
[Federal Register: October 14, 2009 (Volume 74, Number 197)]
[Rules and Regulations]               
[Page 52691-52693]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc09-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0908; FRL-8958-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Ohio Administrative Code Rule 3745-21-17 Portable Fuel Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Ohio Environmental Protection Agency (Ohio EPA) submitted 
a revision to its State Implementation Plan (SIP) under the Clean Air 
Act (CAA) in order to reduce air pollution in Ohio. The SIP revision 
consists of a new regulation entitled Ohio's Administrative Code Rule 
3745-21-17 ``Control of VOC Emissions from Portable Fuel Containers.'' 
This rule impacts sale, use, and manufacture of Portable Fuel 
Containers (PFC) in the State of Ohio. Ohio EPA submitted this request 
for approval of this rule on August 7, 2007. EPA is approving this 
rule.

DATES: This direct final rule will be effective December 14, 2009, 
unless EPA receives adverse comments by November 13, 2009. 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-2007-0908, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.

[[Page 52692]]

    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 692-2551.
    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-
2007-0908. 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 Federal holidays. 
We recommend that you telephone Michael G. Leslie, Environmental 
Engineer, at (312) 353-6680 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@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. Background
II. Summary of SIP Revision
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews

I. Background

    The State of Ohio currently has eleven 8-hour ozone nonattainment 
and maintenance areas. Ohio's Administrative Code Rule 3745-21-17 
impacts sale, use, and manufacture of PFCs in the State of Ohio. This 
rule is intended to help Ohio attain and maintain the 8-hour ozone 
standard through reductions of emissions of Volatile Organic Compounds 
(VOC) from these containers. VOCs are precursors to the formation of 
ozone.

II. Summary of SIP Revision

    The PFC regulations are useful in Ohio's and EPA's efforts to 
improve Ohio's air quality. PFCs, also known as gas cans, are used to 
fill a variety of equipment including lawnmowers, vehicles, and 
personal watercraft. The goal of this program is to ensure that 
spillage and evaporative emissions from such containers are minimized 
or eliminated. Because of their large numbers, PFCs have the cumulative 
potential to create substantial hydrocarbon emissions resulting in 
ozone-forming smog and health related problems. On September 11, 2006, 
California's Air Resources Board (CARB) finalized regulations that set 
specific limitations on the maximum allowable diurnal emission standard 
for PFCs and operation of the automatic shut-off feature of spill-proof 
systems and spill-proof spouts on PFCs. EPA modeled its own PFC rules 
on the CARB rules. The State of Ohio finds that these regulations are 
an effective tool to attain and maintain the 8-hour ozone standard 
throughout Ohio.
    On August 7, 2007, Ohio EPA submitted a formal request to EPA to 
revise the Ohio SIP by adding the new regulation entitled ``Control of 
VOC Emissions from Portable Fuel Containers.'' This regulation applies 
statewide to any person who sells, supplies, offers for sale, or 
manufactures for sale portable fuel containers and/or spouts for use in 
Ohio on or after July 1, 2007.
    This regulation requires that each PFC and/or spout for sale or use 
in the State of Ohio: (1) Be certified by the CARB, or (2) be certified 
or otherwise approved under requirements and in a manner that Ohio EPA 
determines are as stringent as the California requirements. EPA is 
approving this rule because it meets CAA and EPA requirements and helps 
reduce ozone concentrations.
    This rule does not apply to: (1) Any PFC or spout or combination 
portable fuel container and spout manufactured in Ohio for shipment, 
sale, and use outside of Ohio, (2) safety cans meeting the requirements 
of 29 CFR part 1926, subpart F: ``Fire Protection and Prevention;'' as 
published in the July 1, 2006, edition of the Code of Federal 
Regulations, (3) PFC with a nominal capacity less than or equal to one 
quart, (4) rapid refueling devices with nominal capacities greater 
than, or equal to four gallons, provided such devices are designed for 
use in officially sanctioned off-highway motor sports, (5) portable 
fuel tanks manufactured specifically to deliver fuel through a hose 
attached between the portable fuel tank and the outboard engine for the 
purpose of operating the outboard engine, (6) closed-system PFC that 
are used exclusively for fueling remote control model airplanes, and 
(7) PFC or PFC spouts manufactured prior to July 1, 2007.

III. What Action Is EPA Taking?

    EPA is approving Ohio's Administrative Code Rule 3745-21-17 which 
governs sale, use, and manufacture of PFCs in the State of Ohio.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no 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

[[Page 52693]]

comments are filed. This rule will be effective December 14, 2009 
without further notice unless we receive relevant adverse written 
comments by November 13, 2009. 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. 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 December 14, 2009.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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. 
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 December 14, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition 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, Ozone, Volatile organic 
compounds.

    Dated: September 9, 2009.
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)(144) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (144) The Ohio Environmental Protection Agency formally submitted 
revisions to Ohio's Administrative Code on August 7, 2007. These 
revisions consists of Rule 3745-21-17 which impacts sale, use, and 
manufacture of Portable Fuel Containers in the State of Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-17 ``Portable fuel 
containers'', adopted on June 11, 2007, effective on June 21, 2007.
    (B) June 11, 2007, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio Environmental Protection Agency.
* * * * *
[FR Doc. E9-24610 Filed 10-13-09; 8:45 am]

BILLING CODE 6560-50-P
