
[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Rules and Regulations]               
[Page 40745-40747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-8]                         


[[Page 40745]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1129; FRL-8941-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Ohio Environmental 
Protection Agency (Ohio EPA) on October 5, 2007, to revise the Ohio 
State Implementation Plan (SIP) under the Clean Air Act. The State has 
submitted new volatile organic compounds (VOCs) control rules for 
approval under Chapter 3745-112 of the Ohio Administrative Code (OAC). 
The rules include OAC 3745-112-01 to OAC 3745-112-08 and are intended 
to assist the State in achieving and/or maintaining the national 8-hour 
ground level ozone standard through the regulation of VOCs in consumer 
products. Ohio followed, with some modifications, the Ozone Transport 
Commission's ``Model Rule for Consumer Products,'' (Model Rule) in 
developing the State's submittal.

DATES: This direct final rule will be effective October 13, 2009, 
unless EPA receives adverse comments by September 14, 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-2007-1129, 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) 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-
2007-1129. 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 Andy Chang, Environmental Engineer, at 
(312) 886-0258 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0258, chang.andy@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. When did the State submit the requested rule revisions to EPA, 
and did the State satisfy the administrative requirements of 40 CFR 
Part 51, Appendix V?
II. What are the revisions that the State is requesting for 
incorporation into the SIP?
    A. Definitions and Applicability for Volatile Organic Compounds 
Emissions From Consumer Products
    B. Standards and Exemptions for Volatile Organic Compounds 
Emissions From Consumer Products
    C. Administrative and Reporting Requirements, Variances, and 
Testing Methods for Volatile Organic Compounds Emissions From 
Consumer Products
III. What will approval of these rules accomplish?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. When did the State submit the requested rule revisions to EPA, and 
did the State satisfy the administrative requirements of 40 CFR Part 
51, Appendix V?

    Ohio EPA submitted the requested revisions to EPA on October 7, 
2007, and demonstrated through its submittal that the State satisfied 
all the requirements of 40 CFR Part 51, Appendix V, ``Criteria for 
Determining the Completeness of Plan Submissions.'' The administrative 
requirements are outlined in Section 2.1 of this appendix. Most 
notably, a public hearing was held on June 12, 2007, and the rules 
became effective State-wide on September 12, 2007.

II. What are the revisions that the State is requesting for 
incorporation into the SIP?

    The State has requested that EPA approve new rules under Chapter 
3745-112 of the OAC. These rules include 3745-112-01 (Definitions); 
3745-112-02 (Applicability); 3745-112-03 (Standards); 3745-112-04 
(Exemptions); 3745-112-05 (Administrative Requirements); 3745-112-06 
(Reporting Requirements); 3745-112-07 (Variances); and 3745-112-08 
(Test Methods). All submitted rules are intended to assist the State in 
achieving and/or maintaining the national 8-hour ground level ozone 
standard through the regulation of volatile organic

[[Page 40746]]

compounds in consumer products. The revisions are described in detail 
below.

A. Definitions and Applicability for Volatile Organic Compounds 
Emissions From Consumer Products

    Ohio EPA submitted definitions and applicability rules, which adopt 
almost verbatim, the rules found in the Model Rule. There are very 
minor modifications, which are related to implementation and compliance 
dates that are updated from the Model Rule. With exceptions only 
applicable to the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) regulated products, the implementation date is January 1, 2009. 
Unless provided in subsequent rule 3745-112-04 (Exemptions), the 
applicability rule applies to any person who sells, supplies, offers 
for sale, or manufactures consumer products on or after January 1, 
2009, for use in the State of Ohio. Specifying implementation and 
compliance dates do not make the rules less stringent; therefore, EPA 
concludes that the State's definitions and applicability rules for VOC 
emissions from consumer products are approvable.

B. Standards and Exemptions for Volatile Organic Compounds Emissions 
From Consumer Products

    Ohio EPA adopted the Model Rule's standards for VOC emissions in 
their entirety with very minor modifications; Ohio EPA has specified 
that any consumer product manufactured prior to January 1, 2009, may be 
sold, supplied, or offered for sale after January 1, 2009 (sell-through 
of products). The State's exemptions rules were based entirely on the 
Model Rule, and include those for ``Innovative Products.'' Specifying a 
date pertaining to sell-through of products does not weaken the rules; 
therefore, EPA concludes that the State's standards and exemptions 
rules for VOC emissions from consumer products are approvable.

C. Administrative and Reporting Requirements, Variances, and Testing 
Methods for Volatile Organic Compounds Emissions From Consumer Products

    The rules covering these sections were drafted in their entirety 
based on guidance from the Model Rule. All requirements and 
methodologies mirror exactly those found in the Model Rule; therefore, 
EPA concludes that the State's administrative and reporting 
requirements, variances, and testing methods for VOC emissions from 
consumer products are approvable.

III. What will approval of these rules accomplish?

    Approval of these rules submitted by Ohio EPA will help attain and 
maintain the national eight-hour standard for ground-level ozone, and 
reduce eight-hour ozone levels. Ozone is a human respiratory system 
irritant, and is harmful to the environment as well. Both ozone and 
volatile organic compounds are components of smog, which poses a 
significant threat to animal, plant, and human life. By maintaining the 
national standard for ground-level ozone and decreasing the levels of 
ozone, the benefits to human and environmental health in the State of 
Ohio and surrounding areas is expected to be permanent.

IV. What action is EPA taking?

    We are approving revisions to the Ohio SIP; the State has submitted 
new rules under Chapter 3745-112 of the OAC. These rules encompass OAC 
rule 3745-112-01 to OAC rule 3745-112-08, and are intended to assist 
the state of Ohio in achieving and/or maintaining the national 8-hour 
ground level ozone standard through the regulation of VOCs in consumer 
products. Ohio drafted their rules based almost entirely on the Model 
Rule with one exception, severability, which was already addressed in 
OAC rule 3745-15-09.
    We are approving these rules because they will help reduce 
emissions of volatile organic compounds and will therefore help reduce 
ground-level ozone concentrations in the State of Ohio and surrounding 
areas. Ohio EPA's rules closely follow the Model Rule, which EPA has 
determined to be approvable in other SIPs. The State's submittal meets 
the requirements of Section 183 of the Clean Air Act, as well as 
requirements of 40 CFR Part 51, Appendix V.
    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 comments are filed. This rule will be effective October 13, 
2009 without further notice unless we receive relevant adverse written 
comments by September 14, 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. The EPA will not institute a second 
comment period, therefore, 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 October 13, 2009.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
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).

[[Page 40747]]

    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 October 13, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 28, 2009.
Walter W. Kovalick Jr,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 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)(147) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (147) On October 5, 2007, Ohio submitted revisions to Ohio 
Administrative Code Chapter 3745-112, Rules 3745-112-01 through 3745-
112-08. The revisions regulate the volatile organic compounds content 
of consumer products.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-112-01 ``Definitions.'', 
Rule 3745-112-02 ``Applicability.'', Rule 3745-112-03 ``Standards.'', 
Rule 3745-112-04 ``Exemptions.'', Rule 3745-112-05 ``Administrative 
requirements.'', Rule 3745-112-06 ``Reporting requirements.'', Rule 
3745-112-07 ``Variances.'', and Rule 3745-112-08 ``Test methods.'', 
adopted September 5, 2007, effective on September 15, 2007.
    (B) September 5, 2007, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.

[FR Doc. E9-19305 Filed 8-12-09; 8:45 am]

BILLING CODE 6560-50-P
