[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Rules and Regulations]
[Pages 18893-18894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8167]



40 CFR Part 52

[EPA-R05-OAR-2010-0259; FRL-9285-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Volatile Organic Compound Emission Control Measures for 
Lithographic and Letterpress Printing in Cleveland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving into the Ohio State Implementation Plan (SIP) 
revisions to its previously approved offset lithographic and 
letterpress printing volatile organic compound (VOC) rule. These rule 
revisions specify compliance dates for subject facilities using an add-
on control device and recordkeeping requirements when a recipe log is 
maintained for each batch of fountain solution or cleaning solution. 
These rule revisions satisfy the requirements of reasonably available 
control technology (RACT) and the Clean Air Act (CAA). EPA proposed 
these rules for approval on December 30, 2010, and received no 

DATES: This final rule is effective on May 6, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Nos. EPA-R05-OAR-2010-0259. 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, Air Planning and Maintenance Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6052.

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 today and what is the purpose of this 
III. Statutory and Executive Order Reviews

[[Page 18894]]

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 today and what is the purpose of this 

    EPA is approving Ohio's revised offset lithographic and letterpress 
printing rule (OAC 3745-21-22), submitted to EPA on March 9, 2010, into 
the Ohio SIP. This VOC rule applies to offset lithographic and 
letterpress printing operations in Ashtabula, Cuyahoga, Geauga, Lake, 
Lorain, Medina, Portage and Summit Counties. The primary purpose of 
this action is to allow an alternative for demonstrating compliance 
with add-on control requirements, and to specify recordkeeping 
requirements, when a recipe log is maintained for each batch of 
fountain solution or cleaning solution.
    In EPA's December 30, 2010, proposal (75 FR 82363), we present a 
detailed legal and technical analysis of the State's submission. The 
reader is referred to that notice for additional background on the 
submission and the bases for EPA's approval.

III. 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 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. 
    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 June 6, 2011. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 10, 2011.
Susan Hedman,
Regional Administrator, Region 5.

40 CFR part 52 is amended as follows:


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)(152) to read as 

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (152) On March 9, 2010, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted revisions to its previously approved offset 
lithographic and letterpress printing volatile organic compound (VOC) 
rule for approval into its state implementation plan (SIP). This 
submittal revises certain compliance dates and recordkeeping 
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-22 ``Control of volatile 
organic compound emissions from offset lithographic printing and 
letterpress printing facilities.'', effective February 10, 2010.
    (B) January 29, 2010, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio EPA.

[FR Doc. 2011-8167 Filed 4-5-11; 8:45 am]