[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Rules and Regulations]
[Pages 40745-40747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19305]
[[Page 40745]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1129; FRL-8941-9]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on October 5, 2007, to revise the Ohio
State Implementation Plan (SIP) under the Clean Air Act. The State has
submitted new volatile organic compounds (VOCs) control rules for
approval under Chapter 3745-112 of the Ohio Administrative Code (OAC).
The rules include OAC 3745-112-01 to OAC 3745-112-08 and are intended
to assist the State in achieving and/or maintaining the national 8-hour
ground level ozone standard through the regulation of VOCs in consumer
products. Ohio followed, with some modifications, the Ozone Transport
Commission's ``Model Rule for Consumer Products,'' (Model Rule) in
developing the State's submittal.
DATES: This direct final rule will be effective October 13, 2009,
unless EPA receives adverse comments by September 14, 2009. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1129, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-1129. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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 Andy Chang, Environmental Engineer, at
(312) 886-0258 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0258, [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. When did the State submit the requested rule revisions to EPA,
and did the State satisfy the administrative requirements of 40 CFR
Part 51, Appendix V?
II. What are the revisions that the State is requesting for
incorporation into the SIP?
A. Definitions and Applicability for Volatile Organic Compounds
Emissions From Consumer Products
B. Standards and Exemptions for Volatile Organic Compounds
Emissions From Consumer Products
C. Administrative and Reporting Requirements, Variances, and
Testing Methods for Volatile Organic Compounds Emissions From
Consumer Products
III. What will approval of these rules accomplish?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. When did the State submit the requested rule revisions to EPA, and
did the State satisfy the administrative requirements of 40 CFR Part
51, Appendix V?
Ohio EPA submitted the requested revisions to EPA on October 7,
2007, and demonstrated through its submittal that the State satisfied
all the requirements of 40 CFR Part 51, Appendix V, ``Criteria for
Determining the Completeness of Plan Submissions.'' The administrative
requirements are outlined in Section 2.1 of this appendix. Most
notably, a public hearing was held on June 12, 2007, and the rules
became effective State-wide on September 12, 2007.
II. What are the revisions that the State is requesting for
incorporation into the SIP?
The State has requested that EPA approve new rules under Chapter
3745-112 of the OAC. These rules include 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). All submitted rules are intended to assist the State in
achieving and/or maintaining the national 8-hour ground level ozone
standard through the regulation of volatile organic
[[Page 40746]]
compounds in consumer products. The revisions are described in detail
below.
A. Definitions and Applicability for Volatile Organic Compounds
Emissions From Consumer Products
Ohio EPA submitted definitions and applicability rules, which adopt
almost verbatim, the rules found in the Model Rule. There are very
minor modifications, which are related to implementation and compliance
dates that are updated from the Model Rule. With exceptions only
applicable to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) regulated products, the implementation date is January 1, 2009.
Unless provided in subsequent rule 3745-112-04 (Exemptions), the
applicability rule applies to any person who sells, supplies, offers
for sale, or manufactures consumer products on or after January 1,
2009, for use in the State of Ohio. Specifying implementation and
compliance dates do not make the rules less stringent; therefore, EPA
concludes that the State's definitions and applicability rules for VOC
emissions from consumer products are approvable.
B. Standards and Exemptions for Volatile Organic Compounds Emissions
From Consumer Products
Ohio EPA adopted the Model Rule's standards for VOC emissions in
their entirety with very minor modifications; Ohio EPA has specified
that any consumer product manufactured prior to January 1, 2009, may be
sold, supplied, or offered for sale after January 1, 2009 (sell-through
of products). The State's exemptions rules were based entirely on the
Model Rule, and include those for ``Innovative Products.'' Specifying a
date pertaining to sell-through of products does not weaken the rules;
therefore, EPA concludes that the State's standards and exemptions
rules for VOC emissions from consumer products are approvable.
C. Administrative and Reporting Requirements, Variances, and Testing
Methods for Volatile Organic Compounds Emissions From Consumer Products
The rules covering these sections were drafted in their entirety
based on guidance from the Model Rule. All requirements and
methodologies mirror exactly those found in the Model Rule; therefore,
EPA concludes that the State's administrative and reporting
requirements, variances, and testing methods for VOC emissions from
consumer products are approvable.
III. What will approval of these rules accomplish?
Approval of these rules submitted by Ohio EPA will help attain and
maintain the national eight-hour standard for ground-level ozone, and
reduce eight-hour ozone levels. Ozone is a human respiratory system
irritant, and is harmful to the environment as well. Both ozone and
volatile organic compounds are components of smog, which poses a
significant threat to animal, plant, and human life. By maintaining the
national standard for ground-level ozone and decreasing the levels of
ozone, the benefits to human and environmental health in the State of
Ohio and surrounding areas is expected to be permanent.
IV. What action is EPA taking?
We are approving revisions to the Ohio SIP; the State has submitted
new rules under Chapter 3745-112 of the OAC. These rules encompass OAC
rule 3745-112-01 to OAC rule 3745-112-08, and are intended to assist
the state of Ohio in achieving and/or maintaining the national 8-hour
ground level ozone standard through the regulation of VOCs in consumer
products. Ohio drafted their rules based almost entirely on the Model
Rule with one exception, severability, which was already addressed in
OAC rule 3745-15-09.
We are approving these rules because they will help reduce
emissions of volatile organic compounds and will therefore help reduce
ground-level ozone concentrations in the State of Ohio and surrounding
areas. Ohio EPA's rules closely follow the Model Rule, which EPA has
determined to be approvable in other SIPs. The State's submittal meets
the requirements of Section 183 of the Clean Air Act, as well as
requirements of 40 CFR Part 51, Appendix V.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the Proposed Rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective October 13,
2009 without further notice unless we receive relevant adverse written
comments by September 14, 2009. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period, therefore, any parties interested in commenting on this
action should do so at this time. If we do not receive any comments,
this action will be effective October 13, 2009.
V. Statutory and Executive Order Reviews
Under the Clean Air 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 Clean Air 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 Clean Air 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).
[[Page 40747]]
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 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 October 13, 2009. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 28, 2009.
Walter W. Kovalick Jr,
Acting Regional Administrator, Region 5.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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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)(147) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(147) On October 5, 2007, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-112, Rules 3745-112-01 through 3745-
112-08. The revisions regulate the volatile organic compounds content
of consumer products.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-112-01 ``Definitions.'',
Rule 3745-112-02 ``Applicability.'', Rule 3745-112-03 ``Standards.'',
Rule 3745-112-04 ``Exemptions.'', Rule 3745-112-05 ``Administrative
requirements.'', Rule 3745-112-06 ``Reporting requirements.'', Rule
3745-112-07 ``Variances.'', and Rule 3745-112-08 ``Test methods.'',
adopted September 5, 2007, effective on September 15, 2007.
(B) September 5, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
[FR Doc. E9-19305 Filed 8-12-09; 8:45 am]
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