[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Rules and Regulations]
[Pages 9644-9646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5737]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH89-1-7254a; FRL-5434-7]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: This document approves a State Implementation Plan (SIP)
revision for the State of Ohio for the general conformity rules. The
general conformity SIP revisions enable the State of Ohio to implement
and enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level. General
Conformity assures that federal actions conform to the State plan to
attain and maintain the public health based air quality standards. The
rationale for the approval and other information is provided in this
document.
DATES: This action is effective May 10, 1996 unless adverse comments
are received by April 10, 1996. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Copies of the SIP revision are available for inspection at
the following address: (It is recommended that you telephone Patricia
Morris at (312) 353-8656 before visiting the Region 5 Office.) United
States Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation
Development Section (AR-18J), Air Programs Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)
353-8656.
SUPPLEMENTARY INFORMATION:
I. Background
Conformity provisions first appeared in the Clean Air Act (CAA)
amendments of 1977 (Pub. L. 95-95). Although these provisions did not
define the term conformity, they provided that no Federal department
could engage in, support in any way or provide financial assistance
for, license or permit, or approve any activity which did not conform
to a SIP that has been approved or promulgated for the nonattainment or
maintenance areas.
The CAA Amendments of 1990 expanded the scope and content of the
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conformity provisions by defining conformity to an implementation plan.
Conformity is defined in Section 176(c) of the CAA as conformity to the
SIP's purpose of eliminating or reducing the severity and number of
violations of the National Ambient Air Quality Standards and achieving
expeditious attainment of such standards, and that such activities will
not: (1) Cause or contribute to any new violation of any standard in
any area, (2) increase the frequency or severity of any existing
violation of any standard in any area, or (3) delay timely attainment
of any standard or any required interim emission reductions or other
milestones in any area.
The CAA requires USEPA to promulgate criteria and procedures for
determining conformity of all other Federal actions in the
nonattainment or maintenance areas (actions other than those under
Title 23 U.S.C. or the Federal Transit Act ) to a SIP. The criteria and
procedures developed for this purpose are called ``general conformity''
rules. The actions under Title 23 U.S.C. or the Federal Transit Act
will be addressed in a separate Federal Register document. The USEPA
published the final general conformity rules in the November 30, 1993,
Federal Register and codified them at 40 CFR part 51, subpart W--
Determining Conformity of General Federal Actions to State or Federal
Implementation Plans. The general conformity rules require the States
and local air quality agencies (where applicable) to adopt and submit a
general conformity SIP revision to the USEPA not later than November
30, 1994.
II. Evaluation of State Submittal
Pursuant to the requirements under Section 176(c)(4)(C) of the CAA,
as amended November 15, 1990, the Ohio Environmental Protection Agency
(OEPA) submitted a State Implementation Plan (SIP) revision to the
USEPA on August 17, 1995. The submittal was found complete on October
5, 1995. In its submittal, the State adopted rules (Ohio Administrative
Code OAC 3745-102-01,-02,-03,-04,-05,-06,-07) which repeat verbatim the
USEPA general conformity rule (40 CFR Part 93 Subpart B) with only
minor clarifications. General conformity is required for all areas
which are designated nonattainment or maintenance for any of the six
National Ambient Air Quality Standard (NAAQS) criteria pollutants
(ozone, carbon monoxide, sulfer dioxide, nitrogen dioxide, lead, and
particulate matter).
The OEPA held a public hearing on the general conformity submittal
on May 25, 1995. No comments were received by OEPA during the public
comment period. Before the public comment period, the OEPA also mailed
a copy of the rules to government agencies located in Ohio which would
be affected by the rules and requested comments on the rules.
III. USEPA Action
The USEPA is approving the general conformity SIP revision for the
State of Ohio. The EPA has evaluated this SIP revision and has
determined that the State has fully adopted regulations which meet the
provisions of the Federal general conformity rules in accordance with
40 CFR Part 93 Subpart B. The appropriate public participation and
comprehensive interagency consultations have been undertaken during
development and adoption of this rule by the OEPA. As stated earlier,
the OEPA held a public hearing on the general conformity submittal on
May 25, 1995. No comments were received by OEPA during the public
comment period.
The USEPA considers this action noncontroversial and routine.
Therefore, we are approving it without prior proposal. This action will
become effective on May 10, 1996 unless USEPA receives adverse comments
by April 10, 1996. However, if USEPA receives adverse comments by April
10, 1996, USEPA will publish a document that withdraws this action.
IV. Miscellaneous
A. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from E.O. 12866 review.
C. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
This approval does not create any new requirements. Therefore, I
certify that this action does not have a significant impact on any
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids USEPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
E.P.A., 427 U.S. 246, 256-66 (1976).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany any
proposed or final rule that includes a Federal mandate that may result
in estimated costs to State, local, or tribal governments in the
aggregate; or to the private sector, of $100 million or more. Under
Section 205, the USEPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
D. Petitions for Judicial Review
Under Section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 10, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed and
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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, General conformity.
Dated: February 12, 1996.
David A. Ullrich,
Acting Regional Administrator.
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 7401-7671q.
Subpart KK--Ohio
2. Section 52.1870 is amended by adding paragraph (c) (107) to read
as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(107) Approval--On August 17, 1995, the Ohio Environmental
Protection Agency submitted a revision to the State Implementation Plan
for general conformity rules. The general conformity rules enable the
State of Ohio to implement and enforce the Federal general conformity
requirements in the nonattainment or maintenance areas at the State or
local level in accordance with 40 CFR part 93, subpart B--Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans.
(i) Incorporation by reference. August 1, 1995, Ohio Administrative
Code Chapter 3745-102, effective August 21, 1995.
[FR Doc. 96-5737 Filed 3-8-96; 8:45 am]
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