[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43440-43441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14168]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0788; FRL-10425-02-R5]


Air Plan Approval; Ohio; Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, 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. EPA proposed to approve 
this action on February 27, 2023, and received no adverse comments.

DATES: This final rule is effective on August 9, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0788. All documents in the docket are listed on 
the www.regulations.gov website. 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 available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or 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 and facility 
closures due to COVID-19. We recommend that you telephone Katie Mullen, 
at (312) 353-3490 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-3490, [email protected].

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

I. Background Information

    On February 27, 2023, EPA proposed to approve revisions to OAC 
Chapter 3745-112. The revised rules include OAC 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), effective on June 20, 2022. These revised 
rules 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. An explanation of the CAA requirements, a detailed analysis 
of the revisions, and EPA's reasons for proposing approval were 
provided in the notice of proposed rulemaking (88 FR 12303) and will 
not be restated here. The public comment period for this proposed rule 
ended on March 29, 2023. EPA received no adverse comments on the 
proposal.

II. Final Action

    EPA is approving 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. EPA finds that 
these rules are approvable because they strengthen the VOC control 
portion of Ohio's SIP.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Ohio 
Administrative Code Regulations described in section I of this preamble 
and set forth in the amendments to 40 CFR part 52 below. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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 Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;

[[Page 43441]]

     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Ohio Environmental Protection Agency did not evaluate 
environmental justice considerations as part of its SIP submittal; the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation. EPA did not perform an EJ analysis and did 
not consider EJ in this action. Due to the nature of the action being 
taken here, this action is expected to have a neutral to positive 
impact on the air quality of the affected area. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 8, 2023. 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: June 29, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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. In Sec.  52.1870, the table in paragraph (c) is amended by revising 
the section entitled ``Chapter 3745-112 Volatile Organic Compound 
Limits in Consumer Products'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
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                                                     Ohio effective
       Ohio citation             Title/subject            date            EPA approval date            Notes
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                     Chapter 3745-112 Volatile Organic Compound Limits in Consumer Products
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3745-112-01...............  Definitions............       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
3745-112-02...............  Applicability..........       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
3745-112-03...............  Standards..............       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
3745-112-04...............  Exemptions.............       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
3745-112-05...............  Administrative                6/20/2022  7/10/2023, [INSERT FEDERAL
                             Requirements.                            REGISTER CITATION].
3745-112-06...............  Reporting Requirements.       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
3745-112-07...............  Variances..............       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
3745-112-08...............  Test Methods...........       6/20/2022  7/10/2023, [INSERT FEDERAL
                                                                      REGISTER CITATION].
 
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[FR Doc. 2023-14168 Filed 7-7-23; 8:45 am]
BILLING CODE 6560-50-P


