[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Rules and Regulations]
[Pages 51901-51903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21225]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0514; FRL-9451-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Control of Emissions of Organic Materials That Are Not Regulated
by Volatile Organic Compound Reasonably Available Control Technology
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, as part of Ohio's State Implementation Plan
(SIP) under the Clean Air Act (CAA), a revised rule 3745-21-07,
``Control of emissions of organic materials from stationary sources
(i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12,
3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the
Administrative Code).'' This rule has been revised because the prior
version of 3745-21-07, in Ohio's SIP, has inadequate compliance test
methods and definitions. On February 8, 2008, the previously existing
rule 3745-21-07, which was part of Ohio's SIP, was rescinded by Ohio
EPA. The most significant problem with the prior version is the
definition of ``photochemically reactive material,'' which is different
than the definition of ``volatile organic compounds'' (VOC), upon which
EPA's reasonably available control technology (RACT) regulations are
based. The revised rule is approvable because it satisfies the
applicable requirements for VOC sources under the CAA. EPA proposed
this rule for approval on April 13, 2011, and received no comments.
DATES: This final rule is effective on September 19, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2008-0514. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Air Planning and Maintenance Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6052.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
[[Page 51902]]
I. What public comments were received on the proposed approval?
II. What action is EPA taking today and what is the basis of this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval?
EPA proposed to approve Ohio's revised rule Ohio Administrative
Code (OAC) 3745-21-07 on April 13, 2011, at 76 FR 20598. This rule
consists of VOC control requirements for sources not subject to a VOC
RACT regulation. No comments were received on the proposed approval.
II. What action is EPA taking today and what is the basis of this
action?
EPA is taking final action to approve into Ohio's SIP revised rule
OAC 3745-21-07, ``Control of emissions of organic materials from
stationary sources.'' This rule regulates emissions that are not
regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, or 3745-21-18 of the Administrative Code. This rule
was submitted by the Ohio Environmental Protection Agency (Ohio EPA) to
EPA on April 7, 2008, but was not approvable at that time because both
sheet molding compound (SMC) manufacturing operations and new or
modified sources after February 18, 2008, were exempted from that
version of the rule. However, on November 10, 2010, Ohio EPA submitted
to EPA a new Rule 3745-21-25 ``Control of VOC emissions from reinforced
plastic composites production operations,'' which adequately regulates
SMC manufacturing operations and was approved on July 13, 2011. Also,
on October 25, 2010, Ohio EPA submitted a demonstration that the new
3745-21-07 does not violate the requirements of Section 110(l) of the
CAA by not applying to new or modified sources after February 18, 2010.
This demonstration is discussed in detail in the April 13, 2011 notice
of proposed rulemaking.
In conclusion, and as discussed in more detail in the April 13,
2011 notice of proposed rulemaking, this rule satisfies RACT
requirements and is consistent with the CAA and EPA regulations.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 18, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 4, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1870 is amended by revising paragraph (c)(114)(i)(A) and
by adding paragraph (c)(154) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(114) * * *
(i) * * *
(A) Rule 3745-21-07 of the Ohio Administrative Code, adopted
October 7, 1996, effective October 31, 1996, as certified by Donald R.
Schregardus, Director of the Ohio Environmental Protection Agency.
Rescinded in 2008; see paragraph 154 of this section.
* * * * *
(154) On April 7, 2008, the Ohio Environmental Protection Agency
(Ohio EPA) submitted revised rule ``Control of emissions of organic
materials from
[[Page 51903]]
stationary sources (i.e., emissions that are not regulated by rule
3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16,
or 3745-21-18 of the Administrative Code).'' On February 8, 2008, the
previously existing rule 3745-21-07 was rescinded by Ohio EPA.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-07 ``Control of emissions
of organic materials from stationary sources (i.e., emissions that are
not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14,
3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code),''
effective February 18, 2008.
(B) February 18, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(ii) Additional material.
(A) An October 25, 2010, letter from Robert F. Hodanbosi, Chief
Division of Air Pollution Control of the Ohio Environmental Protection
Agency to Susan Hedman, Regional Administrator, containing
documentation of noninterference, under section 110(l) of the Clean Air
Act, of the less stringent applicability cutoff for sheet mold compound
machines.
[FR Doc. 2011-21225 Filed 8-18-11; 8:45 am]
BILLING CODE 6560-50-P