24990 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a regulated navigation area 

of a 300-foot diameter, extending the 

entire water column from the water 

surface to the seabed. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(Water), Reporting and recordkeeping 

requirements, Security measurers, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.840 to read as follows: 

§ 165.840 Regulated Navigation Area, Gulf 

of Mexico: Mississippi Canyon Block 20, 

South of New Orleans, LA. 

(a) Effective date. This section is 

effective on April 4, 2013. 

(b) Location. The following area is a 

Regulated Navigation Area: A 300-foot 

diameter area at the water surface 

centered on the following coordinates: 

28°52′17′′ N 089°10′50′′ W, and 

extending the entire water column from 

the surface to the seabed. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.13 of this part, all 

vessels are prohibited from anchoring, 

mooring or loitering in the above 

described area except as authorized by 

the Captain of the Port, New Orleans. 

(2) Persons or vessels requiring 

deviations from this rule must request 

permission from the Captain of the Port 

New Orleans. The Captain of the Port 

New Orleans may be contacted by 

telephone at (504) 365–2200. 

Dated: April 4, 2013. 

R. A. Nash, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2013–09994 Filed 4–26–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0595; FRL–9790–3] 

Approval and Promulgation of 

Implementation Plans; Ohio; Volatile 

Organic Compound Emission Control 

Measures for the Cleveland Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving into the 

Ohio State Implementation Plan (SIP), 

several volatile organic compound 

(VOC) rules that were submitted by the 

Ohio Environmental Protection Agency 

(Ohio EPA) on June 1, 2011. These 

rules, which include the source 

categories covered by the Control 

Technique Guideline (CTG) documents 

issued in 2008, as well as several other 

miscellaneous rule revisions, will help 

Ohio’s effort to attain the 2008 ozone 

standard. These rules are being 

approved because they are consistent 

with the CTG documents issued by EPA 

in 2008, and satisfy the reasonably 

available control technology (RACT) 

requirements of the Clean Air Act (Act). 

EPA proposed these rules for approval 

on May 25, 2012, and received no 

comments. 

DATES: This final rule is effective on 

May 29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0595. 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 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24991 

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, Attainment 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: 

I. What public comments were received on 

the proposed approval and what is EPA’s 

response? 

II. What action is EPA taking today and what 

is the purpose of this action? 

III. Statutory and Executive Order Reviews 

I. What public comments were received 

on the proposed approval and what is 

EPA’s response? 

EPA proposed these rules for approval 

on May 25, 2012 (77 FR 31265), and 

received no comments. 

II. What action is EPA taking today and 

what is the purpose of this action? 

EPA is approving into the Ohio SIP 

several new VOC and amended VOC 

rules under Chapter 3745–21 of the 

Ohio Administrative Code (OAC). These 

include new fiberglass boat 

manufacturing, miscellaneous industrial 

adhesives, and automobile and lightduty truck assembly coatings rules, 

which are consistent with the CTGs 

issued in 2008, as well as revisions to 

definitions and rules for the control of 

VOC emissions from stationary sources, 

storage of volatile organic liquids, 

industrial cleaning solvents, and 

flatwood paneling coatings. These rules 

are approvable because they are 

consistent with the CTG documents 

issued by EPA in 2008, and satisfy the 

RACT requirements of the Act. These 

VOC rules will help Ohio’s effort to 

attain the 2008 ozone standard. 

EPA is also approving into the Ohio 

SIP amendments to OAC 3745–72, 

which contain its Low Reid Vapor 

Pressure Fuel Requirements, so that it is 

consistent with EPA requirements 

regarding special provisions for alcohol 

blends. 

III. Statutory and Executive Order 

Reviews 

Under the 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 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 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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 4, 2013. 

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. 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(158) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(158) On June 1, 2011, the Ohio 

Environmental Protection Agency (Ohio 

EPA) submitted several volatile organic 


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24992 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

compound (VOC) rules for approval into 

the Ohio State Implementation Plan. 

These rules include the source 

categories covered by the Control 

Technique Guideline (CTG) documents 

issued in 2008, as well as several other 

miscellaneous rule revisions. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–21–01 ‘‘Definitions.’’, effective 

May 12, 2011. 

(B) Ohio Administrative Code Rule 

3745–21–09 ‘‘Control of emissions of 

volatile organic compounds from 

stationary sources and 

perchloroethylene from dry cleaning 

facilities.’’, effective May 12, 2011, 

except for paragraph (U)(1)(h). 

(C) Ohio Administrative Code Rule 

3745–21–21 ‘‘Storage of volatile organic 

liquids in fixed roof tanks and external 

floating roof tanks.’’, effective May 12, 

2011. 

(D) Ohio Administrative Code Rule 

3745–21–23 ‘‘Control of volatile organic 

compound emissions from industrial 

solvent cleaning operations.’’, effective 

May 12, 2011. 

(E) Ohio Administrative Code Rule 

3745–21–24 ‘‘Flat wood paneling 

coatings.’’, effective May 12, 2011. 

(F) Ohio Administrative Code Rule 

3745–21–27 ‘‘Boat manufacturing.’’, 

effective May 12, 2011. 

(G) Ohio Administrative Code Rule 

3745–21–28 ‘‘Miscellaneous industrial 

adhesives and sealants’’, effective May 

12, 2011. 

(H) Ohio Administrative Code Rule 

3745–21–29 ‘‘Control of volatile organic 

compound emissions from automobile 

and light-duty truck assembly coating 

operations, heavier vehicle assembly 

coating operations, and cleaning 

operations associated with these coating 

operations.’’, effective May 12, 2011. 

(I) Ohio Administrative Code Rule 

3745–72–02 ‘‘Definitions.’’, effective 

May 12, 2011. 

(J) Ohio Administrative Code Rule 

3745–72–05 ‘‘Liability.’’, effective May 

12, 2011. 

(K) Ohio Administrative Code Rule 

3745–72–06 ‘‘Defenses.’’, effective May 

12, 2011. 

(L) May 2, 2011, ‘‘Director’s Final 

Findings and Orders,’’ signed by Scott J. 

Nally, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2013–08691 Filed 4–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0965; FRL–9806–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Volatile Organic 

Compounds Emissions Reductions 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the District of Columbia. 

This SIP revision consists of 

amendments to Chapters 1 and 7 of Title 

20 (Environment) of the District of 

Columbia Municipal Regulations 

(DCMR) for the Control of Volatile 

Organic Compounds (VOC) to meet the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources as recommended by the Ozone 

Transport Commission (OTC) model 

rules and EPA’s Control Techniques 

Guidelines (CTG) standards. This SIP 

revision also includes negative 

declarations for various VOC source 

categories. EPA is approving the 

regulation changes and the negative 

declarations in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

May 29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0965. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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 for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the District of Columbia. 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On February 11, 2013 (78 FR 9648), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. The NPR proposed approval 

of amendments to Chapters 1 and 7 of 

Title 20 (Environment) of the DCMR for 

the control of VOCs to meet the 

requirement to adopt RACT and 

negative declarations for various VOC 

source categories. The formal SIP 

revision was submitted by the District of 

Columbia on January 26, 2010, March 

24, 2011, and March 15, 2012. The SIP 

revision amends the District’s 

regulations to impose the VOC RACT 

requirements as recommended by OTC’s 

model rules for consumer products, 

adhesives and sealants, architectural 

and industrial maintenance, portable 

fuel containers and spouts, and solvent 

cleaning and also include VOC RACT 

requirements consistent with EPA’s 

CTGs for flexible packaging and 

printing, large appliance coatings, metal 

furniture coatings, and miscellaneous 

metal products and plastic parts 

coatings, lithographic and letterpress 

printing, miscellaneous industrial 

adhesives, and industrial cleaning 

solvents. The SIP revision also consists 

of negative declarations for the 

following VOC source categories: Auto 

and Light-duty Truck Assembly 

Coatings; Fiberglass Boat Manufacturing 

Materials; Paper, Film and Foil 

Coatings; and Flatwood Paneling. EPA 

received no adverse comments on the 

NPR to approve the District of 

Columbia’s SIP revision. A more 

complete explanation of the 

amendments and the rationale for EPA’s 

proposed action is explained in the 

technical support document and the 

NPR in support of this final rulemaking 

and will not be restated here. 

II. Final Action 

EPA is approving the District of 

Columbia’s SIP revisions adopting VOC 

RACT requirements for various source 

categories. EPA is also approving the 

District’s negative declarations pursuant 

to section 182(b)(2)(A) of the CAA for 

those CTG categories where no sources 

are located in the District. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 


emcdonald on DSK67QTVN1PROD with RULES