Approval and Promulgation of Implementation Plans; Ohio; Volatile Organic Compound Emission Control Measures for Cleveland, 37171-37173 [E9-17829]
Download as PDF
<![CDATA[
37171
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 28, 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,
Intergovernmental relations,
Incorporation by reference,
Intergovernmental relations,
Incorporation by reference, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 8, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart (PP)—South Carolina
2. Section 52.2120(e) is amended by
adding a new entry at the end of the
table for ‘‘Transportation Conformity
SIP’’ to read as follows:
■
§ 52.2120
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
State effective
date
Provision
*
*
*
*
South Carolina Transportation Conformity Air Quality Implementation
Plan.
[FR Doc. E9–17818 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2008–0812, EPA–RO5–
OAR–2009–0292; FRL–8932–4]
Approval and Promulgation of
Implementation Plans; Ohio; Volatile
Organic Compound Emission Control
Measures for Cleveland
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
EPA is approving several
volatile organic compound (VOC)
control rules that were submitted on
September 4, 2008, and March 23, 2009,
into the Ohio State Implementation Plan
(SIP). The purpose of these rules is to
satisfy the VOC reasonably available
control technology (RACT) requirement
for the Cleveland-Akron 8-hour ozone
nonattainment area. These rules are
approvable because they satisfy the
control and enforceability requirements
of RACT, including Ohio’s requirement
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
VerDate Nov<24>2008
14:14 Jul 27, 2009
Jkt 217001
11/28/2008
EPA approval date
Explanation
*
*
7/28/2009 [Insert citation of publication].
*
........................
to adopt VOC RACT rules for the
Control Technique Guideline (CTG)
documents issued by EPA in 2006 and
2007. EPA proposed these rules for
approval on May 7, 2009, and received
no comments.
DATES: This final rule is effective on
August 27, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Nos. EPA–R05–OAR–2008–0812 and
EPA–RO5–OAR–2009–0292. All
documents in the docket are listed on
the https://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
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
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, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052,
rosenthal.steven@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. What Public Comments Were Received
on the Proposed Approval and What Is EPA’s
Response?
II. What Action Is EPA Taking?
III. What Is the Purpose of This Action?
IV. Statutory and Executive Order Reviews
I. What Public Comments Were
Received on the Proposed Approval
and What Is EPA’s Response?
No comments were received.
II. What Action Is EPA Taking?
EPA is approving several revised and
new VOC rules into the Ohio SIP.
E:\FR\FM\28JYR1.SGM
28JYR1
37172
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
Several rule revisions expand
applicability to include sources in the
Cleveland-Akron 8-hour ozone
nonattainment area, in particular for
commercial bakery oven facilities,
synthetic organic chemical
manufacturing industry (SOCMI)
reactors and distillation units, process
vents in batch operations, wood
furniture manufacturing operations, and
industrial wastewater operations. Ohio
adopted new rules for aerospace
manufacturing and rework facilities,
ship building and ship repair
operations, plastic parts coating, and the
storage of volatile organic liquids. In
addition, Ohio adopted new rules and
revisions to existing rules to address the
CTGs issued by EPA in 2006 and 2007.
These CTG categories are lithographic
printing, industrial solvent cleaning, flat
wood paneling, paper coating, metal
furniture coating, large appliance
coating, and flexible package printing.
Ohio adopted several other minor
revisions.
III. What Is the Purpose of This Action?
The primary purpose of these rules is
to satisfy the requirement in section
182(b) of Part D of title I of the Clean
Air Act (CAA) that VOC RACT rules be
adopted for the Cleveland-Akron 8-hour
ozone nonattainment area. These rules
satisfy the requirement for VOC RACT
rules for existing, pre-2006, CTG and
major non-CTG source categories which
were due on September 15, 2006, as
well as the requirement to adopt VOC
RACT rules for the CTG documents
issued by EPA in 2006 and 2007.
On March 24, 2008, (73 FR 15416)
EPA made a finding that Ohio failed to
submit those VOC RACT rules, which
were due on September 15, 2006, for the
Cleveland-Akron 8-hour ozone
nonattainment area. Ohio submitted the
fully adopted required VOC RACT rules
to EPA on September 4, 2008. In a
November 19, 2008, letter to Ohio, EPA
confirmed that Ohio’s September 4,
2008, submittal satisfies the requirement
for submitting VOC RACT rules for
existing, pre-2006, CTG and major nonCTG source categories which were due
on September 15, 2006. Failure to
submit a complete VOC RACT submittal
would have triggered the offset sanction
identified in CAA section 179(b)(2) on
September 24, 2009, and the highway
funding sanction in accordance with
CAA section 179(b)(1) on March 24,
2010. EPA would have been required by
CAA section 110(c) to promulgate a
Federal Implementation Plan (FIP) if it
had not approved these VOC RACT
rules into Ohio’s SIP by March 24, 2010.
Approval of these rules ends any
obligation for EPA to promulgate a FIP
VerDate Nov<24>2008
14:14 Jul 27, 2009
Jkt 217001
addressing this VOC RACT requirement.
Ohio’s submittal of March 23, 2009,
incorporates the rule revisions which
address the CTGs issued in September
2006 and September 2007.
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 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, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 28, 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, Intergovernmental
relations, Incorporation by reference,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 8, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1870 is amended by
adding and reserving paragraphs
(c)(144) and (c)(145) and by adding
paragraph (c)(146) to read as follows:
■
§ 52.1870
Identification of plan.
*
*
E:\FR\FM\28JYR1.SGM
*
28JYR1
*
*
erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
(c) * * *
(144) [Reserved]
(145) [Reserved]
(146) On September 4, 2008, and
March 23, 2009, the Ohio
Environmental Protection Agency
submitted several volatile organic
compound rules for approval into the
Ohio State Implementation Plan. Only
those paragraphs in 3745–21–09 that
were revised in the September 4, 2008,
and/or March 23, 2009, submittals have
been incorporated into the SIP.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–01 ‘‘Definitions.’’, adopted
March 23, 2009, effective April 2, 2009.
(B) Ohio Administrative Code Rule
3745–21–02 ‘‘Ambient air quality
standards and guidelines.’’, adopted
August 15, 2008, effective August 25,
2008.
(C) Ohio Administrative Code Rule
3745–21–03 ‘‘Methods of ambient air
quality measurement.’’, adopted August
15, 2008, effective August 25, 2008.
(D) Ohio Administrative Code Rule
3745–21–04 ‘‘Attainment dates and
compliance time schedules.’’, adopted
March 23, 2009, effective April 2, 2009.
(E) Ohio Administrative Code Rule
3745–21–06 ‘‘Classification of
Regions.’’, adopted August 15, 2008,
effective August 25, 2008.
(F) Ohio Administrative Code Rule
3745–21–08 ‘‘Control of carbon
monoxide emissions from stationary
sources.’’, adopted August 15, 2008,
effective August 25, 2008.
(G) Ohio Administrative Code Rule
3745–21–09 ‘‘Control of emissions of
volatile organic compounds from
stationary sources and
perchloroethylene from dry cleaning
facilities’’: (A), (B), (C), (D), (E), (F), (G),
(H), (I), (J), (K), (O), (P), (R), (S), (T),
(U)(1)(a), (U)(1)(b), (U(1)(c), (U)(1)(d),
(U)(1)(e), (U)(1)(f), (U)(1)(g), (U)(1)(i),
(U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l),
(W), (X), (Y), (Z), (DD), (HH), (NN), (RR),
(SS), (TT), (VV), (YY), (DDD), adopted
March 23, 2009, effective April 2, 2009.
(H) Ohio Administrative Code Rule
3745–21–10 ‘‘Compliance test methods
and procedures.’’, adopted August 15,
2008, effective August 25, 2008.
(I) Ohio Administrative Code Rule
3745–21–12 ‘‘Control of volatile organic
compound emissions from commercial
bakery oven facilities.’’, adopted August
15, 2008, effective August 25, 2008.
(J) Ohio Administrative Code Rule
3745–21–13 ‘‘Control of volatile organic
compounds from reactors and
distillation units employed in SOCMI
chemical production.’’, adopted August
15, 2008, effective August 25, 2008.
(K) Ohio Administrative Code Rule
3745–21–14 ‘‘Control of Volatile organic
VerDate Nov<24>2008
14:14 Jul 27, 2009
Jkt 217001
compound emissions from process vents
in batch operations.’’, adopted March
23, 2009, effective April 2, 2009.
(L) Ohio Administrative Code Rule
3745–21–15 ‘‘Control of volatile organic
compound emissions from wood
furniture manufacturing operations.’’,
adopted August 15, 2008, effective
August 25, 2008.
(M) Ohio Administrative Code Rule
3745–21–16 ‘‘Control of volatile organic
compound emissions from industrial
wastewater.’’, adopted March 23, 2009,
effective April 2, 2009.
(N) Ohio Administrative Code Rule
3745–21–18 ‘‘Commercial Motor
Vehicle and Mobile Equipment
Refinishing Operations.’’, adopted
March 23, 2009, effective April 2, 2009.
(O) Ohio Administrative Code Rule
3745–21–19 ‘‘Control of volatile organic
compound emissions from aerospace
manufacturing and rework facilities.’’,
adopted August 15, 2008, effective
August 25, 2008.
(P) Ohio Administrative Code Rule
3745–21–20 ‘‘Control of volatile organic
compound emissions from shipbuilding
and ship repair operations.’’, adopted
August 15, 2008, effective August 25,
2008.
(Q) Ohio Administrative Code Rule
3745–21–21 ‘‘Storage of volatile organic
liquids in fixed roof tanks and external
floating roof tanks.’’, adopted March 23,
2009, effective April 2, 2009.
(R) Ohio Administrative Code Rule
3745–21–22 ‘‘Lithographic and
letterpress printing.’’, adopted March
23, 2009, effective April 2, 2009.
(S) Ohio Administrative Code Rule
3745–21–23 ‘‘Industrial cleaning
solvents.’’, adopted March 23, 2009,
effective April 2, 2009.
(T) Ohio Administrative Code Rule
3745–21–24 ‘‘Flat wood paneling
coatings.’’, adopted March 23, 2009,
effective April 2, 2009.
(U) August 15, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
(V) March 23, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
[FR Doc. E9–17829 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
37173
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1537 and 1552
[EPA–HQ–OARM–2007–1115; FRL–8935–6]
RIN 2030–AA96
Acquisition Regulation: Guidance on
Technical Direction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is amending the EPA
Acquisition Regulation (EPAAR) to
revise the prescription for and the
content of a clause that addresses
issuing technical direction in contracts.
This revision incorporates and
supersedes several class deviations to
the EPAAR and updates terminology
and procedures related to issuing
technical direction.
DATES: This final rule is effective August
12, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OARM–2007–1115. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Office of Environmental
(OEI) Information Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OEI Docket is (202) 566–
1752.
FOR FURTHER INFORMATION CONTACT:
Donna S. Blanding, Policy, Training,
and Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 202–564–
1130; fax number: 202–565–2475; e-mail
address: blanding.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Entities potentially affected by this
action include firms that are performing
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\28JYR1.SGM
28JYR1
]]>Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Rules and Regulations]
[Pages 37171-37173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17829]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0812, EPA-RO5-OAR-2009-0292; FRL-8932-4]
Approval and Promulgation of Implementation Plans; Ohio; Volatile
Organic Compound Emission Control Measures for Cleveland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving several volatile organic compound (VOC)
control rules that were submitted on September 4, 2008, and March 23,
2009, into the Ohio State Implementation Plan (SIP). The purpose of
these rules is to satisfy the VOC reasonably available control
technology (RACT) requirement for the Cleveland-Akron 8-hour ozone
nonattainment area. These rules are approvable because they satisfy the
control and enforceability requirements of RACT, including Ohio's
requirement to adopt VOC RACT rules for the Control Technique Guideline
(CTG) documents issued by EPA in 2006 and 2007. EPA proposed these
rules for approval on May 7, 2009, and received no comments.
DATES: This final rule is effective on August 27, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
Nos. EPA-R05-OAR-2008-0812 and EPA-RO5-OAR-2009-0292. All documents in
the docket are listed on the https://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 available only in hard copy form. Publicly
available docket materials are available either electronically through
https://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, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6052, rosenthal.steven@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. What Public Comments Were Received on the Proposed Approval
and What Is EPA's Response?
II. What Action Is EPA Taking?
III. What Is the Purpose of This Action?
IV. Statutory and Executive Order Reviews
I. What Public Comments Were Received on the Proposed Approval and What
Is EPA's Response?
No comments were received.
II. What Action Is EPA Taking?
EPA is approving several revised and new VOC rules into the Ohio
SIP.
[[Page 37172]]
Several rule revisions expand applicability to include sources in the
Cleveland-Akron 8-hour ozone nonattainment area, in particular for
commercial bakery oven facilities, synthetic organic chemical
manufacturing industry (SOCMI) reactors and distillation units, process
vents in batch operations, wood furniture manufacturing operations, and
industrial wastewater operations. Ohio adopted new rules for aerospace
manufacturing and rework facilities, ship building and ship repair
operations, plastic parts coating, and the storage of volatile organic
liquids. In addition, Ohio adopted new rules and revisions to existing
rules to address the CTGs issued by EPA in 2006 and 2007. These CTG
categories are lithographic printing, industrial solvent cleaning, flat
wood paneling, paper coating, metal furniture coating, large appliance
coating, and flexible package printing. Ohio adopted several other
minor revisions.
III. What Is the Purpose of This Action?
The primary purpose of these rules is to satisfy the requirement in
section 182(b) of Part D of title I of the Clean Air Act (CAA) that VOC
RACT rules be adopted for the Cleveland-Akron 8-hour ozone
nonattainment area. These rules satisfy the requirement for VOC RACT
rules for existing, pre-2006, CTG and major non-CTG source categories
which were due on September 15, 2006, as well as the requirement to
adopt VOC RACT rules for the CTG documents issued by EPA in 2006 and
2007.
On March 24, 2008, (73 FR 15416) EPA made a finding that Ohio
failed to submit those VOC RACT rules, which were due on September 15,
2006, for the Cleveland-Akron 8-hour ozone nonattainment area. Ohio
submitted the fully adopted required VOC RACT rules to EPA on September
4, 2008. In a November 19, 2008, letter to Ohio, EPA confirmed that
Ohio's September 4, 2008, submittal satisfies the requirement for
submitting VOC RACT rules for existing, pre-2006, CTG and major non-CTG
source categories which were due on September 15, 2006. Failure to
submit a complete VOC RACT submittal would have triggered the offset
sanction identified in CAA section 179(b)(2) on September 24, 2009, and
the highway funding sanction in accordance with CAA section 179(b)(1)
on March 24, 2010. EPA would have been required by CAA section 110(c)
to promulgate a Federal Implementation Plan (FIP) if it had not
approved these VOC RACT rules into Ohio's SIP by March 24, 2010.
Approval of these rules ends any obligation for EPA to promulgate a FIP
addressing this VOC RACT requirement. Ohio's submittal of March 23,
2009, incorporates the rule revisions which address the CTGs issued in
September 2006 and September 2007.
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 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, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 28, 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, Intergovernmental
relations, Incorporation by reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 8, 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 and reserving paragraphs
(c)(144) and (c)(145) and by adding paragraph (c)(146) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
[[Page 37173]]
(c) * * *
(144) [Reserved]
(145) [Reserved]
(146) On September 4, 2008, and March 23, 2009, the Ohio
Environmental Protection Agency submitted several volatile organic
compound rules for approval into the Ohio State Implementation Plan.
Only those paragraphs in 3745-21-09 that were revised in the September
4, 2008, and/or March 23, 2009, submittals have been incorporated into
the SIP.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'',
adopted March 23, 2009, effective April 2, 2009.
(B) Ohio Administrative Code Rule 3745-21-02 ``Ambient air quality
standards and guidelines.'', adopted August 15, 2008, effective August
25, 2008.
(C) Ohio Administrative Code Rule 3745-21-03 ``Methods of ambient
air quality measurement.'', adopted August 15, 2008, effective August
25, 2008.
(D) Ohio Administrative Code Rule 3745-21-04 ``Attainment dates and
compliance time schedules.'', adopted March 23, 2009, effective April
2, 2009.
(E) Ohio Administrative Code Rule 3745-21-06 ``Classification of
Regions.'', adopted August 15, 2008, effective August 25, 2008.
(F) Ohio Administrative Code Rule 3745-21-08 ``Control of carbon
monoxide emissions from stationary sources.'', adopted August 15, 2008,
effective August 25, 2008.
(G) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions
of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities'': (A), (B), (C), (D),
(E), (F), (G), (H), (I), (J), (K), (O), (P), (R), (S), (T), (U)(1)(a),
(U)(1)(b), (U(1)(c), (U)(1)(d), (U)(1)(e), (U)(1)(f), (U)(1)(g),
(U)(1)(i), (U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l), (W), (X), (Y),
(Z), (DD), (HH), (NN), (RR), (SS), (TT), (VV), (YY), (DDD), adopted
March 23, 2009, effective April 2, 2009.
(H) Ohio Administrative Code Rule 3745-21-10 ``Compliance test
methods and procedures.'', adopted August 15, 2008, effective August
25, 2008.
(I) Ohio Administrative Code Rule 3745-21-12 ``Control of volatile
organic compound emissions from commercial bakery oven facilities.'',
adopted August 15, 2008, effective August 25, 2008.
(J) Ohio Administrative Code Rule 3745-21-13 ``Control of volatile
organic compounds from reactors and distillation units employed in
SOCMI chemical production.'', adopted August 15, 2008, effective August
25, 2008.
(K) Ohio Administrative Code Rule 3745-21-14 ``Control of Volatile
organic compound emissions from process vents in batch operations.'',
adopted March 23, 2009, effective April 2, 2009.
(L) Ohio Administrative Code Rule 3745-21-15 ``Control of volatile
organic compound emissions from wood furniture manufacturing
operations.'', adopted August 15, 2008, effective August 25, 2008.
(M) Ohio Administrative Code Rule 3745-21-16 ``Control of volatile
organic compound emissions from industrial wastewater.'', adopted March
23, 2009, effective April 2, 2009.
(N) Ohio Administrative Code Rule 3745-21-18 ``Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations.'', adopted March
23, 2009, effective April 2, 2009.
(O) Ohio Administrative Code Rule 3745-21-19 ``Control of volatile
organic compound emissions from aerospace manufacturing and rework
facilities.'', adopted August 15, 2008, effective August 25, 2008.
(P) Ohio Administrative Code Rule 3745-21-20 ``Control of volatile
organic compound emissions from shipbuilding and ship repair
operations.'', adopted August 15, 2008, effective August 25, 2008.
(Q) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile
organic liquids in fixed roof tanks and external floating roof
tanks.'', adopted March 23, 2009, effective April 2, 2009.
(R) Ohio Administrative Code Rule 3745-21-22 ``Lithographic and
letterpress printing.'', adopted March 23, 2009, effective April 2,
2009.
(S) Ohio Administrative Code Rule 3745-21-23 ``Industrial cleaning
solvents.'', adopted March 23, 2009, effective April 2, 2009.
(T) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling
coatings.'', adopted March 23, 2009, effective April 2, 2009.
(U) August 15, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(V) March 23, 2009, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
[FR Doc. E9-17829 Filed 7-27-09; 8:45 am]
BILLING CODE 6560-50-P
