Approval and Promulgation of Air Quality Implementation Plans; Ohio; Oxides of Nitrogen Budget Trading Program; Technical Amendment, 11082-11083 [2011-4373]
Download as PDF
<![CDATA[
mstockstill on DSKH9S0YB1PROD with RULES
11082
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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 CAA; and
• Do 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 a
determinations of attainment is an
action that affects the status of a
geographical area and does not impose
any new regulatory requirements on
tribes, impact any existing sources of air
pollution on tribal lands, nor impair the
maintenance of ozone national ambient
air quality standards in tribal lands.
However, because there are tribal lands
located in Milwaukee County, we
provided the affected tribe with the
opportunity to consult with EPA on the
attainment determination. The
consultation occurred on November 15,
2010. The affected tribe raised no
concerns.
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
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.
These actions are not ‘‘major rules’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 2, 2011. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of these actions 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
VerDate Mar<15>2010
18:07 Feb 28, 2011
Jkt 223001
postpone the effectiveness of such rule
or action. These actions may not be
challenged later in proceedings to
enforce their requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 14, 2011.
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 YY—Wisconsin
2. Section 52.2585 is amended by
adding paragraph (y) to read as follows:
■
§ 52.2585
Control strategy: Ozone.
*
*
*
*
*
(y) Determination of attainment. EPA
has determined, as of March 1, 2011 that
the Milwaukee-Racine, WI and
Sheboygan, WI areas have attained the
1997 8-hour ozone standard. These
determinations suspend the
requirements for these areas to submit
attainment demonstrations and
associated reasonably available control
measures (RACM), reasonable further
progress plans (RFP), contingency
measures, and other State
Implementation Plan (SIP) revisions
related to attainment of the standard for
as long as the areas continue to attain
the 1997 8-hour ozone standard. These
determinations also stay the
requirement for EPA to promulgate
attainment demonstration and RFP
Federal Implementation Plans (FIPs) for
these areas.
[FR Doc. 2011–4380 Filed 2–28–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0976; FRL–9272–1]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Oxides of Nitrogen Budget Trading
Program; Technical Amendment
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
EPA is taking final action to
remove codification of a State
Implementation Plan (SIP) approval
vacated by the U.S. Court of Appeals for
the Sixth Circuit in a decision dated
June 5, 2009. This relates to Ohio rule
revisions concerning 240 allowances
under the Nitrogen Oxides Budget
Trading Program added to the SIP by
EPA rulemaking dated February 13,
2008. This final rule conforms the
codification of the SIP to the decision by
the U.S. Court of Appeals for the Sixth
Circuit in Buckeye Power, Inc. v. EPA
(6th Cir., No. 08–3399, June 5, 2009).
DATES: This final rule is effective on
March 1, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0976. All
documents in the docket are listed on
the https://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 Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
Maietta.anthony@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:
SUMMARY:
I. Background Information
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background information
On October 11, 2006, the Ohio
Environmental Protection Agency sent
EPA a letter requesting, among other
actions, that EPA approve rule revisions
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations
to withdraw and permanently retire 240
oxides of nitrogen (NOX) allowances
from the State’s 2005 new source
allowance set aside under the NOX
Budget Trading Program. On February
13, 2008 (73 FR 8197), EPA approved
the State’s rule revisions, in Ohio
Administrative Code (OAC) rule 3745–
14–05, into the Ohio state
implementation plan (SIP). EPA was
subsequently sued on our action, and on
June 5, 2009, the U.S. Court of Appeals
for the Sixth Circuit vacated our
February 13, 2008 rulemaking. As a
result, we are amending the codification
of the SIP in the Code of Federal
Regulations to reflect the court’s
decision. Because our prior rulemaking
was vacated by the U.S. Court of
Appeals for the Sixth Circuit, our action
today is merely a ministerial action to
reflect the court’s decision, which
imposes no requirements or costs.
Therefore, under 5 U.S.C. 553(b)(3)(B),
notice and public comment is
unnecessary. For similar reasons, EPA
has good cause to waive the 30 day
delayed effective date under 5 U.S.C.
553(d)(3). This rule is effective upon
publication in the Federal Register.
mstockstill on DSKH9S0YB1PROD with RULES
II. What action is EPA taking?
EPA is revising the codification of the
Ohio SIP by removing a reference to
revisions to OAC 3745–14–05 that were
previously incorporated into the Ohio
SIP at 40 CFR 52.1870(c)(142). EPA had
incorporated these revisions to OAC
3745–14–05 into Ohio’s SIP in
rulemaking dated February 13, 2008
(73 FR 8197), but the U.S. Court of
Appeals for the Sixth Circuit
subsequently vacated this action.
Therefore, in this action, we are
removing and reserving the pertinent
paragraph from the Code of Federal
Regulations. Reserving this paragraph is
a technical change to the codification of
the SIP. This action does not alter any
other Ohio SIP rulemaking actions, and
Ohio is not obligated to take any further
action as a result of this action.
III. Statutory and Executive Order
Reviews
This action merely revises the Code of
Federal Regulations to reflect the effect
of a federal court order and it does not
impose any requirements. 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.);
VerDate Mar<15>2010
18:07 Feb 28, 2011
Jkt 223001
• 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
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 May 2, 2011.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
11083
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. 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,
Oxides of Nitrogen, Oxides of Nitrogen
Budget Trading Program.
Dated: February 14, 2011.
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
§ 52.1870
[Amended]
2. Section 52.1870 is amended by
removing and reserving paragraph
(c)(142).
■
[FR Doc. 2011–4373 Filed 2–28–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2010–0168; FRL–9271–5]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Missouri State Implementation Plan
(SIP) submitted April 10, 2009. The
revision includes two new rules which
implement restrictions on the idling of
heavy duty diesel vehicles in the Kansas
City Metropolitan Area and in the St.
Louis Ozone Nonattainment Area. EPA
is approving this revision because the
standards and requirements set by the
rules will strengthen the Missouri SIP.
EPA’s approval of this SIP revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Rules and Regulations]
[Pages 11082-11083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4373]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0976; FRL-9272-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Oxides of Nitrogen Budget Trading Program; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to remove codification of a State
Implementation Plan (SIP) approval vacated by the U.S. Court of Appeals
for the Sixth Circuit in a decision dated June 5, 2009. This relates to
Ohio rule revisions concerning 240 allowances under the Nitrogen Oxides
Budget Trading Program added to the SIP by EPA rulemaking dated
February 13, 2008. This final rule conforms the codification of the SIP
to the decision by the U.S. Court of Appeals for the Sixth Circuit in
Buckeye Power, Inc. v. EPA (6th Cir., No. 08-3399, June 5, 2009).
DATES: This final rule is effective on March 1, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0976. All documents in the docket are listed on
the https://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 Anthony Maietta,
Environmental Protection Specialist, at (312) 353-8777 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
Maietta.anthony@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. Background Information
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background information
On October 11, 2006, the Ohio Environmental Protection Agency sent
EPA a letter requesting, among other actions, that EPA approve rule
revisions
[[Page 11083]]
to withdraw and permanently retire 240 oxides of nitrogen
(NOX) allowances from the State's 2005 new source allowance
set aside under the NOX Budget Trading Program. On February
13, 2008 (73 FR 8197), EPA approved the State's rule revisions, in Ohio
Administrative Code (OAC) rule 3745-14-05, into the Ohio state
implementation plan (SIP). EPA was subsequently sued on our action, and
on June 5, 2009, the U.S. Court of Appeals for the Sixth Circuit
vacated our February 13, 2008 rulemaking. As a result, we are amending
the codification of the SIP in the Code of Federal Regulations to
reflect the court's decision. Because our prior rulemaking was vacated
by the U.S. Court of Appeals for the Sixth Circuit, our action today is
merely a ministerial action to reflect the court's decision, which
imposes no requirements or costs. Therefore, under 5 U.S.C.
553(b)(3)(B), notice and public comment is unnecessary. For similar
reasons, EPA has good cause to waive the 30 day delayed effective date
under 5 U.S.C. 553(d)(3). This rule is effective upon publication in
the Federal Register.
II. What action is EPA taking?
EPA is revising the codification of the Ohio SIP by removing a
reference to revisions to OAC 3745-14-05 that were previously
incorporated into the Ohio SIP at 40 CFR 52.1870(c)(142). EPA had
incorporated these revisions to OAC 3745-14-05 into Ohio's SIP in
rulemaking dated February 13, 2008 (73 FR 8197), but the U.S. Court of
Appeals for the Sixth Circuit subsequently vacated this action.
Therefore, in this action, we are removing and reserving the pertinent
paragraph from the Code of Federal Regulations. Reserving this
paragraph is a technical change to the codification of the SIP. This
action does not alter any other Ohio SIP rulemaking actions, and Ohio
is not obligated to take any further action as a result of this action.
III. Statutory and Executive Order Reviews
This action merely revises the Code of Federal Regulations to
reflect the effect of a federal court order and it does not impose any
requirements. 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 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 May 2, 2011. 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. 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, Oxides of Nitrogen, Oxides of
Nitrogen Budget Trading Program.
Dated: February 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
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
Sec. 52.1870 [Amended]
0
2. Section 52.1870 is amended by removing and reserving paragraph
(c)(142).
[FR Doc. 2011-4373 Filed 2-28-11; 8:45 am]
BILLING CODE 6560-50-P
