
[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Rules and Regulations]
[Pages 24990-24992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0595; FRL-9790-3]


Approval and Promulgation of Implementation Plans; Ohio; Volatile 
Organic Compound Emission Control Measures for the Cleveland Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving into the Ohio State Implementation Plan 
(SIP), several volatile organic compound (VOC) rules that were 
submitted by the Ohio Environmental Protection Agency (Ohio EPA) on 
June 1, 2011. These rules, which include the source categories covered 
by the Control Technique Guideline (CTG) documents issued in 2008, as 
well as several other miscellaneous rule revisions, will help Ohio's 
effort to attain the 2008 ozone standard. These rules are being 
approved because they are consistent with the CTG documents issued by 
EPA in 2008, and satisfy the reasonably available control technology 
(RACT) requirements of the Clean Air Act (Act). EPA proposed these 
rules for approval on May 25, 2012, and received no comments.

DATES: This final rule is effective on May 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2011-0595. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly

[[Page 24991]]

available only in hard copy form. Publicly available docket materials 
are available either electronically through 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 
Steven Rosenthal, Environmental Engineer, at (312) 886-6052 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What public comments were received on the proposed approval and 
what is EPA's response?
II. What action is EPA taking today and what is the purpose of this 
action?
III. Statutory and Executive Order Reviews

I. What public comments were received on the proposed approval and what 
is EPA's response?

    EPA proposed these rules for approval on May 25, 2012 (77 FR 
31265), and received no comments.

II. What action is EPA taking today and what is the purpose of this 
action?

    EPA is approving into the Ohio SIP several new VOC and amended VOC 
rules under Chapter 3745-21 of the Ohio Administrative Code (OAC). 
These include new fiberglass boat manufacturing, miscellaneous 
industrial adhesives, and automobile and light-duty truck assembly 
coatings rules, which are consistent with the CTGs issued in 2008, as 
well as revisions to definitions and rules for the control of VOC 
emissions from stationary sources, storage of volatile organic liquids, 
industrial cleaning solvents, and flatwood paneling coatings. These 
rules are approvable because they are consistent with the CTG documents 
issued by EPA in 2008, and satisfy the RACT requirements of the Act. 
These VOC rules will help Ohio's effort to attain the 2008 ozone 
standard.
    EPA is also approving into the Ohio SIP amendments to OAC 3745-72, 
which contain its Low Reid Vapor Pressure Fuel Requirements, so that it 
is consistent with EPA requirements regarding special provisions for 
alcohol blends.

III. Statutory and Executive Order Reviews

    Under the 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 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 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 28, 2013. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Section 52.1870 is amended by adding paragraph (c)(158) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (158) On June 1, 2011, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted several volatile organic

[[Page 24992]]

compound (VOC) rules for approval into the Ohio State Implementation 
Plan. These rules include the source categories covered by the Control 
Technique Guideline (CTG) documents issued in 2008, as well as several 
other miscellaneous rule revisions.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'', 
effective May 12, 2011.
    (B) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions 
of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities.'', effective May 12, 
2011, except for paragraph (U)(1)(h).
    (C) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile 
organic liquids in fixed roof tanks and external floating roof 
tanks.'', effective May 12, 2011.
    (D) Ohio Administrative Code Rule 3745-21-23 ``Control of volatile 
organic compound emissions from industrial solvent cleaning 
operations.'', effective May 12, 2011.
    (E) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling 
coatings.'', effective May 12, 2011.
    (F) Ohio Administrative Code Rule 3745-21-27 ``Boat 
manufacturing.'', effective May 12, 2011.
    (G) Ohio Administrative Code Rule 3745-21-28 ``Miscellaneous 
industrial adhesives and sealants'', effective May 12, 2011.
    (H) Ohio Administrative Code Rule 3745-21-29 ``Control of volatile 
organic compound emissions from automobile and light-duty truck 
assembly coating operations, heavier vehicle assembly coating 
operations, and cleaning operations associated with these coating 
operations.'', effective May 12, 2011.
    (I) Ohio Administrative Code Rule 3745-72-02 ``Definitions.'', 
effective May 12, 2011.
    (J) Ohio Administrative Code Rule 3745-72-05 ``Liability.'', 
effective May 12, 2011.
    (K) Ohio Administrative Code Rule 3745-72-06 ``Defenses.'', 
effective May 12, 2011.
    (L) May 2, 2011, ``Director's Final Findings and Orders,'' signed 
by Scott J. Nally, Director, Ohio Environmental Protection Agency.

[FR Doc. 2013-08691 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P


