Approval and Promulgation of Air Quality Implementation Plans; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by Volatile Organic Compound Reasonably Available Control Technology Rules, 51901-51903 [2011-21225]
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
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Authority: Sections 1.550 to 1.562 issued
under 72 Stat. 1114; 38 U.S.C. 501.
PART 2—DELEGATIONS OF
AUTHORITY
11. The authority citation for part 2
continues to read as follows:
■
Authority: 5 U.S.C. 302, 552a; 38 U.S.C.
501, 512, 515, 1729, 1729A, 5711; 44 U.S.C.
3702, and as noted in specific sections.
12. Amend § 2.6 by:
a. Revising paragraph (e)(10).
b. Adding paragraph (g)(3).
c. Revising the authority citation at
the end of paragraph (g).
The revisions and addition read as
follows:
■
■
■
■
§ 2.6 Secretary’s delegations of authority
to certain officials (38 U.S.C. 512).
*
*
*
*
*
(e) * * *
(10) Except as prescribed in paragraph
(g)(3) of this section, the General
Counsel, Deputy General Counsel, and
the Assistant General Counsel for
Professional Staff Group IV are
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of Information Act, the Privacy Act, and
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(Authority: 38 U.S.C. 512)
*
*
*
*
*
(g) * * *
(3) The Office of Inspector General is
authorized to make final decisions on
appeals submitted pursuant to the
Freedom of Information Act concerning
any Office of Inspector General records.
(Authority: 38 U.S.C. 512)
[FR Doc. 2011–20774 Filed 8–18–11; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2008–0514; FRL–9451–1]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Control of Emissions of Organic
Materials That Are Not Regulated by
Volatile Organic Compound
Reasonably Available Control
Technology Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving, as part of
Ohio’s State Implementation Plan (SIP)
under the Clean Air Act (CAA), a
revised rule 3745–21–07, ‘‘Control of
emissions of organic materials from
SUMMARY:
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51901
stationary sources (i.e., emissions that
are not regulated by rule 3745–21–09,
3745–21–12, 3745–21–13, 3745–21–14,
3745–21–15, 3745–21–16, or 3745–21–
18 of the Administrative Code).’’ This
rule has been revised because the prior
version of 3745–21–07, in Ohio’s SIP,
has inadequate compliance test methods
and definitions. On February 8, 2008,
the previously existing rule 3745–21–
07, which was part of Ohio’s SIP, was
rescinded by Ohio EPA. The most
significant problem with the prior
version is the definition of
‘‘photochemically reactive material,’’
which is different than the definition of
‘‘volatile organic compounds’’ (VOC),
upon which EPA’s reasonably available
control technology (RACT) regulations
are based. The revised rule is
approvable because it satisfies the
applicable requirements for VOC
sources under the CAA. EPA proposed
this rule for approval on April 13, 2011,
and received no comments.
DATES: This final rule is effective on
September 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
EPA–R05–OAR–2008–0514. 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, Air Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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51902
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
I. What public comments were received on
the proposed approval?
II. What action is EPA taking today and what
is the basis of this action?
III. Statutory and Executive Order Reviews
I. What public comments were received
on the proposed approval?
EPA proposed to approve Ohio’s
revised rule Ohio Administrative Code
(OAC) 3745–21–07 on April 13, 2011, at
76 FR 20598. This rule consists of VOC
control requirements for sources not
subject to a VOC RACT regulation. No
comments were received on the
proposed approval.
II. What action is EPA taking today and
what is the basis of this action?
wreier-aviles on DSKDVH8Z91PROD with RULES
EPA is taking final action to approve
into Ohio’s SIP revised rule OAC 3745–
21–07, ‘‘Control of emissions of organic
materials from stationary sources.’’ This
rule regulates emissions that are not
regulated by rule 3745–21–09, 3745–21–
12, 3745–21–13, 3745–21–14, 3745–21–
15, 3745–21–16, or 3745–21–18 of the
Administrative Code. This rule was
submitted by the Ohio Environmental
Protection Agency (Ohio EPA) to EPA
on April 7, 2008, but was not
approvable at that time because both
sheet molding compound (SMC)
manufacturing operations and new or
modified sources after February 18,
2008, were exempted from that version
of the rule. However, on November 10,
2010, Ohio EPA submitted to EPA a new
Rule 3745–21–25 ‘‘Control of VOC
emissions from reinforced plastic
composites production operations,’’
which adequately regulates SMC
manufacturing operations and was
approved on July 13, 2011. Also, on
October 25, 2010, Ohio EPA submitted
a demonstration that the new 3745–21–
07 does not violate the requirements of
Section 110(l) of the CAA by not
applying to new or modified sources
after February 18, 2010. This
demonstration is discussed in detail in
the April 13, 2011 notice of proposed
rulemaking.
In conclusion, and as discussed in
more detail in the April 13, 2011 notice
of proposed rulemaking, this rule
satisfies RACT requirements and is
consistent with the CAA and EPA
regulations.
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,
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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 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
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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 October 18, 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).)
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: August 4, 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
revising paragraph (c)(114)(i)(A) and by
adding paragraph (c)(154) to read as
follows:
■
§ 52.1870
Identification of plan.
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*
*
*
*
(c) * * *
(114) * * *
(i) * * *
(A) Rule 3745–21–07 of the Ohio
Administrative Code, adopted October
7, 1996, effective October 31, 1996, as
certified by Donald R. Schregardus,
Director of the Ohio Environmental
Protection Agency. Rescinded in 2008;
see paragraph 154 of this section.
*
*
*
*
*
(154) On April 7, 2008, the Ohio
Environmental Protection Agency (Ohio
EPA) submitted revised rule ‘‘Control of
emissions of organic materials from
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
stationary sources (i.e., emissions that
are not regulated by rule 3745–21–09,
3745–21–12, 3745–21–13, 3745–21–14,
3745–21–15, 3745–21–16, or 3745–21–
18 of the Administrative Code).’’ On
February 8, 2008, the previously
existing rule 3745–21–07 was rescinded
by Ohio EPA.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–07 ‘‘Control of emissions of
organic materials from stationary
sources (i.e., emissions that are not
regulated by rule 3745–21–09, 3745–21–
12, 3745–21–13, 3745–21–14, 3745–21–
15, 3745–21–16, or 3745–21–18 of the
Administrative Code),’’ effective
February 18, 2008.
(B) February 18, 2008, ‘‘Director’s
Final Findings and Orders’’, signed by
Chris Korleski, Director, Ohio
Environmental Protection Agency.
(ii) Additional material.
(A) An October 25, 2010, letter from
Robert F. Hodanbosi, Chief Division of
Air Pollution Control of the Ohio
Environmental Protection Agency to
Susan Hedman, Regional Administrator,
containing documentation of
noninterference, under section 110(l) of
the Clean Air Act, of the less stringent
applicability cutoff for sheet mold
compound machines.
[FR Doc. 2011–21225 Filed 8–18–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0340; FRL–9454–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revised Definitions;
Construction Permit Program Fee
Increases; Regulation 3
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the two
State Implementation Plan (SIP)
revision packages submitted by the State
of Colorado on August 1, 2007. EPA is
approving the August 1, 2007 submittal
revisions to Regulation 3, Part A,
Section I where the State expanded on
the definition of nitrogen dioxide (NO2)
to include it as a precursor to ozone. An
increase in the amount of the fees
charged for pollutant emissions and
minor wording additions as specified in
Regulation 3, Part A, Section VI.D.1 is
approved. EPA is also approving one
grammatical change the State made to
Regulation 3 in the August 1, 2007
wreier-aviles on DSKDVH8Z91PROD with RULES
SUMMARY:
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submittal. In addition, EPA is taking no
action on several revisions to Colorado’s
Regulation 3 regarding New Source
Review (NSR), that are contained in this
submittal, where previously proposed,
pending, or future actions by EPA have
addressed or will address these
revisions. EPA is also not acting on
three provisions in the submittals that
are not in Colorado’s SIP and revisions
to the State’s requirements to file Air
Pollution Emission Notices (APENs).
This action is being taken under section
110 of the Clean Air Act (CAA).
DATES: EFFECTIVE DATE: This final rule is
effective September 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0340. All
documents in the docket are listed in
the https://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 https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Komp, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mail Code 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, telephone number (303)
312–6022, fax number (303) 312–6064,
komp.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
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51903
(v) The initials APEN mean or refer to
Air Pollutant Emission Notice.
(vi) The initials NSR mean or refer to
New Source Review, the initials PSD
mean or refer to Prevention of
Significant Deterioration and the initials
NAAQS mean or refer to National
Ambient Air Quality Standards.
(vii) The initials NO2 mean Nitrogen
Dioxide.
Table of Contents
I. Background Information
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background Information
The State’s August 1, 2007 submittal
consisted of two packages of revisions to
the State’s Regulation 3. The first
package of revisions was adopted by the
State on August 17, 2006 and corrected
minor issues EPA had identified
regarding Colorado’s NSR program. The
State adopted the revisions in order to
ensure that the State would continue to
have Federal approval of its NSR
program. In the definitions section of
Regulation 3, Part A, Section I.B.16,
Colorado adopted language to treat NO2
as an ozone precursor. The State added
in Part A, Section II.C.2.b(ii) under its
APEN requirements that an increase of
one ton per year or greater of nitrogen
oxides emissions from a source with
annual actual emissions less than one
hundred tons and located in an ozone
nonattainment area constituted a
significant change. A significant change
meant that a new APEN must be
submitted to the State.
In the same revision, Methyl Ethyl
Ketone was removed as a reportable
compound from Appendix B of
Regulation 3. The State added T-Butyl
Acetate as a non-criteria reportable
pollutant in Regulation 3, Appendix B.
The second package of revisions
adopted on December 14, 2006
contained annual emission fee increases
in Part A, Section VI.D.1 of Regulation
3. The increase in fees is used to pay for
the State’s increased workload from the
processing of APENs and permits.
One grammatical change was made by
the State in Part A, Section I.B.9.d. in
their Regulation 3. The grammatical
change is listed as follows:
• Section I.B.9.d. Applicable
Requirement.
The right double parenthesis around
the wording ‘‘Regulation No. 8’’ was
removed and replaced with a single
right parenthesis.
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]]>Agencies
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Rules and Regulations]
[Pages 51901-51903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21225]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0514; FRL-9451-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Control of Emissions of Organic Materials That Are Not Regulated
by Volatile Organic Compound Reasonably Available Control Technology
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, as part of Ohio's State Implementation Plan
(SIP) under the Clean Air Act (CAA), a revised rule 3745-21-07,
``Control of emissions of organic materials from stationary sources
(i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12,
3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the
Administrative Code).'' This rule has been revised because the prior
version of 3745-21-07, in Ohio's SIP, has inadequate compliance test
methods and definitions. On February 8, 2008, the previously existing
rule 3745-21-07, which was part of Ohio's SIP, was rescinded by Ohio
EPA. The most significant problem with the prior version is the
definition of ``photochemically reactive material,'' which is different
than the definition of ``volatile organic compounds'' (VOC), upon which
EPA's reasonably available control technology (RACT) regulations are
based. The revised rule is approvable because it satisfies the
applicable requirements for VOC sources under the CAA. EPA proposed
this rule for approval on April 13, 2011, and received no comments.
DATES: This final rule is effective on September 19, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2008-0514. 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, Air Planning and Maintenance Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6052.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
[[Page 51902]]
I. What public comments were received on the proposed approval?
II. What action is EPA taking today and what is the basis of this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval?
EPA proposed to approve Ohio's revised rule Ohio Administrative
Code (OAC) 3745-21-07 on April 13, 2011, at 76 FR 20598. This rule
consists of VOC control requirements for sources not subject to a VOC
RACT regulation. No comments were received on the proposed approval.
II. What action is EPA taking today and what is the basis of this
action?
EPA is taking final action to approve into Ohio's SIP revised rule
OAC 3745-21-07, ``Control of emissions of organic materials from
stationary sources.'' This rule regulates emissions that are not
regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, or 3745-21-18 of the Administrative Code. This rule
was submitted by the Ohio Environmental Protection Agency (Ohio EPA) to
EPA on April 7, 2008, but was not approvable at that time because both
sheet molding compound (SMC) manufacturing operations and new or
modified sources after February 18, 2008, were exempted from that
version of the rule. However, on November 10, 2010, Ohio EPA submitted
to EPA a new Rule 3745-21-25 ``Control of VOC emissions from reinforced
plastic composites production operations,'' which adequately regulates
SMC manufacturing operations and was approved on July 13, 2011. Also,
on October 25, 2010, Ohio EPA submitted a demonstration that the new
3745-21-07 does not violate the requirements of Section 110(l) of the
CAA by not applying to new or modified sources after February 18, 2010.
This demonstration is discussed in detail in the April 13, 2011 notice
of proposed rulemaking.
In conclusion, and as discussed in more detail in the April 13,
2011 notice of proposed rulemaking, this rule satisfies RACT
requirements and is consistent with the CAA and EPA regulations.
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 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 October 18, 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).)
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: August 4, 2011.
Susan Hedman,
Regional Administrator, Region 5.
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 revising paragraph (c)(114)(i)(A) and
by adding paragraph (c)(154) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(114) * * *
(i) * * *
(A) Rule 3745-21-07 of the Ohio Administrative Code, adopted
October 7, 1996, effective October 31, 1996, as certified by Donald R.
Schregardus, Director of the Ohio Environmental Protection Agency.
Rescinded in 2008; see paragraph 154 of this section.
* * * * *
(154) On April 7, 2008, the Ohio Environmental Protection Agency
(Ohio EPA) submitted revised rule ``Control of emissions of organic
materials from
[[Page 51903]]
stationary sources (i.e., emissions that are not regulated by rule
3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16,
or 3745-21-18 of the Administrative Code).'' On February 8, 2008, the
previously existing rule 3745-21-07 was rescinded by Ohio EPA.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-07 ``Control of emissions
of organic materials from stationary sources (i.e., emissions that are
not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14,
3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code),''
effective February 18, 2008.
(B) February 18, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(ii) Additional material.
(A) An October 25, 2010, letter from Robert F. Hodanbosi, Chief
Division of Air Pollution Control of the Ohio Environmental Protection
Agency to Susan Hedman, Regional Administrator, containing
documentation of noninterference, under section 110(l) of the Clean Air
Act, of the less stringent applicability cutoff for sheet mold compound
machines.
[FR Doc. 2011-21225 Filed 8-18-11; 8:45 am]
BILLING CODE 6560-50-P
