[Federal Register: March 21, 2008 (Volume 73, Number 56)]
[Rules and Regulations]
[Page 15081-15083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr08-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0879; FRL-8533-8]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Ohio State Implementation
Plan (SIP) under the Clean Air Act (CAA). On September 7, 2006, Ohio
requested approval of revisions to its open burning standards. In order
to clarify the open burning rules, Ohio added requirements for specific
types of burning that were previously not addressed. The state also
added or refined some of the definitions and slightly changed some of
the existing rules. The revisions were made to increase clarity of
Ohio's open burning rules. EPA finds that the revisions are consistent
with the CAA.
DATES: This direct final rule will be effective May 20, 2008, unless
EPA receives adverse comments by April 21, 2008. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0879, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office 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. EPA-R05-OAR-
2006-0879. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, 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 www.regulations.gov or e-mail.
The www.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 www.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 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.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Matt Rau, Environmental Engineer, at (312)
886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Is EPA Approving?
II. What Is the Background for This Action?
III. What Is EPA's Analysis of the State Submission?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews
I. What Is EPA Approving?
EPA is approving the Ohio SIP revisions submitted on September 7,
2006, which change its open burning standards. Standards for new open
burning purposes were added to Ohio Administrative Code (OAC) 3745-19.
The rules were added for emergency burning, recreational fires,
hazardous material disposal, and firefighting training. The conditions
under which open burning of storm debris is allowed are stated. A
definition for emergency burning was added. Minor revisions to some
other definitions and to notification requirements were made to enhance
clarity. Specifically, EPA is approving revisions to OAC 3745-19
Sections 1, 2, 3 (including Appendix), 4, and 5.
II. What Is the Background for this Action?
Ohio conducted a periodic review of its open burning standards, OAC
3745-19. The state determined that rewording portions of the rules and
adding language for new types of burning would clarify the rules.
Questions from the regulated community and field staff led to the
revisions. The standards the state added explicitly list the
requirements for each type of burning.
III. What Is EPA's Analysis of the State Submission?
Ohio made revisions to its open burning rules with the intent to
improve rule clarity. It added a definition of emergency burning that
lists six distinct disaster types. This sufficiently limits the types
of events that could lead to emergency burning. Ohio also declared the
conditions for special approvals for the open burning of storm debris.
The state also added requirements for new burning types. The new
requirements provide restrictions that are appropriate for the type of
burning being conducted. Requirements were added for recreational fires
such as campfires, emergency disposal of hazardous materials, fire
extinguisher training, fire department training burns, and for
emergency burning. The specific requirements for certain types of
burning clarify the standards that apply to those burns.
The emergency burning situations that do not need a permit or that
only
[[Page 15082]]
need oral permission are clearly stated. Under the rules, written
permission will follow oral permission, but the burning can proceed
prior to the written permission being issued. This allows for emergency
burning that protects public health and welfare to proceed without
unnecessary delay. The strict definition of emergency burning should
prevent an overly broad application of the emergency burning
provisions. The revised rules make it clear when a burning permit is
not required and what restrictions apply to several types of burning.
This should improve compliance and aid enforcement of Ohio's open
burning standards.
IV. What Action Is EPA Taking?
EPA is approving revisions to the Ohio SIP. The revisions were
submitted on September 7, 2006. Specifically, EPA is approving the
revisions to OAC Chapter 3745-19, Sections 1 through 5 including the
Section 3 Appendix. The changes to Ohio's open burning regulations were
made to increase the clarity of regulations particularly for select
types of burning. Specific regulations were added for emergency
burning, recreational fires, hazardous material disposal, and
firefighting training.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and do not anticipate adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective May 20, 2008
without further notice unless we receive relevant adverse written
comments by April 21, 2008. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective May 20, 2008.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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. EPA 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
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 May 20, 2008. 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
[[Page 15083]]
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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: February 15, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1870 is amended by adding paragraph (c)(143) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(143) On September 7, 2006, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-19, Rules 3745-19-01 through 3745-19-
05 including the 3754-19-03 Appendix. The revisions update Ohio's open
burning regulations. Ohio added requirements for specific types of
burning: emergency burning, recreational fires, hazardous material
disposal, and firefighting training. The State also added or refined
some of the definitions.
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745: Ohio Environmental
Protection Agency, Chapter 19: Open Burning Standards, Rule 3745-19-01:
Definitions, Rule 3745-19-02: Relations to Other Prohibitions, Rule
3745-19-03: Open Burning in Restricted Areas with Appendix ``Open
Burning of Storm Debris Conditions'', Rule 3745-19-04: Open Burning in
Unrestricted Areas, and Rule 3745-19-05: Permission to Individuals and
Notification to the Ohio EPA. The rules were effective on July 7, 2006.
(B) June 27, 2006, ``Director's Final Findings and Orders'', signed
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency,
adopting rules 3745-19-01, 3745-19-02, 3745-19-03, 3745-19-04, and
3745-19-05.
[FR Doc. E8-5667 Filed 3-20-08; 8:45 am]
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