20598 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add 33 CFR 100.35–T01–0103 to 

read as follows: 

§ 100.35–T01–0103 Special Local 

Regulation; Extreme Sailing Series Boston; 

Boston Harbor; Boston, MA. 

(a) Regulated Area. 

(1) The following is designated as the 

special local regulation area: All waters 

of Boston Harbor near Boston, MA, 

surface to bottom, encompassed by an 

area starting at position: 42°21.3′ N; 

071°03′ W, thence crossing the Fort 

Point Channel along Northern Avenue 

to position 42°21.3′ N; 071°02.9′ W, 

continuing Southeast along the 

Shoreline past Fan Pier to the end of the 

North Jetty at position 42°20.8′ N; 

071°01.4′ W, continuing and crossing 

Boston Harbor to the opposite shore 

near Logan Airport at position 42°21.2′ 

N; 071°01′ W, continuing Northwest in 

a straight line along the shoreline to Pier 

One at position 42°21.9′ N; 071°02.5′ W, 

thence back across Boston Harbor to the 

point of origin at position 42°21.3′ N; 

071°03′ W. 

(2) The following area within the 

special local regulation area is specified 

as the race area: 

All waters of Boston Harbor near 

Boston, MA, surface to bottom, 

encompassed by an area starting at 

position: 42°21.59′ N; 071°02.52′ W, 

thence to position 42°21.28′ N; 

071°01.83′ W, thence to position 

42°21.10′ N; 071°01.95′ W, thence to 

position 42°21.20′ N; 071°02.26′ W, 

thence to position 42°21.15′ N; 

071°02.31′ W, thence to position 

42°21.31′ N; 071°02.72′ W, thence to the 

point of origin at position 42°21.59′ N; 

071°02.52′ W. This area will be clearly 

defined by floating buoys and will have 

the ability to be collapsed quickly to 

allow for safe passage of traffic if they 

have obtained permission from the 

COTP or the designated representative. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

100, to enter, transit through, anchor in, 

or remain within the special local 

regulation area is prohibited unless 

permission has been authorized by the 

Captain of the Port (COTP) Boston, or 

the designated on-scene representative. 

The ‘‘designated on-scene 

representative’’ is any Coast Guard 

commissioned, warrant, or petty officer 

who is designated by the COTP to act 

on his behalf. The designated on-scene 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. The COTP or the designated onscene representative may be contacted 

via VHF Channel 16 or by telephone at 

(617) 223–5750. 

(1) The following restrictions apply to 

the special local regulation area 

identified in section (a)(1) of this 

regulation. 

(i) Special Anchorage ‘‘A’’, which is a 

small vessel anchorage located near 

Rowes Wharf, is the only permitted area 

for anchoring. All other anchoring 

within this special local regulation area, 

including in Anchorage Area #1, is 

prohibited. 

(ii) This special local regulation area 

is designed to restrict vessel traffic, 

including all non-motorized vessels, 

except as may be permitted by the COTP 

Boston or the designated on-scene 

representative. 

(iii) Within this area all vessels will 

transit at the minimum speed necessary 

to maintain headway without creating a 

wake. 

(iv) Due to the waterway area 

restriction and the expected increase in 

recreational vessels in the area, vessel 

operators of all vessels 65 feet in length 

or greater desiring to enter or operate 

within the special local regulation area 

shall contact the COTP or the 

designated on-scene representative at 

least five hours prior to the desired 

transit time to obtain permission to do 

so. Permission to enter the special local 

regulation area will be considered on a 

case-by-case basis at the discretion of 

the COTP and vessels may be escorted 

through the area if the COTP deems it 

necessary for safe transit. Failure to 

provide notification of entry at least five 

hours prior to transit may result in a 

denial of entry into the regulated area 

during the enforcement period. Vessel 

operators given permission to enter the 

area must comply with all directions 

given to them by the COTP or the 

designated on-scene representative. 

(2) The following restrictions apply to 

the area identified as the race area in 

section (a)(2) of this regulation. 

(i) This area is closed to all vessel 

traffic, with the exception of vessels 

involved directly with the event such 

as: sailboat race participants, event 

safety vessels, on-scene patrol and law 

enforcement vessels. 

(c) Effective Period: This regulation is 

effective from 1 p.m. on June 30, 2011, 

to 6 p.m. on July 4, 2011. This 

regulation will be enforced daily from 1 

p.m. until 6 p.m., June 30, 2011 through 

July 4, 2011. 

Dated: March 30, 2011. 

John N. Healey, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. 2011–8833 Filed 4–12–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0514; FRL–9294–6] 

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: Proposed rule. 

SUMMARY: EPA is proposing to approve, 

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, 3745–21–14, 

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. 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 requirements for RACT 

under the CAA. 

DATES: Comments must be received on 

or before May 13, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0514, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 692–2511. 

• Mail: John Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: John Mooney, Chief, 

Attainment Planning and Maintenance 


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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–2008– 

0514. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 

http://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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the http:// 

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 

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, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052, 

Rosenthal.steven@epa.gov. 

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 should I consider as I prepare my 

comments for EPA? 

II. What action is EPA taking today and what 

is the purpose of this action? 

III. What are the provisions of OAC 3745–21– 

07 and are they approvable? 

IV. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What action is EPA taking today and 

what is the purpose of this action? 

EPA is proposing to approve into 

Ohio’s SIP revised rule OAC 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, 3745–21–14, 

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. 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 following section of this document. 

III. What are the provisions of OAC 

3745–21–07 and are they approvable? 

As discussed below, this rule satisfies 

RACT requirements and is consistent 

with the CAA and EPA regulations. A 

general discussion of the main elements 

of OAC 3745–21–07 (Control of 

emissions of organic materials from 

stationary sources), all of which are 

approvable, follows: 

3745–21–07(A) Applicability 

(1)—Reserved. 

(2)—Reserved. 

(3)—This paragraph states that the 

rule applies to any source or operation, 

for which installation commenced prior 

to the effective date of this rule, and that 

is specifically identified in tables in 

paragraphs (K) to (N). This rule shall not 

apply to VOC emissions from any such 

source or operation regulated by the 

VOC rules 3745–21–09, 3745–21–12, 

3745–21–13, 3745–21–14, 3745–21–15, 

3745–21–15, 3745–21–16, or 3745–21– 

18. Although this rule does not apply to 

any sources for which installation 

commenced after the effective date of 

the rule (February 18, 2010) or will 

commence installation in the future, 

Ohio demonstrated that this will likely 

not result in an increase in emissions. 

More specifically, Ohio reviewed all 

permits issued between January 2008 

and September 2010, and determined 

that, due to other control requirements, 

no permit would result in an increase in 

VOC emissions due to paragraphs (A)(3) 

and (A)(5). Furthermore, Ohio also 

demonstrated that sufficient reductions 

are available from oxides of nitrogen 


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(NOX) RACT rule reductions to more 

than offset any potential future increase 

in emissions, thereby satisfying the 

requirements of section 110(l) of the 

CAA. 

In December 2007, Ohio EPA 

promulgated rules in OAC chapter 

3745–110, ‘‘NOX RACT.’’ These rules 

addressed the control of emissions of 

NOX from stationary sources such as 

boilers, combustion turbines, and 

stationary internal combustion engines. 

The rules were submitted as part of the 

attainment strategy in the ClevelandAkron-Lorain ozone moderate 

nonattainment area. On September 15, 

2009, EPA redesignated the ClevelandAkron-Lorain metropolitan area to 

attainment for the 1997 8-hour ozone 

National Ambient Air Quality Standard. 

At the same time, EPA approved a 

waiver from the NOX RACT 

requirements of section 182(f) of the 

CAA for this area. Ohio’s NOX RACT 

rules are, therefore, ‘‘surplus’’ and can be 

used to offset any potential increase in 

emissions from any future source that 

would have had more stringent control 

requirements from the older 3745–21– 

07 that is currently in the SIP. Ohio 

obtained 538 tons NOX/year actual (and 

surplus) emission reductions from the 

Arcelor-Mittal facility as a result of the 

installation of low NOX burners in its 

three reheat furnaces. The requirement 

for these low NOX burners is permanent 

and enforceable because the burner 

controls are needed to comply with 

OAC 3745–110, Ohio’s NOX RACT rule. 

In the Cleveland-Akron-Lorain area, the 

ratio of NOX emissions to VOC 

emissions is 1.36 pounds NOX/pound 

VOC. Applying this factor, the VOC 

offset potential for the Arcelor-Mittal 

facility NOX reductions is 396 tons 

VOC/year. Even if any reasonably 

foreseeable source were to be 

constructed that would have been 

controlled under the prior version of 

3745–21–07 but would be uncontrolled 

under revised rule 3745–21–07, the 

difference in emissions would be more 

than compensated by the surplus 

emission reduction at the Arcelor-Mittal 

facility. 

(4)—This paragraph voids control 

requirements contained in a permit-toinstall, permit-by-rule, permit-tooperate, or Title V permit if the 

requirements refer to photochemically 

reactive materials or the need to 

determine or document materials as 

being photochemically reactive 

materials or any recordkeeping and 

reporting requirements related to 

photochemically reactive materials. 

This paragraph is approvable because it 

is consistent with the main purpose of 

this rule revision, namely to eliminate 

the definition of photochemically 

reactive material. 

(5)—This paragraph states that the 

rule does not apply to any source for 

which installation commenced after the 

effective date of the rule. Please refer to 

the discussion of (A)(3). 

(6)—This paragraph specifies methods 

of determining compliance. 

(6)(a)—This paragraph specifies that 

the test methods and procedures of 

paragraphs (A) to (C) of rule 3745–21– 

10 of Ohio’s rules be used to determine 

emission and control efficiency 

information for controlled and 

uncontrolled sources. 

(6)(b)—This paragraph allows the use 

of emission factors approved by EPA. 

(6)(c)—This paragraph allows 

emission test data from similar sources 

or operations to be used provided where 

EPA has indicated in writing that the 

use of such tests is acceptable. 

This paragraph is approvable because 

it specifies EPA-approved test methods, 

emission factors and test data from 

similar sources. 

(B)-(J)—Reserved. 

(K)—This paragraph provides specific 

control requirements for storage tanks 

covered by the prior version of 3745– 

21–07 that is contained in Ohio’s SIP. 

(K)(1)—Lists emission units subject to 

the control requirements in (K)(2), 

which requires that the storage tank be 

equipped with either a floating pontoon 

or double-deck type cover that includes 

closure seals or with a vapor recovery 

system or control system that reduces 

the emissions of organic compounds by 

at least 90 percent by weight. 

(K)(3)—Lists emission units, 

consisting of storage tanks with a 

capacity of 65,000 gallons or less, 

subject to the control requirements in 

(K)(4). (K)(4) requires the use of 

submerged fill or a vapor recovery 

system. 

This paragraph is approvable because 

it is consistent with the control 

requirements in the prior version of 

3745–21–07 that is contained in Ohio’s 

SIP. 

(L)—This paragraph provides facility 

specific control requirements for oilwater separators covered by the prior 

version of 3745–21–07 that is contained 

in Ohio’s SIP. Any subject oil-water 

separators must be equipped with a 

solid cover with all openings sealed, a 

floating pontoon or double deck type 

cover that includes closure seals, or a 

vapor recovery system that reduces the 

emissions of organic compounds by at 

least ninety percent by weight. 

This paragraph is approvable because 

the control requirements are consistent 

with the prior version of 3745–21–07 

that is contained in Ohio’s SIP. 

(M)—This paragraph provides facilityspecific and general control 

requirements for emissions from 

operations using liquid organic 

materials. 

(M)(1)—Lists emission units, covered 

by the prior version of 3745–21–07 that 

is contained in Ohio’s SIP, that are 

subject to the control requirements in 

(M)(2). 

(M)(2)—Requires that the emission 

units listed in (M)(1) be subject to a 

control system that reduces organic 

emissions by at least 85 percent. 

(M)(3)—Other operations using liquid 

organic materials. 

(M)(3)(a)—This paragraph lists nine 

conditions in (M)(3)(a)(i) to (M)(3)(a)(ix). 

Any article, machine, equipment, or 

other contrivance meeting all of these 

conditions must comply with the 

control requirements in (M)(2). These 

conditions include that the article, 

machine, equipment, or other 

contrivance is equipped with control 

equipment for organic compound 

emissions and also that it commenced 

installation prior to the effective date of 

this rule. 

(M)(3)(b)—This paragraph requires 

the owner or operator of any article, 

machine, equipment, or other 

contrivance meeting the specifications 

of paragraph (M)(3)(a), and not listed in 

paragraph (M)(1), to notify Ohio EPA, 

within 90 days after the effective date of 

this rule, of the need to be specified in 

paragraph (M)(1)—and therefore be 

subject to the control requirements in 

(M)(2). 

(M)(3)(c)—This paragraph lists seven 

conditions and if any of them are met 

then the control requirements of (M)(2)/ 

(M)(3)(a), and the reporting 

requirements in (M)(3)(b) shall not 

apply to any article, machine, 

equipment, or other contrivance that 

would otherwise be subject. 

(M)(3)(c)(i)—This paragraph exempts 

any article, machine, equipment, or 

other contrivance that commenced 

operation after the effective date of this 

rule. Please see discussion for (A)(3) and 

(A)(5). 

(M)(3)(c)(ii)—This paragraph exempts 

any article, machine, equipment, or 

other contrivance whose uncontrolled 

potential to emit does not exceed 40 

pounds per day of organic compound 

emissions and allows the uncontrolled 

potential to emit to be established using 

physical or operational limitation(s) that 

are federally enforceable or legally and 

practically enforceable by the state. 

(M)(3)(c)(iii) and (iv)—These 

paragraphs exempt any article, machine, 

equipment, or other contrivance that is 

subject to and complying with an 


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overall control efficiency that is greater 

than 85 percent. 

(M)(3)(c)(v)—This paragraph refers to 

paragraphs (M)(3)(g) and (M)(4), and is 

discussed with those paragraphs. 

(M)(3)(c)(vi)—This paragraph exempts 

heatset web offset printing lines that are 

subject to and complying with a 

requirement that specifies that their 

drier(s) be equipped with a control 

device having either a control efficiency 

equal to or greater than 90 percent or an 

outlet concentration of less than 20 

parts per million, by volume. 

(M)(3)(c)(vii)—This paragraph 

exempts any article, machine, 

equipment, or other contrivance that is 

regulated by and complying with 

chapter 3745–76, which regulates nonmethane organic emissions from 

existing landfills. 

(M)(3)(d), (e) and (f)—These 

paragraphs provide alternative emission 

limitations, which have been adequately 

documented, to those in (M)(2), for 

specifically identified emission units at 

the indicated facilities. 

(M)(3)(g) and (h)—These paragraphs 

address SMC operations. Please refer to 

the discussion of (M)(5)(h). 

(M)(4)—Except as provided in 

paragraph (M)(5) (discussed below) this 

paragraph requires the owner or 

operator of each article, machine, 

equipment, or other contrivance in 

which any liquid organic material 

comes into contact with flame or is 

baked, heat-cured, or heat-polymerized, 

in the presence of oxygen, and is not 

specified in paragraph (M)(1) of this 

rule, to not discharge more than 15 

pounds of organic materials into the 

atmosphere in any one day, nor more 

than 3 pounds in any hour, unless the 

organic material emissions have been 

reduced by at least 85 percent by 

weight. This paragraph does not apply 

to any source for which installation 

commenced on or after the effective date 

of this rule. 

(M)(5)—This paragraph lists several 

exemptions that are carried over from 

the prior version of 3745–21–07 that is 

contained in Ohio’s SIP. 

(M)(5)(a)—exempts the use of cleanup 

material from the control requirements 

in paragraph (M)(2). 

(M)(5)(b)—exempts emissions that are 

not VOCs from the control requirements 

in (M)(2), (M)(3)(a), and (M)(4). 

(M)(5)(c)—This paragraph exempts 

the use of liquid organic material, from 

the control requirements in paragraph 

(M)(2), if the liquid organic material has 

a boiling point higher than 200 degrees 

Fahrenheit at 0.5 millimeter mercury 

absolute pressure, or has an equivalent 

vapor pressure, unless the liquid 

organic material is exposed to 

temperatures exceeding 220 degrees 

Fahrenheit. 

(M)(5)(d)—This paragraph exempts 

sources from the requirements of 

paragraph (M)(4) if (i) the volatile 

content of the material described in 

(M)(4) consists only of water and liquid 

organic material, and the liquid organic 

material comprises no more than 20 

percent by volume of the volatile 

content; or, (ii) the volatile content of 

the material described in paragraph 

(M)(4) does not exceed 20 percent by 

volume. 

(M)(5)(e)—This paragraph allows the 

provisions of paragraphs (M)(2), 

(M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g), 

(M)(3)(h), and (M)(4) to be replaced by 

an alternative emission limitation if 

EPA determines that the alternative 

emission limitation is the lowest 

emission limitation that the article, 

machine, equipment, or other 

contrivance is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility. 

(M)(5)(f)—This paragraph exempts 

emissions resulting from the use of any 

liquid organic materials if those 

emissions are 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. 

(M)(5)(g)—Consistent with existing 

OAC 3745–21–07, this rule exempts 

sources in Darke, Fairfield, Madison, 

Perry, Pickaway, Preble, or Union 

County that are within a facility having 

the potential to emit not more than 100 

tons of organic compounds per calendar 

year. 

(M)(5)(h)—This paragraph exempts 

sheet molding compound 

manufacturing operations from the 

emission limits in (M)(3)(g) provided 

that the resin delivery system to the 

doctor box on the SMC manufacturing 

machine is closed or covered and a 

nylon containing film is used to enclose 

the sheet molding compound. 

This exemption is acceptable because 

Ohio has adopted OAC 3745–21–25 for 

Reinforced Plastics Composites 

Production Operations, which provides 

a sufficient level of control (95 percent 

for subject sources) for SMC machines. 

OAC 3745–21–25 was proposed for 

approval on January 27, 2011 (76 FR 

4835). Paragraph M is approvable 

because the control requirements 

(typically 85 percent or higher) and 

exemptions are consistent with the prior 

version of 3745–21–07 that is contained 

in Ohio’s SIP, except as it applies to 

SMC machines. As stated above, Ohio 

adopted rule 3745–21–25 for the control 

of SMC machines. (N) This paragraph 

requires that smokeless flares be 

required for the waste gas flare systems 

that were covered by the prior version 

of 3745–21–07 that is contained in 

Ohio’s SIP. This paragraph is 

approvable because it is consistent with 

the control requirements in the prior 

version of 3745–21–07 that is contained 

in Ohio’s SIP. 

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 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). 


srobinson on DSKHWCL6B1PROD with PROPOSALS
20602 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 

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. 

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: March 30, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–8951 Filed 4–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0335; FRL–9294–4] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Proposed Disapproval of Interstate 

Transport State Implementation Plan 

Revision for the 2006 24-Hour PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to our authority 

under the Clean Air Act (CAA or Act), 

EPA is proposing to disapprove the 

portion of the Texas CAA section 

110(a)(2) ‘‘Infrastructure’’ State 

Implementation Plan (SIP) submittal 

addressing significant contribution to 

nonattainment or interference with 

maintenance in another state with 

respect to the 2006 24-hour fine particle 

(PM2.5) national ambient air quality 

standards (NAAQS). On November 23, 

2009, the State of Texas, through the 

Texas Commission on Environmental 

Quality (TCEQ), submitted a SIP to EPA 

intended to address the requirements of 

CAA section 110(a)(2) for 

‘‘infrastructure.’’ In this action, EPA is 

proposing to disapprove the portion of 

the Texas’ SIP revision submittal that 

intended to address the section 

110(a)(2)(D)(i)(I) requirements 

prohibiting a state’s emissions from 

significantly contributing to 

nonattainment or interfering with 

maintenance of the NAAQS in any other 

state. The rationale for the disapproval 

action of the SIP revision is described in 

this proposal. This action is being taken 

under section 110 of the CAA. 

DATES: Comments must be received on 

or before May 13, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0335, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2011–0335. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6645; fax number (214) 665– 

7263; e-mail address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This section provides additional 

information by addressing the following 

questions: 

I. What action is EPA proposing in today’s 

notice? 

II. What is the background for this proposed 

action? 

III. What is EPA’s evaluation of Texas’ 

submittal? 

IV. Statutory and Executive Order Reviews 


srobinson on DSKHWCL6B1PROD with PROPOSALS