Oil Pollution Prevention, 18894 [2011-8328]

Download as PDF 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. erowe on DSK5CLS3C1PROD with RULES 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 Jkt 223001 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).) PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 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
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