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[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Rules and Regulations]               
[Page 34939-34941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn10-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2005-OH-0003; FRL-9159-3]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Final Approval and Promulgation of State Implementation Plans; 
Carbon Monoxide and Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, under the Clean Air Act, we are: Approving 
into the State Implementation Plan (SIP) certain regulation revisions 
within Ohio Administrative Code (OAC) 3745-21 (Carbon Monoxide, 
Photochemically Reactive Materials, Hydrocarbons, and related Materials 
Standards) which have been adopted by the State; recognizing various 
emission control exemptions that have been granted for miscellaneous 
metal coating operations under OAC 3745-21-09(U)(2)(f); and taking no 
action on certain regulation revisions. We proposed to take these 
actions in a document published on January 22, 2010, and received no 
comments.

DATES: This final rule is effective on July 21, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2005-OH-0003. 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 Anthony Maietta, 
Environmental Protection Specialist, at (312) 353-8777 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Criteria Pollutant Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777; 
maietta.anthony@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 were EPA's proposed actions?
II. Public Comments and EPA Responses
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What were EPA's proposed actions?

    This action addresses revisions to OAC 3745-21 in a set of 
submittals dated October 9, 2000, February 6, 2001, and August 3, 2001; 
and also addresses revisions to OAC 3745-21, submitted on June 24, 
2003, as part of Ohio's five-year rule review process. On January 22, 
2010 (75 FR 3668), EPA proposed a variety of actions regarding 
revisions to OAC 3745-21. We proposed to approve: (1) Revisions to the 
rules which corrected grammar and spelling mistakes; (2) revisions to 
attainment dates and compliance schedules listed within the rules; (3) 
clarifications which made hard-to-interpret portions of the rules 
easier to understand; (4) removal of an exemption for certain 
geographic areas to carbon monoxide (CO) rules; and, (5) site specific 
emissions limit amendments. Our proposed action contains more 
information on the rule revisions submitted and our evaluation of them.
    In our proposed action, we also provided extensive discussion 
regarding a provision of 2745-21-09(U)(2)(f) authorizing alternate 
miscellaneous metal coating limits in selected cases. EPA proposed to 
recognize alternate limits that Ohio issued during a period when the 
State had unilateral authority to do so. EPA also described a process 
developed in concert with Ohio EPA for addressing future requests for 
such alternate limits. Further discussion of this process, as well as 
more information on the rule revisions submitted and our evaluation of 
them, can be found in our proposed action.
    We proposed conditional approval of PAC 3745-21-09(BBB)(1) (which 
affects the BF Goodrich Company Akron Chemical Plant) and disapproval 
of OAC 3745-21-09(U)(1)(h) (which affects sources conducting surface 
coating of miscellaneous metal parts and products). For administrative 
convenience, we will complete rulemaking on these portions of Ohio's 
submittal in a later action.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. We 
did not receive any comments on the proposed action.

III. What action is EPA taking?

    EPA today is only approving rules submitted by Ohio which have not 
been separately approved. For the full listing of rules we proposed to 
approve, please see the proposed rulemaking for today's action (75 FR 
3668). In a separate rulemaking on July 28, 2009 (74 FR 37171), EPA has 
already approved later versions of certain rules. Additional 
information on the approval of these rules is provided in the proposal 
for that action published on May 7, 2009, at 74 FR 21295.
    EPA is fully approving into the Ohio SIP the following revised rule 
paragraphs as adopted by the State of Ohio and as defined in Ohio's 
submittals:
    In OAC 3745-21-09, title, paragraphs (A)(4), (B)(3)(a), (B)(3)(d), 
(B)(3)(e), (B)(3)(f), (B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a), 
(B)(4)(b), (C)(4), (H)(1)(a), (H)(1)(b), (H)(3), (O)(5)(b), (O)(6)(a), 
(O)(6)(b), (R)(4), the portion of paragraph (U)(2)(e) which states 
``Daily usage limitations included in (U)(2)(e)(i) through 
(U)(2)(e)(iii) above shall not apply to coatings employed by the metal 
parts or products coating line on parts or products which are not 
metal'', (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b), (AA)(1)(c), (FF)(1), 
(II)(2), (II)(3), (II)(4), (KK)(1), (NN)(1), (NN)(2), (NN)(3),(NN)(4), 
(NN)(5), (OO), (OO)(1), (OO)(2), (OO)(3), (OO)(4), (PP)(2), (UU)(3), 
(AAA), (DDD), and Appendix A.
    EPA is taking no action on revisions to 3745-21-09(U)(2)(f), from 
both the October 9, 2000, and June 24, 2003, submittals, because EPA 
approved a later version of this paragraph on July 28, 2009 (74 FR 
37171). EPA will continue to honor exemptions granted by Ohio under 
this rule as it existed in the SIP after May 5, 1995, but prior to June 
15, 1999. This leaves two time periods in which Ohio issued permits and 
amendments for which there are two separate methods to incorporate 
affected permits and amendments into the SIP: Prior to May 5, 1995, and 
after June 15, 1999. EPA will address any

[[Page 34940]]

exemptions granted prior to May 5, 1995, in a separate rulemaking after 
we work with Ohio EPA to determine the proper course of action for 
dealing with these sources. EPA will address any sources seeking 
alternate limits under this paragraph after June 15, 1999, as they will 
be subject to limits which result from the ongoing EPA and Ohio EPA 
resolution of this matter.
    EPA is also taking no action on revisions to OAC 3725-21 chapters 
01, 02, 03, 04, 06, 08, and 10 because newer versions of these chapters 
were approved and incorporated into Ohio's SIP in a subsequent 
rulemaking (74 FR 37171).

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 August 20, 2010. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Volatile 
organic compounds.

    Dated: May 20, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraphs (c)(102)(i)(C)(1) 
and (c)(149) to read as follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (102) * * *
    (i) * * *
    (C) * * *
    (1) Previously approved on October 31, 1995 in paragraph 
(c)(102)(i)(C) of this section and now deleted without replacement: 
OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile Organic 
Compounds from Stationary Sources, Paragraph (AAA), as adopted by Ohio 
on October 25, 2002, effective on November 5, 2002.
* * * * *
    (149) On October 9, 2000, February 6, 2001, August 3, 2001, and 
June 24, 2003, Ohio submitted revisions to Ohio Administrative Code 
(OAC) Chapter 3745-21 to address a variety of changes to its Carbon 
Monoxide and Volatile Organic Compounds regulations. The pertinent 
provisions are in OAC 3745-21-09; for other rules in these submittals, 
later versions have been addressed in separate rulemaking (see 
paragraph 146 of this section).
    (i) Incorporation by reference.
    (A) The following paragraphs of OAC 3745-21-09, entitled ``Control 
of emissions of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities,'' as adopted by Ohio on 
October 25, 2002, effective on November 5, 2002:
    (1) Paragraphs (A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e), (B)(3)(f), 
(B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b), (C)(4), (H)(1), 
(H)(3), (O)(5)(b), (O)(6), (R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b), 
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), (KK)(1), (NN), (OO), 
(PP)(2), (UU)(3), (DDD), and Appendix A.
    (2) Within paragraph (U), the undesignated paragraph following 
(U)(2)(e).
    (B) October 25, 2002, ``Director's Final Findings and Orders'', 
signed by Christopher Jones, Director, Ohio Environmental Protection 
Agency.
    (ii) Additional Information. The following permits to install 
authorizing exemptions under OAC Rule 3745-21-09(U)(2)(f) were issued 
by Ohio during the time period when the State had unilateral authority 
to issue them.

[[Page 34941]]

    (A) Permit To Install issued by the State Of Ohio to Chase 
Industries, Inc, Cincinnati, OH, on June 24, 1998, for emissions unit 
K002, pursuant to application number 14-4578.
    (B) Permit To Install issued by the State Of Ohio to CAE Ransohoff, 
Inc., Union, OH, on March 5, 1997, for emissions units K001 and K002, 
pursuant to application number 14-4268.
    (C) Permit To Install issued by the State Of Ohio to Phoenix 
Presentations, Inc., Butler County, OH, on January 21, 1999, for 
emissions units R001, R002, and R003, pursuant to application number 
14-4612.
    (D) Permit To Install issued by the State Of Ohio to CTL Aerospace, 
Inc., Cincinnati, OH, on August 19, 1998, for emissions unit R005, 
pursuant to application number 14-4572.
    (E) Permit To Install issued by the State Of Ohio to Hamilton 
Fixture, Hamilton, OH, on April 24, 1996, for emissions unit R006, 
pursuant to application number 14-4014.
    (F) Permit To Install issued by the State Of Ohio to Lt. Moses 
Willard, Inc., Milford, OH, on December 23, 1997, for emissions units 
K001 and K002, pursuant to application number 14-4220.
    (G) Permit To Install issued by the State Of Ohio to WHM Equipment 
Co., Cincinnati, OH, on May 28, 1997, for emissions unit K001, pursuant 
to application number 14-4348.
    (H) Permit To Install issued by the State Of Ohio to Panel-Fab, 
Inc., Cincinnati, OH, on June 12, 1996, for emissions unit K001, 
pursuant to application number 14-4027.
    (I) Permit To Install issued by the State Of Ohio to Cincinnati Fan 
& Ventilator, Mason, OH, on June 15, 1995, for emissions unit K003, 
pursuant to application number 14-3774.
    (J) Permit To Install issued by the State Of Ohio to Honda of 
America Manufacturing, Inc., Marysville, OH, on December 24, 1997, for 
emissions units R003, and R103, pursuant to application number 01-6743.
    (K) Permit To Install issued by the State Of Ohio to Durr Ecoclean, 
Inc. (formerly Henry Filters, Inc.), Bowling Green, OH, on June 26, 
1996, for emissions unit K001 pursuant to application number 03-9510.
    (L) Permit To Install issued by the State Of Ohio to Honda of 
America Manufacturing, Inc., East Liberty, OH, on April 17, 1996, for 
emissions units K009 and K013, pursuant to application number 05-7923.
    (M) Permit To Install issued by the State Of Ohio to American Trim, 
LLC (formerly Stolle Corporation, Stolle Products Division), Sidney, 
OH, on September 13, 1995, K045, pursuant to application number 05-
7329.
    (N) Permit To Install issued by the State Of Ohio to American Trim, 
LLC (formerly Stolle Products), Sidney, OH, on December 3, 1998, for 
emissions unit K048, pursuant to application number 05-9516.
    (O) Permit To Install issued by the State Of Ohio to Hawkline 
Nevada, LLC (formerly Trinity Industries, Inc.), Plant 101, Mt. Orab, 
OH, on February 28, 1996, for emissions unit K001, pursuant to 
application number 07-407.
    (P) Permit To Install issued by the State Of Ohio to American Trim, 
LLC (formerly Superior Metal Products), Lima, OH, on July 23, 1997, for 
emissions unit K002, pursuant to application number 03-0397.

[FR Doc. 2010-14902 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P
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