11748 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations 

facilities located upstream from the new 

bridge. 

The lift span at the new bridge is out 

of skew and must be adjusted to prevent 

damage to the operating system. The 

adjustment maintenance requires the 

bridge to remain in the closed position 

for four hours. 

The upstream oil facilities were all 

advised regarding the four hour closure. 

No objections were received. 

Under this temporary deviation the 

bridge may remain in the closed 

position from 8 p.m. through midnight 

on February 21, 2013. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 11, 2013. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2013–03883 Filed 2–19–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1102; EPA–R05– 

OAR–2008–0782; FRL–9771–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

PBR and PTIO 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: As additions to Ohio’s State 

Implementation Plan (SIP) under the 

Clean Air Act, EPA is approving six 

Permit-by-Rule (PBR) provisions, a 

Permit to Install and Operate (PTIO) 

program, two permanent exemptions 

from the Permit to Install (PTI) 

requirement, and a General Permit 

program. The Ohio Environmental 

Protection Agency (OEPA) requested 

these rule revisions to make its air 

pollution permit program more efficient. 

Approving these additions will make 

the PBRs, PTIOs, and general permits 

Federally enforceable. Because these 

rule revisions will make Ohio’s air 

permit program more efficient while 

continuing to protect human health and 

the environment, EPA approves the 

revisions. 

DATES: This final rule is effective on 

March 22, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA R05 OAR 2007–1102; EPA– 

R05–OAR–2008–0782. 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 Kaushal 

Gupta, Environmental Engineer, at (312) 

886–6803 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Kaushal Gupta, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6803, 

gupta.kaushal@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 does this document address? 

II. What program changes is EPA approving? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What does this document address? 

This document addresses requests 

from Ohio to incorporate the following 

rules into the Ohio SIP. 

1. PBR and Permanent Exemption 

Provisions 

Ohio’s Federally approved 

construction program, Ohio 

Administrative Code (OAC) 3745–31 

(‘‘Permits to Install New Sources of 

Pollution’’) provides the authority for 

OEPA to issue PTIs to new sources of 

air pollution or modifications to existing 

sources of air pollution. For attainment 

areas, the program was conditionally 

approved into Ohio’s SIP on October 10, 

2001 (66 FR 51570) and fully approved 

on January 22, 2003 (68 FR 2909). For 

nonattainment areas, the program was 

fully approved on January 10, 2003 (68 

FR 1366). Included in this program at 

OAC 3745–31–03 (‘‘Permit to install 

exemptions’’) are exemptions from the 

requirement to obtain a PTI before 

constructing or modifying a source of air 

pollution. The types of exemptions 

include permanent exemptions, Federalbased exemptions, discretionary 

exemptions, and PBR exemptions 

(exempting certain sources from the PTI 

requirement as long as they comply 

with the relevant provisions of the PBR 

rule). 

On April 24, 2006, EPA received a 

request from OEPA to approve the 

addition of two permanent exemptions 

and six PBR provisions to the SIP. 

2. PTIO and General Permit Programs 

Prior to the rulemaking, a minor 

source (that is, a source not subject to 

Title V of the Clean Air Act) in Ohio 

would be issued both a PTI under OAC 

3745–31 and a Permit to Operate (PTO) 

under OAC 3745–35 (‘‘Air Permits to 

Operate and Variances’’). Ohio is now 

combining both permit programs into a 

new PTIO program. Under the PTIO 

program, a minor source would be 

issued one PTIO instead of a PTI and a 

PTO. 

On June 30, 2008, the state regulations 

to implement the PTIO program became 

effective and OAC 3745–35 was 

rescinded. On July 18, 2008, OEPA 

submitted to EPA a request to approve 

the addition of the PTIO program and a 

General Permit program to the SIP. The 

changes to Ohio’s SIP involve the 

modification of various parts of OAC 

3745–31, the removal of OAC 3745–35, 

and the addition of OAC 3745–31–29 to 

enable the issuance of Federally 

enforceable general PTIs and general 

PTIOs. 

On October 1, 2012, EPA approved 

the aforementioned PBR, permanent 

exemption, PTIO, and General Permit 

program provisions (77 FR 59751) as a 

revision to Ohio’s SIP. However, the 

provisions included the following terms 

which EPA had not intended to act on: 

• The SIP revision classified 

municipal incinerators capable of 

charging more than 250 tons of refuse 

per day as having a major stationary 

source emission threshold of 100 tons 

per year or more. OAC 3745–31– 

01(LLL)(2)(a)(ix). 

• The SIP revision allowed OEPA 

Director’s discretion for complying with 

the public participation notification 

requirements for Federal Land 

Managers. OAC 3745–31–06(H)(2)(d). 

• The SIP revision allowed Director’s 

discretion and specific exemptions with 

regard to preconstruction activities. 

OAC 3745–31–33. 

EPA withdrew its approval on 

November 23, 2012 (77 FR 70121). This 

document approves the PBR, permanent 

exemption, PTIO, and General Permit 


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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations 11749 

program provisions without taking 

action on the above language. It is a 

final action based on the proposed 

approval published on October 1, 2012 

(77 FR 59879). 

II. What program changes is EPA 

approving? 

1. PBR and Permanent Exemption 

Provisions 

EPA is approving the requested 

modifications and additions to the 

permanent exemption and PBR 

provisions in OAC 3745–31–03. The 

significant changes are as follows. 

The permanent exemption from the 

requirement to obtain a PTI for organic 

liquid storage tanks is being expanded 

to cover larger tanks. Currently, the 

exemption only applies to tanks with a 

capacity less than 10,000-gallons; the 

modification would exempt tanks of less 

than 19,815-gallon capacity (except for 

gasoline storage tanks at bulk gasoline 

plants), tanks between 19,815 and 

39,894-gallon capacity with maximum 

true vapor pressure less than 2.176 

pounds per square inch absolute (psia), 

and tanks of 39,894-gallon or greater 

capacity with maximum true vapor 

pressure less than 0.508 psia. Note that 

permanent exemptions under this rule 

do not exempt any source from the 

requirements of the Clean Air Act, 

including but not limited to, being 

considered for purposes of determining 

whether a facility constitutes a major 

source or being included in a Title V 

permit application. 

PBR exemptions from the requirement 

to apply for individual PTIs are being 

added for auto body refinishing 

facilities, gasoline dispensing facilities 

with Stage I controls, gasoline 

dispensing facilities with Stage I and 

Stage II controls, boilers and heaters, 

small printing facilities, and mid-size 

printing facilities that meet certain size, 

throughput, and process requirements. 

Each PBR exemption has requirements 

for emission limitation and/or control, 

monitoring and/or recordkeeping, 

reporting, and testing. Furthermore, the 

PBR exemptions rule now includes 

general provisions for recordkeeping, 

record retention, notification, and 

reporting requirements that apply to all 

sources utilizing the PBR exemptions. 

The general provisions clarify that the 

PBR exemptions do not exempt any 

source from the requirements of the 

Clean Air Act, including but not limited 

to, being considered for purposes of 

determining whether a facility 

constitutes a major source or being 

included in a Title V permit application. 

In a December 1, 2008, letter, Ohio 

provided technical support for the PBR 

and PTIO provisions to demonstrate that 

the provisions are protective of the 

national ambient air quality standards, 

prevention of significant deterioration 

increments, reasonable further progress 

demonstrations and visibility, and are 

not in violation of section 193 of the 

Clean Air Act, the ‘‘General Savings 

Clause.’’ 

In a February 14, 2012, letter, Ohio 

provided a survey of the estimated 

emissions from the state’s organic liquid 

storage tanks to demonstrate that the 

modified permanent exemption for 

organic liquid storage tanks would have 

no negative impact on air quality. In a 

May 24, 2012, email, Ohio clarified that 

in the context of this exemption, an 

‘‘organic liquid’’ is an organic 

compound at the temperature and 

pressure experienced inside the storage 

tank, and that the organic liquid would 

have to remain a liquid to qualify for the 

exemption. The email further clarified 

that the ‘‘submerged fill’’ mentioned in 

this rule is the same as a ‘‘submerged fill 

pipe’’ as defined in OAC 3745–21– 

01(C)(6). 

2. PTIO and General Permit Programs 

OAC Chapter 3745–35, which 

contained the rules for PTOs and 

Federally Enforceable State Operating 

Permits, is being rescinded in its 

entirety from the SIP. OAC 3745–31–29 

(‘‘General permits-to-install and general 

PTIO’’) is being added to the SIP to 

make Ohio’s general PTIs and general 

PTIOs Federally enforceable. General 

PTIs and general PTIOs are based on 

model permits issued by OEPA. Sources 

may apply for coverage under a model 

permit rather than apply for individual 

permits. Only minor sources may 

qualify for coverage under a general 

permit. 

We are not taking action on OAC 

3745–31–33 (‘‘Site preparation activities 

prior to obtaining a final permit-toinstall or PTIO’’), which allows 

Director’s discretion and specific 

exemptions with regard to 

preconstruction activities. This rule will 

not be part of the SIP. 

Other, previously approved parts of 

Ohio’s SIP are being modified as 

follows: 

a. OAC 3745–15–03 (‘‘Submission of 

emission information’’), is being 

modified to replace all instances of 

‘‘Board Director’’ to ‘‘Director.’’ 

b. OAC 3745–31–01 (‘‘Definitions’’), 

which provides definitions for the 

permit program, is being expanded to 

include definitions for ‘‘permits to 

install and operate,’’ ‘‘PTIOs,’’ and 

‘‘express permit processing.’’ The SIP 

revision submittal includes changes to 

the definitions of ‘‘Air contaminant 

source’’ and ‘‘Major stationary source’’ 

but, per OEPA’s request in its July 18, 

2008, submittal, we are not approving 

these two changes at this time. 

Furthermore, we are not taking action 

on 3745–31–01(LLL)(2)(a)(ix) which 

classifies municipal incinerators 

capable of charging more than 250 tons 

of refuse per day as having a major 

stationary source emission threshold of 

100 tons per year or more. This 

provision will not be part of the SIP. 

c. OAC 3745–31–02 (‘‘Requirements’’) 

now requires sources to obtain PTIs or 

PTIOs before installation or 

modification, whether or not such 

sources are subject to Title V of the 

Clean Air Act (administered in Ohio 

under OAC 3745–77). Existing PTIs and 

PTOs remain effective until superseded 

by PTIOs. Note that this rule no longer 

contains the previously approved rule’s 

provisions applying to solid waste 

disposal facilities and land application 

of sludge. 

d. OAC 3745–31–04 (‘‘Applications’’) 

is being expanded to require PTIO 

applications. 

e. OAC 3745–31–05 (‘‘Criteria for 

decision by the director’’) is being 

expanded to require PTIOs to contain 

the Best Available Technology (BAT), 

which is a previously SIP-approved 

requirement. Certain terms from the 

rescinded OAC 3745–35, such as 

conditional permits, are being 

incorporated into the new PTIO rules. 

Per Ohio’s request in its July 18, 2008, 

submittal, we are not taking action on 

the provision that exempts sources with 

the potential to emit less than 10 tons 

per year from the BAT requirement. 

This provision will not be part of the 

SIP. 

f. OAC 3745–31–06 (‘‘Termination’’) 

is being rescinded in its entirety and 

replaced by a new OAC 3745–31–06 

(‘‘Completeness determination, 

processing requirements, public 

participation, public notice, and 

issuance’’). We are not approving OAC 

3745–31–06(H)(2)(d) which allows 

Director’s discretion for complying with 

the public participation notification 

requirements for Federal Land 

Managers. 

g. OAC 3745–31–07 (‘‘Revocation’’) is 

being expanded to cover termination, 

expiration, renewal, revision, and 

transfer. 

h. OAC 3745–31–08 (‘‘Procedure for 

decision by director’’) is being rescinded 

in its entirety and replaced by a new 

OAC 3745–31–08 (‘‘Registration status 

permit-to-operate’’) that provides the 

ongoing requirements for non-Title V 

sources that received registration status 

under the rescinded OAC 3745–35. 


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11750 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations 

i. OAC 3745–31–09 (‘‘Air permit-toinstall completeness determinations, 

public participation, and public notice’’) 

is being rescinded in its entirety and 

replaced by a new OAC 3745–31–09 

(‘‘Variances on operation’’) that has the 

provisions for variances that were in the 

rescinded 3745–35. 

j. OAC 3745–31–10 (‘‘Air stationary 

source obligations’’) is undergoing 

relocation of certain terms to other parts 

of the SIP. 

k. OAC 3745–31–20 is undergoing 

minor revisions to update rule citations. 

l. OAC 3745–31–22 is undergoing 

removal of two references to pollution 

control projects, a component of 

Federally required New Source Review 

(NSR) Reform regulations that was 

vacated from the Federal NSR program. 

III. What action is EPA taking? 

EPA is approving the modification of 

OAC 3745–31–03 to incorporate PBRs 

for auto body refinishing facilities, 

gasoline dispensing facilities with Stage 

I controls, gasoline dispensing facilities 

with Stage I and Stage II controls, 

boilers and heaters, small printing 

facilities, and mid-size printing 

facilities. EPA is approving the 

modification of OAC 3745–31–03 to 

incorporate permanent exemptions for 

organic liquid storage tanks of less than 

19,815-gallon capacity, between 19,815 

and 39,894-gallon capacity, and tanks of 

39,894-gallon or greater capacity. EPA is 

approving the rescission of OAC 3745– 

35 and the modification of OAC 3745– 

15–03, 3745–31–01, 3745–31–02, 3745– 

31–04, 3745–31–05, 3745–31–06, 3745– 

31–07, 3745–31–08, 3745–31–09, 3745– 

31–10, 3745–31–20, and 3745–31–22 to 

accommodate Ohio’s PTIO program, 

reorganize other provisions, and remove 

vacated NSR Reform provisions. EPA is 

approving OAC 3745–31–29, the 

program for General PTIs and General 

PTIOs, as an addition to the SIP. 

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 April 22, 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, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: December 28, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

revising paragraphs (c)(42), (c)(51), 

(c)(98)(i), and (c)(119)(i)(A), and by 

adding paragraph (c)(156) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(42) On February 25, 1980, the State 

of Ohio submitted the revised Ohio 

Administrative Code (OAC) Rules 3745– 

35–01 through 3745–35–04 which set 

forth requirements for air permits to 

operate and variances. These rules were 

adopted on September 28, 1979 and 

became effective in Ohio on November 

7, 1979. Rescinded in 2008; see 

paragraph (c)(156) of this section. 

* * * * * 

(51) On October 1, 1982, and February 

28, 1983 the State of Ohio submitted 

revisions to Ohio Administrative Code 

(OAC) Rules 3745–35–03 which set 

forth requirements for obtaining 


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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations 11751 

variances. Rescinded in 2008; see 

paragraph (c)(156) of this section. 

* * * * * 

(98) * * * 

(i) Incorporation by reference. Rule 

3745–35–07, adopted November 3, 

1994, effective November 18, 1994. 

Rescinded in 2008; see paragraph 

(c)(156) of this section. 

* * * * * 

(119) * * * 

(i) * * * 

(A) Ohio Administrative Code 3745– 

35–02, adopted April 4, 1994, effective 

April 20, 1994. Rescinded in 2008; see 

paragraph (c)(156) of this section. 

* * * * * 

(156) On April 24, 2006, Ohio EPA 

submitted two permanent exemptions 

from the Permit to Install program and 

six Permit-by-Rule provisions for 

approval into its SIP. On July 18, 2008, 

Ohio EPA submitted provisions for a 

Permit to Install and Operate (PTIO) 

program and a general permit program 

for approval into its SIP. The changes to 

Ohio’s SIP involve the modification of 

various parts of OAC 3745–31, the 

removal of OAC 3745–35, and the 

addition of OAC 3745–31–29 to enable 

the issuance of federally enforceable 

general PTIs and general PTIOs. On June 

30, 2008, the state regulations to 

implement the PTIO program became 

effective and OAC 3745–35 was 

rescinded. 

(i) Incorporation by reference. 

(A) Paragraph (A) of Ohio 

Administrative Code Rule 3745–15–03, 

‘‘Submission of emission information.’’, 

effective June 30, 2008. 

(B) Ohio Administrative Code Rule 

3745–31–01, ‘‘Definitions.’’, effective 

December 14, 2007, except for 

paragraphs (I), (LLL)(2)(a)(ix), 

(LLL)(2)(a)(xxi), (LLL)(4)(t), and 

(QQQ)(1)(b). 

(C) Ohio Administrative Code Rule 

3745–31–02, ‘‘Applicability, 

requirements, and obligations.’’, 

effective June 30, 2008. 

(D) Ohio Administrative Code Rule 

3745–31–03, ‘‘Exemptions.’’, effective 

June 30, 2008. 

(E) Ohio Administrative Code Rule 

3745–31–04, ‘‘Applications.’’, effective 

June 30, 2008. 

(F) Ohio Administrative Code Rule 

3745–31–05, ‘‘Criteria for decision by 

the director.’’, effective June 30, 2008, 

except for paragraph (A)(3)(a)(ii). 

(G) Ohio Administrative Code Rule 

3745–31–06, ‘‘Completeness 

determinations, processing 

requirements, public participation, 

public notice, and issuance.’’, effective 

June 30, 2008, except for paragraph 

(H)(2)(d). 

(H) Ohio Administrative Code Rule 

3745–31–07, ‘‘Termination, revocation, 

expiration, renewal, revision and 

transfer.’’, effective June 30, 2008. 

(I) Ohio Administrative Code Rule 

3745–31–08, ‘‘Registration status 

permit-to-operate.’’, effective June 30, 

2008. 

(J) Ohio Administrative Code Rule 

3745–31–09, ‘‘Variances on operation.’’, 

effective June 30, 2008. 

(K) Ohio Administrative Code Rule 

3745–31–10, ‘‘NSR projects at existing 

emissions units at a major stationary 

source.’’, effective June 30, 2008. 

(L) Ohio Administrative Code Rule 

3745–31–20, ‘‘Attainment provisions— 

innovative control technology.’’, 

effective June 30, 2008. 

(M) Ohio Administrative Code Rule 

3745–31–22, ‘‘Nonattainment 

provisions—conditions for approval.’’, 

effective June 30, 2008. 

(N) Ohio Administrative Code Rule 

3745–31–29, ‘‘General permit-to-install 

and general PTIO.’’, effective June 30, 

2008. 

(O) Ohio Administrative Code Rule 

3745–31–32, ‘‘Plantwide applicability 

limit (PAL).’’, effective June 30, 2008. 

(P) June 2, 2008, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio EPA. 

[FR Doc. 2013–03761 Filed 2–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2012–0293; FRL–9781–5] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Idle Reduction of Heavy-Duty 

Diesel Vehicles and Reduction of 

Nitrogen Oxides (NOX) Emissions for 

the Kansas City Ozone Maintenance 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Kansas State Implementation Plan (SIP) 

submitted by the State of Kansas on July 

27, 2010. The revision includes two new 

rules which implement restrictions on 

the idling of heavy duty diesel vehicles 

and reduce nitrogen oxide (NOX) 

emissions at stationary sources in the 

Kansas portion of the Kansas City 

Maintenance Area for ozone. EPA is 

approving this revision because the 

standards and requirements set by the 

rules will strengthen the Kansas SIP. 

EPA’s approval of this SIP revision is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This direct final rule will be 

effective April 22, 2013, without further 

notice, unless EPA receives adverse 

comment by March 22, 2013. If EPA 

receives adverse comment, we 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–R07– 

OAR–2012–0293, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. Email: kemp.lachala@epa.gov. 

3. Mail or hand delivery: Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2012– 

0293. 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 through http:// 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. 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. 

If you send an email comment directly 

to EPA without going through http:// 

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. 


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