[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Rules and Regulations]
[Pages 51901-51903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21225]


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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.

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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rule 3745-21-07, which was part of Ohio's SIP, was rescinded by Ohio 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:


[[Page 51902]]


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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart KK--Ohio

0
2. Section 52.1870 is amended by revising paragraph (c)(114)(i)(A) and 
by adding paragraph (c)(154) to read as follows:


Sec.  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

[[Page 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]
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