[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52691-52693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24610]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0908; FRL-8958-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio Administrative Code Rule 3745-21-17 Portable Fuel Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Ohio Environmental Protection Agency (Ohio EPA) submitted
a revision to its State Implementation Plan (SIP) under the Clean Air
Act (CAA) in order to reduce air pollution in Ohio. The SIP revision
consists of a new regulation entitled Ohio's Administrative Code Rule
3745-21-17 ``Control of VOC Emissions from Portable Fuel Containers.''
This rule impacts sale, use, and manufacture of Portable Fuel
Containers (PFC) in the State of Ohio. Ohio EPA submitted this request
for approval of this rule on August 7, 2007. EPA is approving this
rule.
DATES: This direct final rule will be effective December 14, 2009,
unless EPA receives adverse comments by November 13, 2009. 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-2007-0908, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
[[Page 52692]]
2. E-mail: [email protected].
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, 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-
2007-0908. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or e-mail.
The 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 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
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 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 Michael G. Leslie, Environmental
Engineer, at (312) 353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [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. Background
II. Summary of SIP Revision
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. Background
The State of Ohio currently has eleven 8-hour ozone nonattainment
and maintenance areas. Ohio's Administrative Code Rule 3745-21-17
impacts sale, use, and manufacture of PFCs in the State of Ohio. This
rule is intended to help Ohio attain and maintain the 8-hour ozone
standard through reductions of emissions of Volatile Organic Compounds
(VOC) from these containers. VOCs are precursors to the formation of
ozone.
II. Summary of SIP Revision
The PFC regulations are useful in Ohio's and EPA's efforts to
improve Ohio's air quality. PFCs, also known as gas cans, are used to
fill a variety of equipment including lawnmowers, vehicles, and
personal watercraft. The goal of this program is to ensure that
spillage and evaporative emissions from such containers are minimized
or eliminated. Because of their large numbers, PFCs have the cumulative
potential to create substantial hydrocarbon emissions resulting in
ozone-forming smog and health related problems. On September 11, 2006,
California's Air Resources Board (CARB) finalized regulations that set
specific limitations on the maximum allowable diurnal emission standard
for PFCs and operation of the automatic shut-off feature of spill-proof
systems and spill-proof spouts on PFCs. EPA modeled its own PFC rules
on the CARB rules. The State of Ohio finds that these regulations are
an effective tool to attain and maintain the 8-hour ozone standard
throughout Ohio.
On August 7, 2007, Ohio EPA submitted a formal request to EPA to
revise the Ohio SIP by adding the new regulation entitled ``Control of
VOC Emissions from Portable Fuel Containers.'' This regulation applies
statewide to any person who sells, supplies, offers for sale, or
manufactures for sale portable fuel containers and/or spouts for use in
Ohio on or after July 1, 2007.
This regulation requires that each PFC and/or spout for sale or use
in the State of Ohio: (1) Be certified by the CARB, or (2) be certified
or otherwise approved under requirements and in a manner that Ohio EPA
determines are as stringent as the California requirements. EPA is
approving this rule because it meets CAA and EPA requirements and helps
reduce ozone concentrations.
This rule does not apply to: (1) Any PFC or spout or combination
portable fuel container and spout manufactured in Ohio for shipment,
sale, and use outside of Ohio, (2) safety cans meeting the requirements
of 29 CFR part 1926, subpart F: ``Fire Protection and Prevention;'' as
published in the July 1, 2006, edition of the Code of Federal
Regulations, (3) PFC with a nominal capacity less than or equal to one
quart, (4) rapid refueling devices with nominal capacities greater
than, or equal to four gallons, provided such devices are designed for
use in officially sanctioned off-highway motor sports, (5) portable
fuel tanks manufactured specifically to deliver fuel through a hose
attached between the portable fuel tank and the outboard engine for the
purpose of operating the outboard engine, (6) closed-system PFC that
are used exclusively for fueling remote control model airplanes, and
(7) PFC or PFC spouts manufactured prior to July 1, 2007.
III. What Action Is EPA Taking?
EPA is approving Ohio's Administrative Code Rule 3745-21-17 which
governs sale, use, and manufacture of PFCs in the State of Ohio.
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
[[Page 52693]]
comments are filed. This rule will be effective December 14, 2009
without further notice unless we receive relevant adverse written
comments by November 13, 2009. 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
based on the proposed action. EPA will not institute a second comment
period. 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 December 14, 2009.
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 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 December 14, 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, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: September 9, 2009.
Bharat Mathur,
Acting 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]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
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2. Section 52.1870 is amended by adding paragraph (c)(144) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(144) The Ohio Environmental Protection Agency formally submitted
revisions to Ohio's Administrative Code on August 7, 2007. These
revisions consists of Rule 3745-21-17 which impacts sale, use, and
manufacture of Portable Fuel Containers in the State of Ohio.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-17 ``Portable fuel
containers'', adopted on June 11, 2007, effective on June 21, 2007.
(B) June 11, 2007, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
* * * * *
[FR Doc. E9-24610 Filed 10-13-09; 8:45 am]
BILLING CODE 6560-50-P