[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Rules and Regulations]
[Pages 37171-37173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17829]


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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.

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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, [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 comments were received.

II. What Action Is EPA Taking?

    EPA is approving several revised and new VOC rules into the Ohio 
SIP.

[[Page 37172]]

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 non-CTG 
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.


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 and reserving paragraphs 
(c)(144) and (c)(145) and by adding paragraph (c)(146) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *

[[Page 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]
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