25770 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

(2) These temporary safety zones are 

closed to all vessel traffic, except as may 

be permitted by the Captain of the Port 

or his designated representatives. Vessel 

operators given permission to enter or 

operate in the safety zones must comply 

with all directions given to them by the 

Captain of the Port or his designated 

representatives. Vessels that are granted 

permission by the Captain of the Port or 

designated representative to enter or 

remain within a safety zone may be 

required to be at anchor or moored to a 

waterfront facility such that the vessel’s 

location will not interfere with the 

progress of the event. At all times when 

a vessel has been granted permission to 

enter within a safety zone, it shall 

endeavor to maintain at least 50 yards 

distance from any event participant 

unless otherwise directed. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port to 

act on his behalf. The designated 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

telephone the Captain of the Port at 

207–767–0303, or his designated 

representative via VHF Channel 16 to 

obtain permission to do so. 

(5) The Captain of the Port or his 

designated representative may delay or 

terminate any event listed in the events 

table in paragraph (a)(2) of this section 

to ensure safety. Such action may be 

required as a result of weather, vessel 

traffic density, spectator activities or 

participant behavior. 

Dated: April 27, 2010. 

J.B. McPherson, 

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

Port, Sector Northern New England. 

[FR Doc. 2010–10948 Filed 5–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0290; FRL–9142–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Ohio Environmental 

Protection Agency (Ohio EPA) on March 

17, 2009, to revise the Ohio State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA). The State has 

submitted revisions to rules for approval 

under Ohio Administrative Code (OAC) 

Chapter 3745–15, ‘‘General Provisions,’’ 

which include the adoption of the 

Federal definition and citation of the 

CAA, and clarifications for exemptions 

and new requirements for sources 

regulated under the Title V permitting 

program. These revisions are included 

in OAC 3745–15–01 and OAC 3745–15– 

05, respectively. 

DATES: This direct final rule will be 

effective July 9, 2010, unless EPA 

receives adverse comments by June 9, 

2010. 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–2009–0290, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

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–2009– 

0290. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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 http:// 

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 http:// 

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 Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0258, 

chang.andy@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. Background 

When did the State submit the requested 

rule revisions to EPA, and did the State 

satisfy the administrative requirements 

of 40 CFR Part 51, Appendix V? 

II. Analysis of the State’s Requests 

A. OAC 3745–15–01—Definitions. 

B. OAC 3745–15–05—‘‘De Minimis’’ Air 

Contaminant Source Exemption 

III. What action is EPA taking? 


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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 25771 

IV. Statutory and Executive Order Reviews 

I. Background 

When did the state submit the requested 

rule revisions to EPA, and did the State 

satisfy the administrative requirements 

of 40 CFR part 51, Appendix V? 

Ohio EPA submitted the requested 

revisions to EPA on March 17, 2009, 

and demonstrated through its submittal 

that the State satisfied all the 

requirements of 40 CFR part 51, 

Appendix V, ‘‘Criteria for Determining 

the Completeness of Plan Submissions.’’ 

The administrative requirements are 

outlined in Section 2.1 of this appendix. 

Most notably, a public hearing was held 

on January 8, 2007, and the rules 

became effective State-wide on January 

22, 2009. 

II. Analysis of the State’s Requests 

The State has requested that EPA 

approve revisions to rules under 

Chapter 3745–15, ‘‘General Provisions,’’ 

of the OAC. These rules include 3745– 

15–01, ‘‘Definitions’’ and 3745–15–05, 

‘‘ ‘De minimis’ air contaminant source 

exemption.’’ The revisions and EPA’s 

responses are described in detail below. 

A. OAC 3745–15–01—Definitions 

Ohio EPA has requested that the 

Federal definition and citation of ‘‘Clean 

Air Act,’’ or ‘‘CAA,’’ be incorporated into 

the SIP. As this request would align 

State and Federal definitions and 

eliminate any ambiguity related to the 

term, EPA finds the requested revision 

to be approvable. Furthermore, this is a 

revision that EPA has found to be 

approvable in other States and SIPs. 

Additionally, the State has requested 

several other minor revisions for 

incorporation into the SIP, which 

include the addition of a ‘‘Comment’’ at 

the beginning of the rule to refer readers 

to the ‘‘Incorporation by Reference’’ 

section at the end of the rule, and small 

wording changes. The ‘‘Incorporation by 

Reference’’ section at the end of the rule 

contains a listing of the supplementary 

publications referenced through OAC 

Chapter 3745–15. References to these 

materials, as well as a list of these 

materials themselves, serve to assist any 

interested parties with obtaining these 

documents and do not detract value 

from the existing rules; therefore, EPA 

finds the corresponding requested 

revisions to be approvable. Lastly, Ohio 

EPA’s requested wording changes are 

minor and ministerial, and they serve to 

clarify or disambiguate the existing 

rules; therefore, EPA finds the 

corresponding revisions to be 

approvable. 

B. OAC 3745–15–05—‘‘De Minimis’’ Air 

Contaminant Source Exemption 

Ohio EPA has requested that several 

revisions pertaining to the ‘‘de minimis’’ 

air contaminant source exemption be 

incorporated into the SIP. The requested 

revisions to introductory paragraph (E) 

of OAC 3745–15–05 specify that any 

one of the following seven record types 

outlined in OAC 3745–15–05(E)(1) to (7) 

are adequate to demonstrate the actual 

emissions from an eligible source. 

Previously, the last line of OAC 3745– 

15–05(E) read, ‘‘All the following 

information, if applicable, shall be 

adequate to make that demonstration:’’. 

These requested revisions clarify the 

existing SIP; EPA therefore finds them 

to be approvable. 

The revision requested by Ohio EPA 

to OAC 3745–15–05(E)(7) is meant to 

clarify ambiguity in the rule concerning 

the phrase, ‘‘certification under oath.’’ 

The last part of this paragraph now 

reads, ‘‘* * * and a written certification 

by the owner or operator that the 

applicable exemption levels were 

complied with,’’ i.e. the notion of 

‘‘certification under oath’’ has been 

replaced with ‘‘written certification’’ in 

the rule. As this revision not only 

clarifies the existing rule but specifies 

what type of certification is necessary to 

meet the records requirement, EPA finds 

the request to be approvable. 

The State has revised paragraph (H) of 

OAC 3745–15–05 to require that 

insignificant emissions units (IEUs) be 

identified, and not merely listed. Ohio 

EPA has made this revision because an 

emissions activity category form must 

be included in the Title V application 

for each IEU that is subject to one or 

more applicable requirements. As this 

revision strengthens the State’s 

authority to oversee sources regulated 

under the Title V program, EPA finds 

the revisions to OAC 3745–15–05 (H) to 

be approvable. 

Paragraph (I) of OAC 3745–15–05 has 

been revised to state that if the owner 

or operator of a source exceeds the 

exempt emission levels provided in this 

rule, he or she may be required to 

submit an application for a permit to 

operate pursuant to OAC 3745–77, 

‘‘General Title V Rules.’’ As this revision 

strengthens the State’s authority to 

oversee sources regulated under the 

Title V program, EPA finds the revision 

to OAC 3745–15–05 (I) to be approvable. 

Ohio EPA communicated to EPA via 

electronic mail on December 2, 2009, 

attesting that the preceding changes to 

this rule were only clerical in nature, 

and that the rule did not include any 

changes that would affect how Ohio 

EPA determines if a source is exempt 

due to ‘‘de minimis’’ air emissions. The 

State has therefore quantified the effect 

of the changes as having no effect on 

emissions. 

Additionally, the State has requested 

several other minor revisions for 

incorporation into the SIP, which 

include the addition of a ‘‘Comment’’ at 

the beginning of the rule to refer readers 

to the ‘‘Incorporation by Reference’’ 

section at the end of the rule, and small 

wording changes. As discussed in the 

section addressing OAC 3745–15–01, 

references to the materials in the 

‘‘Incorporation by Reference’’ section, as 

well as a list of these materials 

themselves, serve to assist any 

interested parties with obtaining these 

documents and do not detract value 

from the existing rules; therefore, EPA 

finds the corresponding requested 

revisions to be approvable. Lastly, Ohio 

EPA’s requested wording changes are 

minor and ministerial, and they serve to 

clarify or disambiguate the existing 

rules; therefore, EPA finds the 

corresponding revisions to be 

approvable. 

III. What action is EPA taking? 

EPA is approving revisions to the 

Ohio SIP; the State has submitted 

revisions to rules Chapter 3745–15, 

‘‘General Provisions,’’ of the OAC. These 

rules include OAC rule 3745–15–01 and 

OAC rule 3745–15–05. We are 

approving these rules because they are 

consistent with the regulatory 

framework which helps the State 

maintain healthy air quality levels. The 

revisions that the State has submitted 

are based on Federal definitions, 

requirements under Federal permitting 

laws, or amendments that aim to remove 

ambiguity from existing language in the 

SIP. The State’s submittal meets the 

requirements of 40 CFR part 51, 

Appendix V, and strengthens OAC 

3745–15–01 and OAC 3745–15–05. 

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 July 9, 2010 without further 

notice unless we receive relevant 

adverse written comments by June 9, 

2010. 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 


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25772 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

based on the proposed action. EPA will 

not institute a second comment period; 

therefore, any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

July 9, 2010. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 9, 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. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 19, 2010. 

Walter W. Kovalick Jr., 

Acting 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. 

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(148) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(148) On March 17, 2009, Ohio 

submitted revisions to Ohio 

Administrative Code Chapter 3745–15, 

Rules 3745–15–01 and 3745–15–05. The 

revisions pertain to general provisions 

of OAC Chapter 3745. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–15–01 ‘‘Definitions.’’ and Rule 

3745–15–05 ‘‘ ‘De minimis’ air 

contaminant source exemption.’’ The 

rules were adopted on January 12, 2009, 

and became effective on January 22, 

2009. 

(B) January 12, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2010–10836 Filed 5–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0790; FRL–9114–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to Regulation 

Number 1 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving State Implementation 

Plan revisions submitted by the State of 

Colorado on August 3, 2007 to 

Colorado’s Regulation Number 1 

(revisions to the performance testing 

requirements for air curtain destructors). 

Colorado adopted these rule revisions 

on October 2, 2006. All other actions 

submitted by the State of Colorado 

concurrent with Colorado’s Regulation 

Number 1 revision request will be acted 


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