Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15045 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0545; FRL–8292–3] 

Approval and Promulgation of 

Implementation Plans; Ohio; Volatile 

Organic Compound Emission Control 

Measures for Cincinnati and Dayton 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving several 

volatile organic compound (VOC) rules, 

that were submitted on May 9, 2006, 

into the Ohio State Implementation Plan 

(SIP). These rules would partially 

replace the VOC reductions from Ohio’s 

vehicle inspection and maintenance (ECheck) program (which ended on 

December 31, 2005) in the Cincinnati 

and Dayton areas. These rules include a 

provision requiring the use of lower 

emitting solvents in cold cleaner 

degreasers, the use of more efficient 

auto refinishing painting application 

techniques and a rule requiring the use 

of lower emitting portable fuel 

containers. These rules are approvable 

because they contain more stringent 

requirements than Ohio’s existing rules 

and they are enforceable. Ohio has 

correctly calculated their VOC emission 

reduction impact. EPA is also approving 

several other rule revisions, all of which 

meet EPA requirements, including an 

exemption for Ohio’s printing rules, a 

site-specific rule for an aerosol can 

filling facility, elimination of the fluid 

catalytic cracking unit limitations for a 

Marathon Petroleum LLC facility, and 

an alternative leak detection and repair 

program for the Premcor Lima Refinery. 

These rules were proposed for approval 

on December 6, 2006, and no adverse 

comments were received. 

DATES: This final rule is effective on 

April 30, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2006–0545. 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 Steven 

Rosenthal, Environmental Engineer, at 

(312) 886–6052 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052, 

rosenthal.steven@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 Public Comments Were Received on 

the Proposed Approval and What Is 

EPA’s Response. 

II. What Action Is EPA Taking? 

III. What Is the Purpose of This Action? 

IV. Statutory and Executive Order Reviews. 

I. What Public Comments Were 

Received on the Proposed Approval 

and What Is EPA’s Response? 

No adverse comments were received. 

The Sherwin-Williams Company 

submitted a comment supporting 

approval of paragraph 3745–21–09 (RR) 

pertaining to the site specific reasonably 

available control technology 

requirements for the Sherwin-Williams 

aerosol can filling facility in Bedford 

Heights, Ohio. 

Since this comment was supportive of 

the action being taken there is no need 

to respond to it. 

II. What Action Is EPA Taking? 

EPA is approving several VOC rules 

into the Ohio SIP. These include more 

stringent solvent degreasing rules, an 

exemption for its printing rules, a sitespecific rule for an aerosol can filling 

facility, elimination of the fluid catalytic 

cracking unit limitations for a Marathon 

Petroleum Company LLC facility, an 

alternative leak detection and repair 

program for the Premcor Lima Refinery, 

a rule requiring the marketing and sale 

of only low-emitting portable fuel 

containers, and a rule including the use 

of high efficiency paint application 

equipment at auto body refinishing 

operations. 

III. What Is the Purpose of This Action? 

The primary purpose of the rules that 

Ohio submitted is to obtain VOC 

emission reductions. These reductions 

would partially offset the increase in 

VOC emissions resulting from 

elimination of its E-Check program in 

the Cincinnati and Dayton areas. Ohio 

EPA has submitted additional VOC and 

nitrogen oxide emission reduction 

measures to fully compensate for the 

resulting increase in emissions. These 

additional emission reduction measures, 

as well as other demonstrations needed 

to remove the E-Check program from the 

Ohio SIP, will be the subject of future 

rulemaking actions. This notice also 

approves several site-specific rule 

revisions that have been requested by 

emission sources in Ohio. 

IV. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant regulatory 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 


cprice-sewell on PROD1PC66 with RULES
15046 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

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 rule 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 29, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, Intergovernmental 

relations, Incorporation by reference, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 6, 2007. 

Mary A. Gade, 

Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations 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)(135) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(135) On May 9, 2006, the Ohio 

Environmental Protection Agency 

submitted several volatile organic 

compound rules for approval into the 

Ohio State Implementation Plan. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code 

Chapter 3745–21–01 Definitions: 

Paragraphs (D) and (Z), adopted 1/31/ 

2006, effective 2/10/2006. 

(B) Ohio Administrative Code Chapter 

3745–21–04 Attainment dates and 

compliance time schedules: Paragraph 

(C)(16)(c), adopted 1/31/2006, effective 

2/10/2006. 

(C) Ohio Administrative Code Chapter 

3745–21–09 Control of emissions of 

volatile organic compounds from 

stationary sources and 

perchloroethylene from dry cleaning 

facilities: Paragraphs 

(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), 

and (VV), adopted 3/2/2006, effective 3/ 

12/2006. 

(D) Ohio Administrative Code Chapter 

3745–21–17: Portable Fuel Containers, 

adopted 1/31/2006, effective 2/10/2006. 

(E) Ohio Administrative Code Chapter 

3745–21–18: Commercial Motor Vehicle 

and Mobile Equipment Refinishing 

Operations, adopted 1/31/2006, 

effective 2/10/2006. 

[FR Doc. E7–5800 Filed 3–29–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2005–AZ–0009; FRL–8284–

2] 

Approval and Promulgation of 

Implementation Plans; Arizona; Motor 

Vehicle Inspection and Maintenance 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving two 

revisions to the Arizona State 

Implementation Plan submitted by the 

Arizona Department of Environmental 

Quality. These revisions consist of: 

changes to Arizona’s Basic and 

Enhanced Vehicle Emissions Inspection 

Programs to exempt collectible vehicles 

in the Phoenix metropolitan area, and 

collectible vehicles and motorcycles in 

the Tucson metropolitan area, from 

emissions testing requirements; an 

updated performance standard 

evaluation for the vehicle emissions 

inspection program in the Phoenix area; 

and new contingency measures. EPA is 

approving these two state 

implementation plan revisions because 

they meet all applicable requirements of 

the Clean Air Act and EPA’s regulations 

and because the exemptions will not 

interfere with attainment or 

maintenance of the national ambient air 

quality standards in the two affected 

areas. EPA is finalizing this action 


cprice-sewell on PROD1PC66 with RULES