Rule2023-14168
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
July 10, 2023
Effective
August 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving, 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. EPA proposed to approve this action on February 27, 2023, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 88 Issue 130 (Monday, July 10, 2023)</title>
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43440-43441]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14168]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0788; FRL-10425-02-R5]
Air Plan Approval; Ohio; Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, 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. EPA proposed to approve
this action on February 27, 2023, and received no adverse comments.
DATES: This final rule is effective on August 9, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0788. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. 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
through <a href="http://www.regulations.gov">www.regulations.gov</a> or 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 and facility
closures due to COVID-19. We recommend that you telephone Katie Mullen,
at (312) 353-3490 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-3490, <a href="/cdn-cgi/l/email-protection#3558405959505b1b5e54415d5950505b755045541b525a43"><span class="__cf_email__" data-cfemail="88e5fde4e4ede6a6e3e9fce0e4edede6c8edf8e9a6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On February 27, 2023, EPA proposed to approve revisions to OAC
Chapter 3745-112. The revised rules include OAC 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), effective on June 20, 2022. These revised
rules 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. An explanation of the CAA requirements, a detailed analysis
of the revisions, and EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking (88 FR 12303) and will
not be restated here. The public comment period for this proposed rule
ended on March 29, 2023. EPA received no adverse comments on the
proposal.
II. Final Action
EPA is approving 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. EPA finds that
these rules are approvable because they strengthen the VOC control
portion of Ohio's SIP.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Administrative Code Regulations described in section I of this preamble
and set forth in the amendments to 40 CFR part 52 below. 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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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:
<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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
[[Page 43441]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Ohio Environmental Protection Agency did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 8, 2023. 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: June 29, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (c) is amended by revising
the section entitled ``Chapter 3745-112 Volatile Organic Compound
Limits in Consumer Products'' to read as follows:
Sec. 52.1870 Identification of plan.
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(c) * * *
EPA-Approved Ohio Regulations
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Ohio effective
Ohio citation Title/subject date EPA approval date Notes
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Chapter 3745-112 Volatile Organic Compound Limits in Consumer Products
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3745-112-01............... Definitions............ 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-02............... Applicability.......... 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-03............... Standards.............. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-04............... Exemptions............. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-05............... Administrative 6/20/2022 7/10/2023, [INSERT FEDERAL
Requirements. REGISTER CITATION].
3745-112-06............... Reporting Requirements. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-07............... Variances.............. 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
3745-112-08............... Test Methods........... 6/20/2022 7/10/2023, [INSERT FEDERAL
REGISTER CITATION].
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[FR Doc. 2023-14168 Filed 7-7-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 10, 2023.
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