Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59751 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INTFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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 

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 the 

establishment of a safety zone and, 

therefore it 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 measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 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. 

Chapters 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.T09–0886 to read as 

follows: 

§ 165.T09–0886 Safety Zone; Submarine 

Cable Installation Project, Chicago River, 

Chicago, IL. 

(a) Location. The safety zone will 

encompass all waters of the Chicago 

River (South Branch) in the vicinity of 

the West Adams Street and West 

Jackson Boulevard bridges. 

(b) Effective and enforcement period. 

This regulation is effective and will be 

enforced between 4 a.m. and 5 p.m. on 

September 28, 2012 and October 5 and 

8, 2012. If the Captain of the Port elects 

to suspend enforcement of this safety 

zone before its effectiveness expires, he 

will make the public aware of such 

suspension via a local Broadcast Notice 

to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan or his designated 

on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port, Sector Lake 

Michigan is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

on-scene representative. 

Dated: September 21, 2012. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2012–24183 Filed 9–27–12; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1102; EPA–R05– 

OAR–2008–0782; FRL–9714–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

PBR and PTIO 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving six Permitby-Rule (PBR) provisions, a Permit to 

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59752 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 

Install and Operate (PTIO) program, two 

permanent exemptions from the Permit 

to Install (PTI) requirement and a 

general permit program as additions to 

Ohio’s State Implementation Plan (SIP) 

under the Clean Air Act. The Ohio 

Environmental Protection Agency 

(OEPA) has 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 is taking direct final 

action to approve the revisions. 

DATES: This direct final rule will be 

effective November 30, 2012, unless 

EPA receives adverse comments by 

October 31, 2012. 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–2007–1102; EPA–R05–OAR– 

2008–0782, by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits 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– 

1102; EPA–R05–OAR–2008–0782. 

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 email. 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 email 

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 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. This 

document addresses the request. 

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. This document addresses the 

request. 

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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59753 

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, ‘‘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. 

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. 

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 presently 

approving the provision that exempts 

sources with the potential to emit less 

than 10 tons per year from the BAT 

requirement. 

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’’). 

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. 

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 

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59754 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 

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. 

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 November 30, 2012 without 

further notice unless we receive relevant 

adverse written comments by October 

31, 2012. 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. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

November 30, 2012. 

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 November 30, 

2012. 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, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: July 20, 2012. 

Susan Hedman, 

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. 

■ 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 

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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59755 

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 

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)(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. 

(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) Ohio Administrative Code Rule 

3745–31–33, ‘‘Site preparation activities 

prior to obtaining a final permit-toinstall or PTIO.’’, effective June 30, 

2008. 

(Q) June 2, 2008, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio EPA. 

[FR Doc. 2012–23987 Filed 9–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0343; FRL–9734–5] 

Approval and Promulgation of 

Implementation Plans; Alabama 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submission, submitted by the State 

of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), as demonstrating 

that the State meets certain state 

implementation plan (SIP) requirements 

of sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or the Act) for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Alabama certified 

that the Alabama SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2 NAAQS are 

implemented, enforced, and maintained 

in Alabama (hereafter referred to as 

‘‘infrastructure submission’’). Alabama’s 

infrastructure submissions, provided to 

EPA on July 25, 2008, and September 

23, 2009, addressed all the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

with the exception of sections 

110(a)(2)(D)(i) and (E)(ii), which will be 

addressed in separate actions. 

DATES: This rule is effective October 31, 

2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0343. 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 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 Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

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