[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Rules and Regulations]
[Pages 13787-13789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7131]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH112-1a; FRL-5976-9]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: USEPA is approving an August 1, 1997 requested revision to the 
Ohio State Implementation Plan (SIP) incorporating revised emission 
statement reporting requirements which were previously approved for the 
purpose of implementing an emissions statement program for stationary 
sources within the State's ozone nonattainment areas classified as 
marginal or above. In this action, USEPA is approving the State's 
finding that emission statement requirements are no longer applicable 
to areas redesignated as attaining the national ambient air quality 
standards (NAAQS) for ozone through a ``direct final'' rulemaking; the 
rationale for this approval is set forth below. Elsewhere in this 
Federal Register, USEPA is proposing approval and soliciting comment on 
this direct final action; should USEPA receive such comment, it will 
publish an action informing the public that this rule did not take 
effect; otherwise, no further rulemaking will occur on this requested 
SIP revision.

DATES: This final rule is effective May 22, 1998 unless written adverse 
comments not previously addressed by the State or USEPA are received by 
April 22, 1998. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois, 60604.
    Copies of the Ohio submittal are available for public review during 
normal business hours, between 8:00 a.m. and 4:30 p.m., at the above 
address.

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation 
Development Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604. 
Telephone: (312) 886-6036.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(a)(3)(B) of Title I of the Clean Air Act (CAA) requires 
states with areas designated nonattainment of the NAAQS for ozone to 
establish regulations for reporting of actual emissions by stationary 
sources that emit volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) in ozone nonattainment areas.
    On March 22, 1994, the State of Ohio submitted a SIP revision 
outlining a program to require emission statements from those 
stationary sources that emit more than 25 tons of VOCs or 
NOX per any calendar year and that are located in counties 
designated nonattainment for the NAAQS for ozone. The following twenty 
four counties were designated nonattainment for the NAAQS for ozone at 
the time of that submittal and stationary sources in those counties 
were required to submit emission

[[Page 13788]]

statements: Ashtabula, Butler, Clark, Clermont, Cuyahoga, Delaware, 
Franklin, Geauga, Greene, Hamilton, Lake, Licking, Lorain, Lucas, 
Mahoning, Medina, Miami, Montgomery, Portage, Stark, Summit, Turnbull, 
Warren and Wood counties. USEPA fully approved that requested SIP 
revision on October 13, 1994 (59 FR 51863). For a more detailed 
description of the Ohio emission statement program see Ohio 
Administrative Rule 3145-24-04, paragraphs (A) through (G), or the 
final rule listed above.
    Only four of the original 24 counties remain designated 
nonattainment of the NAAQS for ozone: Warren, Butler, Clermont, and 
Hamilton Counties in the Cincinnati-Hamilton nonattainment area. 
Consequently, on August 1, 1997, the State of Ohio submitted a request 
to USEPA to revise its SIP by modifying Ohio Administrative Code rule 
3745-24-02, entitled Applicability. The revision would delete the 
reporting requirements for the counties in areas redesignated from 
nonattainment to attainment of the NAAQS for ozone. The revision also 
deletes the requirement to submit an emissions statement for the 
calendar year in which an area is redesignated to attainment.

II. Summary of State Submittals and Previous USEPA Rulemakings

    Discussions of the State of Ohio submittals concerning emission 
statement requirements and USEPA's rulemakings concerning redesignation 
of areas in Ohio can be found in the September 29, 1997 Technical 
Support Document which is available from the Region 5 address above.

III. Revised Emission Statement Requirements

    Approval of this requested SIP submittal will delete the emissions 
statement reporting requirements for sources located in areas 
redesignated from nonattainment to attainment for the NAAQS for ozone. 
The exemptions from the emission statement reporting requirements would 
be effective upon redesignation. Approval of the State's request would 
also remove these newly redesignated areas from the applicability 
section of the Ohio Administrative Code, Section 3745-24-02.
    Specifically, the old rule required sources in the Toledo and 
Dayton areas (all redesignated to attainment in 1995), Cleveland-Akron-
Lorain, Columbus, Canton and Youngstown areas (all redesignated to 
attainment in calender year 1996) to submit emissions statements by 
November 15, 1997, providing their VOC and NOX emissions for 
1996. Under the new rule, these sources would not have to report their 
emissions for 1996 and later years.
    The USEPA approval of the State's request would reduce the number 
of counties subject to the emission statement reporting requirements 
from 24 to 4. Sources in Butler, Clermont, Hamilton and Warren Counties 
all located in the Cincinnati-Hamilton ozone nonattainment area would 
still be required to submit emission statements.

IV. Rationale for Approval

    The following counties in Ohio have been redesignated to attainment 
for the NAAQS for ozone: Ashtabula, Clark, Cuyahoga, Delaware, 
Franklin, Geauga, Greene, Lake, Licking, Lorain, Lucas, Mahoning, 
Medina, Miami, Montgomery, Portage, Stark, Summit, Trumbull, and Wood 
counties. Section 182 (a)(3)(B) of title I of the CAA only requires 
States to establish regulations for the reporting of actual emissions 
by stationary sources that emit VOCs and NOX in ozone 
nonattainment areas. Therefore, USEPA is approving the SIP revision 
request from the State of Ohio to delete the reporting requirements for 
sources in those areas which have been redesignated to attainment of 
the NAAQS for ozone and to remove the provision in the rules that 
extends the emissions reporting requirements for the calender year in 
which they are redesignated.

V. USEPA Rulemaking Action

    USEPA is approving, through final rulemaking action, a revision to 
the Ohio State Implementation Plan limiting emission statement 
reporting requirements to stationary sources located within the State's 
marginal and above ozone nonattainment areas.
    USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the USEPA is proposing to approve the SIP 
revision should specified written adverse comments be filed.
    This rule will become effective without further notice unless USEPA 
receives relevant adverse written comment on the parallel proposed rule 
(published in the proposed rules section of this Federal Register) by 
April 22, 1998. Should USEPA receive such comments, it will publish a 
final rule informing the public that this rule did not take effect. Any 
party interested in commenting on this action should do so at this 
time.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. 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.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, the Administrator 
certifies that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the CAA preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The CAA forbids USEPA to base its actions concerning SIPs 
on such grounds. Union Electric Co. v. EPA., 427 U.S. 246, 256-66 
(1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, USEPA must undertake various actions 
in association with 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. This Federal action approves pre-existing requirements under 
State law, and imposes no new requirements. Accordingly, no additional 
costs to state, local, or tribal governments, or the private sector, 
result from this action.

[[Page 13789]]

D. Audit Privilege and Immunity Law

    Nothing in this action should be construed as making any 
determination or expressing any position regarding Ohio's audit 
privilege and immunity law (Sections 3745.70-3745.73 of the Ohio 
Revised Code). The USEPA will be reviewing the effect of the Ohio audit 
privilege and immunity law on various Ohio environmental programs, 
including those under the CAA. The USEPA will take appropriate 
action(s), if any, after thorough analysis and opportunity for Ohio to 
state and explain its views and positions on the issues raised by the 
law. The action taken herein does not express or imply any viewpoint on 
the question of whether there are legal deficiencies in this or any 
Ohio CAA program resulting from the effect of the audit privilege and 
immunity law. As a consequence of the review process, the regulations 
subject to the action taken herein may be disapproved, Federal approval 
for the CAA program under which they are implemented may be withdrawn, 
or other appropriate action may be taken, as necessary.

E. Submission to Congress and the Comptroller General

    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. USEPA will submit 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 United States prior 
to the publication of the rule in the Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

F. Petitions for Judicial Review

    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 22, 1998. 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 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 20, 1998.
Michelle D. Jordan,
Acting Regional Administrator, Region V.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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

    2. Section 52.1870 is amended by adding paragraph (c)(117) to read 
as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (117) On August 1, 1997 the Ohio Environmental Protection Agency 
submitted a requested revision to the Ohio State Implementation Plan. 
This revision constituted amendments to the emissions statement 
reporting regulations approved on October 13, 1994 and codified in 
paragraph (c)(100) of this section. The revision is intended to limit 
the applicability of these rules to stationary sources located within 
the State's marginal and above ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-24-02 Applicability. 
Effective July 31, 1997.

[FR Doc. 98-7131 Filed 3-20-98; 8:45 am]
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