FEDERAL REGISTER
Vol. 62, No. 45
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Part 81
[OH5402; FRL-5698-4]

Designation of Areas for Air Quality Planning Purposes: Ohio

62 FR 10463

DATE: March 07, 1997
ACTION: Final rule; technical amendment.

SUMMARY: EPA is correcting the ozone designation for Montgomery County, Ohio to attainment. The designation status was not correctly printed in 40 CFR 81.336. EPA published a final rule designating Montgomery, Greene, Miami and Clark Counties, Ohio nonattainment for ozone, see 43 FR 8962 (March 3,1978), 43 FR 45993 (October 5, 1978), and the Code of Federal Regulations, 40 CFR part 81. On November 6, 1991 (56 FR 56694), codified at 40 CFR 81.336, the above areas were classified as moderate nonattainment for ozone. More recently, on May 5, 1995 (60 FR 22289) EPA redesignated the above areas to attainment for ozone due to ambient air monitoring data showing no violations of the ozone National Ambient Air Quality Standards during the period from 1990 through 1992. The designation became effective on July 5, 1995. Inadvertently, however, the revised Montgomery County, Ohio ozone designation status was not correctly printed in 40 CFR 81.336, as intended by the May 5, 1995, Federal Register action. It is being corrected in this rule.

EFFECTIVE DATE: March 7, 1997

FOR FURTHER INFORMATION CONTACT: Fayette Bright, Air Programs Branch, Regulation Development Section (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604. (312)886-6069.

SUPPLEMENTARY INFORMATION: Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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 any enforceable duty or contain any unfunded mandate as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), or require prior consultation with State officials as specified by Executive Order 112875 (58 FR 58093, October 28, 1993), or involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994).

Because EPA is not taking comment on this correction, it is therefore not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 General Accounting Office prior to publication of the rule in today's 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 81

Environmental protection, Air pollution control, Ozone.

Dated: February 7, 1997.

Michelle D. Jordan, Acting Regional Administrator.

Accordingly, part 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows:

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Section 81.336 amended by revising the entry for Montgomery County in the table entitled "Ohio Ozone" to read as follows:

Sec. 81.336 Ohio

                         Ohio--Ozone 
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				     Designation	    Classification 

Designated area 

			         Date			    Type		Date	Type 
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Dayton-Springfield Area: 

Montgomery County   July 5, 1995		Attainment 
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[FR Doc. 97-5620 Filed 3-6-97; 8:45 am] BILLING CODE 6560-50-P