Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 37171 

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 September 28, 2009. 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, 

Intergovernmental relations, 

Incorporation by reference, 

Intergovernmental relations, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 8, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 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 (PP)—South Carolina 

■ 2. Section 52.2120(e) is amended by 

adding a new entry at the end of the 

table for ‘‘Transportation Conformity 

SIP’’ to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Explanation 

* * * * * * * 

South Carolina Transportation Conformity Air Quality Implementation 

Plan.

11/28/2008 7/28/2009 [Insert citation of publication].........................

[FR Doc. E9–17818 Filed 7–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0812, EPA–RO5– 

OAR–2009–0292; FRL–8932–4] 

Approval and Promulgation of 

Implementation Plans; Ohio; Volatile 

Organic Compound Emission Control 

Measures for Cleveland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving several 

volatile organic compound (VOC) 

control rules that were submitted on 

September 4, 2008, and March 23, 2009, 

into the Ohio State Implementation Plan 

(SIP). The purpose of these rules is to 

satisfy the VOC reasonably available 

control technology (RACT) requirement 

for the Cleveland-Akron 8-hour ozone 

nonattainment area. These rules are 

approvable because they satisfy the 

control and enforceability requirements 

of RACT, including Ohio’s requirement 

to adopt VOC RACT rules for the 

Control Technique Guideline (CTG) 

documents issued by EPA in 2006 and 

2007. EPA proposed these rules for 

approval on May 7, 2009, and received 

no comments. 

DATES: This final rule is effective on 

August 27, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Nos. EPA–R05–OAR–2008–0812 and 

EPA–RO5–OAR–2009–0292. All 

documents in the docket are listed on 

the http://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 

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 Steven Rosenthal, 

Environmental Engineer, at (312) 886– 

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052, 

rosenthal.steven@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 Public Comments Were Received 

on the Proposed Approval and What Is EPA’s 

Response? 

II. What Action Is EPA Taking? 

III. What Is the Purpose of This Action? 

IV. Statutory and Executive Order Reviews 

I. What Public Comments Were 

Received on the Proposed Approval 

and What Is EPA’s Response? 

No comments were received. 

II. What Action Is EPA Taking? 

EPA is approving several revised and 

new VOC rules into the Ohio SIP. 


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37172 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 

Several rule revisions expand 

applicability to include sources in the 

Cleveland-Akron 8-hour ozone 

nonattainment area, in particular for 

commercial bakery oven facilities, 

synthetic organic chemical 

manufacturing industry (SOCMI) 

reactors and distillation units, process 

vents in batch operations, wood 

furniture manufacturing operations, and 

industrial wastewater operations. Ohio 

adopted new rules for aerospace 

manufacturing and rework facilities, 

ship building and ship repair 

operations, plastic parts coating, and the 

storage of volatile organic liquids. In 

addition, Ohio adopted new rules and 

revisions to existing rules to address the 

CTGs issued by EPA in 2006 and 2007. 

These CTG categories are lithographic 

printing, industrial solvent cleaning, flat 

wood paneling, paper coating, metal 

furniture coating, large appliance 

coating, and flexible package printing. 

Ohio adopted several other minor 

revisions. 

III. What Is the Purpose of This Action? 

The primary purpose of these rules is 

to satisfy the requirement in section 

182(b) of Part D of title I of the Clean 

Air Act (CAA) that VOC RACT rules be 

adopted for the Cleveland-Akron 8-hour 

ozone nonattainment area. These rules 

satisfy the requirement for VOC RACT 

rules for existing, pre-2006, CTG and 

major non-CTG source categories which 

were due on September 15, 2006, as 

well as the requirement to adopt VOC 

RACT rules for the CTG documents 

issued by EPA in 2006 and 2007. 

On March 24, 2008, (73 FR 15416) 

EPA made a finding that Ohio failed to 

submit those VOC RACT rules, which 

were due on September 15, 2006, for the 

Cleveland-Akron 8-hour ozone 

nonattainment area. Ohio submitted the 

fully adopted required VOC RACT rules 

to EPA on September 4, 2008. In a 

November 19, 2008, letter to Ohio, EPA 

confirmed that Ohio’s September 4, 

2008, submittal satisfies the requirement 

for submitting VOC RACT rules for 

existing, pre-2006, CTG and major nonCTG source categories which were due 

on September 15, 2006. Failure to 

submit a complete VOC RACT submittal 

would have triggered the offset sanction 

identified in CAA section 179(b)(2) on 

September 24, 2009, and the highway 

funding sanction in accordance with 

CAA section 179(b)(1) on March 24, 

2010. EPA would have been required by 

CAA section 110(c) to promulgate a 

Federal Implementation Plan (FIP) if it 

had not approved these VOC RACT 

rules into Ohio’s SIP by March 24, 2010. 

Approval of these rules ends any 

obligation for EPA to promulgate a FIP 

addressing this VOC RACT requirement. 

Ohio’s submittal of March 23, 2009, 

incorporates the rule revisions which 

address the CTGs issued in September 

2006 and September 2007. 

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 CAA; 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 September 28, 2009. 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, Intergovernmental 

relations, Incorporation by reference, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 8, 2009. 

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 and reserving paragraphs 

(c)(144) and (c)(145) and by adding 

paragraph (c)(146) to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 37173 

(c) * * * 

(144) [Reserved] 

(145) [Reserved] 

(146) On September 4, 2008, and 

March 23, 2009, the Ohio 

Environmental Protection Agency 

submitted several volatile organic 

compound rules for approval into the 

Ohio State Implementation Plan. Only 

those paragraphs in 3745–21–09 that 

were revised in the September 4, 2008, 

and/or March 23, 2009, submittals have 

been incorporated into the SIP. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–21–01 ‘‘Definitions.’’, adopted 

March 23, 2009, effective April 2, 2009. 

(B) Ohio Administrative Code Rule 

3745–21–02 ‘‘Ambient air quality 

standards and guidelines.’’, adopted 

August 15, 2008, effective August 25, 

2008. 

(C) Ohio Administrative Code Rule 

3745–21–03 ‘‘Methods of ambient air 

quality measurement.’’, adopted August 

15, 2008, effective August 25, 2008. 

(D) Ohio Administrative Code Rule 

3745–21–04 ‘‘Attainment dates and 

compliance time schedules.’’, adopted 

March 23, 2009, effective April 2, 2009. 

(E) Ohio Administrative Code Rule 

3745–21–06 ‘‘Classification of 

Regions.’’, adopted August 15, 2008, 

effective August 25, 2008. 

(F) Ohio Administrative Code Rule 

3745–21–08 ‘‘Control of carbon 

monoxide emissions from stationary 

sources.’’, adopted August 15, 2008, 

effective August 25, 2008. 

(G) Ohio Administrative Code Rule 

3745–21–09 ‘‘Control of emissions of 

volatile organic compounds from 

stationary sources and 

perchloroethylene from dry cleaning 

facilities’’: (A), (B), (C), (D), (E), (F), (G), 

(H), (I), (J), (K), (O), (P), (R), (S), (T), 

(U)(1)(a), (U)(1)(b), (U(1)(c), (U)(1)(d), 

(U)(1)(e), (U)(1)(f), (U)(1)(g), (U)(1)(i), 

(U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l), 

(W), (X), (Y), (Z), (DD), (HH), (NN), (RR), 

(SS), (TT), (VV), (YY), (DDD), adopted 

March 23, 2009, effective April 2, 2009. 

(H) Ohio Administrative Code Rule 

3745–21–10 ‘‘Compliance test methods 

and procedures.’’, adopted August 15, 

2008, effective August 25, 2008. 

(I) Ohio Administrative Code Rule 

3745–21–12 ‘‘Control of volatile organic 

compound emissions from commercial 

bakery oven facilities.’’, adopted August 

15, 2008, effective August 25, 2008. 

(J) Ohio Administrative Code Rule 

3745–21–13 ‘‘Control of volatile organic 

compounds from reactors and 

distillation units employed in SOCMI 

chemical production.’’, adopted August 

15, 2008, effective August 25, 2008. 

(K) Ohio Administrative Code Rule 

3745–21–14 ‘‘Control of Volatile organic 

compound emissions from process vents 

in batch operations.’’, adopted March 

23, 2009, effective April 2, 2009. 

(L) Ohio Administrative Code Rule 

3745–21–15 ‘‘Control of volatile organic 

compound emissions from wood 

furniture manufacturing operations.’’, 

adopted August 15, 2008, effective 

August 25, 2008. 

(M) Ohio Administrative Code Rule 

3745–21–16 ‘‘Control of volatile organic 

compound emissions from industrial 

wastewater.’’, adopted March 23, 2009, 

effective April 2, 2009. 

(N) Ohio Administrative Code Rule 

3745–21–18 ‘‘Commercial Motor 

Vehicle and Mobile Equipment 

Refinishing Operations.’’, adopted 

March 23, 2009, effective April 2, 2009. 

(O) Ohio Administrative Code Rule 

3745–21–19 ‘‘Control of volatile organic 

compound emissions from aerospace 

manufacturing and rework facilities.’’, 

adopted August 15, 2008, effective 

August 25, 2008. 

(P) Ohio Administrative Code Rule 

3745–21–20 ‘‘Control of volatile organic 

compound emissions from shipbuilding 

and ship repair operations.’’, adopted 

August 15, 2008, effective August 25, 

2008. 

(Q) Ohio Administrative Code Rule 

3745–21–21 ‘‘Storage of volatile organic 

liquids in fixed roof tanks and external 

floating roof tanks.’’, adopted March 23, 

2009, effective April 2, 2009. 

(R) Ohio Administrative Code Rule 

3745–21–22 ‘‘Lithographic and 

letterpress printing.’’, adopted March 

23, 2009, effective April 2, 2009. 

(S) Ohio Administrative Code Rule 

3745–21–23 ‘‘Industrial cleaning 

solvents.’’, adopted March 23, 2009, 

effective April 2, 2009. 

(T) Ohio Administrative Code Rule 

3745–21–24 ‘‘Flat wood paneling 

coatings.’’, adopted March 23, 2009, 

effective April 2, 2009. 

(U) August 15, 2008, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

(V) March 23, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. E9–17829 Filed 7–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1537 and 1552 

[EPA–HQ–OARM–2007–1115; FRL–8935–6] 

RIN 2030–AA96 

Acquisition Regulation: Guidance on 

Technical Direction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending the EPA 

Acquisition Regulation (EPAAR) to 

revise the prescription for and the 

content of a clause that addresses 

issuing technical direction in contracts. 

This revision incorporates and 

supersedes several class deviations to 

the EPAAR and updates terminology 

and procedures related to issuing 

technical direction. 

DATES: This final rule is effective August 

12, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2007–1115. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, 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 

http://www.regulations.gov or in hard 

copy at the Office of Environmental 

(OEI) Information Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OEI Docket is (202) 566– 

1752. 

FOR FURTHER INFORMATION CONTACT: 

Donna S. Blanding, Policy, Training, 

and Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–564– 

1130; fax number: 202–565–2475; e-mail 

address: blanding.donna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially affected by this 

action include firms that are performing 


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