL–8533–8]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is approving revisions to
the Ohio State Implementation Plan
(SIP) under the Clean Air Act (CAA). On
September 7, 2006, Ohio requested
approval of revisions to its open burning
standards. In order to clarify the open
burning rules, Ohio added requirements
for specific types of burning that were
previously not addressed. The state also
added or refined some of the definitions
and slightly changed some of the
existing rules. The revisions were made
to increase clarity of Ohio’s open
burning rules. EPA finds that the
revisions are consistent with the CAA.
DATES: This direct final rule will be
effective May 20, 2008, unless EPA
receives adverse comments by April 21,
2008. If 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–2006–0879, 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–2006–
0879. EPA’s policy is that all comments
received will be included in the public
VerDate Aug<31>2005
20:55 Mar 20, 2008
Jkt 214001
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your
e-mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
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 Matt Rau, Environmental
Engineer, at (312) 886–6524 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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15081
EPA. This supplementary information
section is arranged as follows:
I. What Is EPA Approving?
II. What Is the Background for This Action?
III. What Is EPA’s Analysis of the State
Submission?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews
I. What Is EPA Approving?
EPA is approving the Ohio SIP
revisions submitted on September 7,
2006, which change its open burning
standards. Standards for new open
burning purposes were added to Ohio
Administrative Code (OAC) 3745–19.
The rules were added for emergency
burning, recreational fires, hazardous
material disposal, and firefighting
training. The conditions under which
open burning of storm debris is allowed
are stated. A definition for emergency
burning was added. Minor revisions to
some other definitions and to
notification requirements were made to
enhance clarity. Specifically, EPA is
approving revisions to OAC 3745–19
Sections 1, 2, 3 (including Appendix), 4,
and 5.
II. What Is the Background for this
Action?
Ohio conducted a periodic review of
its open burning standards, OAC 3745–
19. The state determined that rewording
portions of the rules and adding
language for new types of burning
would clarify the rules. Questions from
the regulated community and field staff
led to the revisions. The standards the
state added explicitly list the
requirements for each type of burning.
III. What Is EPA’s Analysis of the State
Submission?
Ohio made revisions to its open
burning rules with the intent to improve
rule clarity. It added a definition of
emergency burning that lists six distinct
disaster types. This sufficiently limits
the types of events that could lead to
emergency burning. Ohio also declared
the conditions for special approvals for
the open burning of storm debris.
The state also added requirements for
new burning types. The new
requirements provide restrictions that
are appropriate for the type of burning
being conducted. Requirements were
added for recreational fires such as
campfires, emergency disposal of
hazardous materials, fire extinguisher
training, fire department training burns,
and for emergency burning. The specific
requirements for certain types of
burning clarify the standards that apply
to those burns.
The emergency burning situations
that do not need a permit or that only
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
need oral permission are clearly stated.
Under the rules, written permission will
follow oral permission, but the burning
can proceed prior to the written
permission being issued. This allows for
emergency burning that protects public
health and welfare to proceed without
unnecessary delay. The strict definition
of emergency burning should prevent an
overly broad application of the
emergency burning provisions. The
revised rules make it clear when a
burning permit is not required and what
restrictions apply to several types of
burning. This should improve
compliance and aid enforcement of
Ohio’s open burning standards.
IV. What Action Is EPA Taking?
EPA is approving revisions to the
Ohio SIP. The revisions were submitted
on September 7, 2006. Specifically, EPA
is approving the revisions to OAC
Chapter 3745–19, Sections 1 through 5
including the Section 3 Appendix. The
changes to Ohio’s open burning
regulations were made to increase the
clarity of regulations particularly for
select types of burning. Specific
regulations were added for emergency
burning, recreational fires, hazardous
material disposal, and firefighting
training.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and do
not anticipate 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 May 20, 2008 without further
notice unless we receive relevant
adverse written comments by April 21,
2008. 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
May 20, 2008.
jlentini on PROD1PC65 with RULES
V. 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
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20:55 Mar 20, 2008
Jkt 214001
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 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
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.
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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. section 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 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
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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,
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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.
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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
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]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15081-15083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5667]
[[Page 15081]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0879; FRL-8533-8]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Ohio State Implementation
Plan (SIP) under the Clean Air Act (CAA). On September 7, 2006, Ohio
requested approval of revisions to its open burning standards. In order
to clarify the open burning rules, Ohio added requirements for specific
types of burning that were previously not addressed. The state also
added or refined some of the definitions and slightly changed some of
the existing rules. The revisions were made to increase clarity of
Ohio's open burning rules. EPA finds that the revisions are consistent
with the CAA.
DATES: This direct final rule will be effective May 20, 2008, unless
EPA receives adverse comments by April 21, 2008. If 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-2006-0879, 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-
2006-0879. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
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 Matt Rau, Environmental Engineer, at (312)
886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@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 EPA Approving?
II. What Is the Background for This Action?
III. What Is EPA's Analysis of the State Submission?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews
I. What Is EPA Approving?
EPA is approving the Ohio SIP revisions submitted on September 7,
2006, which change its open burning standards. Standards for new open
burning purposes were added to Ohio Administrative Code (OAC) 3745-19.
The rules were added for emergency burning, recreational fires,
hazardous material disposal, and firefighting training. The conditions
under which open burning of storm debris is allowed are stated. A
definition for emergency burning was added. Minor revisions to some
other definitions and to notification requirements were made to enhance
clarity. Specifically, EPA is approving revisions to OAC 3745-19
Sections 1, 2, 3 (including Appendix), 4, and 5.
II. What Is the Background for this Action?
Ohio conducted a periodic review of its open burning standards, OAC
3745-19. The state determined that rewording portions of the rules and
adding language for new types of burning would clarify the rules.
Questions from the regulated community and field staff led to the
revisions. The standards the state added explicitly list the
requirements for each type of burning.
III. What Is EPA's Analysis of the State Submission?
Ohio made revisions to its open burning rules with the intent to
improve rule clarity. It added a definition of emergency burning that
lists six distinct disaster types. This sufficiently limits the types
of events that could lead to emergency burning. Ohio also declared the
conditions for special approvals for the open burning of storm debris.
The state also added requirements for new burning types. The new
requirements provide restrictions that are appropriate for the type of
burning being conducted. Requirements were added for recreational fires
such as campfires, emergency disposal of hazardous materials, fire
extinguisher training, fire department training burns, and for
emergency burning. The specific requirements for certain types of
burning clarify the standards that apply to those burns.
The emergency burning situations that do not need a permit or that
only
[[Page 15082]]
need oral permission are clearly stated. Under the rules, written
permission will follow oral permission, but the burning can proceed
prior to the written permission being issued. This allows for emergency
burning that protects public health and welfare to proceed without
unnecessary delay. The strict definition of emergency burning should
prevent an overly broad application of the emergency burning
provisions. The revised rules make it clear when a burning permit is
not required and what restrictions apply to several types of burning.
This should improve compliance and aid enforcement of Ohio's open
burning standards.
IV. What Action Is EPA Taking?
EPA is approving revisions to the Ohio SIP. The revisions were
submitted on September 7, 2006. Specifically, EPA is approving the
revisions to OAC Chapter 3745-19, Sections 1 through 5 including the
Section 3 Appendix. The changes to Ohio's open burning regulations were
made to increase the clarity of regulations particularly for select
types of burning. Specific regulations were added for emergency
burning, recreational fires, hazardous material disposal, and
firefighting training.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and do not anticipate 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 May 20, 2008
without further notice unless we receive relevant adverse written
comments by April 21, 2008. 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 May 20, 2008.
V. 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.
section 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 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
[[Page 15083]]
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.
Dated: February 15, 2008.
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 paragraph (c)(143) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(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,
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
