Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio Ambient Air Quality Standards, 65572-65574 [2010-26963]
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65572
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
Subpart KK—Ohio
2. Section 52.1870 is amended by
adding paragraph (c)(150) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(150) On August 22, 2008, Ohio
submitted revisions to
Ohio Administrative Code Chapter
3745–17, Rules 3745–17–01 through
3745–112–14. The revisions contain
particulate matter standards in the State
of Ohio necessary to attain and maintain
the 2006 24-hour PM2.5, annual PM2.5
and 24-hour PM10 NAAQS.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–17–01 Definitions: (A) and (B),
Rule 3745–17–02 Ambient air quality
standards, Rule 3745–17–04
Compliance time schedules, Rule 3745–
17–07 Control of visible particulate
emissions from stationary sources, Rule
3745–17–08 Restriction of emission of
fugitive dust, Rule 3745–17–09
Restrictions on particulate emissions
and odors from incinerators, Rule 3745–
17–10 Restrictions on particulate
emissions from fuel burning equipment,
Rule 3745–17–12 Additional restrictions
on particulate emissions from specific
air contaminant sources in Cuyahoga
county, Rule 3745–17–13 Additional
restrictions on particulate emissions
from specific air contaminant sources in
Jefferson county, and Rule 3745–17–14
Contingency plan requirements for
Cuyahoga and Jefferson counties. The
rules became effective on February 1,
2008.
(B) January 22, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
(ii) Additional Information.
(A) Ohio Administrative Code Rule
3745–17–01 Definitions: (C), effective
on February 1, 2008.
■ 3. Section 52.1890 is amended by
adding paragraph (d) to read as follows:
§ 52.1890
Removed control measures.
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*
*
*
*
*
(d) On August 22, 2008, Ohio
requested that Ohio Administrative
Code 3745–17–05 ‘‘Non-degradation
Policy.’’ be removed from the Ohio SIP.
The rule was rescinded statewide on
February 1, 2008.
■ 4. Section 52.1919 is amended by
adding paragraph (c) to read as follows:
§ 52.1919 Identification of plan—
conditional approval.
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*
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*
*
(c) On August 22, 2008, the Ohio
Environmental Protection Agency
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submitted a revision to Ohio
Administrative Code (OAC) 3745–17–
11. The rule establishes a particulate
emission limit for coating operations in
lieu of generic emission limits based on
the weight of processed materials. On
July 2, 2010, Ohio submitted a
commitment to amend OAC 3745–17–
11 by November 25, 2011. The
amendment would provide that any
exemption granted by the state for
sources too large to meet the coating
work practice requirement must be
submitted for EPA approval as a State
Implementation Plan (SIP) revision.
When EPA determines the state has met
its commitment, OAC 3745–17–11 will
be incorporated by reference into the
SIP.
[FR Doc. 2010–26880 Filed 10–25–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0807; FRL–9209–1]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Ohio Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving
amendments to the Ohio Administrative
Code (OAC) relating to the
consolidation of Ohio’s Ambient Air
Quality Standards (AAQS) into Ohio’s
State Implementation Plan (SIP) under
the Clean Air Act. On April 8, 2009, and
August 11, 2009, Ohio EPA adopted
amendments to various rules in the
OAC to consolidate the state’s AAQS.
On September 10, 2009, Ohio EPA
requested from EPA approval of
amendments to the OAC with the intent
to consolidate Ohio’s AAQS into a
single rule to provide greater
accessibility for the regulated
community and to the citizens of Ohio.
EPA is approving the request because
the revisions clarify the state’s rules and
thus better serve the purpose of
providing for meeting these standards.
DATES: This direct final rule will be
effective December 27, 2010, unless EPA
receives adverse comments by
November 26, 2010. 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–
SUMMARY:
PO 00000
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OAR–2009–0807, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: bortzer.jay@epa.gov.
3. Fax: (312) 692–2054.
4. Mail: Jay Bortzer, Chief, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Jay Bortzer, Chief,
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–2009–
0807. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
holidays. We recommend that you
telephone Melissa M. Barnhart,
Environmental Scientist, at (312) 353–
8647 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Melissa M. Barnhart, Environmental
Scientist, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8647,
barnhart.melissa@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 the background for this action?
II. Review of the Request.
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On April 8, 2009, and August 11,
2009, Ohio EPA adopted amendments to
various rules in the OAC to consolidate
the state’s AAQS. Prior to April, 2009,
Ohio’s AAQS were found in several of
the 35 chapters of the OAC that are
dedicated to Air Pollution Control. The
wide scattering of these standards in the
various chapters often caused confusion
among the regulated community,
requiring them to perform extensive
searches to find individual standards.
The intent of this rulemaking effort is to
consolidate Ohio’s AAQS into a single
rule to provide greater accessibility for
the regulated community and to the
citizens of Ohio.
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II. Review of the Request
Ohio requests that EPA approve the
reorganization of the AAQS as they
apply to Ohio’s SIP. Incorporating the
air quality standards into Ohio’s SIP
helps assure that violations of the
NAAQS are addressed. Consolidation of
the various air quality standards into a
single rule helps achieve that purpose
by making the standards easier to find.
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Therefore, EPA is approving the
following Ohio Administrative Code
rules: 3745–17–03 ‘‘Measurement
methods and procedures.’’, 3745–17–14
‘‘Contingency plan requirements for
Cuyahoga and Jefferson counties.’’,
3745–18–03 ‘‘Attainment dates and
compliance time schedules.’’, 3745–23–
01 ‘‘Definitions.’’, 3745–23–02 ‘‘Methods
of measurement.’’, 3745–25–01
‘‘Definitions.’’, 3745–25–02 ‘‘Ambient air
quality standards.’’, 3745–25–03 ‘‘Air
pollution emergencies and episode
criteria.’’, 3745–25–04 ‘‘Air pollution
emergency emission control action
programs.’’, and 3745–25–05 ‘‘Air
pollution emergency orders.’’.
III. What action is EPA taking?
EPA is approving amendments to the
OAC relating to the consolidation of
Ohio’s AAQS into Ohio’s SIP. We are
publishing this action without prior
proposal because we view this as a
noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective December 27, 2010 without
further notice unless we receive relevant
adverse written comments by November
26, 2010. 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. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. If we do not receive
any comments, this action will be
effective December 27, 2010.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
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65573
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action and other
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 27,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 17, 2010.
Susan Hedman,
Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
[FR Doc. 2010–26963 Filed 10–25–10; 8:45 am]
2. Section 52.1870 is amended by
adding paragraph (c)(151) to read as
follows:
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■
§ 52.1870
Ambient Air Quality Standards into a
single rule to provide greater
accessibility for the regulated
community and to the citizens of Ohio.
EPA is approving the request because
the revisions clarify the state’s rules and
thus better serve the purpose of
providing for meeting these standards.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–17–03 ‘‘Measurement methods
and procedures.’’, effective April 18,
2009.
(B) Ohio Administrative Code Rule
3745–17–14 ‘‘Contingency plan
requirements for Cuyahoga and Jefferson
counties.’’, effective April 18, 2009.
(C) Ohio Administrative Code Rule
3745–18–03 ‘‘Attainment dates and
compliance time schedules.’’, effective
April 18, 2009.
(D) Ohio Administrative Code Rule
3745–23–01 ‘‘Definitions.’’, effective
April 18, 2009.
(E) Ohio Administrative Code Rule
3745–23–02 ‘‘Methods of
measurement.’’, effective April 18, 2009.
(F) Ohio Administrative Code Rule
3745–25–01 ‘‘Definitions.’’, effective
April 18, 2009.
(G) Ohio Administrative Code Rule
3745–25–02 ‘‘Ambient air quality
standards.’’, effective April 18, 2009.
(H) Ohio Administrative Code Rule
3745–25–03 ‘‘Air pollution emergencies
and episode criteria.’’, effective August
21, 2009.
(I) Ohio Administrative Code Rule
3745–25–04 ‘‘Air pollution emergency
emission control action programs.’’,
effective April 18, 2009.
(J) Ohio Administrative Code Rule
3745–25–05 ‘‘Air pollution emergency
orders.’’, effective April 18, 2009.
(K) April 8, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
(L) August 11, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
BILLING CODE 6560–50–P
Identification of plan.
*
*
*
*
*
(c) * * *
(151) On September 10, 2009, Ohio
EPA submitted amendments to the OAC
with the intent to consolidate Ohio’s
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2010–0074;
92220–1113–0000; ABC Code: C6]
RIN 1018–AX37
Endangered and Threatened Wildlife
and Plants; Reinstatement of
Protections for the Gray Wolf in the
Northern Rocky Mountains in
Compliance With a Court Order
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order that has the effect of reinstating
the regulatory protections under the
Endangered Species Act of 1973, as
amended (ESA), for the gray wolf (Canis
lupus) in most of the northern Rocky
Mountains. Pursuant to the District of
Montana court order dated August 5,
2010, this rule corrects the gray wolf
listing for the northern half of Montana,
the northern panhandle of Idaho, the
eastern third of Washington and Oregon,
and north-central Utah as endangered
and reinstates the former special rules
designating the gray wolf in the
remainder of Montana and Idaho as
nonessential experimental populations.
Because ESA protections were not
removed in Wyoming by our April 2,
2009 (74 FR 15123), final delisting rule,
Wyoming is not impacted by this final
rule.
DATES: This action is effective October
26, 2010. However, the court order had
legal effect immediately upon its filing
at 2:43 p.m. Mountain Daylight Time on
August 5, 2010.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov. It will also be
available for inspection, by
appointment, during normal business
hours at U.S. Fish and Wildlife Service,
Office of the Western Gray Wolf
Recovery Coordinator, 585 Shepard
Way, Helena, Montana 59601. Call (406)
449–5225 to make arrangements.
FOR FURTHER INFORMATION CONTACT: For
information on wolves in the northern
Rocky Mountains, contact Edward E.
Bangs, Western Gray Wolf Recovery
Coordinator, U.S. Fish and Wildlife
Service, at our Helena office (see
ADDRESSES) or telephone (406) 449–
5225, extension 204. Individuals who
are hearing-impaired or speechimpaired may call the Federal Relay
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Pages 65572-65574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26963]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0807; FRL-9209-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving amendments to the Ohio Administrative Code
(OAC) relating to the consolidation of Ohio's Ambient Air Quality
Standards (AAQS) into Ohio's State Implementation Plan (SIP) under the
Clean Air Act. On April 8, 2009, and August 11, 2009, Ohio EPA adopted
amendments to various rules in the OAC to consolidate the state's AAQS.
On September 10, 2009, Ohio EPA requested from EPA approval of
amendments to the OAC with the intent to consolidate Ohio's AAQS into a
single rule to provide greater accessibility for the regulated
community and to the citizens of Ohio. EPA is approving the request
because the revisions clarify the state's rules and thus better serve
the purpose of providing for meeting these standards.
DATES: This direct final rule will be effective December 27, 2010,
unless EPA receives adverse comments by November 26, 2010. 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-2009-0807, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: bortzer.jay@epa.gov.
3. Fax: (312) 692-2054.
4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Jay Bortzer, Chief, 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-
2009-0807. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although
[[Page 65573]]
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available either electronically in https://www.regulations.gov or in
hard copy at the Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We recommend that you telephone
Melissa M. Barnhart, Environmental Scientist, at (312) 353-8647 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Melissa M. Barnhart, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8647, barnhart.melissa@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 the background for this action?
II. Review of the Request.
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On April 8, 2009, and August 11, 2009, Ohio EPA adopted amendments
to various rules in the OAC to consolidate the state's AAQS. Prior to
April, 2009, Ohio's AAQS were found in several of the 35 chapters of
the OAC that are dedicated to Air Pollution Control. The wide
scattering of these standards in the various chapters often caused
confusion among the regulated community, requiring them to perform
extensive searches to find individual standards. The intent of this
rulemaking effort is to consolidate Ohio's AAQS into a single rule to
provide greater accessibility for the regulated community and to the
citizens of Ohio.
II. Review of the Request
Ohio requests that EPA approve the reorganization of the AAQS as
they apply to Ohio's SIP. Incorporating the air quality standards into
Ohio's SIP helps assure that violations of the NAAQS are addressed.
Consolidation of the various air quality standards into a single rule
helps achieve that purpose by making the standards easier to find.
Therefore, EPA is approving the following Ohio Administrative Code
rules: 3745-17-03 ``Measurement methods and procedures.'', 3745-17-14
``Contingency plan requirements for Cuyahoga and Jefferson counties.'',
3745-18-03 ``Attainment dates and compliance time schedules.'', 3745-
23-01 ``Definitions.'', 3745-23-02 ``Methods of measurement.'', 3745-
25-01 ``Definitions.'', 3745-25-02 ``Ambient air quality standards.'',
3745-25-03 ``Air pollution emergencies and episode criteria.'', 3745-
25-04 ``Air pollution emergency emission control action programs.'',
and 3745-25-05 ``Air pollution emergency orders.''.
III. What action is EPA taking?
EPA is approving amendments to the OAC relating to the
consolidation of Ohio's AAQS into Ohio's SIP. We are publishing this
action without prior proposal because we view this as a
noncontroversial amendment and anticipate no adverse comments. However,
in the proposed rules section of this Federal Register publication, we
are publishing a separate document that will serve as the proposal to
approve the state plan if relevant adverse written comments are filed.
This rule will be effective December 27, 2010 without further notice
unless we receive relevant adverse written comments by November 26,
2010. 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. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment. If we do not
receive any comments, this action will be effective December 27, 2010.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action and
other
[[Page 65574]]
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 27, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 17, 2010.
Susan Hedman,
Regional Administrator, Region 5.
0
40 CFR part 52 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)(151) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(151) On September 10, 2009, Ohio EPA submitted amendments to the
OAC with the intent to consolidate Ohio's Ambient Air Quality Standards
into a single rule to provide greater accessibility for the regulated
community and to the citizens of Ohio. EPA is approving the request
because the revisions clarify the state's rules and thus better serve
the purpose of providing for meeting these standards.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-17-03 ``Measurement methods
and procedures.'', effective April 18, 2009.
(B) Ohio Administrative Code Rule 3745-17-14 ``Contingency plan
requirements for Cuyahoga and Jefferson counties.'', effective April
18, 2009.
(C) Ohio Administrative Code Rule 3745-18-03 ``Attainment dates and
compliance time schedules.'', effective April 18, 2009.
(D) Ohio Administrative Code Rule 3745-23-01 ``Definitions.'',
effective April 18, 2009.
(E) Ohio Administrative Code Rule 3745-23-02 ``Methods of
measurement.'', effective April 18, 2009.
(F) Ohio Administrative Code Rule 3745-25-01 ``Definitions.'',
effective April 18, 2009.
(G) Ohio Administrative Code Rule 3745-25-02 ``Ambient air quality
standards.'', effective April 18, 2009.
(H) Ohio Administrative Code Rule 3745-25-03 ``Air pollution
emergencies and episode criteria.'', effective August 21, 2009.
(I) Ohio Administrative Code Rule 3745-25-04 ``Air pollution
emergency emission control action programs.'', effective April 18,
2009.
(J) Ohio Administrative Code Rule 3745-25-05 ``Air pollution
emergency orders.'', effective April 18, 2009.
(K) April 8, 2009, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
(L) August 11, 2009, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
[FR Doc. 2010-26963 Filed 10-25-10; 8:45 am]
BILLING CODE 6560-50-P
