Beruflich Dokumente
Kultur Dokumente
Part V
Environmental
Protection Agency
40 CFR Parts 52 and 81
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Ohio;
Redesignation of Washington County to
Attainment of the 8-Hour Ozone
Standard; Final Rule
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27652 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations
documents in the docket are listed on data for the period of 2003 through for Washington County (such approval
the www.regulations.gov Web site. 2005, indicating the 8-hour NAAQS for being one of the CAA criteria for
Although listed in the index, some ozone had been achieved. The data redesignation to attainment status). The
information is not publicly available, satisfy the CAA requirements for maintenance plan is designed, in
i.e., Confidential Business Information attainment when the 3-year average of conjunction with the maintenance plan
(CBI) or other information whose the annual fourth-highest daily developed by West Virginia, to keep the
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Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 27653
Parkersburg-Marietta WV–OH area in by state law, it does not contain any geographical area but does not impose
attainment for ozone through 2018. unfunded mandate or significantly or any new requirements on sources. Thus,
Because Ohio has met these and other uniquely affect small governments, as the requirements of section 12(d) of the
prerequisites for redesignation, EPA is described in the Unfunded Mandates National Technology Transfer and
approving the State’s request to change Reform Act of 1995 (Pub. L. 104–4). Advancement Act of 1995 (15 U.S.C.
the legal designation of Washington 272 note) do not apply.
Executive Order 13175: Consultation
County from nonattainment to
and Coordination With Indian Tribal Paperwork Reduction Act
attainment for the 8-hour ozone
NAAQS. In addition, and supported by Governments
and consistent with the ozone This rule also does not have tribal This rule does not impose an
maintenance plan, EPA is approving the implications because it will not have a information collection burden under the
2018 volatile organic compound (VOC) substantial direct effect on one or more provisions of the Paperwork Reduction
and oxides of nitrogen (NOX) MVEBs for Indian tribes, on the relationship Act of 1995 (44 U.S.C. 3501 et seq.).
transportation conformity purposes. The between the Federal Government and Congressional Review Act
2018 MVEBs for Washington County, Indian tribes, or on the distribution of
Ohio are 1.67 tons per day for VOC and power and responsibilities between the The Congressional Review Act, 5
1.76 tons per day for NOX. West Virginia Federal Government and Indian tribes, U.S.C. 801 et seq., as added by the Small
develops MVEBs for its portion of the as specified by Executive Order 13175 Business Regulatory Enforcement
area. (65 FR 67249, November 9, 2000). Fairness Act of 1996, generally provides
IV. Statutory and Executive Order Executive Order 13132: Federalism that before a rule may take effect, the
Review agency promulgating the rule must
This action also does not have
Federalism implications because it does submit a rule report, which includes a
Executive Order 12866: Regulatory copy of the rule, to each House of the
Planning and Review not have substantial direct effects on the
states, on the relationship between the Congress and to the Comptroller General
Under Executive Order 12866 (58 FR of the United States. EPA will submit a
national government and the states, or
51735, October 4, 1993), this action is report containing this rule and other
on the distribution of power and
not a ‘‘significant regulatory action’’ required information to the U.S. Senate,
responsibilities among the various
and, therefore, is not subject to review the U.S. House of Representatives, and
by the Office of Management and levels of government, as specified in
Executive Order 13132 (64 FR 43255, the Comptroller General of the Untied
Budget.
August 10, 1999). Redesignation is an States prior to publication of the rule in
Executive Order 13211: Actions action that merely affects the status of the Federal Register. A major rule
Concerning Regulations That a geographical area, and does not cannot take effect until 60 days after it
Significantly Affect Energy Supply, impose any new requirements on is published in the Federal Register.
Distribution, or Use sources, or allows a state to avoid This action is not a ‘‘major rule’’ as
Because it is not a ‘‘significant adopting or implementing additional defined by 5 U.S.C. 804(2).
regulatory action’’ under Executive requirements, and does not alter the Under Section 307(b)(1) of the Clean
Order 12866 or a ‘‘significant energy relationship or distribution of power Air Act, petitions for judicial review of
action,’’ this action is also not subject to and responsibilities established in the
this action must be filed in the United
Executive order 13211, ‘‘Actions Clean Air Act.
States Court of Appeals for the
Concerning Regulations That Executive Order 13045: Protection of appropriate circuit by July 16, 2007.
Significantly Affect Energy Supply, Children From Environmental Health Filing a petition for reconsideration by
Distribution, or Use’’ (66 FR 28355, May and Safety Risks the Administrator of this final rule does
22, 2001).
This rule also is not subject to not affect the finality of this rule for the
Regulatory Flexibility Act Executive Order 13045 ‘‘Protection of purposes of judicial review, nor does it
This action merely approves state law Children from Environmental Health extend the time within which a petition
as meeting Federal requirements and Risks and Safety Risks’’ (62 FR 19885, for judicial review may be filed, and
imposes no additional requirements April 23, 1997), because it approves as shall not postpone the effectiveness of
beyond those imposed by state law. state rule implementing a Federal such rule or action. This action may not
Redesignation of an area to attainment Standard. be challenged later in proceedings to
under section 107(d)(3)(E) of the Clean National Technology Transfer force its requirements. (See Section
Air Act does not impose any new Advancement Act 307(b)(2).)
requirements on small entities.
Redesignation is an action that affects In reviewing SIP submissions, EPA’s List of Subjects
the status of a geographical area and role is to approve state choices,
provided that they meet the criteria of 40 CFR Part 52
does not impose any new regulatory
requirements on sources. Accordingly, the Clean Air Act. In this context, in the Environmental protection, Air
the Administrator certifies that this rule absence of a prior existing requirement pollution control, Intergovernmental
will not have a significant economic for the state to use voluntary consensus relations, Nitrogen dioxide, Ozone,
impact on a substantial number of small standards (VCS), EPA has no authority Particulate matter, Volatile organic
entities under the Regulatory Flexibility to disapprove a SIP submission for compounds.
Act (5 U.S.C. 601 et seq.). failure to use VCS. It would thus be
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27654 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations
* * * * * * *
Parkersburg-Marietta, WV-OH: Washington 6/15/07 ............................... Attainment.
County.
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
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