Approval and Promulgation of Air Quality Implementation Plans; Ohio; PBR and PTIO, 59751-59755 [2012-23987]
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
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13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
59751
(b) Effective and enforcement period.
This regulation is effective and will be
enforced between 4 a.m. and 5 p.m. on
September 28, 2012 and October 5 and
8, 2012. If the Captain of the Port elects
to suspend enforcement of this safety
zone before its effectiveness expires, he
will make the public aware of such
suspension via a local Broadcast Notice
to Mariners.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan or his designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Lake
Michigan is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port, Sector Lake Michigan, or his
on-scene representative.
Dated: September 21, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2012–24183 Filed 9–27–12; 4:15 pm]
BILLING CODE 9110–04–P
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0886 to read as
follows:
■
§ 165.T09–0886 Safety Zone; Submarine
Cable Installation Project, Chicago River,
Chicago, IL.
(a) Location. The safety zone will
encompass all waters of the Chicago
River (South Branch) in the vicinity of
the West Adams Street and West
Jackson Boulevard bridges.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1102; EPA–R05–
OAR–2008–0782; FRL–9714–7]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
PBR and PTIO
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving six Permitby-Rule (PBR) provisions, a Permit to
SUMMARY:
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
Install and Operate (PTIO) program, two
permanent exemptions from the Permit
to Install (PTI) requirement and a
general permit program as additions to
Ohio’s State Implementation Plan (SIP)
under the Clean Air Act. The Ohio
Environmental Protection Agency
(OEPA) has requested these rule
revisions to make its air pollution
permit program more efficient.
Approving these additions will make
the PBRs, PTIOs, and general permits
federally enforceable. Because these rule
revisions will make Ohio’s air permit
program more efficient while continuing
to protect human health and the
environment, EPA is taking direct final
action to approve the revisions.
DATES: This direct final rule will be
effective November 30, 2012, unless
EPA receives adverse comments by
October 31, 2012. 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–2007–1102; EPA–R05–OAR–
2008–0782, by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 385–5501.
4. Mail: Genevieve Damico, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Chief, Air Permits 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–
1102; EPA–R05–OAR–2008–0782.
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
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consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
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 Kaushal Gupta,
Environmental Engineer, at (312) 886–
6803 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kaushal Gupta, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6803,
gupta.kaushal@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 does this document address?
II. What program changes is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
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I. What does this document address?
This document addresses requests
from Ohio to incorporate the following
rules into the Ohio SIP.
1. PBR and Permanent Exemption
Provisions
Ohio’s federally approved
construction program, Ohio
Administrative Code (OAC) 3745–31
(‘‘Permits to Install New Sources of
Pollution’’) provides the authority for
OEPA to issue PTIs to new sources of
air pollution or modifications to existing
sources of air pollution. For attainment
areas, the program was conditionally
approved into Ohio’s SIP on October 10,
2001 (66 FR 51570) and fully approved
on January 22, 2003 (68 FR 2909). For
nonattainment areas, the program was
fully approved on January 10, 2003 (68
FR 1366). Included in this program at
OAC 3745–31–03 (‘‘Permit to install
exemptions’’) are exemptions from the
requirement to obtain a PTI before
constructing or modifying a source of air
pollution. The types of exemptions
include permanent exemptions, Federalbased exemptions, discretionary
exemptions, and PBR exemptions
(exempting certain sources from the PTI
requirement as long as they comply
with the relevant provisions of the PBR
rule).
On April 24, 2006, EPA received a
request from OEPA to approve the
addition of two permanent exemptions
and six PBR provisions to the SIP. This
document addresses the request.
2. PTIO and General Permit Programs
Prior to the rulemaking, a minor
source (that is, a source not subject to
Title V of the Clean Air Act) in Ohio
would be issued both a PTI under OAC
3745–31 and a Permit to Operate (PTO)
under OAC 3745–35 (‘‘Air Permits to
Operate and Variances’’). Ohio is now
combining both permit programs into a
new PTIO program. Under the PTIO
program, a minor source would be
issued one PTIO instead of a PTI and a
PTO.
On June 30, 2008, the state regulations
to implement the PTIO program became
effective and OAC 3745–35 was
rescinded. On July 18, 2008, OEPA
submitted to EPA a request to approve
the addition of the PTIO program and a
general permit program to the SIP. The
changes to Ohio’s SIP involve the
modification of various parts of OAC
3745–31, the removal of OAC 3745–35,
and the addition of OAC 3745–31–29 to
enable the issuance of federally
enforceable general PTIs and general
PTIOs. This document addresses the
request.
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II. What program changes is EPA
approving?
1. PBR and Permanent Exemption
Provisions
EPA is approving the requested
modifications and additions to the
permanent exemption and PBR
provisions in OAC 3745–31–03. The
significant changes are as follows.
The permanent exemption from the
requirement to obtain a PTI for organic
liquid storage tanks is being expanded
to cover larger tanks. Currently, the
exemption only applies to tanks with a
capacity less than 10,000-gallons; the
modification would exempt tanks of less
than 19,815-gallon capacity (except for
gasoline storage tanks at bulk gasoline
plants), tanks between 19,815 and
39,894-gallon capacity with maximum
true vapor pressure less than 2.176
pounds per square inch absolute (psia),
and tanks of 39,894-gallon or greater
capacity with maximum true vapor
pressure less than 0.508 psia. Note that
permanent exemptions under this rule
do not exempt any source from the
requirements of the Clean Air Act,
including but not limited to, being
considered for purposes of determining
whether a facility constitutes a major
source or being included in a Title V
permit application.
PBR exemptions from the requirement
to apply for individual PTIs are being
added for auto body refinishing
facilities, gasoline dispensing facilities
with Stage I controls, gasoline
dispensing facilities with Stage I and
Stage II controls, boilers and heaters,
small printing facilities, and mid-size
printing facilities that meet certain size,
throughput, and process requirements.
Each PBR exemption has requirements
for emission limitation and/or control,
monitoring and/or recordkeeping,
reporting, and testing. Furthermore, the
PBR exemptions rule now includes
general provisions for recordkeeping,
record retention, notification, and
reporting requirements that apply to all
sources utilizing the PBR exemptions.
The general provisions clarify that the
PBR exemptions do not exempt any
source from the requirements of the
Clean Air Act, including but not limited
to, being considered for purposes of
determining whether a facility
constitutes a major source or being
included in a Title V permit application.
In a December 1, 2008 letter, Ohio
provided technical support for the PBR
and PTIO provisions to demonstrate that
the provisions are protective of the
national ambient air quality standards,
prevention of significant deterioration
increments, reasonable further progress
demonstrations and visibility, and are
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not in violation of section 193 of the
Clean Air Act, ‘‘General Savings
Clause.’’
In a February 14, 2012 letter, Ohio
provided a survey of the estimated
emissions from the state’s organic liquid
storage tanks to demonstrate that the
modified permanent exemption for
organic liquid storage tanks would have
no negative impact on air quality. In a
May 24, 2012 email, Ohio clarified that
in the context of this exemption, an
‘‘organic liquid’’ is an organic
compound at the temperature and
pressure experienced inside the storage
tank, and that the organic liquid would
have to remain a liquid to qualify for the
exemption. The email further clarified
that the ‘‘submerged fill’’ mentioned in
this rule is the same as a ‘‘submerged fill
pipe’’ as defined in OAC 3745–21–
01(C)(6).
2. PTIO and General Permit Programs
OAC Chapter 3745–35, which
contained the rules for PTOs and
Federally Enforceable State Operating
Permits, is being rescinded in its
entirety from the SIP. OAC 3745–31–29
(‘‘General permits-to-install and general
PTIO’’) is being added to the SIP to
make Ohio’s general PTIs and general
PTIOs federally enforceable. General
PTIs and general PTIOs are based on
model permits issued by OEPA. Sources
may apply for coverage under a model
permit rather than apply for individual
permits. Only minor sources may
qualify for coverage under a general
permit.
Other, previously approved parts of
Ohio’s SIP are being modified as
follows:
a. OAC 3745–15–03 (‘‘Submission of
emission information’’), is being
modified to replace all instances of
‘‘Board Director’’ to ‘‘Director.’’
b. OAC 3745–31–01 (‘‘Definitions’’),
which provides definitions for the
permit program, is being expanded to
include definitions for ‘‘permits to
install and operate,’’ ‘‘PTIOs,’’ and
‘‘express permit processing.’’ The SIP
revision submittal includes changes to
the definitions of ‘‘Air contaminant
source’’ and ‘‘Major stationary source’’
but, per OEPA’s request in its July 18,
2008 submittal, we are not approving
these two changes at this time.
c. OAC 3745–31–02 (‘‘Requirements’’)
now requires sources to obtain PTIs or
PTIOs before installation or
modification, whether or not such
sources are subject to Title V of the
Clean Air Act (administered in Ohio
under OAC 3745–77). Existing PTIs and
PTOs remain effective until superseded
by PTIOs. Note that this rule no longer
contains the previously approved rule’s
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provisions applying to solid waste
disposal facilities and land application
of sludge.
d. OAC 3745–31–04 (‘‘Applications’’)
is being expanded to require PTIO
applications.
e. OAC 3745–31–05 (‘‘Criteria for
decision by the director’’) is being
expanded to require PTIOs to contain
the Best Available Technology (BAT),
which is a previously SIP-approved
requirement. Certain terms from the
rescinded OAC 3745–35, such as
conditional permits, are being
incorporated into the new PTIO rules.
Per Ohio’s request in its July 18, 2008
submittal, we are not presently
approving the provision that exempts
sources with the potential to emit less
than 10 tons per year from the BAT
requirement.
f. OAC 3745–31–06 (‘‘Termination’’)
is being rescinded in its entirety and
replaced by a new OAC 3745–31–06
(‘‘Completeness determination,
processing requirements, public
participation, public notice, and
issuance’’).
g. OAC 3745–31–07 (‘‘Revocation’’) is
being expanded to cover termination,
expiration, renewal, revision, and
transfer.
h. OAC 3745–31–08 (‘‘Procedure for
decision by director’’) is being rescinded
in its entirety and replaced by a new
OAC 3745–31–08 (‘‘Registration status
permit-to-operate’’) that provides the
ongoing requirements for non-Title V
sources that received registration status
under the rescinded OAC 3745–35.
i. OAC 3745–31–09 (‘‘Air permit-toinstall completeness determinations,
public participation, and public notice’’)
is being rescinded in its entirety and
replaced by a new OAC 3745–31–09
(‘‘Variances on operation’’) that has the
provisions for variances that were in the
rescinded 3745–35.
j. OAC 3745–31–10 (‘‘Air stationary
source obligations’’) is undergoing
relocation of certain terms to other parts
of the SIP.
k. OAC 3745–31–20 is undergoing
minor revisions to update rule citations.
l. OAC 3745–31–22 is undergoing
removal of two references to pollution
control projects, a component of
federally required New Source Review
(NSR) Reform regulations that was
vacated from the Federal NSR program.
III. What action is EPA taking?
EPA is approving the modification of
OAC 3745–31–03 to incorporate PBRs
for auto body refinishing facilities,
gasoline dispensing facilities with Stage
I controls, gasoline dispensing facilities
with Stage I and Stage II controls,
boilers and heaters, small printing
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facilities, and mid-size printing
facilities. EPA is approving the
modification of OAC 3745–31–03 to
incorporate permanent exemptions for
organic liquid storage tanks of less than
19,815-gallon capacity, between 19,815
and 39,894-gallon capacity, and tanks of
39,894-gallon or greater capacity. EPA is
approving the rescission of OAC 3745–
35 and the modification of OAC 3745–
15–03, 3745–31–01, 3745–31–02, 3745–
31–04, 3745–31–05, 3745–31–06, 3745–
31–07, 3745–31–08, 3745–31–09, 3745–
31–10, 3745–31–20, and 3745–31–22 to
accommodate Ohio’s PTIO program,
reorganize other provisions, and remove
vacated NSR Reform provisions. EPA is
approving OAC 3745–31–29, the
program for General PTIs and General
PTIOs, as an addition to the SIP.
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
comments are filed. This rule will be
effective November 30, 2012 without
further notice unless we receive relevant
adverse written comments by October
31, 2012. 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.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
November 30, 2012.
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
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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
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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 November 30,
2012. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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,
Reporting and recordkeeping
requirements.
Dated: July 20, 2012.
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.
2. Section 52.1870 is amended by
revising paragraphs (c)(42), (c)(51),
(c)(98)(i), and (c)(119)(i)(A), and by
adding paragraph (c)(156) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(42) On February 25, 1980, the State
of Ohio submitted the revised Ohio
Administrative Code (OAC) Rules 3745–
35–01 through 3745–35–04 which set
forth requirements for air permits to
operate and variances. These rules were
adopted on September 28, 1979 and
became effective in Ohio on November
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mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
7, 1979. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(51) On October 1, 1982, and February
28, 1983 the State of Ohio submitted
revisions to Ohio Administrative Code
(OAC) Rules 3745–35–03 which set
forth requirements for obtaining
variances. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(98) * * *
(i) Incorporation by reference. Rule
3745–35–07, adopted November 3,
1994, effective November 18, 1994.
Rescinded in 2008; see paragraph
(c)(156) of this section.
*
*
*
*
*
(119) * * *
(i) * * *
(A) Ohio Administrative Code 3745–
35–02, adopted April 4, 1994, effective
April 20, 1994. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(156) On April 24, 2006, Ohio EPA
submitted two permanent exemptions
from the Permit to Install program and
six Permit-by-Rule provisions for
approval into its SIP. On July 18, 2008,
Ohio EPA submitted provisions for a
Permit to Install and Operate (PTIO)
program and a general permit program
for approval into its SIP. The changes to
Ohio’s SIP involve the modification of
various parts of OAC 3745–31, the
removal of OAC 3745–35, and the
addition of OAC 3745–31–29 to enable
the issuance of federally enforceable
general PTIs and general PTIOs. On June
30, 2008, the state regulations to
implement the PTIO program became
effective and OAC 3745–35 was
rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio
Administrative Code Rule 3745–15–03,
‘‘Submission of emission information.’’,
effective June 30, 2008.
(B) Ohio Administrative Code Rule
3745–31–01, ‘‘Definitions.’’, effective
December 14, 2007, except for
paragraphs (I), (LLL)(2)(a)(xxi),
(LLL)(4)(t), and (QQQ)(1)(b).
(C) Ohio Administrative Code Rule
3745–31–02, ‘‘Applicability,
requirements, and obligations.’’,
effective June 30, 2008.
(D) Ohio Administrative Code Rule
3745–31–03, ‘‘Exemptions.’’, effective
June 30, 2008.
(E) Ohio Administrative Code Rule
3745–31–04, ‘‘Applications.’’, effective
June 30, 2008.
(F) Ohio Administrative Code Rule
3745–31–05, ‘‘Criteria for decision by
the director.’’, effective June 30, 2008,
except for paragraph (A)(3)(a)(ii).
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
(G) Ohio Administrative Code Rule
3745–31–06, ‘‘Completeness
determinations, processing
requirements, public participation,
public notice, and issuance.’’, effective
June 30, 2008.
(H) Ohio Administrative Code Rule
3745–31–07, ‘‘Termination, revocation,
expiration, renewal, revision and
transfer.’’, effective June 30, 2008.
(I) Ohio Administrative Code Rule
3745–31–08, ‘‘Registration status
permit-to-operate.’’, effective June 30,
2008.
(J) Ohio Administrative Code Rule
3745–31–09, ‘‘Variances on operation.’’,
effective June 30, 2008.
(K) Ohio Administrative Code Rule
3745–31–10, ‘‘NSR projects at existing
emissions units at a major stationary
source.’’, effective June 30, 2008.
(L) Ohio Administrative Code Rule
3745–31–20, ‘‘Attainment provisions—
innovative control technology.’’,
effective June 30, 2008.
(M) Ohio Administrative Code Rule
3745–31–22, ‘‘Nonattainment
provisions—conditions for approval.’’,
effective June 30, 2008.
(N) Ohio Administrative Code Rule
3745–31–29, ‘‘General permit-to-install
and general PTIO.’’, effective June 30,
2008.
(O) Ohio Administrative Code Rule
3745–31–32, ‘‘Plantwide applicability
limit (PAL).’’, effective June 30, 2008.
(P) Ohio Administrative Code Rule
3745–31–33, ‘‘Site preparation activities
prior to obtaining a final permit-toinstall or PTIO.’’, effective June 30,
2008.
(Q) June 2, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio EPA.
[FR Doc. 2012–23987 Filed 9–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0343; FRL–9734–5]
Approval and Promulgation of
Implementation Plans; Alabama
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the State Implementation Plan
(SIP) submission, submitted by the State
of Alabama, through the Alabama
SUMMARY:
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
59755
Department of Environmental
Management (ADEM), as demonstrating
that the State meets certain state
implementation plan (SIP) requirements
of sections 110(a)(1) and (2) of the Clean
Air Act (CAA or the Act) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that
each state adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. Alabama certified
that the Alabama SIP contains
provisions that ensure the 1997 annual
and 2006 24-hour PM2 NAAQS are
implemented, enforced, and maintained
in Alabama (hereafter referred to as
‘‘infrastructure submission’’). Alabama’s
infrastructure submissions, provided to
EPA on July 25, 2008, and September
23, 2009, addressed all the required
infrastructure elements for the 1997
annual and 2006 24-hour PM2.5 NAAQS
with the exception of sections
110(a)(2)(D)(i) and (E)(ii), which will be
addressed in separate actions.
DATES: This rule is effective October 31,
2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0343. 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 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 Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
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[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59751-59755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23987]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1102; EPA-R05-OAR-2008-0782; FRL-9714-7]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; PBR and PTIO
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving six Permit-by-Rule (PBR) provisions, a Permit
to
[[Page 59752]]
Install and Operate (PTIO) program, two permanent exemptions from the
Permit to Install (PTI) requirement and a general permit program as
additions to Ohio's State Implementation Plan (SIP) under the Clean Air
Act. The Ohio Environmental Protection Agency (OEPA) has requested
these rule revisions to make its air pollution permit program more
efficient. Approving these additions will make the PBRs, PTIOs, and
general permits federally enforceable. Because these rule revisions
will make Ohio's air permit program more efficient while continuing to
protect human health and the environment, EPA is taking direct final
action to approve the revisions.
DATES: This direct final rule will be effective November 30, 2012,
unless EPA receives adverse comments by October 31, 2012. 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-2007-1102; EPA-R05-OAR-2008-0782, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 385-5501.
4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico, Chief, Air Permits 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
2007-1102; EPA-R05-OAR-2008-0782. 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 email. 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 email comment directly to EPA without
going through www.regulations.gov your email 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 Kaushal Gupta, Environmental Engineer,
at (312) 886-6803 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kaushal Gupta, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6803, gupta.kaushal@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 does this document address?
II. What program changes is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What does this document address?
This document addresses requests from Ohio to incorporate the
following rules into the Ohio SIP.
1. PBR and Permanent Exemption Provisions
Ohio's federally approved construction program, Ohio Administrative
Code (OAC) 3745-31 (``Permits to Install New Sources of Pollution'')
provides the authority for OEPA to issue PTIs to new sources of air
pollution or modifications to existing sources of air pollution. For
attainment areas, the program was conditionally approved into Ohio's
SIP on October 10, 2001 (66 FR 51570) and fully approved on January 22,
2003 (68 FR 2909). For nonattainment areas, the program was fully
approved on January 10, 2003 (68 FR 1366). Included in this program at
OAC 3745-31-03 (``Permit to install exemptions'') are exemptions from
the requirement to obtain a PTI before constructing or modifying a
source of air pollution. The types of exemptions include permanent
exemptions, Federal-based exemptions, discretionary exemptions, and PBR
exemptions (exempting certain sources from the PTI requirement as long
as they comply with the relevant provisions of the PBR rule).
On April 24, 2006, EPA received a request from OEPA to approve the
addition of two permanent exemptions and six PBR provisions to the SIP.
This document addresses the request.
2. PTIO and General Permit Programs
Prior to the rulemaking, a minor source (that is, a source not
subject to Title V of the Clean Air Act) in Ohio would be issued both a
PTI under OAC 3745-31 and a Permit to Operate (PTO) under OAC 3745-35
(``Air Permits to Operate and Variances''). Ohio is now combining both
permit programs into a new PTIO program. Under the PTIO program, a
minor source would be issued one PTIO instead of a PTI and a PTO.
On June 30, 2008, the state regulations to implement the PTIO
program became effective and OAC 3745-35 was rescinded. On July 18,
2008, OEPA submitted to EPA a request to approve the addition of the
PTIO program and a general permit program to the SIP. The changes to
Ohio's SIP involve the modification of various parts of OAC 3745-31,
the removal of OAC 3745-35, and the addition of OAC 3745-31-29 to
enable the issuance of federally enforceable general PTIs and general
PTIOs. This document addresses the request.
[[Page 59753]]
II. What program changes is EPA approving?
1. PBR and Permanent Exemption Provisions
EPA is approving the requested modifications and additions to the
permanent exemption and PBR provisions in OAC 3745-31-03. The
significant changes are as follows.
The permanent exemption from the requirement to obtain a PTI for
organic liquid storage tanks is being expanded to cover larger tanks.
Currently, the exemption only applies to tanks with a capacity less
than 10,000-gallons; the modification would exempt tanks of less than
19,815-gallon capacity (except for gasoline storage tanks at bulk
gasoline plants), tanks between 19,815 and 39,894-gallon capacity with
maximum true vapor pressure less than 2.176 pounds per square inch
absolute (psia), and tanks of 39,894-gallon or greater capacity with
maximum true vapor pressure less than 0.508 psia. Note that permanent
exemptions under this rule do not exempt any source from the
requirements of the Clean Air Act, including but not limited to, being
considered for purposes of determining whether a facility constitutes a
major source or being included in a Title V permit application.
PBR exemptions from the requirement to apply for individual PTIs
are being added for auto body refinishing facilities, gasoline
dispensing facilities with Stage I controls, gasoline dispensing
facilities with Stage I and Stage II controls, boilers and heaters,
small printing facilities, and mid-size printing facilities that meet
certain size, throughput, and process requirements. Each PBR exemption
has requirements for emission limitation and/or control, monitoring
and/or recordkeeping, reporting, and testing. Furthermore, the PBR
exemptions rule now includes general provisions for recordkeeping,
record retention, notification, and reporting requirements that apply
to all sources utilizing the PBR exemptions. The general provisions
clarify that the PBR exemptions do not exempt any source from the
requirements of the Clean Air Act, including but not limited to, being
considered for purposes of determining whether a facility constitutes a
major source or being included in a Title V permit application.
In a December 1, 2008 letter, Ohio provided technical support for
the PBR and PTIO provisions to demonstrate that the provisions are
protective of the national ambient air quality standards, prevention of
significant deterioration increments, reasonable further progress
demonstrations and visibility, and are not in violation of section 193
of the Clean Air Act, ``General Savings Clause.''
In a February 14, 2012 letter, Ohio provided a survey of the
estimated emissions from the state's organic liquid storage tanks to
demonstrate that the modified permanent exemption for organic liquid
storage tanks would have no negative impact on air quality. In a May
24, 2012 email, Ohio clarified that in the context of this exemption,
an ``organic liquid'' is an organic compound at the temperature and
pressure experienced inside the storage tank, and that the organic
liquid would have to remain a liquid to qualify for the exemption. The
email further clarified that the ``submerged fill'' mentioned in this
rule is the same as a ``submerged fill pipe'' as defined in OAC 3745-
21-01(C)(6).
2. PTIO and General Permit Programs
OAC Chapter 3745-35, which contained the rules for PTOs and
Federally Enforceable State Operating Permits, is being rescinded in
its entirety from the SIP. OAC 3745-31-29 (``General permits-to-install
and general PTIO'') is being added to the SIP to make Ohio's general
PTIs and general PTIOs federally enforceable. General PTIs and general
PTIOs are based on model permits issued by OEPA. Sources may apply for
coverage under a model permit rather than apply for individual permits.
Only minor sources may qualify for coverage under a general permit.
Other, previously approved parts of Ohio's SIP are being modified
as follows:
a. OAC 3745-15-03 (``Submission of emission information''), is
being modified to replace all instances of ``Board Director'' to
``Director.''
b. OAC 3745-31-01 (``Definitions''), which provides definitions for
the permit program, is being expanded to include definitions for
``permits to install and operate,'' ``PTIOs,'' and ``express permit
processing.'' The SIP revision submittal includes changes to the
definitions of ``Air contaminant source'' and ``Major stationary
source'' but, per OEPA's request in its July 18, 2008 submittal, we are
not approving these two changes at this time.
c. OAC 3745-31-02 (``Requirements'') now requires sources to obtain
PTIs or PTIOs before installation or modification, whether or not such
sources are subject to Title V of the Clean Air Act (administered in
Ohio under OAC 3745-77). Existing PTIs and PTOs remain effective until
superseded by PTIOs. Note that this rule no longer contains the
previously approved rule's provisions applying to solid waste disposal
facilities and land application of sludge.
d. OAC 3745-31-04 (``Applications'') is being expanded to require
PTIO applications.
e. OAC 3745-31-05 (``Criteria for decision by the director'') is
being expanded to require PTIOs to contain the Best Available
Technology (BAT), which is a previously SIP-approved requirement.
Certain terms from the rescinded OAC 3745-35, such as conditional
permits, are being incorporated into the new PTIO rules. Per Ohio's
request in its July 18, 2008 submittal, we are not presently approving
the provision that exempts sources with the potential to emit less than
10 tons per year from the BAT requirement.
f. OAC 3745-31-06 (``Termination'') is being rescinded in its
entirety and replaced by a new OAC 3745-31-06 (``Completeness
determination, processing requirements, public participation, public
notice, and issuance'').
g. OAC 3745-31-07 (``Revocation'') is being expanded to cover
termination, expiration, renewal, revision, and transfer.
h. OAC 3745-31-08 (``Procedure for decision by director'') is being
rescinded in its entirety and replaced by a new OAC 3745-31-08
(``Registration status permit-to-operate'') that provides the ongoing
requirements for non-Title V sources that received registration status
under the rescinded OAC 3745-35.
i. OAC 3745-31-09 (``Air permit-to-install completeness
determinations, public participation, and public notice'') is being
rescinded in its entirety and replaced by a new OAC 3745-31-09
(``Variances on operation'') that has the provisions for variances that
were in the rescinded 3745-35.
j. OAC 3745-31-10 (``Air stationary source obligations'') is
undergoing relocation of certain terms to other parts of the SIP.
k. OAC 3745-31-20 is undergoing minor revisions to update rule
citations.
l. OAC 3745-31-22 is undergoing removal of two references to
pollution control projects, a component of federally required New
Source Review (NSR) Reform regulations that was vacated from the
Federal NSR program.
III. What action is EPA taking?
EPA is approving the modification of OAC 3745-31-03 to incorporate
PBRs for auto body refinishing facilities, gasoline dispensing
facilities with Stage I controls, gasoline dispensing facilities with
Stage I and Stage II controls, boilers and heaters, small printing
[[Page 59754]]
facilities, and mid-size printing facilities. EPA is approving the
modification of OAC 3745-31-03 to incorporate permanent exemptions for
organic liquid storage tanks of less than 19,815-gallon capacity,
between 19,815 and 39,894-gallon capacity, and tanks of 39,894-gallon
or greater capacity. EPA is approving the rescission of OAC 3745-35 and
the modification of OAC 3745-15-03, 3745-31-01, 3745-31-02, 3745-31-04,
3745-31-05, 3745-31-06, 3745-31-07, 3745-31-08, 3745-31-09, 3745-31-10,
3745-31-20, and 3745-31-22 to accommodate Ohio's PTIO program,
reorganize other provisions, and remove vacated NSR Reform provisions.
EPA is approving OAC 3745-31-29, the program for General PTIs and
General PTIOs, as an addition to the SIP.
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 comments are filed. This rule will be effective November 30,
2012 without further notice unless we receive relevant adverse written
comments by October 31, 2012. 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. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
November 30, 2012.
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 November 30, 2012. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Reporting and recordkeeping
requirements.
Dated: July 20, 2012.
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.
0
2. Section 52.1870 is amended by revising paragraphs (c)(42), (c)(51),
(c)(98)(i), and (c)(119)(i)(A), and by adding paragraph (c)(156) to
read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(42) On February 25, 1980, the State of Ohio submitted the revised
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04
which set forth requirements for air permits to operate and variances.
These rules were adopted on September 28, 1979 and became effective in
Ohio on November
[[Page 59755]]
7, 1979. Rescinded in 2008; see paragraph (c)(156) of this section.
* * * * *
(51) On October 1, 1982, and February 28, 1983 the State of Ohio
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03
which set forth requirements for obtaining variances. Rescinded in
2008; see paragraph (c)(156) of this section.
* * * * *
(98) * * *
(i) Incorporation by reference. Rule 3745-35-07, adopted November
3, 1994, effective November 18, 1994. Rescinded in 2008; see paragraph
(c)(156) of this section.
* * * * *
(119) * * *
(i) * * *
(A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994,
effective April 20, 1994. Rescinded in 2008; see paragraph (c)(156) of
this section.
* * * * *
(156) On April 24, 2006, Ohio EPA submitted two permanent
exemptions from the Permit to Install program and six Permit-by-Rule
provisions for approval into its SIP. On July 18, 2008, Ohio EPA
submitted provisions for a Permit to Install and Operate (PTIO) program
and a general permit program for approval into its SIP. The changes to
Ohio's SIP involve the modification of various parts of OAC 3745-31,
the removal of OAC 3745-35, and the addition of OAC 3745-31-29 to
enable the issuance of federally enforceable general PTIs and general
PTIOs. On June 30, 2008, the state regulations to implement the PTIO
program became effective and OAC 3745-35 was rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio Administrative Code Rule 3745-15-03,
``Submission of emission information.'', effective June 30, 2008.
(B) Ohio Administrative Code Rule 3745-31-01, ``Definitions.'',
effective December 14, 2007, except for paragraphs (I),
(LLL)(2)(a)(xxi), (LLL)(4)(t), and (QQQ)(1)(b).
(C) Ohio Administrative Code Rule 3745-31-02, ``Applicability,
requirements, and obligations.'', effective June 30, 2008.
(D) Ohio Administrative Code Rule 3745-31-03, ``Exemptions.'',
effective June 30, 2008.
(E) Ohio Administrative Code Rule 3745-31-04, ``Applications.'',
effective June 30, 2008.
(F) Ohio Administrative Code Rule 3745-31-05, ``Criteria for
decision by the director.'', effective June 30, 2008, except for
paragraph (A)(3)(a)(ii).
(G) Ohio Administrative Code Rule 3745-31-06, ``Completeness
determinations, processing requirements, public participation, public
notice, and issuance.'', effective June 30, 2008.
(H) Ohio Administrative Code Rule 3745-31-07, ``Termination,
revocation, expiration, renewal, revision and transfer.'', effective
June 30, 2008.
(I) Ohio Administrative Code Rule 3745-31-08, ``Registration status
permit-to-operate.'', effective June 30, 2008.
(J) Ohio Administrative Code Rule 3745-31-09, ``Variances on
operation.'', effective June 30, 2008.
(K) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at
existing emissions units at a major stationary source.'', effective
June 30, 2008.
(L) Ohio Administrative Code Rule 3745-31-20, ``Attainment
provisions--innovative control technology.'', effective June 30, 2008.
(M) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment
provisions--conditions for approval.'', effective June 30, 2008.
(N) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO.'', effective June 30, 2008.
(O) Ohio Administrative Code Rule 3745-31-32, ``Plantwide
applicability limit (PAL).'', effective June 30, 2008.
(P) Ohio Administrative Code Rule 3745-31-33, ``Site preparation
activities prior to obtaining a final permit-to-install or PTIO.'',
effective June 30, 2008.
(Q) June 2, 2008, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio EPA.
[FR Doc. 2012-23987 Filed 9-28-12; 8:45 am]
BILLING CODE 6560-50-P
