[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12303-12304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03599]



[[Page 12303]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0788; FRL-10425-01-R5]


Air Plan Approval; Ohio; Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve, under the Clean Air Act (CAA), a State Implementation Plan 
(SIP) revision submitted by the Ohio Environmental Protection Agency 
(Ohio EPA) on September 7, 2022. Ohio EPA requests that EPA approve 
revised volatile organic compounds (VOCs) control rules under Chapter 
3745-112 of the Ohio Administrative Code (OAC) into Ohio's SIP. The 
revised rules will reduce emissions that contribute to ozone formation 
and assist with efforts to achieve and maintain the 2015 ozone National 
Ambient Air Quality Standard (NAAQS). EPA finds that these rules are 
approvable because they are SIP strengthening measures.

DATES: Comments must be received on or before March 29, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0788 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch 
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-3490, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is EPA proposing?

    EPA is proposing to approve rule revisions to OAC Chapter 3745-112. 
The revised rules include OAC 3745-112-01 to OAC 3745-112-08 and are 
intended to assist in achieving and maintaining the 2015 ozone NAAQS 
through the regulation of VOCs in consumer products. We find that these 
rules are approvable because they are SIP strengthening measures.

II. What is the background for these actions?

    On August 13, 2009 (74 FR 40745), EPA approved OAC Chapter 3745-
112, ``Consumer Products'' into Ohio's SIP, which was part of Ohio's 
strategy to attain the 1997 ozone NAAQS. The rules in OAC Chapter 3745-
112 contain regulations for the content of VOCs in consumer products 
sold, supplied, offered for sale, or manufactured for use in the state 
of Ohio. These rules adopted the standards in the model rule developed 
by the Ozone Transport Commission (OTC). The OTC develops model rules 
for states to consider when adopting consumer products regulations and 
has since provided updated versions of the model rules, called 
``phases'', for states to consider in subsequent adoption or revision 
of consumer products standards.
    The rules in OAC Chapter 3745-112 were originally based on the 2006 
Phase II OTC model rule for consumer products. Ohio has updated these 
rules to adopt more recent versions of the OTC model rule; 
specifically, up through the 2012 Phase IV OTC model rule (this 
includes adopting the limits in the 2010 Phase III model rule, as well 
as the 2013 technical update). This update is part of Ohio's strategy 
to attain the 2015 ozone NAAQS.
    As a result of its routine 5-year review process, Ohio EPA also 
made various minor changes to this chapter, as well as changes to OAC 
rule 3745-112-01 to update information on referenced materials. These 
changes are minor in nature, and do not affect the scope or intent of 
the rules.

III. What is EPA's analysis of Ohio's SIP revision?

    Ohio EPA has requested that EPA approve revised 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). These revised rules are intended to assist in achieving 
and maintaining the 2015 ozone NAAQS through the regulation of volatile 
organic compounds in consumer products. The revisions are described in 
detail below. EPA is determining that these revisions are approvable 
since they serve as SIP strengthening measures.

A. 3745-112-01 Definitions

    This rule contains the applicable definitions and referenced 
material for OAC Chapter 3745-112. The rule is being amended to adopt 
new and revised definitions and referenced material consistent with the 
updated version of the OTC model rule. Since the revised definitions do 
not make this rule less stringent, EPA finds that 3745-112-01 is 
approvable.

B. 3745-112-02 Applicability

    This rule identifies entities affected by this rule and the date of 
compliance with the rules contained in OAC Chapter 3745-112. The 
proposed rule revisions update the date of compliance. Since specifying 
implementation and compliance dates do not make the rules less 
stringent, EPA finds that the revisions to 3745-112-02 are approvable.

C. 3745-112-03 Standards

    This rule identifies the specific consumer products regulated and 
their associated VOC content limits. This rule is being amended to 
adopt new and revised VOC limits consistent with the updated version of 
the OTC model rule. Since this rule adopts new and more stringent VOC 
content limits, EPA finds that the revisions strengthen the SIP and are 
approvable.

D. 3745-112-04 Exemptions

    This rule specifies the exemptions applicable to Chapter 3745-112 
of the OAC. The rule is being amended to

[[Page 12304]]

include minor changes to correct typos and update the rule language in 
this chapter to meet agency style and formatting guidelines. Since the 
minor changes to this rule do not make this rule any less stringent, 
EPA finds that the revisions to 3745-112-04 are approvable.

E. 3745-112-05 Administrative Requirements

    This rule specifies the administrative requirements applicable to 
OAC Chapter 3745-112. The rule is being amended to establish effective 
dates consistent with the updated version of the OTC model rule and to 
make minor changes to conform with formatting standards. Since the 
changes to the administrative requirements do not make this rule any 
less stringent, EPA finds that the revisions to 3745-112-05 are 
approvable.

F. 3745-112-06 Reporting Requirements

    This rule specifies the reporting requirements for consumer 
products regulated under OAC Chapter 3745-112. This rule is being 
amended to conform to agency formatting standards. Since the changes to 
the reporting requirements do not make this rule any less stringent, 
EPA finds that the revisions to 3745-112-06 are approvable.

G. 3745-112-07 Variances

    This rule details the procedures for a facility to apply for a 
variance from the requirements specified in OAC rule 3745-112-03. This 
rule is being amended to conform to agency formatting standards. Since 
the changes to the variances do not make this rule any less stringent, 
EPA finds that the revisions to 3745-112-07 are approvable.

H. 3745-112-08 Test Methods

    This rule specifies the test methods that shall be employed to show 
compliance with the VOC content limits of consumer products listed in 
OAC Chapter 3745-112. This rule is being amended to eliminate 
unnecessary restrictions and conform to agency formatting standards. 
Since the changes to the test methods do not make this rule any less 
stringent, EPA finds that the revisions to 3745-112-08 are approvable.

IV. What action is EPA taking?

    EPA is proposing to approve rule revisions to Chapter 3745-112 of 
the OAC. The revised rules include OAC 3745-112-01 to OAC 3745-112-08 
and are intended to assist in achieving and maintaining the 2015 ozone 
NAAQS through the regulation of VOCs in consumer products. As discussed 
above, EPA finds that these rules are approvable because they 
strengthen the SIP.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Ohio Administrative Code Chapter 3745-112, effective on June 
20, 2022, discussed in section III of this preamble. EPA has made, and 
will continue to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air 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 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 CAA; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 15, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-03599 Filed 2-24-23; 8:45 am]
BILLING CODE 6560-50-P


