[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Pages 8591-8592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4259]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OH156-1; FRL-7453-5]


Response To Petition To Withdraw Approval, Delegation, and 
Authorization To Administer Federal Environmental Programs; OH

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

-----------------------------------------------------------------------

SUMMARY: In 1997, the Ohio Citizen Action, the Ohio Environmental 
Council, Rivers Unlimited, and the Ohio Sierra Club submitted a 
petition requesting EPA to withdraw approval, delegation, or 
authorization from the State of Ohio to administer certain air, water, 
and waste Federal environmental programs based on the Ohio 
Environmental Audit Privilege and Immunity Law. The petitioners 
supplemented and amended the petition in 1998, 1999, and 2000 
requesting EPA to review Ohio's implementation of certain air, water, 
and waste programs. EPA is denying the petition because EPA did not 
find sufficient evidence to justify withdrawal or revocation of the 
programs covered by the petition.

DATES: Under section 307(b) of the Clean Air Act, petitions for 
judicial review of today's action denying the petition to withdraw or 
revoke Clean Air Act programs may be filed in the United States Court 
of Appeals for the appropriate circuit on or before April 25, 2003.

FOR FURTHER INFORMATION CONTACT: Maria Gonzalez, Environmental 
Protection Agency, Region 5, 77 W. Jackson Boulevard (C14-J), Chicago, 
Illinois 60604, phone number (312) 886-6630.

SUPPLEMENTARY INFORMATION: In 1997, the Ohio Citizen Action, the Ohio 
Environmental Council (which was later replaced by the Ohio Public 
Interest Research Group), Rivers Unlimited, and the Ohio Sierra Club, 
submitted a petition requesting EPA to withdraw approval, delegation, 
or authorization from the State of Ohio to administer certain federal 
environmental programs. The petition initially requested EPA to 
withdraw or revoke certain air, water, and waste environmental programs 
based on the Ohio Environmental Audit Privilege and Immunity Law (the 
Audit Law). Petitioners supplemented and amended the petition on 
September 18, 1998, August 4, 1999, and January 27, 2000, to add 
allegations about how the Ohio Environmental Protection Agency (Ohio 
EPA) was implementing the Resource Conservation and Recovery Act 
hazardous waste program and solid waste permit program; the Clean Water 
Act National Pollutant Discharge Elimination System (NPDES) program; 
and the Clean Air Act Standards of Performance for New Stationary 
Sources (NSPS), New Source Review (NSR), Prevention of Significant 
Deterioration (PSD), non-compliance penalties, and Title V programs.

[[Page 8592]]

    On December 21, 2000, EPA denied the Audit Law component of the 
petition, but continued its review of Ohio EPA's implementation of the 
programs covered by the amended and supplemented petition.
    Because the petition seeks withdrawal or revocation of programs, 
the focus of our review was whether it is appropriate to initiate 
withdrawal or revocation proceedings based on the withdrawal criteria 
for each of the affected programs. The Clean Air Act, Clean Water Act, 
and Resource Conservation and Recovery Act and their implementing 
regulations set forth the withdrawal or revocation criteria for 
programs authorized, delegated or approved pursuant to these acts. EPA 
reviewed Ohio EPA's implementation of each program based on the 
criteria for that program.
    Beginning in January of 2000, EPA Region 5 staff conducted reviews 
of Ohio's environmental programs covered by the petition. EPA staff 
visited Ohio EPA district and central offices, the Ohio Attorney 
General's Office and local air agencies; interviewed employees; and 
reviewed files. EPA staff also reviewed the affidavits submitted by the 
petitioners in July and August of 2000. EPA reviewed how Ohio EPA 
implemented the affected programs during the period from 1995 to 2000.
    On September 4, 2001, EPA Region 5 made public a preliminary 
report, dated August 30, 2001, entitled ``Draft Report on U.S. EPA 
Review of Ohio Environmental Programs'' (Draft Report) summarizing the 
petitioners' allegations and setting forth its preliminary findings 
with respect to the requests to withdraw or revoke the eight 
environmental programs. EPA held two public meetings in Columbus, Ohio 
on November 13, 2001, to answer questions and take comments on the 
report. EPA accepted comments from the public until January 14, 2002.
    The Draft Report also made recommendations that, if implemented, 
would alleviate concerns related to the withdrawal criteria and obviate 
the need for further review. EPA followed up with Ohio EPA on the 
recommendations made in the Draft Report. Ohio EPA has taken steps in 
each program that should benefit its implementation of those programs.
    A final report and background documents which detail EPA's findings 
with respect to each allegation in the petition for each program, along 
with a responsiveness summary that responds to the comments made at the 
public meeting and during the comment period are at the following EPA 
Web site: http://www.epa.gov/region5/ohioreview. You may also access 
this information at the following repositories located in Ohio: Public 
Library of Cincinnati & Hamilton County, 800 Vine Street, Cincinnati; 
Public Library of Youngstown & Mahoning County, 305 Wick Avenue, 
Youngstown; Columbus Metropolitan Library, 96 South Grant Avenue, 
Columbus; Toledo-Lucas County Public Library, 325 Michigan Street, 
Toledo; Briggs Lawrence County Public Library, 321 South Fourth Street, 
Ironton; Cleveland Public Library, 325 Superior Avenue, Cleveland; 
State of Ohio Senate, Senate Building, Energy, Natural Resources & 
Environment, Room 143, First Floor, Columbus; Dayton & Montgomery 
County Public Library, 215 East Third Street, Dayton; Washington County 
Public Library, 615 Fifth Street, Marietta; Dover Public Library, 525 
North Walnut Street, Dover; State of Ohio House of Representatives, 
Environmental Committee, 77 South High Street, 13th Floor, Columbus.
    As discussed in detail in the final report and background 
documents, EPA did not find sufficient evidence to justify withdrawal 
or revocation of the programs covered by the petition. Therefore, EPA 
denied the petition to withdraw or revoke its approval, delegation, or 
authorization from the State of Ohio to administer certain Clean Air 
Act, Clean Water Act, and Resource Conservation and Recovery Act 
environmental programs by letter dated February 7, 2003.

    Dated: February 7, 2003.
Thomas V. Skinner,
Regional Administrator, Region 5.
[FR Doc. 03-4259 Filed 2-21-03; 8:45 am]
BILLING CODE 6560-50-P