Oil Pollution Prevention, 18894 [2011-8328]
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18894
Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations
I. What public comments were received
on the proposed approval and what is
EPA’s response?
No comments were received.
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II. What action is EPA taking today and
what is the purpose of this action?
EPA is approving Ohio’s revised offset
lithographic and letterpress printing
rule (OAC 3745–21–22), submitted to
EPA on March 9, 2010, into the Ohio
SIP. This VOC rule applies to offset
lithographic and letterpress printing
operations in Ashtabula, Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage
and Summit Counties. The primary
purpose of this action is to allow an
alternative for demonstrating
compliance with add-on control
requirements, and to specify
recordkeeping requirements, when a
recipe log is maintained for each batch
of fountain solution or cleaning
solution.
In EPA’s December 30, 2010, proposal
(75 FR 82363), we present a detailed
legal and technical analysis of the
State’s submission. The reader is
referred to that notice for additional
background on the submission and the
bases for EPA’s approval.
III. 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
VerDate Mar<15>2010
15:31 Apr 05, 2011
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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 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 6, 2011. 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).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 10, 2011.
Susan Hedman,
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 paragraph (c)(152) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(152) On March 9, 2010, the Ohio
Environmental Protection Agency (Ohio
EPA) submitted revisions to its
previously approved offset lithographic
and letterpress printing volatile organic
compound (VOC) rule for approval into
its state implementation plan (SIP). This
submittal revises certain compliance
dates and recordkeeping requirements.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–22 ‘‘Control of volatile organic
compound emissions from offset
lithographic printing and letterpress
printing facilities.’’, effective February
10, 2010.
(B) January 29, 2010, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio EPA.
[FR Doc. 2011–8167 Filed 4–5–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 112
Oil Pollution Prevention
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 100 to 135, revised as
of July 1, 2010, on page 71, in Appendix
E to Part 112, the second section 5.1 is
removed.
[FR Doc. 2011–8328 Filed 4–5–11; 8:45 am]
BILLING CODE 1505–01–D
E:\FR\FM\06APR1.SGM
06APR1
Agencies
[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Rules and Regulations]
[Page 18894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8328]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112
Oil Pollution Prevention
CFR Correction
In Title 40 of the Code of Federal Regulations, Parts 100 to 135,
revised as of July 1, 2010, on page 71, in Appendix E to Part 112, the
second section 5.1 is removed.
[FR Doc. 2011-8328 Filed 4-5-11; 8:45 am]
BILLING CODE 1505-01-D