Proposed Rule2023-03599
Air Plan Approval; Ohio; Consumer Products Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 27, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision submitted by the Ohio Environmental Protection Agency (Ohio EPA) on September 7, 2022. Ohio EPA requests that EPA approve revised volatile organic compounds (VOCs) control rules under Chapter 3745-112 of the Ohio Administrative Code (OAC) into Ohio's SIP. The revised rules will reduce emissions that contribute to ozone formation and assist with efforts to achieve and maintain the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA finds that these rules are approvable because they are SIP strengthening measures.
Full Text
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<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12303-12304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03599]
[[Page 12303]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0788; FRL-10425-01-R5]
Air Plan Approval; Ohio; Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, under the Clean Air Act (CAA), a State Implementation Plan
(SIP) revision submitted by the Ohio Environmental Protection Agency
(Ohio EPA) on September 7, 2022. Ohio EPA requests that EPA approve
revised volatile organic compounds (VOCs) control rules under Chapter
3745-112 of the Ohio Administrative Code (OAC) into Ohio's SIP. The
revised rules will reduce emissions that contribute to ozone formation
and assist with efforts to achieve and maintain the 2015 ozone National
Ambient Air Quality Standard (NAAQS). EPA finds that these rules are
approvable because they are SIP strengthening measures.
DATES: Comments must be received on or before March 29, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0788 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#7d1c0f0f1c530e1c0f1c153d180d1c531a120b"><span class="__cf_email__" data-cfemail="3d5c4f4f5c134e5c4f5c557d584d5c135a524b">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#c7aab2ababa2a9e9aca6b3afaba2a2a987a2b7a6e9a0a8b1"><span class="__cf_email__" data-cfemail="ff928a93939a91d1949e8b97939a9a91bf9a8f9ed1989089">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is EPA proposing?
EPA is proposing to approve rule revisions to OAC Chapter 3745-112.
The revised rules include OAC 3745-112-01 to OAC 3745-112-08 and are
intended to assist in achieving and maintaining the 2015 ozone NAAQS
through the regulation of VOCs in consumer products. We find that these
rules are approvable because they are SIP strengthening measures.
II. What is the background for these actions?
On August 13, 2009 (74 FR 40745), EPA approved OAC Chapter 3745-
112, ``Consumer Products'' into Ohio's SIP, which was part of Ohio's
strategy to attain the 1997 ozone NAAQS. The rules in OAC Chapter 3745-
112 contain regulations for the content of VOCs in consumer products
sold, supplied, offered for sale, or manufactured for use in the state
of Ohio. These rules adopted the standards in the model rule developed
by the Ozone Transport Commission (OTC). The OTC develops model rules
for states to consider when adopting consumer products regulations and
has since provided updated versions of the model rules, called
``phases'', for states to consider in subsequent adoption or revision
of consumer products standards.
The rules in OAC Chapter 3745-112 were originally based on the 2006
Phase II OTC model rule for consumer products. Ohio has updated these
rules to adopt more recent versions of the OTC model rule;
specifically, up through the 2012 Phase IV OTC model rule (this
includes adopting the limits in the 2010 Phase III model rule, as well
as the 2013 technical update). This update is part of Ohio's strategy
to attain the 2015 ozone NAAQS.
As a result of its routine 5-year review process, Ohio EPA also
made various minor changes to this chapter, as well as changes to OAC
rule 3745-112-01 to update information on referenced materials. These
changes are minor in nature, and do not affect the scope or intent of
the rules.
III. What is EPA's analysis of Ohio's SIP revision?
Ohio EPA has requested that EPA approve revised rules under Chapter
3745-112 of the OAC. These rules include 3745-112-01 (Definitions);
3745-112-02 (Applicability); 3745-112-03 (Standards); 3745-112-04
(Exemptions); 3745-112-05 (Administrative Requirements); 3745-112-06
(Reporting Requirements); 3745-112-07 (Variances); and 3745-112-08
(Test Methods). These revised rules are intended to assist in achieving
and maintaining the 2015 ozone NAAQS through the regulation of volatile
organic compounds in consumer products. The revisions are described in
detail below. EPA is determining that these revisions are approvable
since they serve as SIP strengthening measures.
A. 3745-112-01 Definitions
This rule contains the applicable definitions and referenced
material for OAC Chapter 3745-112. The rule is being amended to adopt
new and revised definitions and referenced material consistent with the
updated version of the OTC model rule. Since the revised definitions do
not make this rule less stringent, EPA finds that 3745-112-01 is
approvable.
B. 3745-112-02 Applicability
This rule identifies entities affected by this rule and the date of
compliance with the rules contained in OAC Chapter 3745-112. The
proposed rule revisions update the date of compliance. Since specifying
implementation and compliance dates do not make the rules less
stringent, EPA finds that the revisions to 3745-112-02 are approvable.
C. 3745-112-03 Standards
This rule identifies the specific consumer products regulated and
their associated VOC content limits. This rule is being amended to
adopt new and revised VOC limits consistent with the updated version of
the OTC model rule. Since this rule adopts new and more stringent VOC
content limits, EPA finds that the revisions strengthen the SIP and are
approvable.
D. 3745-112-04 Exemptions
This rule specifies the exemptions applicable to Chapter 3745-112
of the OAC. The rule is being amended to
[[Page 12304]]
include minor changes to correct typos and update the rule language in
this chapter to meet agency style and formatting guidelines. Since the
minor changes to this rule do not make this rule any less stringent,
EPA finds that the revisions to 3745-112-04 are approvable.
E. 3745-112-05 Administrative Requirements
This rule specifies the administrative requirements applicable to
OAC Chapter 3745-112. The rule is being amended to establish effective
dates consistent with the updated version of the OTC model rule and to
make minor changes to conform with formatting standards. Since the
changes to the administrative requirements do not make this rule any
less stringent, EPA finds that the revisions to 3745-112-05 are
approvable.
F. 3745-112-06 Reporting Requirements
This rule specifies the reporting requirements for consumer
products regulated under OAC Chapter 3745-112. This rule is being
amended to conform to agency formatting standards. Since the changes to
the reporting requirements do not make this rule any less stringent,
EPA finds that the revisions to 3745-112-06 are approvable.
G. 3745-112-07 Variances
This rule details the procedures for a facility to apply for a
variance from the requirements specified in OAC rule 3745-112-03. This
rule is being amended to conform to agency formatting standards. Since
the changes to the variances do not make this rule any less stringent,
EPA finds that the revisions to 3745-112-07 are approvable.
H. 3745-112-08 Test Methods
This rule specifies the test methods that shall be employed to show
compliance with the VOC content limits of consumer products listed in
OAC Chapter 3745-112. This rule is being amended to eliminate
unnecessary restrictions and conform to agency formatting standards.
Since the changes to the test methods do not make this rule any less
stringent, EPA finds that the revisions to 3745-112-08 are approvable.
IV. What action is EPA taking?
EPA is proposing to approve rule revisions to Chapter 3745-112 of
the OAC. The revised rules include OAC 3745-112-01 to OAC 3745-112-08
and are intended to assist in achieving and maintaining the 2015 ozone
NAAQS through the regulation of VOCs in consumer products. As discussed
above, EPA finds that these rules are approvable because they
strengthen the SIP.
V. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Ohio Administrative Code Chapter 3745-112, effective on June
20, 2022, discussed in section III of this preamble. EPA has made, and
will continue to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air Act 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: February 15, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-03599 Filed 2-24-23; 8:45 am]
BILLING CODE 6560-50-P
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