Approval and Promulgation of Implementation Plans; Ohio; Volatile Organic Compound Emission Control Measures for the Cleveland Ozone Nonattainment Area, 24990-24992 [2013-08691]
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24990
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations
7. Unfunded Mandates Reform Act
14. Environment
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.
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
establishing a regulated navigation area
of a 300-foot diameter, extending the
entire water column from the water
surface to the seabed. This rule 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.
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.
10. Protection of Children From
Environmental Health Risks
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
emcdonald on DSK67QTVN1PROD with RULES
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
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.
16:23 Apr 26, 2013
Jkt 229001
Harbors, Marine Safety, Navigation
(Water), Reporting and recordkeeping
requirements, Security measurers,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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.
VerDate Mar<15>2010
List of Subjects in 33 CFR Part 165
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 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 § 165.840 to read as follows:
§ 165.840 Regulated Navigation Area, Gulf
of Mexico: Mississippi Canyon Block 20,
South of New Orleans, LA.
(a) Effective date. This section is
effective on April 4, 2013.
(b) Location. The following area is a
Regulated Navigation Area: A 300-foot
diameter area at the water surface
centered on the following coordinates:
28°52′17″ N 089°10′50″ W, and
extending the entire water column from
the surface to the seabed.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.13 of this part, all
vessels are prohibited from anchoring,
mooring or loitering in the above
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described area except as authorized by
the Captain of the Port, New Orleans.
(2) Persons or vessels requiring
deviations from this rule must request
permission from the Captain of the Port
New Orleans. The Captain of the Port
New Orleans may be contacted by
telephone at (504) 365–2200.
Dated: April 4, 2013.
R. A. Nash,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2013–09994 Filed 4–26–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0595; FRL–9790–3]
Approval and Promulgation of
Implementation Plans; Ohio; Volatile
Organic Compound Emission Control
Measures for the Cleveland Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving into the
Ohio State Implementation Plan (SIP),
several volatile organic compound
(VOC) rules that were submitted by the
Ohio Environmental Protection Agency
(Ohio EPA) on June 1, 2011. These
rules, which include the source
categories covered by the Control
Technique Guideline (CTG) documents
issued in 2008, as well as several other
miscellaneous rule revisions, will help
Ohio’s effort to attain the 2008 ozone
standard. These rules are being
approved because they are consistent
with the CTG documents issued by EPA
in 2008, and satisfy the reasonably
available control technology (RACT)
requirements of the Clean Air Act (Act).
EPA proposed these rules for approval
on May 25, 2012, and received no
comments.
DATES: This final rule is effective on
May 29, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0595. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
SUMMARY:
E:\FR\FM\29APR1.SGM
29APR1
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Steven
Rosenthal, Environmental Engineer, at
(312) 886–6052 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment 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:
I. What public comments were received on
the proposed approval and what is EPA’s
response?
II. What action is EPA taking today and what
is the purpose of this action?
III. Statutory and Executive Order Reviews
emcdonald on DSK67QTVN1PROD with RULES
I. What public comments were received
on the proposed approval and what is
EPA’s response?
EPA proposed these rules for approval
on May 25, 2012 (77 FR 31265), and
received no comments.
II. What action is EPA taking today and
what is the purpose of this action?
EPA is approving into the Ohio SIP
several new VOC and amended VOC
rules under Chapter 3745–21 of the
Ohio Administrative Code (OAC). These
include new fiberglass boat
manufacturing, miscellaneous industrial
adhesives, and automobile and lightduty truck assembly coatings rules,
which are consistent with the CTGs
issued in 2008, as well as revisions to
definitions and rules for the control of
VOC emissions from stationary sources,
storage of volatile organic liquids,
industrial cleaning solvents, and
flatwood paneling coatings. These rules
are approvable because they are
consistent with the CTG documents
issued by EPA in 2008, and satisfy the
RACT requirements of the Act. These
VOC rules will help Ohio’s effort to
attain the 2008 ozone standard.
EPA is also approving into the Ohio
SIP amendments to OAC 3745–72,
which contain its Low Reid Vapor
Pressure Fuel Requirements, so that it is
consistent with EPA requirements
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14:12 Apr 26, 2013
Jkt 229001
regarding special provisions for alcohol
blends.
III. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 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 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
PO 00000
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Fmt 4700
Sfmt 4700
24991
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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 28, 2013. 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: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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
adding paragraph (c)(158) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(158) On June 1, 2011, the Ohio
Environmental Protection Agency (Ohio
EPA) submitted several volatile organic
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24992
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations
compound (VOC) rules for approval into
the Ohio State Implementation Plan.
These rules include the source
categories covered by the Control
Technique Guideline (CTG) documents
issued in 2008, as well as several other
miscellaneous rule revisions.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–01 ‘‘Definitions.’’, effective
May 12, 2011.
(B) Ohio Administrative Code Rule
3745–21–09 ‘‘Control of emissions of
volatile organic compounds from
stationary sources and
perchloroethylene from dry cleaning
facilities.’’, effective May 12, 2011,
except for paragraph (U)(1)(h).
(C) Ohio Administrative Code Rule
3745–21–21 ‘‘Storage of volatile organic
liquids in fixed roof tanks and external
floating roof tanks.’’, effective May 12,
2011.
(D) Ohio Administrative Code Rule
3745–21–23 ‘‘Control of volatile organic
compound emissions from industrial
solvent cleaning operations.’’, effective
May 12, 2011.
(E) Ohio Administrative Code Rule
3745–21–24 ‘‘Flat wood paneling
coatings.’’, effective May 12, 2011.
(F) Ohio Administrative Code Rule
3745–21–27 ‘‘Boat manufacturing.’’,
effective May 12, 2011.
(G) Ohio Administrative Code Rule
3745–21–28 ‘‘Miscellaneous industrial
adhesives and sealants’’, effective May
12, 2011.
(H) Ohio Administrative Code Rule
3745–21–29 ‘‘Control of volatile organic
compound emissions from automobile
and light-duty truck assembly coating
operations, heavier vehicle assembly
coating operations, and cleaning
operations associated with these coating
operations.’’, effective May 12, 2011.
(I) Ohio Administrative Code Rule
3745–72–02 ‘‘Definitions.’’, effective
May 12, 2011.
(J) Ohio Administrative Code Rule
3745–72–05 ‘‘Liability.’’, effective May
12, 2011.
(K) Ohio Administrative Code Rule
3745–72–06 ‘‘Defenses.’’, effective May
12, 2011.
(L) May 2, 2011, ‘‘Director’s Final
Findings and Orders,’’ signed by Scott J.
Nally, Director, Ohio Environmental
Protection Agency.
[FR Doc. 2013–08691 Filed 4–26–13; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
14:12 Apr 26, 2013
Jkt 229001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On February 11, 2013 (78 FR 9648),
Approval and Promulgation of Air
EPA published a notice of proposed
Quality Implementation Plans; District
rulemaking (NPR) for the District of
of Columbia; Volatile Organic
Columbia. The NPR proposed approval
Compounds Emissions Reductions
of amendments to Chapters 1 and 7 of
Regulations
Title 20 (Environment) of the DCMR for
the control of VOCs to meet the
AGENCY: Environmental Protection
requirement to adopt RACT and
Agency (EPA).
negative declarations for various VOC
ACTION: Final rule.
source categories. The formal SIP
revision was submitted by the District of
SUMMARY: EPA is approving a State
Columbia on January 26, 2010, March
Implementation Plan (SIP) revision
24, 2011, and March 15, 2012. The SIP
submitted by the District of Columbia.
revision amends the District’s
This SIP revision consists of
regulations to impose the VOC RACT
amendments to Chapters 1 and 7 of Title requirements as recommended by OTC’s
20 (Environment) of the District of
model rules for consumer products,
Columbia Municipal Regulations
adhesives and sealants, architectural
(DCMR) for the Control of Volatile
and industrial maintenance, portable
Organic Compounds (VOC) to meet the
fuel containers and spouts, and solvent
requirement to adopt reasonably
cleaning and also include VOC RACT
available control technology (RACT) for requirements consistent with EPA’s
sources as recommended by the Ozone
CTGs for flexible packaging and
Transport Commission (OTC) model
printing, large appliance coatings, metal
rules and EPA’s Control Techniques
furniture coatings, and miscellaneous
Guidelines (CTG) standards. This SIP
metal products and plastic parts
revision also includes negative
coatings, lithographic and letterpress
declarations for various VOC source
printing, miscellaneous industrial
categories. EPA is approving the
adhesives, and industrial cleaning
regulation changes and the negative
solvents. The SIP revision also consists
declarations in accordance with the
of negative declarations for the
requirements of the Clean Air Act
following VOC source categories: Auto
(CAA).
and Light-duty Truck Assembly
DATES: This final rule is effective on
Coatings; Fiberglass Boat Manufacturing
May 29, 2013.
Materials; Paper, Film and Foil
Coatings; and Flatwood Paneling. EPA
ADDRESSES: EPA has established a
received no adverse comments on the
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0965. All NPR to approve the District of
Columbia’s SIP revision. A more
documents in the docket are listed in
complete explanation of the
the www.regulations.gov Web site.
Although listed in the electronic docket, amendments and the rationale for EPA’s
proposed action is explained in the
some information is not publicly
technical support document and the
available, i.e., confidential business
NPR in support of this final rulemaking
information (CBI) or other information
whose disclosure is restricted by statute. and will not be restated here.
Certain other material, such as
II. Final Action
copyrighted material, is not placed on
EPA is approving the District of
the Internet and will be publicly
Columbia’s SIP revisions adopting VOC
available only in hard copy form.
RACT requirements for various source
Publicly available docket materials are
categories. EPA is also approving the
available either electronically through
www.regulations.gov or in hard copy for District’s negative declarations pursuant
to section 182(b)(2)(A) of the CAA for
public inspection during normal
those CTG categories where no sources
business hours at the Air Protection
Division, U.S. Environmental Protection are located in the District.
[EPA–R03–OAR–2012–0965; FRL–9806–6]
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the District of Columbia.
Department of the Environment, Air
Quality Division, 1200 1st Street NE.,
5th floor, Washington, DC 20002.
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Fmt 4700
Sfmt 4700
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
E:\FR\FM\29APR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Rules and Regulations]
[Pages 24990-24992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08691]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0595; FRL-9790-3]
Approval and Promulgation of Implementation Plans; Ohio; Volatile
Organic Compound Emission Control Measures for the Cleveland Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving into the Ohio State Implementation Plan
(SIP), several volatile organic compound (VOC) rules that were
submitted by the Ohio Environmental Protection Agency (Ohio EPA) on
June 1, 2011. These rules, which include the source categories covered
by the Control Technique Guideline (CTG) documents issued in 2008, as
well as several other miscellaneous rule revisions, will help Ohio's
effort to attain the 2008 ozone standard. These rules are being
approved because they are consistent with the CTG documents issued by
EPA in 2008, and satisfy the reasonably available control technology
(RACT) requirements of the Clean Air Act (Act). EPA proposed these
rules for approval on May 25, 2012, and received no comments.
DATES: This final rule is effective on May 29, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0595. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly
[[Page 24991]]
available only in hard copy form. Publicly available docket materials
are available either electronically through www.regulations.gov or in
hard copy at the Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
This facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We recommend that you telephone
Steven Rosenthal, Environmental Engineer, at (312) 886-6052 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment 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:
I. What public comments were received on the proposed approval and
what is EPA's response?
II. What action is EPA taking today and what is the purpose of this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval and what
is EPA's response?
EPA proposed these rules for approval on May 25, 2012 (77 FR
31265), and received no comments.
II. What action is EPA taking today and what is the purpose of this
action?
EPA is approving into the Ohio SIP several new VOC and amended VOC
rules under Chapter 3745-21 of the Ohio Administrative Code (OAC).
These include new fiberglass boat manufacturing, miscellaneous
industrial adhesives, and automobile and light-duty truck assembly
coatings rules, which are consistent with the CTGs issued in 2008, as
well as revisions to definitions and rules for the control of VOC
emissions from stationary sources, storage of volatile organic liquids,
industrial cleaning solvents, and flatwood paneling coatings. These
rules are approvable because they are consistent with the CTG documents
issued by EPA in 2008, and satisfy the RACT requirements of the Act.
These VOC rules will help Ohio's effort to attain the 2008 ozone
standard.
EPA is also approving into the Ohio SIP amendments to OAC 3745-72,
which contain its Low Reid Vapor Pressure Fuel Requirements, so that it
is consistent with EPA requirements regarding special provisions for
alcohol blends.
III. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 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 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 28, 2013. 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: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 adding paragraph (c)(158) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(158) On June 1, 2011, the Ohio Environmental Protection Agency
(Ohio EPA) submitted several volatile organic
[[Page 24992]]
compound (VOC) rules for approval into the Ohio State Implementation
Plan. These rules include the source categories covered by the Control
Technique Guideline (CTG) documents issued in 2008, as well as several
other miscellaneous rule revisions.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'',
effective May 12, 2011.
(B) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions
of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities.'', effective May 12,
2011, except for paragraph (U)(1)(h).
(C) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile
organic liquids in fixed roof tanks and external floating roof
tanks.'', effective May 12, 2011.
(D) Ohio Administrative Code Rule 3745-21-23 ``Control of volatile
organic compound emissions from industrial solvent cleaning
operations.'', effective May 12, 2011.
(E) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling
coatings.'', effective May 12, 2011.
(F) Ohio Administrative Code Rule 3745-21-27 ``Boat
manufacturing.'', effective May 12, 2011.
(G) Ohio Administrative Code Rule 3745-21-28 ``Miscellaneous
industrial adhesives and sealants'', effective May 12, 2011.
(H) Ohio Administrative Code Rule 3745-21-29 ``Control of volatile
organic compound emissions from automobile and light-duty truck
assembly coating operations, heavier vehicle assembly coating
operations, and cleaning operations associated with these coating
operations.'', effective May 12, 2011.
(I) Ohio Administrative Code Rule 3745-72-02 ``Definitions.'',
effective May 12, 2011.
(J) Ohio Administrative Code Rule 3745-72-05 ``Liability.'',
effective May 12, 2011.
(K) Ohio Administrative Code Rule 3745-72-06 ``Defenses.'',
effective May 12, 2011.
(L) May 2, 2011, ``Director's Final Findings and Orders,'' signed
by Scott J. Nally, Director, Ohio Environmental Protection Agency.
[FR Doc. 2013-08691 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P
