[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Rules and Regulations]
[Pages 15045-15046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5800]
[[Page 15045]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0545; FRL-8292-3]
Approval and Promulgation of Implementation Plans; Ohio; Volatile
Organic Compound Emission Control Measures for Cincinnati and Dayton
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving several volatile organic compound (VOC)
rules, that were submitted on May 9, 2006, into the Ohio State
Implementation Plan (SIP). These rules would partially replace the VOC
reductions from Ohio's vehicle inspection and maintenance (E-Check)
program (which ended on December 31, 2005) in the Cincinnati and Dayton
areas. These rules include a provision requiring the use of lower
emitting solvents in cold cleaner degreasers, the use of more efficient
auto refinishing painting application techniques and a rule requiring
the use of lower emitting portable fuel containers. These rules are
approvable because they contain more stringent requirements than Ohio's
existing rules and they are enforceable. Ohio has correctly calculated
their VOC emission reduction impact. EPA is also approving several
other rule revisions, all of which meet EPA requirements, including an
exemption for Ohio's printing rules, a site-specific rule for an
aerosol can filling facility, elimination of the fluid catalytic
cracking unit limitations for a Marathon Petroleum LLC facility, and an
alternative leak detection and repair program for the Premcor Lima
Refinery. These rules were proposed for approval on December 6, 2006,
and no adverse comments were received.
DATES: This final rule is effective on April 30, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0545. 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 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, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6052, [email protected].
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?
III. What Is the Purpose of This Action?
IV. Statutory and Executive Order Reviews.
I. What Public Comments Were Received on the Proposed Approval and What
Is EPA's Response?
No adverse comments were received. The Sherwin-Williams Company
submitted a comment supporting approval of paragraph 3745-21-09 (RR)
pertaining to the site specific reasonably available control technology
requirements for the Sherwin-Williams aerosol can filling facility in
Bedford Heights, Ohio.
Since this comment was supportive of the action being taken there
is no need to respond to it.
II. What Action Is EPA Taking?
EPA is approving several VOC rules into the Ohio SIP. These include
more stringent solvent degreasing rules, an exemption for its printing
rules, a site-specific rule for an aerosol can filling facility,
elimination of the fluid catalytic cracking unit limitations for a
Marathon Petroleum Company LLC facility, an alternative leak detection
and repair program for the Premcor Lima Refinery, a rule requiring the
marketing and sale of only low-emitting portable fuel containers, and a
rule including the use of high efficiency paint application equipment
at auto body refinishing operations.
III. What Is the Purpose of This Action?
The primary purpose of the rules that Ohio submitted is to obtain
VOC emission reductions. These reductions would partially offset the
increase in VOC emissions resulting from elimination of its E-Check
program in the Cincinnati and Dayton areas. Ohio EPA has submitted
additional VOC and nitrogen oxide emission reduction measures to fully
compensate for the resulting increase in emissions. These additional
emission reduction measures, as well as other demonstrations needed to
remove the E-Check program from the Ohio SIP, will be the subject of
future rulemaking actions. This notice also approves several site-
specific rule revisions that have been requested by emission sources in
Ohio.
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more
[[Page 15046]]
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, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 29, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Intergovernmental
relations, Incorporation by reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 6, 2007.
Mary A. Gade,
Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations 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
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2. Section 52.1870 is amended by adding paragraph (c)(135) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(135) On May 9, 2006, the Ohio Environmental Protection Agency
submitted several volatile organic compound rules for approval into the
Ohio State Implementation Plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745-21-01 Definitions:
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
(B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates
and compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006,
effective 2/10/2006.
(C) Ohio Administrative Code Chapter 3745-21-09 Control of
emissions of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities: Paragraphs
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006,
effective 3/12/2006.
(D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel
Containers, adopted 1/31/2006, effective 2/10/2006.
(E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006,
effective 2/10/2006.
[FR Doc. E7-5800 Filed 3-29-07; 8:45 am]
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