Air Plan Approval; Ohio; Removal of Gasoline Vapor Recovery Requirements, 71631-71633 [2016-24912]
Download as PDF
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
§ 71.11 Administrative record, public
participation, and administrative review.
*
*
*
*
*
(d) * * *
(3) * * *
(i) * * *
(E) Persons on a mailing list,
including those who request in writing
to be on the list. As part of this
requirement, the permitting authority
shall notify the public of the
opportunity to be put on the mailing list
by way of generally accepted methods
(e.g., hyperlink sign-up function or
radio button on an agency Web site,
sign-up sheet at a public hearing, etc.)
that enable interested parties to
subscribe to the mailing list. The
permitting authority may update the
mailing list from time to time by
requesting written indication of
continued interest from those listed.
The permitting authority may delete
from the list the name of any person
who fails to respond to such a request
within a reasonable timeframe.
(ii) By posting a notice on a public
Web site identified by the permitting
authority for the duration of the public
comment period. The notice shall be
consistent with paragraph (d)(4)(i) of
this section and be accompanied by a
copy of the draft permit.
*
*
*
*
*
(4) * * *
(i) * * *
(G) The physical location and/or Web
site address of the administrative
record, the times at which the record
will be open for public inspection, and
a statement that all data submitted by
the applicant are available as part of the
administrative record; and
*
*
*
*
*
Subpart B—Permits for Early
Reductions Sources
16. Section 71.27 is amended by
revising paragraphs (d)(3)(i)(E),
(d)(3)(ii), and (d)(4)(i)(F) and (G) and
adding paragraph (d)(4)(i)(H) to read as
follows:
■
§ 71.27
Public participation and appeal.
Lhorne on DSK30JT082PROD with RULES
*
12:31 Oct 17, 2016
Jkt 241001
PART 124—PROCEDURES FOR
DECISIONMAKING
the Director may use generally accepted
methods (e.g., hyperlink sign-up
function or radio button on an agency
Web site, sign-up sheet at a public
hearing, etc.) that enable interested
parties to subscribe to a mailing list. The
Director may update the mailing list
from time to time by requesting written
indication of continued interest from
those listed. The Director may delete
from the list the name of any person
who fails to respond to such a request
within a reasonable timeframe.
(B) In lieu of the requirement in
paragraph (c)(2)(i) of this section to
publish a notice in a daily or weekly
newspaper, the Director shall notify the
public by posting the following
information, for the duration of the
public comment period, on a public
Web site identified by the Director: A
notice of availability of the draft permit
for public comment (or the denial of the
permit application), the draft permit,
information on how to access the
administrative record, and information
on how to request and/or attend a
public hearing on the draft permit.
(C) In lieu of the requirement in
paragraph (d)(1)(vi) of this section to
specify a location of the administrative
record for the draft permit, the Director
may post the administrative record on
an identified public Web site.
*
*
*
*
*
[FR Doc. 2016–24911 Filed 10–17–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
17. The authority citation for part 124
continues to read as follows:
[EPA–R05–OAR–2015–0522; FRL–9954–21–
Region 5]
Authority: Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq.; Safe
Drinking Water Act, 42 U.S.C. 300f et seq.;
Clean Water Act, 33 U.S.C. 1251 et seq.;
Clean Air Act, 42 U.S.C. 7401 et seq.
Air Plan Approval; Ohio; Removal of
Gasoline Vapor Recovery
Requirements
■
Subpart A—General Program
Requirements
18. Section 124.10 is amended by
adding paragraph (c)(2)(iii) to read as
follows:
■
*
*
*
*
(d) * * *
(3) * * *
(i) * * *
(E) Persons on a mailing list,
including those who request in writing
to be on the list. As part of this
requirement, the Administrator shall
notify the public of the opportunity to
be put on the mailing list by way of
generally accepted methods (e.g.,
hyperlink sign-up function or radio
button on an agency Web site, sign-up
sheet at a public hearing, etc.) that
VerDate Sep<11>2014
enable interested parties to subscribe to
the mailing list. The Administrator may
update the mailing list from time to time
by requesting written indication of
continued interest from those listed.
The Administrator may delete from the
list the name of any person who fails to
respond to such a request within a
reasonable timeframe;
*
*
*
*
*
(ii) By posting a notice on a public
Web site identified by the Administrator
for the duration of the public comment
period. The notice shall be consistent
with paragraph (d)(4)(i) of this section
and be accompanied by a copy of the
draft permit.
*
*
*
*
*
(4) * * *
(i) * * *
(F) A brief description of the comment
procedures required by paragraphs (e)
and (f) of this section and the time and
place of any hearing that will be held,
including a statement of procedures to
request a hearing (unless a hearing has
already been scheduled) and other
procedures by which the public may
participate in the final permit decision;
(G) Any additional information
considered necessary or proper; and
(H) The physical location and/or Web
site address of the administrative
record, the times at which the record
will be open for public inspection and
a statement that all data submitted by
the applicant are available as part of the
administrative record.
*
*
*
*
*
71631
§ 124.10 Public notice of permit actions
and public comment period.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) For PSD permits:
(A) In lieu of the requirement in
paragraphs (c)(1)(ix)(B) and (C) of this
section regarding soliciting persons for
‘‘area lists’’ and notifying the public of
the opportunity to be on a mailing list,
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, as a revision
under the Clean Air Act (CAA) to the
Ohio state implementation plan (SIP),
submittals from the Ohio Environmental
Protection Agency (Ohio EPA) dated
July 15, 2015, and February 29, 2016.
The revision addresses the state’s Stage
II vapor recovery (Stage II) program for
the Cleveland, Cincinnati, and Dayton
ozone areas in Ohio. The revision
removes Stage II requirements for the
three areas as a component of the Ohio
ozone SIP. The revision also includes a
demonstration that addresses emission
SUMMARY:
E:\FR\FM\18OCR1.SGM
18OCR1
71632
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
Lhorne on DSK30JT082PROD with RULES
impacts associated with the removal of
the Stage II program. EPA proposed to
approve the state’s submittal on June 30,
2016, and received no comments.
DATES: This final rule is effective on
November 17, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2015–0522. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed by this
document?
On June 30, 2016, at 81 FR 42597,
EPA proposed to approve amendments
to OAC 3745–21–09 (DDD) that remove
Stage II requirements from the Ohio
ozone SIP and allow gasoline
dispensing facilities currently
implementing Stage II in the Cleveland,
Cincinnati and Dayton areas to
decommission their systems by 2017.
The revision included amended copies
of OAC 3745–21–09 (DDD), as adopted
on April 29, 2013, and January 17, 2014;
a summary of Ohio-specific
calculations, based on EPA guidance,
used to calculate program benefits and
demonstrate widespread use of onboard
refueling vapor recovery (ORVR) in
Ohio; and a CAA section 110(l)
demonstration that includes
documentation that analyzes the period,
2013–2017, when Stage II requirements
were waived in Ohio but widespread
use of ORVR has not yet occurred.
II. What comments did we receive on
the proposed SIP revision?
EPA provided a 30-day review and
comment period on the proposed action.
VerDate Sep<11>2014
12:31 Oct 17, 2016
Jkt 241001
The comment period closed on August
1, 2016. EPA received no comments.
III. What action is EPA taking?
EPA is approving revisions to the
Ohio ozone SIP submitted by the state
dated July 15, 2015, and February 29,
2016, for the state’s Stage II program in
Ohio. EPA finds that the revisions will
not interfere with any applicable
requirement concerning attainment,
reasonable further progress or any other
applicable CAA requirement.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Regulations
described in the amendments to 40 CFR
part 52 set forth below. Therefore, these
materials have been approved by EPA
for inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 5 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00054
Fmt 4700
Sfmt 4700
• 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 CAA; 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
E:\FR\FM\18OCR1.SGM
18OCR1
71633
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
circuit by December 19, 2016. 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 oxides, Ozone, Volatile organic
compounds.
Dated: October 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.1870 the table in paragraph
(c) is amended under ‘‘Chapter 3745–21
Carbon Monoxide, Ozone, Hydrocarbon
Air Quality Standards, and Related
Emission Requirements’’ by revising the
entry for 3745–21–09 ‘‘Control of
Emissions of Volatile Organic
Compounds from Stationary Sources
and Perchloroethylene from Dry
Cleaning Facilities’’ to read as follows:
■
§ 52.1870
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED OHIO REGULATIONS
Ohio citation
*
*
Chapter 3745–21
*
3745–21–09 ...
*
*
*
*
*
*
*
Notes
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0558; FRL–9951–78]
Metaldehyde; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances with regional registration for
residues of metaldehyde in or on
multiple commodities which are
identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
October 18, 2016. Objections and
requests for hearings must be received
on or before December 19, 2016, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
SUMMARY:
16:02 Oct 17, 2016
*
*
*
10/18/2016, [Insert Federal Register citation].
*
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0558, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
[FR Doc. 2016–24912 Filed 10–17–16; 8:45 am]
Lhorne on DSK30JT082PROD with RULES
EPA approval date
*
Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
*
VerDate Sep<11>2014
*
*
*
*
Control of Emissions of Volatile Organic Compounds
1/17/2014
from Stationary Sources and Perchloroethylene
from Dry Cleaning Facilities.
*
*
Ohio effective
date
Title/subject
Jkt 241001
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Acting Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
main telephone number: (703) 305–
7090; email address: RDFRNotices@
epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
*
except (U)(1)(h).
*
*
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
E:\FR\FM\18OCR1.SGM
18OCR1
Agencies
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71631-71633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24912]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0522; FRL-9954-21-Region 5]
Air Plan Approval; Ohio; Removal of Gasoline Vapor Recovery
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision under the Clean Air Act (CAA) to the Ohio state implementation
plan (SIP), submittals from the Ohio Environmental Protection Agency
(Ohio EPA) dated July 15, 2015, and February 29, 2016. The revision
addresses the state's Stage II vapor recovery (Stage II) program for
the Cleveland, Cincinnati, and Dayton ozone areas in Ohio. The revision
removes Stage II requirements for the three areas as a component of the
Ohio ozone SIP. The revision also includes a demonstration that
addresses emission
[[Page 71632]]
impacts associated with the removal of the Stage II program. EPA
proposed to approve the state's submittal on June 30, 2016, and
received no comments.
DATES: This final rule is effective on November 17, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0522. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed by this document?
On June 30, 2016, at 81 FR 42597, EPA proposed to approve
amendments to OAC 3745-21-09 (DDD) that remove Stage II requirements
from the Ohio ozone SIP and allow gasoline dispensing facilities
currently implementing Stage II in the Cleveland, Cincinnati and Dayton
areas to decommission their systems by 2017. The revision included
amended copies of OAC 3745-21-09 (DDD), as adopted on April 29, 2013,
and January 17, 2014; a summary of Ohio-specific calculations, based on
EPA guidance, used to calculate program benefits and demonstrate
widespread use of onboard refueling vapor recovery (ORVR) in Ohio; and
a CAA section 110(l) demonstration that includes documentation that
analyzes the period, 2013-2017, when Stage II requirements were waived
in Ohio but widespread use of ORVR has not yet occurred.
II. What comments did we receive on the proposed SIP revision?
EPA provided a 30-day review and comment period on the proposed
action. The comment period closed on August 1, 2016. EPA received no
comments.
III. What action is EPA taking?
EPA is approving revisions to the Ohio ozone SIP submitted by the
state dated July 15, 2015, and February 29, 2016, for the state's Stage
II program in Ohio. EPA finds that the revisions will not interfere
with any applicable requirement concerning attainment, reasonable
further progress or any other applicable CAA requirement.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the amendments to 40 CFR part 52 set forth
below. Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 5 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate
[[Page 71633]]
circuit by December 19, 2016. 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 oxides, Ozone,
Volatile organic compounds.
Dated: October 5, 2016.
Robert A. Kaplan,
Acting 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. In Sec. 52.1870 the table in paragraph (c) is amended under
``Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality
Standards, and Related Emission Requirements'' by revising the entry
for 3745-21-09 ``Control of Emissions of Volatile Organic Compounds
from Stationary Sources and Perchloroethylene from Dry Cleaning
Facilities'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio effective
Ohio citation Title/subject date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
3745-21-09.............. Control of Emissions of 1/17/2014 10/18/2016, [Insert except (U)(1)(h).
Volatile Organic Federal Register
Compounds from citation].
Stationary Sources and
Perchloroethylene from
Dry Cleaning Facilities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-24912 Filed 10-17-16; 8:45 am]
BILLING CODE 6560-50-P