Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 40745 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1129; FRL–8941–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Consumer Products Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Ohio Environmental 

Protection Agency (Ohio EPA) on 

October 5, 2007, to revise the Ohio State 

Implementation Plan (SIP) under the 

Clean Air Act. The State has submitted 

new volatile organic compounds (VOCs) 

control rules for approval under Chapter 

3745–112 of the Ohio Administrative 

Code (OAC). The rules include OAC 

3745–112–01 to OAC 3745–112–08 and 

are intended to assist the State in 

achieving and/or maintaining the 

national 8-hour ground level ozone 

standard through the regulation of VOCs 

in consumer products. Ohio followed, 

with some modifications, the Ozone 

Transport Commission’s ‘‘Model Rule 

for Consumer Products,’’ (Model Rule) 

in developing the State’s submittal. 

DATES: This direct final rule will be 

effective October 13, 2009, unless EPA 

receives adverse comments by 

September 14, 2009. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–1129, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

1129. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your 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 Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0258, 

chang.andy@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. When did the State submit the requested 

rule revisions to EPA, and did the State 

satisfy the administrative requirements 

of 40 CFR Part 51, Appendix V? 

II. What are the revisions that the State is 

requesting for incorporation into the SIP? 

A. Definitions and Applicability for 

Volatile Organic Compounds Emissions 

From Consumer Products 

B. Standards and Exemptions for Volatile 

Organic Compounds Emissions From 

Consumer Products 

C. Administrative and Reporting 

Requirements, Variances, and Testing 

Methods for Volatile Organic 

Compounds Emissions From Consumer 

Products 

III. What will approval of these rules 

accomplish? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. When did the State submit the 

requested rule revisions to EPA, and 

did the State satisfy the administrative 

requirements of 40 CFR Part 51, 

Appendix V? 

Ohio EPA submitted the requested 

revisions to EPA on October 7, 2007, 

and demonstrated through its submittal 

that the State satisfied all the 

requirements of 40 CFR Part 51, 

Appendix V, ‘‘Criteria for Determining 

the Completeness of Plan Submissions.’’ 

The administrative requirements are 

outlined in Section 2.1 of this appendix. 

Most notably, a public hearing was held 

on June 12, 2007, and the rules became 

effective State-wide on September 12, 

2007. 

II. What are the revisions that the State 

is requesting for incorporation into the 

SIP? 

The State has requested that EPA 

approve new rules under Chapter 3745– 

112 of the OAC. These rules include 

3745–112–01 (Definitions); 3745–112– 

02 (Applicability); 3745–112–03 

(Standards); 3745–112–04 (Exemptions); 

3745–112–05 (Administrative 

Requirements); 3745–112–06 (Reporting 

Requirements); 3745–112–07 

(Variances); and 3745–112–08 (Test 

Methods). All submitted rules are 

intended to assist the State in achieving 

and/or maintaining the national 8-hour 

ground level ozone standard through the 

regulation of volatile organic 


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40746 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 

compounds in consumer products. The 

revisions are described in detail below. 

A. Definitions and Applicability for 

Volatile Organic Compounds Emissions 

From Consumer Products 

Ohio EPA submitted definitions and 

applicability rules, which adopt almost 

verbatim, the rules found in the Model 

Rule. There are very minor 

modifications, which are related to 

implementation and compliance dates 

that are updated from the Model Rule. 

With exceptions only applicable to the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) regulated 

products, the implementation date is 

January 1, 2009. Unless provided in 

subsequent rule 3745–112–04 

(Exemptions), the applicability rule 

applies to any person who sells, 

supplies, offers for sale, or manufactures 

consumer products on or after January 

1, 2009, for use in the State of Ohio. 

Specifying implementation and 

compliance dates do not make the rules 

less stringent; therefore, EPA concludes 

that the State’s definitions and 

applicability rules for VOC emissions 

from consumer products are approvable. 

B. Standards and Exemptions for 

Volatile Organic Compounds Emissions 

From Consumer Products 

Ohio EPA adopted the Model Rule’s 

standards for VOC emissions in their 

entirety with very minor modifications; 

Ohio EPA has specified that any 

consumer product manufactured prior 

to January 1, 2009, may be sold, 

supplied, or offered for sale after 

January 1, 2009 (sell-through of 

products). The State’s exemptions rules 

were based entirely on the Model Rule, 

and include those for ‘‘Innovative 

Products.’’ Specifying a date pertaining 

to sell-through of products does not 

weaken the rules; therefore, EPA 

concludes that the State’s standards and 

exemptions rules for VOC emissions 

from consumer products are approvable. 

C. Administrative and Reporting 

Requirements, Variances, and Testing 

Methods for Volatile Organic 

Compounds Emissions From Consumer 

Products 

The rules covering these sections 

were drafted in their entirety based on 

guidance from the Model Rule. All 

requirements and methodologies mirror 

exactly those found in the Model Rule; 

therefore, EPA concludes that the State’s 

administrative and reporting 

requirements, variances, and testing 

methods for VOC emissions from 

consumer products are approvable. 

III. What will approval of these rules 

accomplish? 

Approval of these rules submitted by 

Ohio EPA will help attain and maintain 

the national eight-hour standard for 

ground-level ozone, and reduce eighthour ozone levels. Ozone is a human 

respiratory system irritant, and is 

harmful to the environment as well. 

Both ozone and volatile organic 

compounds are components of smog, 

which poses a significant threat to 

animal, plant, and human life. By 

maintaining the national standard for 

ground-level ozone and decreasing the 

levels of ozone, the benefits to human 

and environmental health in the State of 

Ohio and surrounding areas is expected 

to be permanent. 

IV. What action is EPA taking? 

We are approving revisions to the 

Ohio SIP; the State has submitted new 

rules under Chapter 3745–112 of the 

OAC. These rules encompass OAC rule 

3745–112–01 to OAC rule 3745–112–08, 

and are intended to assist the state of 

Ohio in achieving and/or maintaining 

the national 8-hour ground level ozone 

standard through the regulation of VOCs 

in consumer products. Ohio drafted 

their rules based almost entirely on the 

Model Rule with one exception, 

severability, which was already 

addressed in OAC rule 3745–15–09. 

We are approving these rules because 

they will help reduce emissions of 

volatile organic compounds and will 

therefore help reduce ground-level 

ozone concentrations in the State of 

Ohio and surrounding areas. Ohio EPA’s 

rules closely follow the Model Rule, 

which EPA has determined to be 

approvable in other SIPs. The State’s 

submittal meets the requirements of 

Section 183 of the Clean Air Act, as well 

as requirements of 40 CFR Part 51, 

Appendix V. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the Proposed Rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective October 13, 2009 without 

further notice unless we receive relevant 

adverse written comments by September 

14, 2009. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period, therefore, any parties interested 

in commenting on this action should do 

so at this time. If we do not receive any 

comments, this action will be effective 

October 13, 2009. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 


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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 40747 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 13, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 28, 2009. 

Walter W. Kovalick Jr, 

Acting Regional Administrator, Region 5. 

■ 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 paragraph (c)(147) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(147) On October 5, 2007, Ohio 

submitted revisions to Ohio 

Administrative Code Chapter 3745–112, 

Rules 3745–112–01 through 3745–112– 

08. The revisions regulate the volatile 

organic compounds content of 

consumer products. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–112–01 ‘‘Definitions.’’, Rule 3745– 

112–02 ‘‘Applicability.’’, Rule 3745– 

112–03 ‘‘Standards.’’, Rule 3745–112–04 

‘‘Exemptions.’’, Rule 3745–112–05 

‘‘Administrative requirements.’’, Rule 

3745–112–06 ‘‘Reporting 

requirements.’’, Rule 3745–112–07 

‘‘Variances.’’, and Rule 3745–112–08 

‘‘Test methods.’’, adopted September 5, 

2007, effective on September 15, 2007. 

(B) September 5, 2007, ‘‘Director’s 

Final Findings and Orders’’, signed by 

Chris Korleski, Director, Ohio 

Environmental Protection Agency. 

[FR Doc. E9–19305 Filed 8–12–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0591; FRL–8941–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revised Motor Vehicle 

Emission Budgets for the York-Adams 

Counties 8-Hour Ozone Maintenance 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision amends the 

8-hour ozone maintenance plan for the 

York-Adams Counties 8-Hour Ozone 

Maintenance Area (the Area). This 

revision amends the maintenance plan’s 

2009 and 2018 motor vehicle emissions 

budgets (MVEBs) by unequally dividing 

the existing approved MVEBs which 

covers the entire maintenance area into 

two sub-regional MVEBs, one set of 

MVEBs for each county comprising the 

area. The revised plan continues to 

demonstrate maintenance of the 8-hour 

national ambient air quality standard 

(NAAQS) for ozone. EPA is approving 

this SIP revision to the Pennsylvania 

maintenance plan for York-Adams in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on October 

13, 2009 without further notice, unless 

EPA receives adverse written comment 

by September 14, 2009. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2008–0591 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: febbo.carol@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0591, 

Carol Febbo, Chief, Energy, Radiation 

and Indoor Environment Branch, 

Mailcode 3AP23, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2008– 

0591. 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. 


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