Air Plan Approval; Ohio; Consumer Products Rule, 43440-43441 [2023-14168]
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43440
Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations
(i) Incorporation by reference. (A) San
Joaquin Valley Unified Air Pollution
Control District.
(1) Rule 2201, ‘‘New and Modified
Stationary Source Review Rule,’’
amended on August 15, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
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[FR Doc. 2023–14132 Filed 7–7–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0788; FRL–10425–
02–R5]
Air Plan Approval; Ohio; Consumer
Products Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), a State
Implementation Plan (SIP) revision
submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on
September 7, 2022. Ohio EPA requests
that EPA approve revised volatile
organic compounds (VOCs) control
rules under Chapter 3745–112 of the
Ohio Administrative Code (OAC) into
Ohio’s SIP. The revised rules will
reduce emissions that contribute to
ozone formation and assist with efforts
to achieve and maintain the 2015 ozone
National Ambient Air Quality Standard
(NAAQS). EPA finds that these rules are
approvable because they are SIP
strengthening measures. EPA proposed
to approve this action on February 27,
2023, and received no adverse
comments.
SUMMARY:
This final rule is effective on
August 9, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2022–0788. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
lotter on DSK11XQN23PROD with RULES1
DATES:
VerDate Sep<11>2014
15:54 Jul 07, 2023
Jkt 259001
www.regulations.gov or 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 and
facility closures due to COVID–19. We
recommend that you telephone Katie
Mullen, at (312) 353–3490 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Katie Mullen, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–3490,
mullen.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Administrative
Code Regulations described in section I
of this preamble and set forth in the
amendments to 40 CFR part 52 below.
EPA has made, and will continue to
make, these documents generally
available through www.regulations.gov,
and at the EPA Region 5 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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 in the next
update to the SIP compilation.1
I. Background Information
On February 27, 2023, EPA proposed
to approve revisions to OAC Chapter
3745–112. The revised rules include
OAC 3745–112–01 (Definitions); 3745–
112–02 (Applicability); 3745–112–03
(Standards); 3745–112–04 (Exemptions);
3745–112–05 (Administrative
Requirements); 3745–112–06 (Reporting
Requirements); 3745–112–07
(Variances); and 3745–112–08 (Test
Methods), effective on June 20, 2022.
These revised rules are intended to
assist in achieving and maintaining the
2015 ozone NAAQS through the
regulation of VOCs in consumer
products. We find that these rules are
approvable because they are SIP
strengthening measures. An explanation
of the CAA requirements, a detailed
analysis of the revisions, and EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking (88 FR 12303) and will not
be restated here. The public comment
period for this proposed rule ended on
March 29, 2023. EPA received no
adverse comments on the proposal.
IV. 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
II. Final Action
EPA is approving rule revisions to
Chapter 3745–112 of the OAC. The
revised rules include OAC 3745–112–01
to OAC 3745–112–08 and are intended
to assist in achieving and maintaining
the 2015 ozone NAAQS through the
regulation of VOCs in consumer
products. EPA finds that these rules are
approvable because they strengthen the
VOC control portion of Ohio’s SIP.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
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Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The Ohio Environmental Protection
Agency did not evaluate environmental
justice considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 8, 2023. 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,
Ozone, Volatile organic compounds.
Dated: June 29, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 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. In § 52.1870, the table in paragraph
(c) is amended by revising the section
entitled ‘‘Chapter 3745–112 Volatile
Organic Compound Limits in Consumer
Products’’ to read as follows:
■
§ 52.1870
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Identification of plan.
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EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio
effective
date
Title/subject
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EPA approval date
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Notes
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Chapter 3745–112 Volatile Organic Compound Limits in Consumer Products
3745–112–01
3745–112–02
3745–112–03
3745–112–04
3745–112–05
3745–112–06
3745–112–07
3745–112–08
..
..
..
..
..
..
..
..
Definitions ..............................
Applicability ............................
Standards ...............................
Exemptions ............................
Administrative Requirements
Reporting Requirements ........
Variances ...............................
Test Methods .........................
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7/10/2023,
7/10/2023,
7/10/2023,
7/10/2023,
7/10/2023,
7/10/2023,
7/10/2023,
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[FR Doc. 2023–14168 Filed 7–7–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43440-43441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14168]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0788; FRL-10425-02-R5]
Air Plan Approval; Ohio; Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a State Implementation Plan (SIP) revision
submitted by the Ohio Environmental Protection Agency (Ohio EPA) on
September 7, 2022. Ohio EPA requests that EPA approve revised volatile
organic compounds (VOCs) control rules under Chapter 3745-112 of the
Ohio Administrative Code (OAC) into Ohio's SIP. The revised rules will
reduce emissions that contribute to ozone formation and assist with
efforts to achieve and maintain the 2015 ozone National Ambient Air
Quality Standard (NAAQS). EPA finds that these rules are approvable
because they are SIP strengthening measures. EPA proposed to approve
this action on February 27, 2023, and received no adverse comments.
DATES: This final rule is effective on August 9, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0788. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or 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 and facility
closures due to COVID-19. We recommend that you telephone Katie Mullen,
at (312) 353-3490 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-3490, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On February 27, 2023, EPA proposed to approve revisions to OAC
Chapter 3745-112. The revised rules include OAC 3745-112-01
(Definitions); 3745-112-02 (Applicability); 3745-112-03 (Standards);
3745-112-04 (Exemptions); 3745-112-05 (Administrative Requirements);
3745-112-06 (Reporting Requirements); 3745-112-07 (Variances); and
3745-112-08 (Test Methods), effective on June 20, 2022. These revised
rules are intended to assist in achieving and maintaining the 2015
ozone NAAQS through the regulation of VOCs in consumer products. We
find that these rules are approvable because they are SIP strengthening
measures. An explanation of the CAA requirements, a detailed analysis
of the revisions, and EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking (88 FR 12303) and will
not be restated here. The public comment period for this proposed rule
ended on March 29, 2023. EPA received no adverse comments on the
proposal.
II. Final Action
EPA is approving rule revisions to Chapter 3745-112 of the OAC. The
revised rules include OAC 3745-112-01 to OAC 3745-112-08 and are
intended to assist in achieving and maintaining the 2015 ozone NAAQS
through the regulation of VOCs in consumer products. EPA finds that
these rules are approvable because they strengthen the VOC control
portion of Ohio's SIP.
III. 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
Administrative Code Regulations described in section I of this preamble
and set forth in the amendments to 40 CFR part 52 below. EPA has made,
and will continue to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). 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 in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
[[Page 43441]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Ohio Environmental Protection Agency did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 2023. 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, Ozone, Volatile organic
compounds.
Dated: June 29, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 by revising
the section entitled ``Chapter 3745-112 Volatile Organic Compound
Limits in Consumer Products'' 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 3745-112 Volatile Organic Compound Limits in Consumer Products
----------------------------------------------------------------------------------------------------------------
3745-112-01............... Definitions............ 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-02............... Applicability.......... 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-03............... Standards.............. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-04............... Exemptions............. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-05............... Administrative 6/20/2022 7/10/2023, [INSERT FEDERAL
Requirements. REGISTER CITATION].
3745-112-06............... Reporting Requirements. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-07............... Variances.............. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-08............... Test Methods........... 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
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[FR Doc. 2023-14168 Filed 7-7-23; 8:45 am]
BILLING CODE 6560-50-P
