[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Rules and Regulations]
[Pages 36585-36587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH115-2; FRL-6120-7]


Approval and Promulgation of Maintenance Plan Revisions; Ohio

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
finalizing a May 21, 1998, proposal to approve an Ohio State 
Implementation Plan (SIP) revision to remove the air quality triggers 
from each of the following Ohio maintenance area contingency plans: 
Canton (Stark County), Cleveland (Lorain, Cuyahoga, Lake, Ashtabula, 
Geauga, Medina, Summit and Portage Counties), Columbus (Franklin, 
Delaware and Licking Counties), Steubenville (Jefferson County), Toledo 
(Lucas and Wood Counties), Youngstown (Mahoning and Trumbull Counties) 
as well as Clinton County, Columbiana County and Preble County.

EFFECTIVE DATE: This action will be effective on July 7, 1998.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection during normal business hours at the following 
location:

[[Page 36586]]

Regulation Development Section, Air Programs Branch, (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois, 60604. Please contact Scott Hamilton at (312) 353-
4775 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Scott Hamilton, Environmental 
Scientist, Regulation Development Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4775.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 21, 1998, USEPA published a proposed rule proposing to 
approve an April 27, 1998, request from Ohio to remove the air quality 
triggers from contingency plans in the Ohio areas subject to the first 
round of one hour ozone standard revocations. The areas subject to the 
first round of revocations attained the one hour ozone standard based 
on air monitoring data from 1994-1996. The May 21, 1998, proposal 
solicited written comments from May 21, 1998 to June 22, 1998. No 
comments were received regarding this proposal.
    On June 5, 1998, a final rulemaking was published revoking the one 
hour ozone standard for the following Ohio maintenance areas (63 FR 
31013): Canton (Stark County), Cleveland (Lorain, Cuyahoga, Lake, 
Ashtabula, Geauga, Medina, Summit and Portage Counties), Columbus 
(Franklin, Delaware and Licking Counties), Steubenville (Jefferson 
County), Toledo (Lucas and Wood Counties), Youngstown (Mahoning and 
Trumbull Counties) as well as Clinton County, Columbiana County and 
Preble County.

II. Response to Public Comments

    The public comment period on USEPA's proposal to approve Ohio's 
request ended on June 22, 1998. No public comments were received on 
USEPA's proposed approval.

III. USEPA Final Action

    USEPA is approving in final the maintenance plan revisions to 
remove the air quality triggers in the Ohio ozone maintenance areas 
listed in the Summary section of this document.
    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.

IV. Administrative Procedure Act

    This action will be effective immediately upon publication in the 
Federal Register pursuant to the Administrative Procedure Act, 5 U.S.C. 
553(d)(1) and (3) (APA) for good cause. A delayed effective date is 
unnecessary due to the nature of this action, which removes certain SIP 
measures related to the 1-hour ozone standard, which has been revoked. 
The thirty day delay of the effective date of this action generally 
required by the Administrative Procedure Act is unwarranted in that it 
does not serve the public interest to unnecessarily delay the effective 
date of this action.

V. Administrative Requirements

(A) Executive Order 12866

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

(B) Executive Order 13045

    This rule is not subject to Executive Order 13045, titled 
``Protection of Children's Health from Environmental Health Risks and 
Safety Risks,'' because it is not an ``economically significant'' 
action under Executive Order 12866.

(C) Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids USEPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

(D) 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 the removal of pre-existing 
requirements under state or local law, and imposes no new requirements. 
Accordingly, no additional costs to state, local, or tribal 
governments, or the private sector, result from this action.

(E) 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). USEPA will be reviewing the effect of the Ohio audit 
privilege and immunity law on various Ohio environmental programs, 
including those under the Clean Air Act, and taking 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 Clean Air Act 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 Clean Air Act program under which they are 
implemented may be withdrawn, or other appropriate action may be taken, 
as necessary.

(F) Congressional Review Act

    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 publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

[[Page 36587]]

(G) Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 8, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for 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)).

VI. List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Nitrogen oxides, Implementation 
plans.

    Dated: June 25, 1998.
William E. Muno,
Acting Regional Administrator.

    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 52.1885 is amended by adding paragraph (a)(8) to read as 
follows:


Sec. 52.1885  Control Strategy: Ozone

    (a) * * *
    (8) Approval--On April 27, 1998, Ohio submitted a revision to 
remove the air quality triggers from the ozone maintenance plans for 
the following areas in Ohio: Canton (Stark County), Cleveland (Lorain, 
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage 
Counties), Columbus (Franklin, Delaware and Licking Counties), 
Steubenville (Jefferson County), Toledo (Lucas and Wood Counties), 
Youngstown (Mahoning and Trumbull Counties) as well as Clinton County, 
Columbiana County, and Preble County.

[FR Doc. 98-17972 Filed 7-6-98; 8:45 am]
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