Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 34939 

Dated: June 3, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–14848 Filed 6–18–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–OH–0003; FRL– 

9159–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Final Approval and Promulgation of 

State Implementation Plans; Carbon 

Monoxide and Volatile Organic 

Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this action, under the Clean 

Air Act, we are: Approving into the 

State Implementation Plan (SIP) certain 

regulation revisions within Ohio 

Administrative Code (OAC) 3745–21 

(Carbon Monoxide, Photochemically 

Reactive Materials, Hydrocarbons, and 

related Materials Standards) which have 

been adopted by the State; recognizing 

various emission control exemptions 

that have been granted for 

miscellaneous metal coating operations 

under OAC 3745–21–09(U)(2)(f); and 

taking no action on certain regulation 

revisions. We proposed to take these 

actions in a document published on 

January 22, 2010, and received no 

comments. 

DATES: This final rule is effective on July 

21, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2005–OH–0003. 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 Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Criteria Pollutant 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777; 

maietta.anthony@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 were EPA’s proposed actions? 

II. Public Comments and EPA Responses 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What were EPA’s proposed actions? 

This action addresses revisions to 

OAC 3745–21 in a set of submittals 

dated October 9, 2000, February 6, 2001, 

and August 3, 2001; and also addresses 

revisions to OAC 3745–21, submitted on 

June 24, 2003, as part of Ohio’s five-year 

rule review process. On January 22, 

2010 (75 FR 3668), EPA proposed a 

variety of actions regarding revisions to 

OAC 3745–21. We proposed to approve: 

(1) Revisions to the rules which 

corrected grammar and spelling 

mistakes; (2) revisions to attainment 

dates and compliance schedules listed 

within the rules; (3) clarifications which 

made hard-to-interpret portions of the 

rules easier to understand; (4) removal 

of an exemption for certain geographic 

areas to carbon monoxide (CO) rules; 

and, (5) site specific emissions limit 

amendments. Our proposed action 

contains more information on the rule 

revisions submitted and our evaluation 

of them. 

In our proposed action, we also 

provided extensive discussion regarding 

a provision of 2745–21–09(U)(2)(f) 

authorizing alternate miscellaneous 

metal coating limits in selected cases. 

EPA proposed to recognize alternate 

limits that Ohio issued during a period 

when the State had unilateral authority 

to do so. EPA also described a process 

developed in concert with Ohio EPA for 

addressing future requests for such 

alternate limits. Further discussion of 

this process, as well as more 

information on the rule revisions 

submitted and our evaluation of them, 

can be found in our proposed action. 

We proposed conditional approval of 

PAC 3745–21–09(BBB)(1) (which affects 

the BF Goodrich Company Akron 

Chemical Plant) and disapproval of 

OAC 3745–21–09(U)(1)(h) (which 

affects sources conducting surface 

coating of miscellaneous metal parts 

and products). For administrative 

convenience, we will complete 

rulemaking on these portions of Ohio’s 

submittal in a later action. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. We did not 

receive any comments on the proposed 

action. 

III. What action is EPA taking? 

EPA today is only approving rules 

submitted by Ohio which have not been 

separately approved. For the full listing 

of rules we proposed to approve, please 

see the proposed rulemaking for today’s 

action (75 FR 3668). In a separate 

rulemaking on July 28, 2009 (74 FR 

37171), EPA has already approved later 

versions of certain rules. Additional 

information on the approval of these 

rules is provided in the proposal for that 

action published on May 7, 2009, at 74 

FR 21295. 

EPA is fully approving into the Ohio 

SIP the following revised rule 

paragraphs as adopted by the State of 

Ohio and as defined in Ohio’s 

submittals: 

In OAC 3745–21–09, title, paragraphs 

(A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e), 

(B)(3)(f), (B)(3)(h), (B)(3)(j), (B)(3)(l), 

(B)(4)(a), (B)(4)(b), (C)(4), (H)(1)(a), 

(H)(1)(b), (H)(3), (O)(5)(b), (O)(6)(a), 

(O)(6)(b), (R)(4), the portion of 

paragraph (U)(2)(e) which states ‘‘Daily 

usage limitations included in (U)(2)(e)(i) 

through (U)(2)(e)(iii) above shall not 

apply to coatings employed by the metal 

parts or products coating line on parts 

or products which are not metal’’, 

(U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b), 

(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), 

(KK)(1), (NN)(1), (NN)(2), 

(NN)(3),(NN)(4), (NN)(5), (OO), (OO)(1), 

(OO)(2), (OO)(3), (OO)(4), (PP)(2), 

(UU)(3), (AAA), (DDD), and 

Appendix A. 

EPA is taking no action on revisions 

to 3745–21–09(U)(2)(f), from both the 

October 9, 2000, and June 24, 2003, 

submittals, because EPA approved a 

later version of this paragraph on July 

28, 2009 (74 FR 37171). EPA will 

continue to honor exemptions granted 

by Ohio under this rule as it existed in 

the SIP after May 5, 1995, but prior to 

June 15, 1999. This leaves two time 

periods in which Ohio issued permits 

and amendments for which there are 

two separate methods to incorporate 

affected permits and amendments into 

the SIP: Prior to May 5, 1995, and after 

June 15, 1999. EPA will address any 

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34940 Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 

exemptions granted prior to May 5, 

1995, in a separate rulemaking after we 

work with Ohio EPA to determine the 

proper course of action for dealing with 

these sources. EPA will address any 

sources seeking alternate limits under 

this paragraph after June 15, 1999, as 

they will be subject to limits which 

result from the ongoing EPA and Ohio 

EPA resolution of this matter. 

EPA is also taking no action on 

revisions to OAC 3725–21 chapters 01, 

02, 03, 04, 06, 08, and 10 because newer 

versions of these chapters were 

approved and incorporated into Ohio’s 

SIP in a subsequent rulemaking (74 FR 

37171). 

IV. 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 Clean Air 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). 

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 August 20, 2010. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Volatile 

organic compounds. 

Dated: May 20, 2010. 

Walter W. Kovalick, Jr., 

Acting 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 

adding paragraphs (c)(102)(i)(C)(1) and 

(c)(149) to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(102) * * * 

(i) * * * 

(C) * * * 

(1) Previously approved on October 

31, 1995 in paragraph (c)(102)(i)(C) of 

this section and now deleted without 

replacement: OEPA OAC Rule 3745–21– 

09, Control of Emissions of Volatile 

Organic Compounds from Stationary 

Sources, Paragraph (AAA), as adopted 

by Ohio on October 25, 2002, effective 

on November 5, 2002. 

* * * * * 

(149) On October 9, 2000, February 6, 

2001, August 3, 2001, and June 24, 

2003, Ohio submitted revisions to Ohio 

Administrative Code (OAC) Chapter 

3745–21 to address a variety of changes 

to its Carbon Monoxide and Volatile 

Organic Compounds regulations. The 

pertinent provisions are in OAC 3745– 

21–09; for other rules in these 

submittals, later versions have been 

addressed in separate rulemaking (see 

paragraph 146 of this section). 

(i) Incorporation by reference. 

(A) The following paragraphs of OAC 

3745–21–09, entitled ‘‘Control of 

emissions of volatile organic 

compounds from stationary sources and 

perchloroethylene from dry cleaning 

facilities,’’ as adopted by Ohio on 

October 25, 2002, effective on November 

5, 2002: 

(1) Paragraphs (A)(4), (B)(3)(a), 

(B)(3)(d), (B)(3)(e), (B)(3)(f), (B)(3)(h), 

(B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b), 

(C)(4), (H)(1), (H)(3), (O)(5)(b), (O)(6), 

(R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b), 

(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), 

(KK)(1), (NN), (OO), (PP)(2), (UU)(3), 

(DDD), and Appendix A. 

(2) Within paragraph (U), the 

undesignated paragraph following 

(U)(2)(e). 

(B) October 25, 2002, ‘‘Director’s Final 

Findings and Orders’’, signed by 

Christopher Jones, Director, Ohio 

Environmental Protection Agency. 

(ii) Additional Information. The 

following permits to install authorizing 

exemptions under OAC Rule 3745–21– 

09(U)(2)(f) were issued by Ohio during 

the time period when the State had 

unilateral authority to issue them. 

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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 34941 

(A) Permit To Install issued by the 

State Of Ohio to Chase Industries, Inc, 

Cincinnati, OH, on June 24, 1998, for 

emissions unit K002, pursuant to 

application number 14–4578. 

(B) Permit To Install issued by the 

State Of Ohio to CAE Ransohoff, Inc., 

Union, OH, on March 5, 1997, for 

emissions units K001 and K002, 

pursuant to application number 14– 

4268. 

(C) Permit To Install issued by the 

State Of Ohio to Phoenix Presentations, 

Inc., Butler County, OH, on January 21, 

1999, for emissions units R001, R002, 

and R003, pursuant to application 

number 14–4612. 

(D) Permit To Install issued by the 

State Of Ohio to CTL Aerospace, Inc., 

Cincinnati, OH, on August 19, 1998, for 

emissions unit R005, pursuant to 

application number 14–4572. 

(E) Permit To Install issued by the 

State Of Ohio to Hamilton Fixture, 

Hamilton, OH, on April 24, 1996, for 

emissions unit R006, pursuant to 

application number 14–4014. 

(F) Permit To Install issued by the 

State Of Ohio to Lt. Moses Willard, Inc., 

Milford, OH, on December 23, 1997, for 

emissions units K001 and K002, 

pursuant to application number 14– 

4220. 

(G) Permit To Install issued by the 

State Of Ohio to WHM Equipment Co., 

Cincinnati, OH, on May 28, 1997, for 

emissions unit K001, pursuant to 

application number 14–4348. 

(H) Permit To Install issued by the 

State Of Ohio to Panel-Fab, Inc., 

Cincinnati, OH, on June 12, 1996, for 

emissions unit K001, pursuant to 

application number 14–4027. 

(I) Permit To Install issued by the 

State Of Ohio to Cincinnati Fan & 

Ventilator, Mason, OH, on June 15, 

1995, for emissions unit K003, pursuant 

to application number 14–3774. 

(J) Permit To Install issued by the 

State Of Ohio to Honda of America 

Manufacturing, Inc., Marysville, OH, on 

December 24, 1997, for emissions units 

R003, and R103, pursuant to application 

number 01–6743. 

(K) Permit To Install issued by the 

State Of Ohio to Durr Ecoclean, Inc. 

(formerly Henry Filters, Inc.), Bowling 

Green, OH, on June 26, 1996, for 

emissions unit K001 pursuant to 

application number 03–9510. 

(L) Permit To Install issued by the 

State Of Ohio to Honda of America 

Manufacturing, Inc., East Liberty, OH, 

on April 17, 1996, for emissions units 

K009 and K013, pursuant to application 

number 05–7923. 

(M) Permit To Install issued by the 

State Of Ohio to American Trim, LLC 

(formerly Stolle Corporation, Stolle 

Products Division), Sidney, OH, on 

September 13, 1995, K045, pursuant to 

application number 05–7329. 

(N) Permit To Install issued by the 

State Of Ohio to American Trim, LLC 

(formerly Stolle Products), Sidney, OH, 

on December 3, 1998, for emissions unit 

K048, pursuant to application number 

05–9516. 

(O) Permit To Install issued by the 

State Of Ohio to Hawkline Nevada, LLC 

(formerly Trinity Industries, Inc.), Plant 

101, Mt. Orab, OH, on February 28, 

1996, for emissions unit K001, pursuant 

to application number 07–407. 

(P) Permit To Install issued by the 

State Of Ohio to American Trim, LLC 

(formerly Superior Metal Products), 

Lima, OH, on July 23, 1997, for 

emissions unit K002, pursuant to 

application number 03–0397. 

[FR Doc. 2010–14902 Filed 6–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 07–198; FCC 10–17] 

Review of the Commission’s Program 

Access Rules and Examination of 

Programming Tying Arrangements 

AGENCY: Federal Communications 

Commission 

ACTION: Final Rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with new rules 47 CFR 

Sections 76.1001(b)(2) and 76.1003(l), 

and the amendment to 47 CFR Section 

76.1003(c)(3). On March 3, 2010, the 

Commission published the summary 

document of the First Report and Order, 

In the Matter of Review of the 

Commission’s Program Access Rules 

and Examination of Programming Tying 

Arrangements, MB Docket No. 07–198, 

FCC 10–17, at 75 FR 9692. The Ordering 

Clause of the First Report and Order 

stated that new rules 47 CFR Sections 

76.1001(b)(2) and 76.1003(1) and the 

amendment to 47 CFR Section 

76.1003(c)(3) will become effective after 

the Commission publishes a document 

in the Federal Register announcing 

when OMB approval for the information 

collection requirements associated with 

these rules has been received and when 

the revised rules will take effect. This 

document is consistent with the 

statement in the First Report and Order. 

Therefore, these rules will take effect on 

June 21, 2010. 

DATES: 47 CFR Sections 76.1001(b)(2) 

and 76.1003(l), and the amendment to 

47 CFR Section 76.1003(c)(3) published 

at 75 FR 9692, March 3, 2010 are 

effective on June 21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams, cathy.williams@fcc.gov 

or on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on June 14, 

2010, OMB approved, for a period of 

three years, the information collection 

requirement(s) contained in new rules 

47 CFR Sections 76.1001(b)(2) and 

76.1003(l), and the amendment to 47 

CFR 76.1003(c)(3). The Commission 

publishes this document to announce 

the effective date of these rules. 

SYNOPSIS 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on June 

14, 2010, for the information collection 

requirement(s) contained in new rules 

47 CFR Sections 76.1001(b)(2) and 

76.1003(l), and the amendment to 47 

CFR 76.1003(c)(3). 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060– 

0888 and the total annual reporting 

burdens for respondents for these 

information collections are as follows: 

OMB Control Number: 3060–0888. 

OMB Approval Date: June 14, 2010. 

Expiration Date: June 30, 2013. 

Title: Section 76.7, Petition 

Procedures; Section 76.9, 

Confidentiality of Proprietary 

Information; Section 76.61, Dispute 

Concerning Carriage; Section 76.914, 

Revocation of Certification; Section 

76.1001, Unfair Practices; Section 

76.1003, Program Access Proceedings; 

Section 76.1302, Carriage Agreement 

Proceedings; Section 76.1513, Open 

Video Dispute Resolution. 

Form Number: Not applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities. 

Number of Respondents and 

Responses: 640 respondents; 640 

responses. 

Estimated Time per Response: 4.5 – 

67.5 hours. 

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