Approval and Promulgation of Air Quality Implementation Plans; Ohio Administrative Code Rule 3745-21-17 Portable Fuel Containers, 52691-52693 [E9-24610]
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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
§ 1.110 Inventorship and date of invention
of the subject matter of individual claims.
When more than one inventor is
named in an application or patent, the
Patent and Trademark Office, when
necessary for purposes of an Office
proceeding, may require an applicant,
patentee, or owner to identify the
inventive entity of the subject matter of
each claim in the application or patent.
Where appropriate, the invention dates
of the subject matter of each claim and
the ownership of the subject matter on
the date of invention may be required of
the applicant, patentee or owner. See
also §§ 1.78(c) and 1.130.
■ 12. Section 1.114 is amended by
removing paragraphs (f), (g), and (h) and
by revising paragraphs (a) and (d) to
read as follows:
§ 1.114 Request for continued
examination.
(a) If prosecution in an application is
closed, an applicant may request
continued examination of the
application by filing a submission and
the fee set forth in § 1.17(e) prior to the
earliest of:
(1) Payment of the issue fee, unless a
petition under § 1.313 is granted;
(2) Abandonment of the application;
or
(3) The filing of a notice of appeal to
the U.S. Court of Appeals for the
Federal Circuit under 35 U.S.C. 141, or
the commencement of a civil action
under 35 U.S.C. 145 or 146, unless the
appeal or civil action is terminated.
*
*
*
*
*
(d) If an applicant timely files a
submission and fee set forth in § 1.17(e),
the Office will withdraw the finality of
any Office action and the submission
will be entered and considered. If an
applicant files a request for continued
examination under this section after
appeal, but prior to a decision on the
appeal, it will be treated as a request to
withdraw the appeal and to reopen
prosecution of the application before the
examiner. An appeal brief (§ 41.37 of
this title) or a reply brief (§ 41.41 of this
title), or related papers, will not be
considered a submission under this
section.
*
*
*
*
*
cprice-sewell on DSK2BSOYB1PROD with RULES
§ 1.117
[Removed and Reserved]
statutory time period, applicant may
extend the time period for reply up to
the earlier of the expiration of any
maximum period set by statute or five
months after the time period set for
reply, if a petition for an extension of
time and the fee set in § 1.17(a) are filed,
unless:
(i) Applicant is notified otherwise in
an Office action;
(ii) The reply is a reply brief
submitted pursuant to § 41.41 of this
title;
(iii) The reply is a request for an oral
hearing submitted pursuant to § 41.47(a)
of this title;
(iv) The reply is to a decision by the
Board of Patent Appeals and
Interferences pursuant to § 1.304 or to
§ 41.50 or § 41.52 of this title; or
(v) The application is involved in a
contested case (§ 41.101(a) of this title).
*
*
*
*
*
■ 15. Section 1.142 is amended by
removing paragraph (c) and by revising
paragraph (a) to read as follows:
§ 1.142
Requirement for restriction.
(a) If two or more independent and
distinct inventions are claimed in a
single application, the examiner in an
Office action will require the applicant
in the reply to that action to elect an
invention to which the claims will be
restricted, this official action being
called a requirement for restriction (also
known as a requirement for division).
Such requirement will normally be
made before any action on the merits;
however, it may be made at any time
before final action.
*
*
*
*
*
■ 16. Section 1.145 is revised to read as
follows:
§ 1.145 Subsequent presentation of claims
for different invention.
If, after an Office action on an
application, the applicant presents
claims directed to an invention distinct
from and independent of the invention
previously claimed, the applicant will
be required to restrict the claims to the
invention previously claimed if the
amendment is entered, subject to
reconsideration and review as provided
in §§ 1.143 and 1.144.
§ 1.265
13. Section 1.117 is removed and
reserved.
■ 14. Section 1.136 is amended by
revising paragraph (a)(1) to read as
follows:
§ 1.136
[Removed]
■
*
■
17. Section 1.265 is removed.
■ 18. Section 1.495 is amended by
revising paragraph (g) to read as follows:
§ 1.495 Entering the national stage in the
United States of America.
Extensions of time.
(a)(1) If an applicant is required to
reply within a nonstatutory or shortened
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(g) The documents and fees submitted
under paragraphs (b) and (c) of this
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52691
section must be clearly identified as a
submission to enter the national stage
under 35 U.S.C. 371. Otherwise, the
submission will be considered as being
made under 35 U.S.C. 111(a).
*
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§ 1.704
[Amended]
19. Section 1.704 is amended by
removing existing paragraph (c)(11) and
redesignating paragraph (c)(12) as
paragraph (c)(11).
■
Dated: October 7, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E9–24667 Filed 10–13–09; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–0908; FRL–8958–1]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
Administrative Code Rule 3745–21–17
Portable Fuel Containers
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The Ohio Environmental
Protection Agency (Ohio EPA)
submitted a revision to its State
Implementation Plan (SIP) under the
Clean Air Act (CAA) in order to reduce
air pollution in Ohio. The SIP revision
consists of a new regulation entitled
Ohio’s Administrative Code Rule 3745–
21–17 ‘‘Control of VOC Emissions from
Portable Fuel Containers.’’ This rule
impacts sale, use, and manufacture of
Portable Fuel Containers (PFC) in the
State of Ohio. Ohio EPA submitted this
request for approval of this rule on
August 7, 2007. EPA is approving this
rule.
DATES: This direct final rule will be
effective December 14, 2009, unless EPA
receives adverse comments by
November 13, 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–2007–0908, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
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cprice-sewell on DSK2BSOYB1PROD with RULES
52692
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
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–
0908. 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
VerDate Nov<24>2008
15:31 Oct 13, 2009
Jkt 220001
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 Michael
G. Leslie, Environmental Engineer, at
(312) 353–6680 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Michael G. Leslie, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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. Background
II. Summary of SIP Revision
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. Background
The State of Ohio currently has eleven
8-hour ozone nonattainment and
maintenance areas. Ohio’s
Administrative Code Rule 3745–21–17
impacts sale, use, and manufacture of
PFCs in the State of Ohio. This rule is
intended to help Ohio attain and
maintain the 8-hour ozone standard
through reductions of emissions of
Volatile Organic Compounds (VOC)
from these containers. VOCs are
precursors to the formation of ozone.
II. Summary of SIP Revision
The PFC regulations are useful in
Ohio’s and EPA’s efforts to improve
Ohio’s air quality. PFCs, also known as
gas cans, are used to fill a variety of
equipment including lawnmowers,
vehicles, and personal watercraft. The
goal of this program is to ensure that
spillage and evaporative emissions from
such containers are minimized or
eliminated. Because of their large
numbers, PFCs have the cumulative
potential to create substantial
hydrocarbon emissions resulting in
ozone-forming smog and health related
problems. On September 11, 2006,
California’s Air Resources Board (CARB)
finalized regulations that set specific
limitations on the maximum allowable
diurnal emission standard for PFCs and
operation of the automatic shut-off
feature of spill-proof systems and spill-
PO 00000
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Fmt 4700
Sfmt 4700
proof spouts on PFCs. EPA modeled its
own PFC rules on the CARB rules. The
State of Ohio finds that these
regulations are an effective tool to attain
and maintain the 8-hour ozone standard
throughout Ohio.
On August 7, 2007, Ohio EPA
submitted a formal request to EPA to
revise the Ohio SIP by adding the new
regulation entitled ‘‘Control of VOC
Emissions from Portable Fuel
Containers.’’ This regulation applies
statewide to any person who sells,
supplies, offers for sale, or manufactures
for sale portable fuel containers and/or
spouts for use in Ohio on or after
July 1, 2007.
This regulation requires that each PFC
and/or spout for sale or use in the State
of Ohio: (1) Be certified by the CARB,
or (2) be certified or otherwise approved
under requirements and in a manner
that Ohio EPA determines are as
stringent as the California requirements.
EPA is approving this rule because it
meets CAA and EPA requirements and
helps reduce ozone concentrations.
This rule does not apply to: (1) Any
PFC or spout or combination portable
fuel container and spout manufactured
in Ohio for shipment, sale, and use
outside of Ohio, (2) safety cans meeting
the requirements of 29 CFR part 1926,
subpart F: ‘‘Fire Protection and
Prevention;’’ as published in the July 1,
2006, edition of the Code of Federal
Regulations, (3) PFC with a nominal
capacity less than or equal to one quart,
(4) rapid refueling devices with nominal
capacities greater than, or equal to four
gallons, provided such devices are
designed for use in officially sanctioned
off-highway motor sports, (5) portable
fuel tanks manufactured specifically to
deliver fuel through a hose attached
between the portable fuel tank and the
outboard engine for the purpose of
operating the outboard engine, (6)
closed-system PFC that are used
exclusively for fueling remote control
model airplanes, and (7) PFC or PFC
spouts manufactured prior to July 1,
2007.
III. What Action Is EPA Taking?
EPA is approving Ohio’s
Administrative Code Rule 3745–21–17
which governs sale, use, and
manufacture of PFCs in the State of
Ohio.
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
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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
cprice-sewell on DSK2BSOYB1PROD with RULES
comments are filed. This rule will be
effective December 14, 2009 without
further notice unless we receive relevant
adverse written comments by November
13, 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. EPA will
not institute a second comment period.
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 December 14,
2009.
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
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15:31 Oct 13, 2009
Jkt 220001
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).
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 December 14,
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, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Dated: September 9, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
■
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52693
of Federal Regulations 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 paragraph (c)(144) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(144) The Ohio Environmental
Protection Agency formally submitted
revisions to Ohio’s Administrative Code
on August 7, 2007. These revisions
consists of Rule 3745–21–17 which
impacts sale, use, and manufacture of
Portable Fuel Containers in the State of
Ohio.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–17 ‘‘Portable fuel containers’’,
adopted on June 11, 2007, effective on
June 21, 2007.
(B) June 11, 2007, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
*
*
*
*
*
[FR Doc. E9–24610 Filed 10–13–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0339; FRL–8947–2]
Revisions to the Arizona State
Implementation Plan, Maricopa County
Air Quality Department
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Maricopa County Air Quality
Department (MCAQD) portion of the
Arizona State Implementation Plan
(SIP). These revisions concern
particulate matter (PM) emissions and
precursors from steam generating units,
cogeneration units, stationary gas
turbines, process heaters and internal
combustion engines. We are approving
local rules that regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on
December 14, 2009 without further
E:\FR\FM\14OCR1.SGM
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Agencies
[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52691-52693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24610]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0908; FRL-8958-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio Administrative Code Rule 3745-21-17 Portable Fuel Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Ohio Environmental Protection Agency (Ohio EPA) submitted
a revision to its State Implementation Plan (SIP) under the Clean Air
Act (CAA) in order to reduce air pollution in Ohio. The SIP revision
consists of a new regulation entitled Ohio's Administrative Code Rule
3745-21-17 ``Control of VOC Emissions from Portable Fuel Containers.''
This rule impacts sale, use, and manufacture of Portable Fuel
Containers (PFC) in the State of Ohio. Ohio EPA submitted this request
for approval of this rule on August 7, 2007. EPA is approving this
rule.
DATES: This direct final rule will be effective December 14, 2009,
unless EPA receives adverse comments by November 13, 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-2007-0908, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
[[Page 52692]]
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-
2007-0908. 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 Michael G. Leslie, Environmental
Engineer, at (312) 353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@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. Background
II. Summary of SIP Revision
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. Background
The State of Ohio currently has eleven 8-hour ozone nonattainment
and maintenance areas. Ohio's Administrative Code Rule 3745-21-17
impacts sale, use, and manufacture of PFCs in the State of Ohio. This
rule is intended to help Ohio attain and maintain the 8-hour ozone
standard through reductions of emissions of Volatile Organic Compounds
(VOC) from these containers. VOCs are precursors to the formation of
ozone.
II. Summary of SIP Revision
The PFC regulations are useful in Ohio's and EPA's efforts to
improve Ohio's air quality. PFCs, also known as gas cans, are used to
fill a variety of equipment including lawnmowers, vehicles, and
personal watercraft. The goal of this program is to ensure that
spillage and evaporative emissions from such containers are minimized
or eliminated. Because of their large numbers, PFCs have the cumulative
potential to create substantial hydrocarbon emissions resulting in
ozone-forming smog and health related problems. On September 11, 2006,
California's Air Resources Board (CARB) finalized regulations that set
specific limitations on the maximum allowable diurnal emission standard
for PFCs and operation of the automatic shut-off feature of spill-proof
systems and spill-proof spouts on PFCs. EPA modeled its own PFC rules
on the CARB rules. The State of Ohio finds that these regulations are
an effective tool to attain and maintain the 8-hour ozone standard
throughout Ohio.
On August 7, 2007, Ohio EPA submitted a formal request to EPA to
revise the Ohio SIP by adding the new regulation entitled ``Control of
VOC Emissions from Portable Fuel Containers.'' This regulation applies
statewide to any person who sells, supplies, offers for sale, or
manufactures for sale portable fuel containers and/or spouts for use in
Ohio on or after July 1, 2007.
This regulation requires that each PFC and/or spout for sale or use
in the State of Ohio: (1) Be certified by the CARB, or (2) be certified
or otherwise approved under requirements and in a manner that Ohio EPA
determines are as stringent as the California requirements. EPA is
approving this rule because it meets CAA and EPA requirements and helps
reduce ozone concentrations.
This rule does not apply to: (1) Any PFC or spout or combination
portable fuel container and spout manufactured in Ohio for shipment,
sale, and use outside of Ohio, (2) safety cans meeting the requirements
of 29 CFR part 1926, subpart F: ``Fire Protection and Prevention;'' as
published in the July 1, 2006, edition of the Code of Federal
Regulations, (3) PFC with a nominal capacity less than or equal to one
quart, (4) rapid refueling devices with nominal capacities greater
than, or equal to four gallons, provided such devices are designed for
use in officially sanctioned off-highway motor sports, (5) portable
fuel tanks manufactured specifically to deliver fuel through a hose
attached between the portable fuel tank and the outboard engine for the
purpose of operating the outboard engine, (6) closed-system PFC that
are used exclusively for fueling remote control model airplanes, and
(7) PFC or PFC spouts manufactured prior to July 1, 2007.
III. What Action Is EPA Taking?
EPA is approving Ohio's Administrative Code Rule 3745-21-17 which
governs sale, use, and manufacture of PFCs in the State of Ohio.
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
[[Page 52693]]
comments are filed. This rule will be effective December 14, 2009
without further notice unless we receive relevant adverse written
comments by November 13, 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. EPA will not institute a second comment
period. 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 December 14, 2009.
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 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).
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 December 14, 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, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: September 9, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations 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)(144) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(144) The Ohio Environmental Protection Agency formally submitted
revisions to Ohio's Administrative Code on August 7, 2007. These
revisions consists of Rule 3745-21-17 which impacts sale, use, and
manufacture of Portable Fuel Containers in the State of Ohio.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-17 ``Portable fuel
containers'', adopted on June 11, 2007, effective on June 21, 2007.
(B) June 11, 2007, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
* * * * *
[FR Doc. E9-24610 Filed 10-13-09; 8:45 am]
BILLING CODE 6560-50-P