Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 19125 

(B) You may take sockeye salmon 

from June 21 through July 31. The 

annual limit is 40 sockeye salmon per 

household. 

(C) You may take coho salmon from 

August 1 through October 1. The annual 

limit is 20 coho salmon per household. 

(D) You may retain other salmon 

taken incidentally by gear operated 

under terms of this permit. The 

incidentally taken salmon must be 

reported on your permit calendar. 

(E) The total annual guideline harvest 

level for the Stikine River fishery is 125 

Chinook, 600 sockeye, and 400 coho 

salmon. All salmon harvested, including 

incidentally taken salmon, will count 

against the guideline for that species. 

(xiv) You may take coho salmon with 

a Federal salmon fishing permit. There 

is no closed season. The daily harvest 

limit is 20 coho salmon per household. 

Only dip nets, spears, gaffs, handlines, 

and rod and reel may be used. There are 

specific rules to harvest any salmon on 

the Stikine River, and you must have a 

separate Stikine River subsistence 

salmon fishing permit to take salmon on 

the Stikine River. 

(xv) Unless noted on a Federal 

subsistence harvest permit, there are no 

harvest limits for pink or chum salmon. 

(xvi) Unless otherwise specified in 

paragraph (e)(13) of this section, you 

may take steelhead under the terms of 

a subsistence fishing permit. The open 

season is January 1 through May 31. The 

daily household harvest and possession 

limit is one with an annual household 

limit of two. You may only use a dip 

net, gaff, handline, spear, or rod and 

reel. The permit conditions and systems 

to receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xvii) You may take steelhead trout on 

Prince of Wales and Kosciusko Islands 

under the terms of Federal subsistence 

fishing permits. You must obtain a 

separate permit for the winter and 

spring seasons. 

(A) The winter season is December 1 

through the last day of February, with 

a harvest limit of two fish per 

household, however, only 1 steelhead 

may be harvested by a household from 

a particular drainage. You may use only 

a dip net, handline, spear, or rod and 

reel. You must return your winter 

season permit within 15 days of the 

close of the season and before receiving 

another permit for a Prince of Wales/ 

Kosciusko steelhead subsistence fishery. 

The permit conditions and systems to 

receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(B) The spring season is March 1 

through May 31, with a harvest limit of 

five fish per household, however, only 

2 steelhead may be harvested by a 

household from a particular drainage. 

You may use only a dip net, handline, 

spear, or rod and reel. You must return 

your spring season permit within 15 

days of the close of the season and 

before receiving another permit for a 

Prince of Wales/Kosciusko steelhead 

subsistence fishery. The permit 

conditions and systems to receive 

special protection will be determined by 

the local Federal fisheries manager in 

consultation with ADF&G. 

(xviii) In addition to the requirement 

for a Federal subsistence fishing permit, 

the following restrictions for the harvest 

of Dolly Varden, brook trout, grayling, 

cutthroat, and rainbow trout apply: 

(A) The daily household harvest and 

possession limit is 20 Dolly Varden; 

there is no closed season or size limit; 

(B) The daily household harvest and 

possession limit is 20 brook trout; there 

is no closed season or size limit; 

(C) The daily household harvest and 

possession limit is 20 grayling; there is 

no closed season or size limit; 

(D) The daily household harvest limit 

is 6 and the household possession limit 

is 12 cutthroat or rainbow trout in 

combination; there is no closed season 

or size limit; 

(E) You may only use a rod and reel; 

(F) The permit conditions and 

systems to receive special protection 

will be determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xix) There is no subsistence fishery 

for any salmon on the Taku River. 

Dated: March 13. 2013. 

Kathleen M. O’Reilly-Doyle, 

Acting, Assistant Regional Director, U.S. Fish 

and Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Dated: March 15. 2013. 

Steve Kessler, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 2013–07198 Filed 3–28–13; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0036; FRL–9284–4] 

Approval and Disapproval and 

Promulgation of Air Quality 

Implementation Plans; Colorado; 

Revision to Definitions; Common 

Provisions Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving State 

Implementation Plan (SIP) revisions 

submitted by the State of Colorado on 

June 20, 2003. The intended effect of 

this final rule is to approve and make 

federally enforceable those portions of 

the revisions to Colorado’s Common 

Provisions that are consistent with the 

Clean Air Act (CAA). Primarily, the 

revisions involved changes designed to 

fix ambiguous language, to make the 

definitions more readable or to delete 

obsolete definitions. In addition, a 

number of definitions were revised to 

reflect developments in federal law or 

were deleted to eliminate duplicative 

provisions that appear in other Colorado 

regulations. EPA is approving portions 

of the revision that delete duplicative or 

obsolete definitions, or that clarify 

existing definitions in a manner 

consistent with the CAA. In addition, 

EPA is disapproving those portions of 

the rule revisions that EPA determined 

are inconsistent with the CAA. This 

action is being taken under section 110 

of the CAA. 

DATES: Effective Date: This final rule is 

effective April 29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0036. 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 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 


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19126 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 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. 

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 AQCC mean or refer to 

Air Quality Control Commission. 

(vi) The initials NAAQS mean or refer 

to National Ambient Air Quality 

Standards. 

(vii) The initials BACT mean or refer 

to Best Available Control Technology, 

and the initials LAER means or refers to 

Lowest Achievable Emission Rate. 

(viii) The initials ASTM means or 

refers to the American Society for 

Testing and Materials. 

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 

On June 20, 2003, the State of 

Colorado submitted revisions to its SIP 

that changed or deleted numerous 

definitions in its Common Provisions. 

Colorado’s Common Provisions provide 

definitions, statement of intent and 

general provisions that are applicable to 

all emission control regulations adopted 

by the State. Primarily, this revision 

involved changes designed to fix 

ambiguous language, to make the 

definitions more readable or to delete 

obsolete definitions. In addition, a 

number of definitions were revised to 

reflect developments in federal law or 

deleted to eliminate duplicative 

provisions that appear in other Colorado 

regulations. 

Definitions deleted include: Actual 

emissions, allowable emissions, best 

available control technology (BACT), 

lowest achievable emission rate (LAER) 

and the modification of a source. These 

definitions were deleted from the 

Common Provisions because the State 

placed these definitions in their 

Regulation 3. 

Revisions to the Common Provisions 

also include grammatical, formatting 

and stylistic changes designed to make 

the regulation more readable. The State 

made these revisions to achieve 

consistency in the language used in the 

State’s air quality regulations. These 

revisions do not change the 

applicability of any of the air quality 

regulation requirements. The State also 

added a number of abbreviations to the 

existing list. 

The State clarified when fuel burning 

equipment would be considered part of 

a manufacturing process. The revisions 

to the Common Provisions change the 

definition of fuel burning and added a 

definition for manufacturing process 

equipment. The result was to clarify that 

fuel burning emissions are counted as 

manufacturing process emissions when 

they are vented through a common stack 

with other emissions from the 

manufacturing process. When fuel 

burning emissions are vented 

separately, the emissions are subject to 

regulations unique to fuel burning 

equipment. 

The definition of construction was 

changed to clarify the distinction 

between the State’s definition and the 

definition in federal programs. The 

clarification acknowledges that federal 

programs may utilize different 

definitions of construction and, in cases 

where enforceability of federal programs 

are involved, the federal program 

definitions apply. The State also added 

or modified the definitions of the 

following terms: continuous monitoring 

system, day, emergency power 

generator, enforceable, federally 

enforceable, and volatile organic 

compounds. 

The State determined that many of its 

definitions in Section I of the Common 

Provisions were either obsolete or found 

in other State air quality regulations. In 

those cases, the State eliminated the 

definitions from the Common 

Provisions. The State revised the 

provision for Affirmative Defense for 

excess emissions during start up, 

shutdown and malfunctions of 

equipment and moved the provision 

from Section II.E to Section II.J. The 

State added language to Section II.I 

regarding credible evidence in 

submitting compliance certifications. 

Finally, the State deleted Sections III 

and IV of the Common Provisions 

because the State determined the 

requirements in these Sections are 

duplicated in other State regulations. 

Section III refers to smoking gasoline 

powered motor vehicles. Section IV 

addresses conflict of interest by AQCC 

members. 

II. Response to Comments 

EPA did not receive comments 

regarding our proposed rule for 

Colorado’s Common Provisions 

revisions. 

III. Section 110(l) of the CAA 

Section 110(l) of the CAA states that 

a SIP revision cannot be approved if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress toward attainment of the 

NAAQS or any other applicable 

requirement of the Act. The Colorado 

SIP revisions being approved that are 

the subject of this document do not 

interfere with attainment of the NAAQS 

or any other applicable requirement of 

the Act. In regard to the June 20, 2003 

submittal, EPA proposes to approve 

several portions of the revisions to the 

State’s Common Provisions. These 

portions do not relax the stringency of 

the Colorado SIP. Therefore, the 

portions of the revisions proposed for 

approval satisfy section 110(l). 

IV. Final Action 

We are approving and disapproving 

revisions to the Common Provisions as 

submitted on June 20, 2003. EPA is 

approving specific definitions that were 

added or modified with the June 20, 

2003 Common Provisions submittal. 

These include the definitions for 

continuous monitoring system, 

emergency power generator, 

enforceable, federally enforceable, fuel 

burning, manufacturing process or 

process equipment, and volatile organic 

compounds. 

Changes that correct numerous 

grammatical, stylistic and formatting 

errors, duplicative and obsolete 

provisions, and the addition of several 

abbreviations within the Common 

Provisions are also approved by EPA. 

This includes the deletion of Section III 

of the Common Provisions regarding 

smoking gasoline powered motor 

vehicles. EPA is also approving the 

deletion of several definitions—actual 

emissions, allowable emissions, BACT, 

LAER and modification—that have been 

moved to Regulation No. 3. 

For reasons discussed in the notice of 

our proposed action, 76 FR 4268, EPA 

is disapproving the modified definitions 

of ‘‘construction’’ and ‘‘day.’’ The 

additional language added to Section II.I 

regarding credible evidence in 


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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 19127 

submitting compliance certifications is 

disapproved. Finally, EPA is 

disapproving the deletion of Section IV 

of the Common Provisions. 

EPA will not act on Sections II.E and 

II.J, defining the provision of 

Affirmative Defense for excess 

emissions during start up, shutdown 

and malfunction of equipment. The 

State in subsequent revisions sent to 

EPA modified the Affirmative Defense 

provision. EPA acted on these 

subsequent revisions, which supersede 

the revisions acted on here, in 2008 (40 

CFR 52.320(c)(113)). 

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). 

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 May 28, 2013. 

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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 14, 2011. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

PART 52 [AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Section 52.320 is amended by 

adding paragraph (c)(59)(ii) and adding 

paragraph (c)(118) to read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(59) * * * 

(ii) Common Provisions Regulation, 5 

CCR 1001–2, Section III., Smoking 

Gasoline Powered Motor Vehicle 

Control Region, is deleted without 

replacement, effective September 30, 

2002, as described in (c)(118) below. 

* * * * * 

(118) On June 20, 2003, the State of 

Colorado submitted revisions to 

Colorado’s Common Provisions 

Regulation, 5 CCR 1001–2, that revised 

the definitions of continuous 

monitoring system, emergency power 

generator, enforceable, federally 

enforceable, manufacturing process or 

process equipment, and volatile organic 

compounds. Deleted definitions 

included but were not limited to actual 

emissions, Best Available Control 

Technology (BACT), Lowest Achievable 

Emission Rate (LAER), and what 

conditions determine the modification 

of a source. These definitions were 

deleted in the Common Provisions 

because they appear in Colorado’s 

Regulation 3. The State clarified that 

fuel burning equipment emissions are 

considered a part of the manufacturing 

process emissions when the emissions 

are vented through a common stack. 

However, fuel burning equipment 

emissions vented from a separate stack 

are subject to regulations unique to fuel 

burning equipment. In addition, the 

State deleted and reserved Section III of 

the Common Provisions regarding 

smoking gasoline powered motor 

vehicles. The provisions regarding 

smoking gasoline powered motor 

vehicles were considered by the State to 

be obsolete. The revisions to the 

Common Provisions also included 

minor changes designed to fix 

ambiguous language, to make the 

definitions more readable or to delete 

obsolete or duplicative definitions. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–2, COMMON 

PROVISIONS REGULATION, Section 1., 


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Definitions, Statement of Intent, and 

General Provisions Applicable to all 

Emission Control Regulations Adopted 

by the Colorado Air Quality Control 

Commission, except I.G, the definitions 

for ‘‘Construction’’ and ‘‘Day’’; Section 

II, General, except II.E, II.I, and II.J; 

effective on September 30, 2002. 

[FR Doc. 2013–07250 Filed 3–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0088; FRL–9783–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to convert a conditional approval 

of specified provisions of the Ohio state 

implementation plan (SIP) to a full 

approval. Ohio submitted a request to 

approve revised particulate matter (PM) 

rules on February 23, 2012. The PM rule 

revisions being approved establish work 

practices for coating operations, add a 

section clarifying that sources can be 

subject to both stationary source and 

fugitive source PM restrictions, and add 

a PM emission limitation exemption for 

jet engine testing. Pursuant to a state 

commitment underlying a previous 

conditional approval of this rule, the 

revised rule provides that any 

exemption from the work practice 

requirements that the state grants to 

large coating sources must be submitted 

to EPA for approval. 

DATES: This direct final rule will be 

effective May 28, 2013, unless EPA 

receives adverse comments by April 29, 

2013. 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–2012–0088, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakely.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakely, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakely, 

Chief, Control Strategies 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–2012– 

0088. 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 email. 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@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 is the background for this action? 

II. What is EPA’s analysis of the revision? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Ohio sought SIP approval of its 

revision of Ohio Administrative Code 

(OAC) Chapter 3745–17 to clarify and 

amend its PM rules in an August 22, 

2008, submission. EPA approved nine 

sections, partially approved another 

section, and approved the rescission of 

another section of the OAC 3745–17 PM 

rules in an October 26, 2010, direct final 

rule (75 FR 65567). EPA conditionally 

approved OAC 3745–17–11 in the 

October 26, 2010, rule, conditioned on 

Ohio making specified revisions to the 

rule. The rule that EPA conditionally 

approved established work practice 

requirements for coating sources in lieu 

of PM emission limits. As written when 

submitted on August 22, 2008, OAC 

3745–17–11 would have authorized 

Ohio to exempt coating sources that are 

too large to meet the work practice 

requirements of the rule from complying 

with those requirements. No EPA 

approval of the exemption was required, 

thus the state could have unilaterally 

exempted coating sources from the work 

practice requirements. EPA 

conditionally approved OAC 3745–17– 

11 based on a commitment by Ohio to 

revise the rule to require that any 

exemption of large coating sources from 

the work practice requirements be 

submitted to EPA as a request for 

revision to the SIP. 

Pursuant to its commitment, Ohio 

revised OAC 3475–17–11, Restrictions 

on Particulate Emissions from Industrial 

Sources, on December 13, 2011. The 

revised rule was effective on December 

23, 2011. Ohio revised OAC 3745–17–11 

(A)(1)(l) to provide that any exemption 

from the surface coating PM work 


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