[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10463-10464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5620]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[OH54-2; FRL-5698-4]


Designation of Areas for Air Quality Planning Purposes: Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: EPA is correcting the ozone designation for Montgomery County, 
Ohio to attainment. The designation status was not correctly printed in 
40 CFR 81.336. EPA published a final rule designating Montgomery, 
Greene, Miami and Clark Counties, Ohio nonattainment for ozone, see 43 
FR 8962 (March 3,1978), 43 FR 45993 (October 5, 1978), and the Code of 
Federal Regulations, 40 CFR part 81. On November 6, 1991 (56 FR 56694), 
codified at 40 CFR 81.336, the above areas were classified as moderate 
nonattainment for ozone. More recently, on May 5, 1995 (60 FR 22289) 
EPA redesignated the above areas to attainment for ozone due to ambient 
air monitoring data showing no violations of the ozone National Ambient 
Air Quality Standards during the period from 1990 through 1992. The 
designation became effective on July 5, 1995. Inadvertently, however, 
the revised Montgomery County, Ohio ozone designation status was not 
correctly printed in 40 CFR 81.336, as intended by the May 5, 1995, 
Federal Register action. It is being corrected in this rule.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT: Fayette Bright, Air Programs Branch, 
Regulation Development Section (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604. 
(312)886-6069.

SUPPLEMENTARY INFORMATION: Under Executive Order 12866 (58 FR 51735, 
October 4, 1993), this action is not a ``significant regulatory 
action'' and, is therefore not subject to review by the Office of 
Management and Budget. In addition, this action does not impose any 
enforceable duty or contain any unfunded mandate as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), or require prior 
consultation with State officials as specified by Executive Order 
112875 (58 FR 58093, October 28, 1993), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994).

[[Page 10464]]

    Because EPA is not taking comment on this correction, it is 
therefore not subject to the provisions of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a major rule as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Ozone.

    Dated: February 7, 1997.
Michelle D. Jordan,
Acting Regional Administrator.

    Accordingly, part 81, chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 81.336 amended by revising the entry for Montgomery 
County in the table entitled ``Ohio Ozone'' to read as follows:


Sec. 81.336  Ohio

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                                                   Ohio--Ozone                                                  
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                                                     Designation                              Classification    
       Designated area        ----------------------------------------------------------------------------------
                                           Date                        Type                 Date         Type   
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Dayton-Springfield Area:                                                                                        
            *    *    *    *                                                                                    
    *                                                                                                           
    Montgomery County........  July 5, 1995...............  Attainment                                          
            *    *    *    *                                                                                    
    *                                                                                                           
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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[FR Doc. 97-5620 Filed 3-6-97; 8:45 am]
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