[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Proposed Rules]
[Pages 43370-43371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16334]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-OH-0001; FRL-7789-3]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve Ohio's submittal of a revision 
to the Ohio portion of the Cincinnati 1-Hour ozone maintenance plan 
under the Clean Air Act. Ohio held a public hearing on the submittal on 
March 30, 2004. This maintenance plan revision establishes a new 
transportation conformity motor vehicle emissions budget (MVEB) for the 
area for the year 2010. EPA is approving the allocation of a portion of 
the safety margin for oxides of nitrogen (NOX) to the area's 
2010 MVEB for transportation conformity purposes. This allocation will 
still maintain the total emissions for the area at or below the 
attainment level required by the transportation conformity regulations. 
The transportation conformity budget for volatile organic compounds 
will remain the same as previously approved in the maintenance plan.
    In the final rules section of this Federal Register, EPA is 
approving the SIP revision as a direct final rule without prior 
proposal, because EPA views this as a noncontroversial revision and 
anticipate no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to this proposed rule, no further activity is 
contemplated in relation to this proposed rule. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time.

DATES: Written comments must be received on or before August 19, 2004.

ADDRESSES: Submit comments, identified by Docket ID No. R05-OAR-2004-
OH-0001 by one of the following methods: Federal eRulemaking Portal: 
http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    E-mail: [email protected].
    Fax: (312)886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 
60604. Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. R05-OAR-1994-
OH-0001. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov, or 
e-mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA

[[Page 43371]]

recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If EPA 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Publicly available docket materials are available either 
electronically in EDOCKET or in hard copy at Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. (We recommend that you telephone 
Patricia Morris, Environmental Scientist, at (312) 353-8656 before 
visiting the Region 5 office.) This Facility is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312)353-8656. [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply to Me?

    No, this action is rulemaking on a non-regulatory planning document 
intended to ensure the maintenance of air quality in the Cincinnati 
Area.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Additional Information

    For additional information, see the Direct Final Rule which is 
located in the Rules section of this Federal Register. Copies of the 
request and the EPA's analysis are available electronically at EDOCKET 
or in hard copy at the above address. (Please telephone Patricia Morris 
at (312) 353-8656 before visiting the Region 5 Office.)

    Dated: July 8, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 04-16334 Filed 7-19-04; 8:45 am]
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