[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 

[[Page 9645]]
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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