[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Rules and Regulations]
[Pages 15045-15046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5800]



[[Page 15045]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0545; FRL-8292-3]


Approval and Promulgation of Implementation Plans; Ohio; Volatile 
Organic Compound Emission Control Measures for Cincinnati and Dayton

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving several volatile organic compound (VOC) 
rules, that were submitted on May 9, 2006, into the Ohio State 
Implementation Plan (SIP). These rules would partially replace the VOC 
reductions from Ohio's vehicle inspection and maintenance (E-Check) 
program (which ended on December 31, 2005) in the Cincinnati and Dayton 
areas. These rules include a provision requiring the use of lower 
emitting solvents in cold cleaner degreasers, the use of more efficient 
auto refinishing painting application techniques and a rule requiring 
the use of lower emitting portable fuel containers. These rules are 
approvable because they contain more stringent requirements than Ohio's 
existing rules and they are enforceable. Ohio has correctly calculated 
their VOC emission reduction impact. EPA is also approving several 
other rule revisions, all of which meet EPA requirements, including an 
exemption for Ohio's printing rules, a site-specific rule for an 
aerosol can filling facility, elimination of the fluid catalytic 
cracking unit limitations for a Marathon Petroleum LLC facility, and an 
alternative leak detection and repair program for the Premcor Lima 
Refinery. These rules were proposed for approval on December 6, 2006, 
and no adverse comments were received.

DATES: This final rule is effective on April 30, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0545. 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 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, [email protected].

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 adverse comments were received. The Sherwin-Williams Company 
submitted a comment supporting approval of paragraph 3745-21-09 (RR) 
pertaining to the site specific reasonably available control technology 
requirements for the Sherwin-Williams aerosol can filling facility in 
Bedford Heights, Ohio.
    Since this comment was supportive of the action being taken there 
is no need to respond to it.

II. What Action Is EPA Taking?

    EPA is approving several VOC rules into the Ohio SIP. These include 
more stringent solvent degreasing rules, an exemption for its printing 
rules, a site-specific rule for an aerosol can filling facility, 
elimination of the fluid catalytic cracking unit limitations for a 
Marathon Petroleum Company LLC facility, an alternative leak detection 
and repair program for the Premcor Lima Refinery, a rule requiring the 
marketing and sale of only low-emitting portable fuel containers, and a 
rule including the use of high efficiency paint application equipment 
at auto body refinishing operations.

III. What Is the Purpose of This Action?

    The primary purpose of the rules that Ohio submitted is to obtain 
VOC emission reductions. These reductions would partially offset the 
increase in VOC emissions resulting from elimination of its E-Check 
program in the Cincinnati and Dayton areas. Ohio EPA has submitted 
additional VOC and nitrogen oxide emission reduction measures to fully 
compensate for the resulting increase in emissions. These additional 
emission reduction measures, as well as other demonstrations needed to 
remove the E-Check program from the Ohio SIP, will be the subject of 
future rulemaking actions. This notice also approves several site-
specific rule revisions that have been requested by emission sources in 
Ohio.

IV. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant regulatory action,'' this 
action is also not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it 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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more

[[Page 15046]]

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, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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 rule 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 May 29, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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: March 6, 2007.
Mary A. Gade,
Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations 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 paragraph (c)(135) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (135) On May 9, 2006, the Ohio Environmental Protection Agency 
submitted several volatile organic compound rules for approval into the 
Ohio State Implementation Plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-21-01 Definitions: 
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
    (B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates 
and compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006, 
effective 2/10/2006.
    (C) Ohio Administrative Code Chapter 3745-21-09 Control of 
emissions of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities: Paragraphs 
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006, 
effective 3/12/2006.
    (D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel 
Containers, adopted 1/31/2006, effective 2/10/2006.
    (E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006, 
effective 2/10/2006.

 [FR Doc. E7-5800 Filed 3-29-07; 8:45 am]
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