Approval and Promulgation of Air Quality Implementation Plans; Ohio; Final Approval and Promulgation of State Implementation Plans; Carbon Monoxide and Volatile Organic Compounds, 34939-34941 [2010-14902]
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
Dated: June 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777;
maietta.anthony@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:
[FR Doc. 2010–14848 Filed 6–18–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2005–OH–0003; FRL–
9159–3]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Final Approval and Promulgation of
State Implementation Plans; Carbon
Monoxide and Volatile Organic
Compounds
I. What were EPA’s proposed actions?
II. Public Comments and EPA Responses
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. What were EPA’s proposed actions?
This action addresses revisions to
OAC 3745–21 in a set of submittals
dated October 9, 2000, February 6, 2001,
and August 3, 2001; and also addresses
revisions to OAC 3745–21, submitted on
June 24, 2003, as part of Ohio’s five-year
rule review process. On January 22,
2010 (75 FR 3668), EPA proposed a
variety of actions regarding revisions to
OAC 3745–21. We proposed to approve:
(1) Revisions to the rules which
corrected grammar and spelling
mistakes; (2) revisions to attainment
dates and compliance schedules listed
within the rules; (3) clarifications which
made hard-to-interpret portions of the
rules easier to understand; (4) removal
of an exemption for certain geographic
areas to carbon monoxide (CO) rules;
and, (5) site specific emissions limit
DATES: This final rule is effective on July amendments. Our proposed action
21, 2010.
contains more information on the rule
ADDRESSES: EPA has established a
revisions submitted and our evaluation
docket for this action under Docket ID
of them.
No. EPA–R05–OAR–2005–OH–0003. All
In our proposed action, we also
documents in the docket are listed on
provided extensive discussion regarding
the www.regulations.gov Web site.
a provision of 2745–21–09(U)(2)(f)
Although listed in the index, some
authorizing alternate miscellaneous
information is not publicly available,
metal coating limits in selected cases.
i.e., Confidential Business Information
EPA proposed to recognize alternate
(CBI) or other information whose
limits that Ohio issued during a period
disclosure is restricted by statute.
when the State had unilateral authority
Certain other material, such as
to do so. EPA also described a process
copyrighted material, is not placed on
developed in concert with Ohio EPA for
the Internet and will be publicly
addressing future requests for such
available only in hard copy form.
alternate limits. Further discussion of
Publicly available docket materials are
this process, as well as more
available either electronically through
information on the rule revisions
www.regulations.gov or in hard copy at
submitted and our evaluation of them,
the Environmental Protection Agency,
can be found in our proposed action.
We proposed conditional approval of
Region 5, Air and Radiation Division, 77
PAC 3745–21–09(BBB)(1) (which affects
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from the BF Goodrich Company Akron
Chemical Plant) and disapproval of
8:30 a.m. to 4:30 p.m., Monday through
In this action, under the Clean
Air Act, we are: Approving into the
State Implementation Plan (SIP) certain
regulation revisions within Ohio
Administrative Code (OAC) 3745–21
(Carbon Monoxide, Photochemically
Reactive Materials, Hydrocarbons, and
related Materials Standards) which have
been adopted by the State; recognizing
various emission control exemptions
that have been granted for
miscellaneous metal coating operations
under OAC 3745–21–09(U)(2)(f); and
taking no action on certain regulation
revisions. We proposed to take these
actions in a document published on
January 22, 2010, and received no
comments.
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SUMMARY:
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34939
OAC 3745–21–09(U)(1)(h) (which
affects sources conducting surface
coating of miscellaneous metal parts
and products). For administrative
convenience, we will complete
rulemaking on these portions of Ohio’s
submittal in a later action.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. We did not
receive any comments on the proposed
action.
III. What action is EPA taking?
EPA today is only approving rules
submitted by Ohio which have not been
separately approved. For the full listing
of rules we proposed to approve, please
see the proposed rulemaking for today’s
action (75 FR 3668). In a separate
rulemaking on July 28, 2009 (74 FR
37171), EPA has already approved later
versions of certain rules. Additional
information on the approval of these
rules is provided in the proposal for that
action published on May 7, 2009, at 74
FR 21295.
EPA is fully approving into the Ohio
SIP the following revised rule
paragraphs as adopted by the State of
Ohio and as defined in Ohio’s
submittals:
In OAC 3745–21–09, title, paragraphs
(A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e),
(B)(3)(f), (B)(3)(h), (B)(3)(j), (B)(3)(l),
(B)(4)(a), (B)(4)(b), (C)(4), (H)(1)(a),
(H)(1)(b), (H)(3), (O)(5)(b), (O)(6)(a),
(O)(6)(b), (R)(4), the portion of
paragraph (U)(2)(e) which states ‘‘Daily
usage limitations included in (U)(2)(e)(i)
through (U)(2)(e)(iii) above shall not
apply to coatings employed by the metal
parts or products coating line on parts
or products which are not metal’’,
(U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b),
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4),
(KK)(1), (NN)(1), (NN)(2),
(NN)(3),(NN)(4), (NN)(5), (OO), (OO)(1),
(OO)(2), (OO)(3), (OO)(4), (PP)(2),
(UU)(3), (AAA), (DDD), and
Appendix A.
EPA is taking no action on revisions
to 3745–21–09(U)(2)(f), from both the
October 9, 2000, and June 24, 2003,
submittals, because EPA approved a
later version of this paragraph on July
28, 2009 (74 FR 37171). EPA will
continue to honor exemptions granted
by Ohio under this rule as it existed in
the SIP after May 5, 1995, but prior to
June 15, 1999. This leaves two time
periods in which Ohio issued permits
and amendments for which there are
two separate methods to incorporate
affected permits and amendments into
the SIP: Prior to May 5, 1995, and after
June 15, 1999. EPA will address any
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
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exemptions granted prior to May 5,
1995, in a separate rulemaking after we
work with Ohio EPA to determine the
proper course of action for dealing with
these sources. EPA will address any
sources seeking alternate limits under
this paragraph after June 15, 1999, as
they will be subject to limits which
result from the ongoing EPA and Ohio
EPA resolution of this matter.
EPA is also taking no action on
revisions to OAC 3725–21 chapters 01,
02, 03, 04, 06, 08, and 10 because newer
versions of these chapters were
approved and incorporated into Ohio’s
SIP in a subsequent rulemaking (74 FR
37171).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air Act. Accordingly, this
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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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 August 20, 2010.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Volatile
organic compounds.
Dated: May 20, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
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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 paragraphs (c)(102)(i)(C)(1) and
(c)(149) to read as follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(102) * * *
(i) * * *
(C) * * *
(1) Previously approved on October
31, 1995 in paragraph (c)(102)(i)(C) of
this section and now deleted without
replacement: OEPA OAC Rule 3745–21–
09, Control of Emissions of Volatile
Organic Compounds from Stationary
Sources, Paragraph (AAA), as adopted
by Ohio on October 25, 2002, effective
on November 5, 2002.
*
*
*
*
*
(149) On October 9, 2000, February 6,
2001, August 3, 2001, and June 24,
2003, Ohio submitted revisions to Ohio
Administrative Code (OAC) Chapter
3745–21 to address a variety of changes
to its Carbon Monoxide and Volatile
Organic Compounds regulations. The
pertinent provisions are in OAC 3745–
21–09; for other rules in these
submittals, later versions have been
addressed in separate rulemaking (see
paragraph 146 of this section).
(i) Incorporation by reference.
(A) The following paragraphs of OAC
3745–21–09, entitled ‘‘Control of
emissions of volatile organic
compounds from stationary sources and
perchloroethylene from dry cleaning
facilities,’’ as adopted by Ohio on
October 25, 2002, effective on November
5, 2002:
(1) Paragraphs (A)(4), (B)(3)(a),
(B)(3)(d), (B)(3)(e), (B)(3)(f), (B)(3)(h),
(B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b),
(C)(4), (H)(1), (H)(3), (O)(5)(b), (O)(6),
(R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b),
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4),
(KK)(1), (NN), (OO), (PP)(2), (UU)(3),
(DDD), and Appendix A.
(2) Within paragraph (U), the
undesignated paragraph following
(U)(2)(e).
(B) October 25, 2002, ‘‘Director’s Final
Findings and Orders’’, signed by
Christopher Jones, Director, Ohio
Environmental Protection Agency.
(ii) Additional Information. The
following permits to install authorizing
exemptions under OAC Rule 3745–21–
09(U)(2)(f) were issued by Ohio during
the time period when the State had
unilateral authority to issue them.
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
(A) Permit To Install issued by the
State Of Ohio to Chase Industries, Inc,
Cincinnati, OH, on June 24, 1998, for
emissions unit K002, pursuant to
application number 14–4578.
(B) Permit To Install issued by the
State Of Ohio to CAE Ransohoff, Inc.,
Union, OH, on March 5, 1997, for
emissions units K001 and K002,
pursuant to application number 14–
4268.
(C) Permit To Install issued by the
State Of Ohio to Phoenix Presentations,
Inc., Butler County, OH, on January 21,
1999, for emissions units R001, R002,
and R003, pursuant to application
number 14–4612.
(D) Permit To Install issued by the
State Of Ohio to CTL Aerospace, Inc.,
Cincinnati, OH, on August 19, 1998, for
emissions unit R005, pursuant to
application number 14–4572.
(E) Permit To Install issued by the
State Of Ohio to Hamilton Fixture,
Hamilton, OH, on April 24, 1996, for
emissions unit R006, pursuant to
application number 14–4014.
(F) Permit To Install issued by the
State Of Ohio to Lt. Moses Willard, Inc.,
Milford, OH, on December 23, 1997, for
emissions units K001 and K002,
pursuant to application number 14–
4220.
(G) Permit To Install issued by the
State Of Ohio to WHM Equipment Co.,
Cincinnati, OH, on May 28, 1997, for
emissions unit K001, pursuant to
application number 14–4348.
(H) Permit To Install issued by the
State Of Ohio to Panel-Fab, Inc.,
Cincinnati, OH, on June 12, 1996, for
emissions unit K001, pursuant to
application number 14–4027.
(I) Permit To Install issued by the
State Of Ohio to Cincinnati Fan &
Ventilator, Mason, OH, on June 15,
1995, for emissions unit K003, pursuant
to application number 14–3774.
(J) Permit To Install issued by the
State Of Ohio to Honda of America
Manufacturing, Inc., Marysville, OH, on
December 24, 1997, for emissions units
R003, and R103, pursuant to application
number 01–6743.
(K) Permit To Install issued by the
State Of Ohio to Durr Ecoclean, Inc.
(formerly Henry Filters, Inc.), Bowling
Green, OH, on June 26, 1996, for
emissions unit K001 pursuant to
application number 03–9510.
(L) Permit To Install issued by the
State Of Ohio to Honda of America
Manufacturing, Inc., East Liberty, OH,
on April 17, 1996, for emissions units
K009 and K013, pursuant to application
number 05–7923.
(M) Permit To Install issued by the
State Of Ohio to American Trim, LLC
(formerly Stolle Corporation, Stolle
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Products Division), Sidney, OH, on
September 13, 1995, K045, pursuant to
application number 05–7329.
(N) Permit To Install issued by the
State Of Ohio to American Trim, LLC
(formerly Stolle Products), Sidney, OH,
on December 3, 1998, for emissions unit
K048, pursuant to application number
05–9516.
(O) Permit To Install issued by the
State Of Ohio to Hawkline Nevada, LLC
(formerly Trinity Industries, Inc.), Plant
101, Mt. Orab, OH, on February 28,
1996, for emissions unit K001, pursuant
to application number 07–407.
(P) Permit To Install issued by the
State Of Ohio to American Trim, LLC
(formerly Superior Metal Products),
Lima, OH, on July 23, 1997, for
emissions unit K002, pursuant to
application number 03–0397.
[FR Doc. 2010–14902 Filed 6–18–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 07–198; FCC 10–17]
Review of the Commission’s Program
Access Rules and Examination of
Programming Tying Arrangements
AGENCY: Federal Communications
Commission
ACTION: Final Rule; announcement of
effective date.
SUMMARY: In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with new rules 47 CFR
Sections 76.1001(b)(2) and 76.1003(l),
and the amendment to 47 CFR Section
76.1003(c)(3). On March 3, 2010, the
Commission published the summary
document of the First Report and Order,
In the Matter of Review of the
Commission’s Program Access Rules
and Examination of Programming Tying
Arrangements, MB Docket No. 07–198,
FCC 10–17, at 75 FR 9692. The Ordering
Clause of the First Report and Order
stated that new rules 47 CFR Sections
76.1001(b)(2) and 76.1003(1) and the
amendment to 47 CFR Section
76.1003(c)(3) will become effective after
the Commission publishes a document
in the Federal Register announcing
when OMB approval for the information
collection requirements associated with
these rules has been received and when
the revised rules will take effect. This
document is consistent with the
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34941
statement in the First Report and Order.
Therefore, these rules will take effect on
June 21, 2010.
DATES: 47 CFR Sections 76.1001(b)(2)
and 76.1003(l), and the amendment to
47 CFR Section 76.1003(c)(3) published
at 75 FR 9692, March 3, 2010 are
effective on June 21, 2010.
FOR FURTHER INFORMATION CONTACT:
Cathy Williams, cathy.williams@fcc.gov
or on (202) 418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on June 14,
2010, OMB approved, for a period of
three years, the information collection
requirement(s) contained in new rules
47 CFR Sections 76.1001(b)(2) and
76.1003(l), and the amendment to 47
CFR 76.1003(c)(3). The Commission
publishes this document to announce
the effective date of these rules.
SYNOPSIS
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on June
14, 2010, for the information collection
requirement(s) contained in new rules
47 CFR Sections 76.1001(b)(2) and
76.1003(l), and the amendment to 47
CFR 76.1003(c)(3).
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB Control Number.
The OMB Control Number is 3060–
0888 and the total annual reporting
burdens for respondents for these
information collections are as follows:
OMB Control Number: 3060–0888.
OMB Approval Date: June 14, 2010.
Expiration Date: June 30, 2013.
Title: Section 76.7, Petition
Procedures; Section 76.9,
Confidentiality of Proprietary
Information; Section 76.61, Dispute
Concerning Carriage; Section 76.914,
Revocation of Certification; Section
76.1001, Unfair Practices; Section
76.1003, Program Access Proceedings;
Section 76.1302, Carriage Agreement
Proceedings; Section 76.1513, Open
Video Dispute Resolution.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit entities.
Number of Respondents and
Responses: 640 respondents; 640
responses.
Estimated Time per Response: 4.5 –
67.5 hours.
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]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34939-34941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14902]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-OH-0003; FRL-9159-3]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Final Approval and Promulgation of State Implementation Plans;
Carbon Monoxide and Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this action, under the Clean Air Act, we are: Approving
into the State Implementation Plan (SIP) certain regulation revisions
within Ohio Administrative Code (OAC) 3745-21 (Carbon Monoxide,
Photochemically Reactive Materials, Hydrocarbons, and related Materials
Standards) which have been adopted by the State; recognizing various
emission control exemptions that have been granted for miscellaneous
metal coating operations under OAC 3745-21-09(U)(2)(f); and taking no
action on certain regulation revisions. We proposed to take these
actions in a document published on January 22, 2010, and received no
comments.
DATES: This final rule is effective on July 21, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2005-OH-0003. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Anthony Maietta,
Environmental Protection Specialist, at (312) 353-8777 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Criteria Pollutant Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777;
maietta.anthony@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 were EPA's proposed actions?
II. Public Comments and EPA Responses
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What were EPA's proposed actions?
This action addresses revisions to OAC 3745-21 in a set of
submittals dated October 9, 2000, February 6, 2001, and August 3, 2001;
and also addresses revisions to OAC 3745-21, submitted on June 24,
2003, as part of Ohio's five-year rule review process. On January 22,
2010 (75 FR 3668), EPA proposed a variety of actions regarding
revisions to OAC 3745-21. We proposed to approve: (1) Revisions to the
rules which corrected grammar and spelling mistakes; (2) revisions to
attainment dates and compliance schedules listed within the rules; (3)
clarifications which made hard-to-interpret portions of the rules
easier to understand; (4) removal of an exemption for certain
geographic areas to carbon monoxide (CO) rules; and, (5) site specific
emissions limit amendments. Our proposed action contains more
information on the rule revisions submitted and our evaluation of them.
In our proposed action, we also provided extensive discussion
regarding a provision of 2745-21-09(U)(2)(f) authorizing alternate
miscellaneous metal coating limits in selected cases. EPA proposed to
recognize alternate limits that Ohio issued during a period when the
State had unilateral authority to do so. EPA also described a process
developed in concert with Ohio EPA for addressing future requests for
such alternate limits. Further discussion of this process, as well as
more information on the rule revisions submitted and our evaluation of
them, can be found in our proposed action.
We proposed conditional approval of PAC 3745-21-09(BBB)(1) (which
affects the BF Goodrich Company Akron Chemical Plant) and disapproval
of OAC 3745-21-09(U)(1)(h) (which affects sources conducting surface
coating of miscellaneous metal parts and products). For administrative
convenience, we will complete rulemaking on these portions of Ohio's
submittal in a later action.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period. We
did not receive any comments on the proposed action.
III. What action is EPA taking?
EPA today is only approving rules submitted by Ohio which have not
been separately approved. For the full listing of rules we proposed to
approve, please see the proposed rulemaking for today's action (75 FR
3668). In a separate rulemaking on July 28, 2009 (74 FR 37171), EPA has
already approved later versions of certain rules. Additional
information on the approval of these rules is provided in the proposal
for that action published on May 7, 2009, at 74 FR 21295.
EPA is fully approving into the Ohio SIP the following revised rule
paragraphs as adopted by the State of Ohio and as defined in Ohio's
submittals:
In OAC 3745-21-09, title, paragraphs (A)(4), (B)(3)(a), (B)(3)(d),
(B)(3)(e), (B)(3)(f), (B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a),
(B)(4)(b), (C)(4), (H)(1)(a), (H)(1)(b), (H)(3), (O)(5)(b), (O)(6)(a),
(O)(6)(b), (R)(4), the portion of paragraph (U)(2)(e) which states
``Daily usage limitations included in (U)(2)(e)(i) through
(U)(2)(e)(iii) above shall not apply to coatings employed by the metal
parts or products coating line on parts or products which are not
metal'', (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b), (AA)(1)(c), (FF)(1),
(II)(2), (II)(3), (II)(4), (KK)(1), (NN)(1), (NN)(2), (NN)(3),(NN)(4),
(NN)(5), (OO), (OO)(1), (OO)(2), (OO)(3), (OO)(4), (PP)(2), (UU)(3),
(AAA), (DDD), and Appendix A.
EPA is taking no action on revisions to 3745-21-09(U)(2)(f), from
both the October 9, 2000, and June 24, 2003, submittals, because EPA
approved a later version of this paragraph on July 28, 2009 (74 FR
37171). EPA will continue to honor exemptions granted by Ohio under
this rule as it existed in the SIP after May 5, 1995, but prior to June
15, 1999. This leaves two time periods in which Ohio issued permits and
amendments for which there are two separate methods to incorporate
affected permits and amendments into the SIP: Prior to May 5, 1995, and
after June 15, 1999. EPA will address any
[[Page 34940]]
exemptions granted prior to May 5, 1995, in a separate rulemaking after
we work with Ohio EPA to determine the proper course of action for
dealing with these sources. EPA will address any sources seeking
alternate limits under this paragraph after June 15, 1999, as they will
be subject to limits which result from the ongoing EPA and Ohio EPA
resolution of this matter.
EPA is also taking no action on revisions to OAC 3725-21 chapters
01, 02, 03, 04, 06, 08, and 10 because newer versions of these chapters
were approved and incorporated into Ohio's SIP in a subsequent
rulemaking (74 FR 37171).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 August 20, 2010. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Volatile
organic compounds.
Dated: May 20, 2010.
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 paragraphs (c)(102)(i)(C)(1)
and (c)(149) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(102) * * *
(i) * * *
(C) * * *
(1) Previously approved on October 31, 1995 in paragraph
(c)(102)(i)(C) of this section and now deleted without replacement:
OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile Organic
Compounds from Stationary Sources, Paragraph (AAA), as adopted by Ohio
on October 25, 2002, effective on November 5, 2002.
* * * * *
(149) On October 9, 2000, February 6, 2001, August 3, 2001, and
June 24, 2003, Ohio submitted revisions to Ohio Administrative Code
(OAC) Chapter 3745-21 to address a variety of changes to its Carbon
Monoxide and Volatile Organic Compounds regulations. The pertinent
provisions are in OAC 3745-21-09; for other rules in these submittals,
later versions have been addressed in separate rulemaking (see
paragraph 146 of this section).
(i) Incorporation by reference.
(A) The following paragraphs of OAC 3745-21-09, entitled ``Control
of emissions of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities,'' as adopted by Ohio on
October 25, 2002, effective on November 5, 2002:
(1) Paragraphs (A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e), (B)(3)(f),
(B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b), (C)(4), (H)(1),
(H)(3), (O)(5)(b), (O)(6), (R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b),
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), (KK)(1), (NN), (OO),
(PP)(2), (UU)(3), (DDD), and Appendix A.
(2) Within paragraph (U), the undesignated paragraph following
(U)(2)(e).
(B) October 25, 2002, ``Director's Final Findings and Orders'',
signed by Christopher Jones, Director, Ohio Environmental Protection
Agency.
(ii) Additional Information. The following permits to install
authorizing exemptions under OAC Rule 3745-21-09(U)(2)(f) were issued
by Ohio during the time period when the State had unilateral authority
to issue them.
[[Page 34941]]
(A) Permit To Install issued by the State Of Ohio to Chase
Industries, Inc, Cincinnati, OH, on June 24, 1998, for emissions unit
K002, pursuant to application number 14-4578.
(B) Permit To Install issued by the State Of Ohio to CAE Ransohoff,
Inc., Union, OH, on March 5, 1997, for emissions units K001 and K002,
pursuant to application number 14-4268.
(C) Permit To Install issued by the State Of Ohio to Phoenix
Presentations, Inc., Butler County, OH, on January 21, 1999, for
emissions units R001, R002, and R003, pursuant to application number
14-4612.
(D) Permit To Install issued by the State Of Ohio to CTL Aerospace,
Inc., Cincinnati, OH, on August 19, 1998, for emissions unit R005,
pursuant to application number 14-4572.
(E) Permit To Install issued by the State Of Ohio to Hamilton
Fixture, Hamilton, OH, on April 24, 1996, for emissions unit R006,
pursuant to application number 14-4014.
(F) Permit To Install issued by the State Of Ohio to Lt. Moses
Willard, Inc., Milford, OH, on December 23, 1997, for emissions units
K001 and K002, pursuant to application number 14-4220.
(G) Permit To Install issued by the State Of Ohio to WHM Equipment
Co., Cincinnati, OH, on May 28, 1997, for emissions unit K001, pursuant
to application number 14-4348.
(H) Permit To Install issued by the State Of Ohio to Panel-Fab,
Inc., Cincinnati, OH, on June 12, 1996, for emissions unit K001,
pursuant to application number 14-4027.
(I) Permit To Install issued by the State Of Ohio to Cincinnati Fan
& Ventilator, Mason, OH, on June 15, 1995, for emissions unit K003,
pursuant to application number 14-3774.
(J) Permit To Install issued by the State Of Ohio to Honda of
America Manufacturing, Inc., Marysville, OH, on December 24, 1997, for
emissions units R003, and R103, pursuant to application number 01-6743.
(K) Permit To Install issued by the State Of Ohio to Durr Ecoclean,
Inc. (formerly Henry Filters, Inc.), Bowling Green, OH, on June 26,
1996, for emissions unit K001 pursuant to application number 03-9510.
(L) Permit To Install issued by the State Of Ohio to Honda of
America Manufacturing, Inc., East Liberty, OH, on April 17, 1996, for
emissions units K009 and K013, pursuant to application number 05-7923.
(M) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Stolle Corporation, Stolle Products Division), Sidney,
OH, on September 13, 1995, K045, pursuant to application number 05-
7329.
(N) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Stolle Products), Sidney, OH, on December 3, 1998, for
emissions unit K048, pursuant to application number 05-9516.
(O) Permit To Install issued by the State Of Ohio to Hawkline
Nevada, LLC (formerly Trinity Industries, Inc.), Plant 101, Mt. Orab,
OH, on February 28, 1996, for emissions unit K001, pursuant to
application number 07-407.
(P) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Superior Metal Products), Lima, OH, on July 23, 1997, for
emissions unit K002, pursuant to application number 03-0397.
[FR Doc. 2010-14902 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P
