Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51901 

(i) The existence and magnitude of a 

commercial interest: Whether the 

requester has a commercial interest that 

would be furthered by the requested 

disclosure. The FOIA Officer shall 

consider any commercial interest of the 

requester (with reference to the 

definition of ‘‘commercial use’’ in 

paragraph (b)(2) of this section), or of 

any person on whose behalf the 

requester may be acting, that would be 

furthered by the requested disclosure. 

Requesters shall be given an 

opportunity in the administrative 

process to provide explanatory 

information regarding this 

consideration. 

(ii) The primary interest in disclosure: 

Whether any identified commercial 

interest of the requester is sufficiently 

large, in comparison with the public 

interest in disclosure, that disclosure is 

‘‘primarily in the commercial interest of 

the requester.’’ A fee waiver or 

reduction is justified where the public 

interest standard is satisfied and that 

public interest is greater in magnitude 

than that of any identified commercial 

interest in disclosure. The FOIA Officer 

ordinarily shall presume that where a 

news media requester has satisfied the 

public interest standard, the public 

interest will be the interest primarily 

served by disclosure to that requester. 

Disclosure to data brokers or others who 

merely compile and market government 

information for direct economic return 

will not be presumed to primarily serve 

the public interest. 

(5) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a fee waiver will be 

granted only for those records which so 

qualify. 

(6) Requests for the waiver or 

reduction of fees should address the 

factors listed in paragraph (n)(3) and (4) 

of this section, insofar as they apply to 

each request. FOIA Officers will 

exercise their discretion to consider the 

cost-effectiveness of their investment of 

administrative resources in this 

decision-making process, however, in 

deciding to grant waivers or reductions 

of fees. 

(7) An appeal from an adverse fee 

determination will be processed in 

accordance with § 1.559. 

(8) When considering a request for fee 

waiver, VA may require proof of 

identity. 

§ 1.562 Other rights and services. 

Nothing in this part shall be 

construed to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under the FOIA. 

Authority: Sections 1.550 to 1.562 issued 

under 72 Stat. 1114; 38 U.S.C. 501. 

PART 2—DELEGATIONS OF 

AUTHORITY 

■ 11. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 

501, 512, 515, 1729, 1729A, 5711; 44 U.S.C. 

3702, and as noted in specific sections. 

■ 12. Amend § 2.6 by: 

■ a. Revising paragraph (e)(10). 

■ b. Adding paragraph (g)(3). 

■ c. Revising the authority citation at 

the end of paragraph (g). 

The revisions and addition read as 

follows: 

§ 2.6 Secretary’s delegations of authority 

to certain officials (38 U.S.C. 512). 

* * * * * 

(e) * * * 

(10) Except as prescribed in paragraph 

(g)(3) of this section, the General 

Counsel, Deputy General Counsel, and 

the Assistant General Counsel for 

Professional Staff Group IV are 

authorized to make final Departmental 

decisions on appeals under the Freedom 

of Information Act, the Privacy Act, and 

38 U.S.C. 5701, 5705 and 7332. 

(Authority: 38 U.S.C. 512) 

* * * * * 

(g) * * * 

(3) The Office of Inspector General is 

authorized to make final decisions on 

appeals submitted pursuant to the 

Freedom of Information Act concerning 

any Office of Inspector General records. 

(Authority: 38 U.S.C. 512) 

[FR Doc. 2011–20774 Filed 8–18–11; 8:45 am] 

BILLING CODE P 

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: 


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51902 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 

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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

revising paragraph (c)(114)(i)(A) and by 

adding paragraph (c)(154) to read as 

follows: 

§ 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 


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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0340; FRL–9454–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revised Definitions; 

Construction Permit Program Fee 

Increases; Regulation 3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the two 

State Implementation Plan (SIP) 

revision packages submitted by the State 

of Colorado on August 1, 2007. EPA is 

approving the August 1, 2007 submittal 

revisions to Regulation 3, Part A, 

Section I where the State expanded on 

the definition of nitrogen dioxide (NO2) 

to include it as a precursor to ozone. An 

increase in the amount of the fees 

charged for pollutant emissions and 

minor wording additions as specified in 

Regulation 3, Part A, Section VI.D.1 is 

approved. EPA is also approving one 

grammatical change the State made to 

Regulation 3 in the August 1, 2007 

submittal. In addition, EPA is taking no 

action on several revisions to Colorado’s 

Regulation 3 regarding New Source 

Review (NSR), that are contained in this 

submittal, where previously proposed, 

pending, or future actions by EPA have 

addressed or will address these 

revisions. EPA is also not acting on 

three provisions in the submittals that 

are not in Colorado’s SIP and revisions 

to the State’s requirements to file Air 

Pollution Emission Notices (APENs). 

This action is being taken under section 

110 of the Clean Air Act (CAA). 

DATES: EFFECTIVE DATE: This final rule is 

effective September 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0340. 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 Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, telephone number (303) 

312–6022, fax number (303) 312–6064, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Colorado 

mean the State of Colorado, unless the 

context indicates otherwise. 

(v) The initials APEN mean or refer to 

Air Pollutant Emission Notice. 

(vi) The initials NSR mean or refer to 

New Source Review, the initials PSD 

mean or refer to Prevention of 

Significant Deterioration and the initials 

NAAQS mean or refer to National 

Ambient Air Quality Standards. 

(vii) The initials NO2 mean Nitrogen 

Dioxide. 

Table of Contents 

I. Background Information 

II. Response to Comments 

III. Section 110(l) of the CAA 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background Information 

The State’s August 1, 2007 submittal 

consisted of two packages of revisions to 

the State’s Regulation 3. The first 

package of revisions was adopted by the 

State on August 17, 2006 and corrected 

minor issues EPA had identified 

regarding Colorado’s NSR program. The 

State adopted the revisions in order to 

ensure that the State would continue to 

have Federal approval of its NSR 

program. In the definitions section of 

Regulation 3, Part A, Section I.B.16, 

Colorado adopted language to treat NO2

as an ozone precursor. The State added 

in Part A, Section II.C.2.b(ii) under its 

APEN requirements that an increase of 

one ton per year or greater of nitrogen 

oxides emissions from a source with 

annual actual emissions less than one 

hundred tons and located in an ozone 

nonattainment area constituted a 

significant change. A significant change 

meant that a new APEN must be 

submitted to the State. 

In the same revision, Methyl Ethyl 

Ketone was removed as a reportable 

compound from Appendix B of 

Regulation 3. The State added T-Butyl 

Acetate as a non-criteria reportable 

pollutant in Regulation 3, Appendix B. 

The second package of revisions 

adopted on December 14, 2006 

contained annual emission fee increases 

in Part A, Section VI.D.1 of Regulation 

3. The increase in fees is used to pay for 

the State’s increased workload from the 

processing of APENs and permits. 

One grammatical change was made by 

the State in Part A, Section I.B.9.d. in 

their Regulation 3. The grammatical 

change is listed as follows: 

• Section I.B.9.d. Applicable 

Requirement. 

The right double parenthesis around 

the wording ‘‘Regulation No. 8’’ was 

removed and replaced with a single 

right parenthesis. 


wreier-aviles on DSKDVH8Z91PROD with RULES