[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35535-35536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17115]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH103-2; FRL-6116-9]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This document contains corrections to a final rule published
on March 30, 1998, which approved sulfur dioxide emission limits for
the Sun Oil Company located in Lucas County, Ohio.
EFFECTIVE DATE: June 30, 1998.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, at (312) 886-6036.
SUPPLEMENTARY INFORMATION: On March 30, 1998 (63 FR 15091), EPA
approved the Ohio Environmental Protection Agency's December 9, 1996
request to incorporate site specific sulfur dioxide emission limits for
the Sun Oil facility located in Lucas County, Ohio into the Ohio State
Implementation Plan. Two errors were made in codifying EPA's approval.
Specifically, EPA intended to delete the existing references to this
Sun Oil facility at 40 CFR 52.1881(a)(4) and (8). Unfortunately the
references to this Sun Oil facility were not removed from Secs. 52.1881
(a)(4) and (8) when these paragraphs were published beginning at the
bottom of the third column on page 15093 and finishing in the second
column on page 15094. An additional error identified in paragraph
(a)(4) is that Bergstrom Paper is erroneously listed twice as an
exception to EPA's approval of the sulfur dioxide emission limits for
Montgomery County. This technical correction removes the Sun Oil
references at 40 CFR 52.1881(a)(4) and (8) and the duplicate Bergstrom
Paper entry at paragraph(a)(4).
Need for Correction
The failure to remove references to Sun Oil Company's Lucas County
facility from Secs. 52.1881(a)(4) and (8) incorrectly indicates that
this facility is not subject to the requirements contained in these
paragraphs. The deletion of the duplicate Bergstrom Paper entry will
clarify the Montgomery County codification. EPA is publishing this
action to correct these errors.
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. This action which merely
corrects codification errors made in EPA's approval of a sulfur dioxide
emission limit for Sun Oil's Lucas County facility and a similar
typographical error is too minor to be of interest to the general
public. Holding a public comment period on this action is unnecessary.
The thirty day delay of the effective date of this action generally
required by the APA is unwarranted in that it does not serve the public
interest to unnecessarily delay the effective date of this action.
[[Page 35536]]
A. Executive Order 12866
Under Executive Order 12866, this action is not a ``significant
regulatory action'' and is therefore not subject to review by the
Office of Management and Budget. In addition this action does not
impose annual costs of $100 million or more, will not significantly or
uniquely affect small governments, and is not a significant Federal
intergovernmental mandate. The EPA thus has no obligations under
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act.
Moreover, since this action is not subject to notice-and-comment
requirements under the APA or any other statute, it is not subject to
sections 603 or 604 of the Regulatory Flexibility Act.
B. Children's Health Protection
This rule is not subject to E.O. 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it does not involve decisions on
environmental health risks or safety risks that may disproportionately
affect children.
C. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1966, generally
provides that before a rule may take affect, 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. However, section 808 provides that any rule for which
the issuing agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefor in the rule) that notice and
public procedure thereon are impracticable, unnecessary or contrary to
the public interest, shall take effect at such time as the agency
promulgating the rule determines. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of June 30, 1998.
The 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
this rule in the Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Sulfur dioxide.
Dated: June 18, 1998.
Gail C. Ginsberg,
Acting Regional Administrator.
For the reasons stated in the preamble, Sec. 52.1881 of part 52,
chapter I, title 40 of the Code of Federal Regulations published at 63
FR15091 March 30, 1998, is corrected 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 52.1881 is amended by correcting paragraphs (a)(4) and
(a)(8) to read as follows:
Sec. 52.1881 Control strategy: Sulfur dioxide.
(a) * * *
(4) Approval--EPA approves the sulfur dioxide emission limits for
the following counties: Adams County (except Dayton Power & Light--
Stuart), Allen County (except Cairo Chemical), Ashland County,
Ashtabula County, Athens County, Auglaize County, Belmont County, Brown
County, Carroll County, Champaign County, Clark County, Clermont
County, (except Cincinnati Gas & Electric--Beckjord), Clinton County,
Columbiana County, Coshocton County (except Columbus & Southern Ohio
Electric--Conesville), Crawford County, Darke County, Defiance County,
Delaware County, Erie County, Fairfield County, Fayette County, Fulton
County, Gallia County, (except Ohio Valley Electric Company--Kyger
Creek and Ohio Power--Gavin), Geauga County, Greene County, Guernsey
County, Hamilton County, Hancock County, Hardin County, Harrison
County, Henry County, Highland County, Hocking County, Holmes County,
Huron County, Jackson County, Jefferson County, Knox County, Lake
County (except Ohio Rubber, Cleveland Electric Illuminating Company--
Eastlake, and Painesville Municipal Boiler #5), Lawrence County (except
Allied Chemical--South Point), Licking County, Logan County, Lorain
County (except Ohio Edison--Edgewater, Cleveland Electric Illuminating
Company--Avon Lake, U.S. Steel--Lorain, and B.F. Goodrich), Lucas
County (except Gulf Oil Company, Coulton Chemical Company, and Phillips
Chemical Company), Madison County, Marion County, Medina County, Meigs
County, Mercer County, Miami County, Monroe County, Morgan County,
Montgomery County (except Bergstrom Paper and Miami Paper), Morrow
County, Muskingum County, Noble County, Ottawa County, Paulding County,
Perry County, Pickaway County, Pike County (except Portsmouth Gaseous
Diffusion Plant), Portage County, Preble County, Putnam County,
Richland County, Ross County (except Mead Corporation), Sandusky County
(except Martin Marietta Chemicals), Scioto County, Seneca County,
Shelby County, Trumbull County, Tuscarawas County, Union County, Van
Wert County, Vinton County, Warren County, Washington County (except
Shell Chemical Company), Wayne County, Williams County, Wood County
(except Libbey--Owens--Ford Plants Nos. 4 and 8 and No. 6), and Wyandot
County.
* * * * *
(8) No Action--EPA is neither approving nor disapproving the
emission limitations for the following counties or sources pending
further review: Adams County (Dayton Power & Light-Stuart), Allen
County (Cairo Chemical), Butler County, Clermont County (Cincinnati Gas
& Electric--Beckjord), Coshocton County (Columbus & Southern Ohio
Electric--Conesville), Cuyahoga County, Franklin County, Gallia County
(Ohio Valley Electric Company--Kyger Creek and Ohio Power--Gavin), Lake
County (Ohio Rubber, Cleveland Electric Illuminating Company--Eastlake,
and Painesville Municipal--Boiler #5), Lawrence County (Allied
Chemical--South Point), Lorain County (Ohio Edison--Edgewater Plant,
Cleveland Electric Illuminating Company--Avon Lake, U.S. Steel--Lorain,
and B.F. Goodrich), Lucas County (Gulf Oil Company, Coulton Chemical
Company, and Phillips Chemical Company), Mahoning County, Montgomery
County (Bergstrom Paper and Miami Paper), Pike County (Portsmouth
Gaseous Diffusion Plant), Stark County, Washington County (Shell
Chemical Company), and Wood County (Libbey--Owens--Ford Plants Nos. 4
and 8 and No. 6).
* * * * *
[FR Doc. 98-17115 Filed 6-29-98; 8:45 am]
BILLING CODE 6560-50-P