Approval and Promulgation of Air Quality Implementation Plans; Ohio; Particulate Matter, 36277-36279 [2014-14831]
Download as PDF
Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Proposed Rules
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www1.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published.’’
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:
■
Authority: 38 U.S.C. 107, 501, 512, 2306,
2402, 2403, 2404, 2408, 2411, 7105.
2. Add § 38.637 to read as follows:
Comment Period
■
Although Executive Order 12866
generally requires that agencies afford
the public a 60-day comment period,
VA has determined that good cause
exists to limit the public comment
period for this proposed rule to 30 days.
This rulemaking is necessary to
implement the statutory changes
enacted in Public Law 112–260 to
increase the availability of benefits for
veterans whose remains are unclaimed
where sufficient resources are not
available for burial expenses. VA must
implement the new casket and urn
authority in regulation to inform the
public of reimbursement amounts,
application procedures, and standards
for the caskets or urns. These statutory
provisions became effective on January
10, 2014, one year after the enactment
date of the law. Accordingly, we are
providing a 30-day comment period for
the public to comment on the proposed
rule.
§ 38.637. Reimbursement for caskets and
urns for unclaimed remains of Veterans.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance program number and title for
this proposed rule are 64.201, National
Cemeteries.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Jose
D. Riojas, Chief of Staff, Department of
Veteran Affairs, approved this
document on June 13, 2014, for
publication.
List of Subjects in 38 CFR Part 38
pmangrum on DSK3VPTVN1PROD with PROPOSALS
Administrative practice and
procedure, Cemeteries, Veterans.
Dated: June 18, 2014.
William F. Russo,
Deputy Director, Office of Regulation Policy
& Management, Office of the General Counsel,
U.S. Department of Veterans Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
38 as set forth below:
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14:46 Jun 25, 2014
Jkt 232001
(a) VA will reimburse any individual
or entity for the actual cost of a casket
or an urn, purchased by the individual
or entity for the burial in a national
cemetery of an eligible veteran who died
on or after January 10, 2014, for whom
VA:
(1) Is unable to identify the veteran’s
next-of-kin; and
(2) Determines that sufficient
resources are otherwise unavailable to
furnish the casket or urn.
(b) An individual or entity may
request reimbursement from VA under
paragraph (a) of this section by
completing and submitting VA Form
40–10088, and supporting
documentation, in accordance with the
instructions on the form. Prior to
approving reimbursement VA must find
all of the following:
(1) The veteran is eligible for burial in
a VA national cemetery;
(2) The individual or entity has
certified that they cannot identify the
veteran’s next-of-kin, and VA’s records
do not identify a next-of-kin;
(3) The individual or entity has
certified that, to the best of their
knowledge, sufficient resources are
otherwise unavailable to furnish the
casket or urn, and VA’s records do not
indicate such resources;
(4) The invoice presented by the
individual or entity clearly indicates the
purchase price of the casket or urn
purchased by the individual or entity;
and
(5) The invoice presented by the
individual or entity contains
information sufficient for VA to
determine, in conjunction with a visual
inspection, that the casket or urn meets
the following minimum standards:
(i) Caskets must be of 20-gauge metal
construction, designed for containing
human remains, sufficient to contain the
remains of the deceased veteran,
include a gasketed seal, and include
external fixed rails or swing arm
handles.
(ii) Urns must be of durable plastic
construction, with a secure closure to
contain the cremated remains, and must
be designed for containing cremated
human remains.
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
36277
(c) Reimbursement under paragraph
(a) of this section will not exceed the
average cost of the casket or urn, as
determined by VA and published
annually in the Federal Register.
(d) If, before June 26, 2014, an
individual or entity purchased a casket
or urn for burial in a VA national
cemetery of the remains of a veteran
who died after January 10, 2014, and the
burial receptacle is not at least a 20gauge metal casket or a durable plastic
urn, VA will reimburse the purchase
price of the burial receptacle, providing
all other criteria in this regulation are
met. The reimbursement amount will be
subject to the maximum reimbursement
amount calculated for 2014.
(Authority: 38 U.S.C. 2306, 2402, 2411)
[FR Doc. 2014–14651 Filed 6–25–14; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2005–OH–0002; FRL–
9912–60–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; supplemental.
AGENCY:
On June 27, 2005, the
Environmental Protection Agency (EPA)
proposed action on particulate matter
rule revisions that Ohio submitted on
June 4, 2003. While EPA subsequently
took final action with respect to
provisions that it proposed to approve,
EPA has not taken final action with
respect to provisions relating to opacity
limitations that EPA proposed to
disapprove on June 27, 2005. EPA is
evaluating the public comments
received in response to the proposed
disapproval published on June 27, 2005.
EPA believes that events subsequent
to the publication of the proposed
disapproval and the associated
comment period have not altered the
criteria for evaluating Ohio’s rule
revisions relating to opacity and have
not otherwise influenced whether the
rule revisions should be disapproved, as
proposed. Nevertheless, given the
passage of time, EPA is soliciting
supplemental comment specifically
with respect to whether events
subsequent to the prior comment period
should alter EPA’s proposed
disapproval of Ohio’s June 4, 2003,
submission with respect to SIP opacity
SUMMARY:
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36278
Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Proposed Rules
limitations. EPA is not soliciting
comments on Ohio’s submission or
EPA’s proposed June 27, 2005, action on
that submission, except to the extent
that events subsequent to the original
comment period are relevant to EPA’s
evaluation of the submission and EPA’s
proposed action. This is not a reopening of the original comment period,
but the opening of a supplemental
comment period, as described further
below.
Comments must be received on
or before July 28, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2005–OH–0002, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance 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–2005–
OH–0002. 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 email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
pmangrum on DSK3VPTVN1PROD with PROPOSALS
DATES:
VerDate Mar<15>2010
14:46 Jun 25, 2014
Jkt 232001
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 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,
Attainment Planning and Maintenance
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:
I. Background
On June 4, 2003, Ohio submitted
revisions to particulate matter rules in
the EPA approved SIP for the state, in
Ohio Administrative Code (OAC)
Chapter 3745–17. These revisions
included significant revisions to Ohio’s
requirements regarding opacity limits
applicable to various sources, reflected
in revisions to OAC 3745–17–03.
Among other changes, these revisions
provided that sources meeting certain
criteria, including operating a
continuous opacity monitoring system
(COMS) in compliance with pertinent
data quality requirements, could opt to
demonstrate compliance by showing
that the COMS data meet modified
opacity limits. The revisions also
include various less substantive
updates, simplifications, and
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
clarifications in other parts of OAC
3745–17 that are unrelated to the
applicable opacity standards.
EPA proposed action on these
revisions to OAC 3745–17 on June 27,
2005, published at 70 FR 36901. EPA
proposed to disapprove the revisions in
OAC 3745–17–03, finding that the
revisions relaxed applicable opacity
requirements without any
demonstration pursuant to Clean Air
Act section 110(l) that the relaxation
does not interfere with attainment or
maintenance of the NAAQS or
satisfaction of other requirements. EPA
proposed to approve most of the
remaining revisions that Ohio
submitted. These remaining revisions
were part of a subsequently submitted
and subsequently approved set of
revisions, and so these remaining
revisions are not at issue here. EPA
received comments on the June 25,
2007, proposal from several
commenters.
On September 10, 2009, Ohio
submitted additional rule revisions
expressly intended to consolidate its air
quality standards. These rule revisions
included an update to the cross
reference in OAC 3745–17–03(A),
intended to clarify that the ambient
monitoring methods given in OAC
3745–17–01 were to be used to assess
attainment with air quality standards in
a rule relocated from OAC 3745–17–02
to OAC 3745–25–02. EPA published
direct final action approving the air
quality standards-related revisions on
October 26, 2010, at 75 FR 65572.
Unfortunately, EPA’s October 2010
action on Ohio’s September 2009
submission (addressing the state’s air
quality standards rules) erroneously
appeared to suggest that EPA was
approving the entirety of the substantive
revisions to OAC 3745–17–03, even
though the action only addressed the
revision to the cross reference in
paragraph A and not the other
substantive provisions in OAC 3745–
17–03 such as the opacity-related
provisions in OAC 3745–17–03(B).
Upon finding this error, EPA published
action on April 3, 2013, at 78 FR 19990,
to correct this error pursuant to its
authority under the Administrative
Procedures Act. Two parties then
objected to this method of correcting the
typographical error and requested that
EPA address this error pursuant to
EPA’s authority under Clean Air Act
section 110(k)(6). EPA agreed to these
requests and published proposed action
pursuant to Clean Air Act section
110(k)(6) on February 7, 2014, at 79
FR 7412. EPA is currently evaluating
comments on the February 2014
E:\FR\FM\26JNP1.SGM
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Proposed Rules
proposal and will take final action upon
that proposal separately.
EPA believes that neither these events
nor any other events warrant any
alterations in the criteria for evaluation
of Ohio’s opacity rules or in the analysis
of Ohio’s June 4, 2003, submission.
Actions on other parts of OAC Chapter
3745–17 rules and actions pertinent to
revision of the cross reference in OAC
3745–17–03(A) and other provisions
related to air quality standards are not
pertinent to EPA’s proposed disapproval
of the revisions to the substantive
opacity provisions of OAC 3745–17–03.
EPA has not issued any revised
guidance or taken other action on issues
pertinent to its review of Ohio’s opacity
rule revisions. Therefore, EPA believes
that no new issues have arisen since its
June 27, 2005, proposed disapproval
and the associated comment period that
warrant consideration before EPA takes
final action on these rule revisions.
However, EPA is specifically soliciting
comment on whether any events
subsequent to the comment period on
the June 27, 2005, action should have
any impact on that proposed
disapproval, and if so how those events
should influence the appropriate
criteria.
II. What action is EPA taking?
EPA is soliciting comments on
whether any events which have
occurred, or any policy considerations
which have arisen, after the comment
period on EPA’s June 27, 2005,
proposed disapproval of revisions to
Ohio’s opacity rules in OAC 3745–17–
03 should be considered by EPA in
evaluating these rule revisions. EPA’s
proposed rulemaking of June 27, 2005,
solicited comments that could be made
at that time and EPA is not soliciting
resubmission of prior comments or
submission of additional comments that
could have been made at that time. EPA
is specifically soliciting only comments
that could not have been made at the
time of its prior proposed rulemaking
because they are based upon events or
policy considerations that arose
subsequent to that comment period.
pmangrum on DSK3VPTVN1PROD with PROPOSALS
III. 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.
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14:46 Jun 25, 2014
Jkt 232001
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.).
Regulatory Flexibility Act
This action merely proposes to
disapprove state law as not 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 proposes to
disapprove 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 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
proposes to disapprove a state rule, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act.
36279
April 23, 1997), because it proposes to
disapprove a state rule.
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).
National Technology Transfer
Advancement Act
In reviewing state 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 state submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
submission, to use VCS in place of a
state 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.
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: June 10, 2014.
Susan Hedman,
Regional Administrator, Region 5.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
[FR Doc. 2014–14831 Filed 6–25–14; 8:45 am]
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).
GENERAL SERVICES
ADMINISTRATION
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,
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BILLING CODE 6560–50–P
41 CFR Part 300–3
[FTR Case 2014–301; Docket No. 2014–
0012, Sequence 1]
RIN 3090–AJ44
Federal Travel Regulation (FTR);
Terms and Definitions for ‘‘Marriage,’’
‘‘Spouse,’’ and ‘‘Domestic
Partnership’’
Office of Government-wide
Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
AGENCY:
E:\FR\FM\26JNP1.SGM
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Agencies
[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Proposed Rules]
[Pages 36277-36279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14831]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-OH-0002; FRL-9912-60-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; supplemental.
-----------------------------------------------------------------------
SUMMARY: On June 27, 2005, the Environmental Protection Agency (EPA)
proposed action on particulate matter rule revisions that Ohio
submitted on June 4, 2003. While EPA subsequently took final action
with respect to provisions that it proposed to approve, EPA has not
taken final action with respect to provisions relating to opacity
limitations that EPA proposed to disapprove on June 27, 2005. EPA is
evaluating the public comments received in response to the proposed
disapproval published on June 27, 2005.
EPA believes that events subsequent to the publication of the
proposed disapproval and the associated comment period have not altered
the criteria for evaluating Ohio's rule revisions relating to opacity
and have not otherwise influenced whether the rule revisions should be
disapproved, as proposed. Nevertheless, given the passage of time, EPA
is soliciting supplemental comment specifically with respect to whether
events subsequent to the prior comment period should alter EPA's
proposed disapproval of Ohio's June 4, 2003, submission with respect to
SIP opacity
[[Page 36278]]
limitations. EPA is not soliciting comments on Ohio's submission or
EPA's proposed June 27, 2005, action on that submission, except to the
extent that events subsequent to the original comment period are
relevant to EPA's evaluation of the submission and EPA's proposed
action. This is not a re-opening of the original comment period, but
the opening of a supplemental comment period, as described further
below.
DATES: Comments must be received on or before July 28, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2005-OH-0002, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 692-2551.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance 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-
2005-OH-0002. 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 email. 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 email comment directly to EPA without going through
www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your 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 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, Attainment Planning and Maintenance 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:
I. Background
On June 4, 2003, Ohio submitted revisions to particulate matter
rules in the EPA approved SIP for the state, in Ohio Administrative
Code (OAC) Chapter 3745-17. These revisions included significant
revisions to Ohio's requirements regarding opacity limits applicable to
various sources, reflected in revisions to OAC 3745-17-03. Among other
changes, these revisions provided that sources meeting certain
criteria, including operating a continuous opacity monitoring system
(COMS) in compliance with pertinent data quality requirements, could
opt to demonstrate compliance by showing that the COMS data meet
modified opacity limits. The revisions also include various less
substantive updates, simplifications, and clarifications in other parts
of OAC 3745-17 that are unrelated to the applicable opacity standards.
EPA proposed action on these revisions to OAC 3745-17 on June 27,
2005, published at 70 FR 36901. EPA proposed to disapprove the
revisions in OAC 3745-17-03, finding that the revisions relaxed
applicable opacity requirements without any demonstration pursuant to
Clean Air Act section 110(l) that the relaxation does not interfere
with attainment or maintenance of the NAAQS or satisfaction of other
requirements. EPA proposed to approve most of the remaining revisions
that Ohio submitted. These remaining revisions were part of a
subsequently submitted and subsequently approved set of revisions, and
so these remaining revisions are not at issue here. EPA received
comments on the June 25, 2007, proposal from several commenters.
On September 10, 2009, Ohio submitted additional rule revisions
expressly intended to consolidate its air quality standards. These rule
revisions included an update to the cross reference in OAC 3745-17-
03(A), intended to clarify that the ambient monitoring methods given in
OAC 3745-17-01 were to be used to assess attainment with air quality
standards in a rule relocated from OAC 3745-17-02 to OAC 3745-25-02.
EPA published direct final action approving the air quality standards-
related revisions on October 26, 2010, at 75 FR 65572.
Unfortunately, EPA's October 2010 action on Ohio's September 2009
submission (addressing the state's air quality standards rules)
erroneously appeared to suggest that EPA was approving the entirety of
the substantive revisions to OAC 3745-17-03, even though the action
only addressed the revision to the cross reference in paragraph A and
not the other substantive provisions in OAC 3745-17-03 such as the
opacity-related provisions in OAC 3745-17-03(B). Upon finding this
error, EPA published action on April 3, 2013, at 78 FR 19990, to
correct this error pursuant to its authority under the Administrative
Procedures Act. Two parties then objected to this method of correcting
the typographical error and requested that EPA address this error
pursuant to EPA's authority under Clean Air Act section 110(k)(6). EPA
agreed to these requests and published proposed action pursuant to
Clean Air Act section 110(k)(6) on February 7, 2014, at 79 FR 7412. EPA
is currently evaluating comments on the February 2014
[[Page 36279]]
proposal and will take final action upon that proposal separately.
EPA believes that neither these events nor any other events warrant
any alterations in the criteria for evaluation of Ohio's opacity rules
or in the analysis of Ohio's June 4, 2003, submission. Actions on other
parts of OAC Chapter 3745-17 rules and actions pertinent to revision of
the cross reference in OAC 3745-17-03(A) and other provisions related
to air quality standards are not pertinent to EPA's proposed
disapproval of the revisions to the substantive opacity provisions of
OAC 3745-17-03. EPA has not issued any revised guidance or taken other
action on issues pertinent to its review of Ohio's opacity rule
revisions. Therefore, EPA believes that no new issues have arisen since
its June 27, 2005, proposed disapproval and the associated comment
period that warrant consideration before EPA takes final action on
these rule revisions. However, EPA is specifically soliciting comment
on whether any events subsequent to the comment period on the June 27,
2005, action should have any impact on that proposed disapproval, and
if so how those events should influence the appropriate criteria.
II. What action is EPA taking?
EPA is soliciting comments on whether any events which have
occurred, or any policy considerations which have arisen, after the
comment period on EPA's June 27, 2005, proposed disapproval of
revisions to Ohio's opacity rules in OAC 3745-17-03 should be
considered by EPA in evaluating these rule revisions. EPA's proposed
rulemaking of June 27, 2005, solicited comments that could be made at
that time and EPA is not soliciting resubmission of prior comments or
submission of additional comments that could have been made at that
time. EPA is specifically soliciting only comments that could not have
been made at the time of its prior proposed rulemaking because they are
based upon events or policy considerations that arose subsequent to
that comment period.
III. 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.
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.).
Regulatory Flexibility Act
This action merely proposes to disapprove state law as not 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 proposes to disapprove 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 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 proposes to disapprove a state rule, and
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.
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 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 proposes to disapprove a state rule.
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).
National Technology Transfer Advancement Act
In reviewing state 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 state submission for failure to use VCS. It would thus
be inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state 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.
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: June 10, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-14831 Filed 6-25-14; 8:45 am]
BILLING CODE 6560-50-P