80 FR 36477 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 122 (June 25, 2015)
Federal Register Volume 80, Issue 122 (June 25, 2015)
| Page Range | 36477-36481 | |
| FR Document | 2015-15554 |
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)] [Rules and Regulations] [Pages 36477-36481] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15554] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0385; FRL-9928-57-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio PM2.5 NSR AGENCY: Environmental Protection Agency (EPA) ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to Ohio's state implementation plan (SIP) as requested by the Ohio Environmental Protection Agency (OEPA) on June 19, 2014. The revisions to Ohio's SIP implement certain EPA regulations for particulate matter smaller than 2.5 micrometers (PM2.5 ) by establishing definitions related to PM2.5 , defining PM2.5 increment levels, and setting PM2.5 class 1 variances. The revisions also incorporate changes made to definitions clarifying terminology consistent with Federal regulations, adding Federal land manager notification requirements, and incorporating minor organizational or typographical changes. DATES: This direct final rule will be effective August 24, 2015, unless EPA receives adverse comments by July 27, 2015. 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-2014-0385, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (312) 385-5501. 4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Genevieve Damico, Chief, Air Permits 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- 2014-0385. 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 email. 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 email comment directly to EPA without going through www.regulations.gov your email 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 Charmagne Ackerman, Environmental Engineer, at (312) 886-0448 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Charmagne Ackerman, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0448, [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. What action is EPA taking? III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background On June 19, 2014, OEPA submitted to EPA revisions to Ohio Administrative Code (OAC) chapter 3745-31. Revisions were made to the following rules: 3745-31-01 through 3745-31-04, OAC 3745-31-06 through 3745-31-23, 3745-31-25, 3745-31-26, 3745-31-29 and 3745-31-32. The changes made were to implement the PM2.5 National Ambient Air Quality Standards (NAAQS), PM2.5 New Source Review (NSR) program and regulations related to nitrogen oxides (NOX ) as a precursor to ozone; include definitions for ``PM2.5, '' ``PM2.5 direct emissions,'' ``PM2.5 emissions,'' ``PM2.5 precursor,'' ``emergency,'' ``emergency engine,'' ``permanent,'' ``publicly owned treatment works,'' ``quantifiable,'' ``semi-public disposal system,'' and ``surplus''; include Federal land manager notification requirements; clarification of nonattainment provisions; and minor clarification and organizational revisions. In a letter dated March 26, 2015, OEPA requested that we not take action on OAC 3745-31-01(QQQQ) for the definition of ``permanent''; OAC 3745-31- 01(JJJJJ) for the definition of ``quantifiable''; OAC [[Page 36478]] 3745-31-01(BBBBBB) for the definition of ``surplus''; OAC 3745-31- 22(A)(3)(b) and OAC 3745-31-26(D) regarding PM2.5 interpollutant offset ratios; OAC 3745-31-24(F)(1)(a) and OAC 3745-31- 27(A)(1)(b) regarding the establishment of offset emission reductions. II. What action is EPA taking? EPA is partially approving the SIP revision submittal. EPA previously approved a portion of the submittal, 79 FR 64119 (October 28, 2014), and is approving the remainder of the submittal, with the exceptions detailed in Ohio's March 26, 2015, and April 17, 2015, letters, in this action. Ohio's SIP revisions comply with regulations EPA enacted to address the PM2.5 NAAQS. These revisions implement the NSR and prevention of significant deterioration (PSD) program, as required by EPA's regulations. The revisions also implement minor clarification and organizational revisions not directly related to PM2.5 . EPA is approving the following rules: portions of OAC 3745-31-01; OAC 3745-31-02; OAC 3745-31-04; OAC 3745-31-06; OAC 3745-31-07; OAC 3745-31-08; OAC 3745-31-09; OAC 3745-31-10; OAC 3745-31-11; OAC 3745- 31-12; OAC 3745-31-14; OAC 3745-31-15; OAC 3745-31-17; OAC 3745-31-18; OAC 3745-31-19; OAC 3745-31-20; OAC 3745-31-21; OAC 3745-31-22, except for paragraph (A)(3)(b); OAC 3745-31-23, excluding the 1-hour NO2 SIL; OAC 3745-31-24, except for paragraph (F); OAC 3745- 31-25; OAC 3745-31-26, except for paragraph (D); OAC 3745-31-27, except for paragraph (A)(1)(b); OAC 3745-31-29; and OAC 3745-31-32. A. Nonattainment NSR Related Actions On April 25, 2007, EPA published the ``Clean Air Fine Particle Implementation Rule'' (72 FR 20586) as a final rule in the Federal Register. This 2007 action provides rules and guidance for the CAA requirements for SIPs to implement the 1997 fine particle NAAQS. As part of this rulemaking, EPA promulgated 40 CFR part 51, subpart Z ``Provisions for Implementation of PM2.5 National Ambient Air Quality Standards''. 40 CFR part 51, subpart Z outlines the requirements that a state SIP must meet to implement and comply with the PM2.5 NAAQS. The final rule became effective on May 29, 2007. On May 16, 2008, EPA published the ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5 )'' (73 FR 28321) as a final rule in the Federal Register. These 2008 regulations establish the PM2.5 NSR program. The PM2.5 NSR program includes provisions establishing the PM2.5 major source threshold, significant emissions rate, and applicability of NSR to PM2.5 precursors. This final rule became effective on July 15, 2008. OEPA's revision to 3745-31-19 updates the table for Class I variances. The update includes adding an arithmetic mean of 4 micrograms per cubic meter ([mu]g/m\3\) and a twenty-four-hour maximum of 9 [mu]g/m\3\ for PM2.5 . The revision also updates the twenty-four-hour maximum for PM10 from 20 [mu]g/m\3\ to 30 [mu]g/m\3\. These revisions are consistent with 40 CFR 52.21(p)(5). On December 31, 2002, EPA published final rule changes to the PSD and NSR programs (67 FR 80186) (2002 NSR Reform Rules), and on November 7, 2003, EPA published a notice of final action on the reconsideration of the December 31, 2002, final rule changes (68 FR 63021). After the 2002 NSR Reform Rules were finalized and effective (March 3, 2003), various petitioners challenged various aspects of the rules, along with portions of EPA's 1980 PSD and NNSR Rules (45 FR 5276, August 7, 1980). On June 24, 2005, the United States Circuit Court of Appeals for the DC Circuit Court issued a decision on the challenges to the 2002 NSR Reform Rules. See New York v. United States, 413 F.3d 3 (D.C. Cir. 2005). In summary, the DC Circuit Court vacated portions of the 2002 NSR Reform Rules pertaining to ``clean units'' and ``pollution control projects'' (PCPs), remanded a portion of the ``reasonable possibility'' provisions (40 CFR 52.21(r)(6) and 40 CFR 51.166(r)(6)), and either upheld or did not comment on the other provisions included as part of the 2002 NSR Reform Rules. On June 13, 2007 (72 FR 32526), EPA took final action to revise the 2002 NSR Reform Rules to remove from Federal law all provisions pertaining to clean units and the PCP exemption that were vacated by the DC Circuit Court. Additionally, in New York v. United States, the DC Circuit remanded EPA's ``reasonable possibility'' provision, which identifies for sources and reviewing authorities the circumstances under which a major stationary source undergoing a modification that does not trigger major NSR must keep records. On December 21, 2007, EPA addressed the Court's remand, and took final action to establish that a ``reasonable possibility'' applies where source emissions equal or exceed 50 percent of the CAA NSR significance levels for any pollutant (72 FR 72607). See 40 CFR 52.21(r)(b). OEPA's revision to 3745-31-22 consists of the inclusion of PM2.5 interprecursor offsetting into paragraph (A)(3)(b), the removal of paragraphs (A)(3)(e) and (A)(3)(f), and the addition paragraph (A)(5) relating to reasonable further progress. The March 26, 2015, clarification letter submitted by OEPA withdraws paragraph (A)(3)(b) from the submittal. The removal of paragraphs (A)(3)(e) and (f) are consistent with the 2002 NSR Reform Rules. OEPA's revision to 3745-31-23 updates the table of significance levels in paragraph (A) of this rule by adding PM2.5 values of 0.3 [mu]g/m\3\ as the annual significance level and 1.2 [mu]g/m\3\ as the significance level with a 24-hour averaging time. PM2.5 has also been added to list of pollutants for which an air quality impact must be determined in paragraph (C)(1) of this rule. OEPA has also updated the table to remove total suspended particulate and its significance values. The value for NOX with a one- hour averaging time was also added as 10 [mu]g/m\3\. OEPA sent a clarification letter on March 26, 2015, which excludes the one-hour NOX significance level from inclusion into the SIP. The changes made to this rule are consistent with 40 CFR 51.165(b)(2). OEPA's revision to 3745-31-24 include changes to paragraph (B), baseline for determining credit for emission offsets, and paragraph (F),operating hours and stationary source shut down. OEPA's March 26, 2015 and April 17, 2015, clarification letters withdraw the revisions from 3745-31-24(F) from inclusion from the SIP. The changes made to 3745-31-24(B) are consistent with the language in 40 CFR 56.165(a)(3). OEPA's revision to 3745-31-25, location of offsetting emissions for nonattainment areas, incorporates the conditions listed in 40 CFR part 51, appendix S, section IV.D. OEPA's revision to 3745-31-26 adds offset ratio requirement for nonattainment areas. The revisions are consistent with language in 40 CFR part 51, appendix S. OEPA's March 26, 2015, letter withdraws 3745-31-26 (D) from the SIP submission. OEPA's revision to 3745-31-27 made clarifications to the rule regarding administrative procedures for emission offsets. OEPA's March 26, 2015, and April 17, 2015, clarification letters withdraw paragraph (A)(1)(b) from the SIP submission. The remainder of the revisions to 3745-31-27 are minor and do not change the meaning of the existing language and are therefore approvable. [[Page 36479]] B. Definitions OEPA has submitted the following definitions to be added to OAC 3745-31-01: ``emergency'' at 3745-31-01(MM); ``emergency engine'' at 3745-31-01(NN); ``publicly owned treatment works'' at 3745-31- 01(IIIII); ``semi-public disposal system'' at 3745-31-01(TTTTT); and ``truck'' at 3745-31-01(GGGGGG). OEPA's March 26, 2015, letter provided additional clarification on the definitions for ``emergency'' and ``publicly owned treatment works,'' and withdrew the definitions ``permanent'' at 3745-31-01 (QQQQ), ``quantifiable'' at 3745-31- 01(JJJJJ) and ``surplus'' at 3745-31-01(BBBBBB) from the SIP submission. OEPA's intent with including a definition of ``emergency'' in OAC Chapter 31 was to clearly define situations in which an emergency internal combustion engine could operate under the permit exemption and permit-by-rule found in OAC rule 3745-31-03. OEPA used examples consistent with those used in 40 CFR part 60, subpart IIII, the standards of performance for new stationary compression ignition internal combustion engines, 40 CFR part 60, subpart JJJJ, the standards of performance for new stationary spark ignition internal combustion engines, and 40 CFR part 63, subpart ZZZZ, the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines. OEPA further explained that this definition for ``emergency'' found in OAC rule 3745-31-01 is only applicable to the permit exemption found in OAC paragraph 3745-31- 03(A)(1)(nn) and the permit-by-rule found in OAC paragraph 3745-31- 03(A)(4)(b). OEPA believes that the definition of ``emergency'' in Chapter 31 does not relate to, interfere with or revise the 40 CFR part 70 definition of ``emergency''. Given OEPA's clarification on the intended application of ``emergency'' and its distinction between Chapter 31 and 40 CFR part 70, EPA approves the definition of ``emergency'' into the SIP. Regarding the definition for ``publicly owned treatment works,'' OEPA is planning to add a new exemption to OAC rule 3745-31-03 that references the term ``semi-public disposal system.'' Because rule 3745- 31-01 was being revised ahead of the changes to the 3745-31-03 rule, OEPA decided to include the new exemption into 31-01 so that additional rulemaking would not be needed later. The new definition will be used only if and when the new exemption becomes effective. The definitions for ``emergency engine,'' ``semi-public disposal system,'' and ``truck'' are all consistent with the definitions in Federal regulations. C. Organizational and Typographical Changes In addition to the substantive revisions made to the rules being approved, OEPA made organizational changes to lettering or numbering of paragraphs as well as corrections to typographical errors. EPA is also approving these revisions as they do not change the meaning of the existing language. 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 comments are filed. This rule will be effective August 24, 2015 without further notice unless we receive relevant adverse written comments by July 27, 2015. 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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective August 24, 2015. 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 Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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, 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 [[Page 36480]] substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 August 24, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 19, 2015. Susan Hedman, Regional Administrator, Region 5. 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. Section 52.1870 is amended by adding paragraph (c)(162) to read as follows: Sec. 52.1870 Identification of plan. * * * * * (c) * * * (162) On June 19, 2014, the Ohio Environmental Protection Agency submitted several PM 2.5 rules for approval into the Ohio State Implementation Plan (SIP). The changes to the SIP include revisions related to particulate matter smaller than 2.5 micrometers (PM2.5 ) defining a significance level for PM2.5 for nonattainment areas, baseline for determining credit for emission offsets, location of offsetting emissions in nonattainment areas, and offset requirements. The revisions also include establishing definitions for emergency, emergency engine, publicly owned treatment works, and semi-public disposal system and incorporating minor organizational or typographical changes. (i) Incorporation by reference. (A) Ohio Administrative Code Rule 3745-31-01, ``Definitions'', paragraphs (L) through (N), (Q), (U), (II), (MM) through (KKK), (OOO), (PPP), (RRR), (TTT) through (PPPP), (RRRR), (SSSS), (XXXX) through (IIIII), (KKKKK) through (MMMMM), (OOOOO) through (UUUUU), (WWWWW) through (AAAAAA), (CCCCCC) through (LLLLLL), effective May 29, 2014. (B) Ohio Administrative Code Rule 3745-31-02, ``Applicability, requirements and obligations'', effective May 29, 2014. (C) Ohio Administrative Code Rule 3745-31-04, ``Applications'', effective May 29, 2014. (D) Ohio Administrative Code Rule 3745-31-06, ``Completeness determinations, processing requirements, public participation, public notice, and issuance'', effective May 29, 2014. (E) Ohio Administrative Code Rule 3745-31-07, ``Termination, revocation, expiration, renewal, revision and transfer'', effective May 29, 2014. (F) Ohio Administrative Code Rule 3745-31-08, ``Registration status permit-to-operate'', effective May 29, 2014. (G) Ohio Administrative Code Rule 3745-31-09, ``Variances on operation'', effective May 29, 2014. (H) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at existing emission units at a major stationary source'', effective May 29, 2014. (I) Ohio Administrative Code Rule 3745-31-11, ``Attainment provisions--ambient air increments, ceilings and classifications'', effective May 29, 2014. (J) Ohio Administrative Code Rule 3745-31-12, ``Attainment provisions--data submission requirements'', effective May 29, 2014. (K) Ohio Administrative Code Rule 3745-31-14, ``Attainment provisions--preapplication analysis'', effective May 29, 2014. (L) Ohio Administrative Code Rule 3745-31-15, ``Attainment provisions--control technology review'', effective May 29, 2014. (M) Ohio Administrative Code Rule 3745-31-17, ``Attainment provisions--additional impact analysis'', effective May 29, 2014. (N) Ohio Administrative Code Rule 3745-31-18, ``Attainment provisions--air quality models'', effective May 29, 2014. (O) Ohio Administrative Code Rule 3745-31-19, ``Attainment provisions--notice to the United States environmental protection agency'', effective May 29, 2014. (P) Ohio Administrative Code Rule 3745-31-20, ``Attainment provisions--innovative control technology'', effective May 29, 2014. (Q) Ohio Administrative Code Rule 3745-31-21, ``Nonattainment provisions--review of major stationary sources and major modifications--stationary source applicability and exemptions'', effective May 29, 2014. (R) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment provisions--conditions for approval'', except for paragraph (A)(3)(b), effective May 29, 2014. (S) Ohio Administrative Code Rule 3745-31-23, ``Nonattainment provisions--stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard'' with exclusion of the 1-hour NO2 Significant Impact Level described in table in paragraph (A), effective May 29, 2014. (T) Ohio Administrative Code Rule 3745-31-24, ``Nonattainment provisions--baseline for determining credit for emission and air quality offsets'', except for paragraph (F), effective May 29, 2014. (U) Ohio Administrative Code Rule 3745-31-25, ``Nonattainment provisions--location of offsetting emissions'', effective May 29, 2014. [[Page 36481]] (V) Ohio Administrative Code Rule 3745-31-26, ``Nonattainment provisions--offset ratio requirements'', except for paragraph (D), effective May 29, 2014. (W) Ohio Administrative Code Rule 3745-31-27, ``Nonattainment provisions--administrative procedures for emission offsets'', except for paragraph (A)(1)(b), effective May 29, 2014. (X) Ohio Administrative Code Rule 3745-31-29, ``General permit-to- install and general PTIO'', effective May 29, 2014. (Y) Ohio Administrative Code Rule 3745-31-32, ``Plantwide applicability limit (PAL)'', effective May 29, 2014. (Z) May 19, 2014, ``Director's Final Findings and Orders'', signed by Craig W. Butler, Director, Ohio Environmental Protection Agency. [FR Doc. 2015-15554 Filed 6-24-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36477
PART 12—NATIONAL CEMETERIES ADDRESSES: Submit your comments, index. Although listed in the index,
identified by Docket ID No. EPA–R05– some information is not publicly
■ 15. The authority citation for part 12 OAR–2014–0385, by one of the available, e.g., CBI or other information
is revised to read as follows: following methods: whose disclosure is restricted by statute.
Authority: 54 U.S.C. 100101, 100751, 1. www.regulations.gov: Follow the Certain other material, such as
320102. on-line instructions for submitting copyrighted material, will be publicly
comments. available only in hard copy. Publicly
PART 13—NATIONAL PARK SYSTEM 2. Email: damico.genevieve@epa.gov. available docket materials are available
UNITS IN ALASKA 3. Fax: (312) 385–5501. either electronically in
4. Mail: Genevieve Damico, Chief, Air www.regulations.gov or in hard copy at
■ 16. The authority citation for part 13 Permits Section, Air Programs Branch the Environmental Protection Agency,
is revised to read as follows: (AR–18J), U.S. Environmental Region 5, Air and Radiation Division, 77
Authority: 16 U.S.C. 3124; 54 U.S.C.
Protection Agency, 77 West Jackson West Jackson Boulevard, Chicago,
100101, 100751, 320102; Sec. 13.1204 also Boulevard, Chicago, Illinois 60604. Illinois 60604. This facility is open from
issued under Sec. 1035, Pub. L. 104–333, 110 5. Hand Delivery: Genevieve Damico,
8:30 a.m. to 4:30 p.m., Monday through
Stat. 4240. Chief, Air Permits Section, Air Programs
Friday, excluding Federal holidays. We
Branch (AR–18J), U.S. Environmental
Dated: June 15, 2015. recommend that you telephone
Protection Agency, 77 West Jackson
Charmagne Ackerman, Environmental
Michael Bean, Boulevard, Chicago, Illinois 60604.
Engineer, at (312) 886–0448 before
Principal Deputy Assistant Secretary for Fish Such deliveries are only accepted
visiting the Region 5 office.
and Wildlife and Parks. during the Regional Office normal hours
[FR Doc. 2015–15498 Filed 6–24–15; 8:45 am] of operation, and special arrangements FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4310–EJ–P should be made for deliveries of boxed Charmagne Ackerman, Environmental
information. The Regional Office official Engineer, Air Permits Section, Air
hours of business are Monday through Programs Branch (AR–18J),
Friday, 8:30 a.m. to 4:30 p.m., excluding Environmental Protection Agency,
ENVIRONMENTAL PROTECTION Federal holidays. Region 5, 77 West Jackson Boulevard,
AGENCY Instructions: Direct your comments to Chicago, Illinois 60604, (312) 886–0448,
Docket ID No. EPA–R05–OAR–2014– Ackerman.charmagne@epa.gov.
40 CFR Part 52 0385. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION:
received will be included in the public Throughout this document whenever
[EPA–R05–OAR–2014–0385; FRL–9928–57–
Region 5] docket without change and may be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
made available online at EPA. This supplementary information
Approval and Promulgation of Air www.regulations.gov, including any section is arranged as follows:
Quality Implementation Plans; Ohio; personal information provided, unless I. Background
Ohio PM2.5 NSR the comment includes information II. What action is EPA taking?
claimed to be Confidential Business III. Incorporation by Reference
AGENCY: Environmental Protection Information (CBI) or other information IV. Statutory and Executive Order Reviews
Agency (EPA) whose disclosure is restricted by statute.
ACTION: Direct final rule. Do not submit information that you I. Background
consider to be CBI or otherwise On June 19, 2014, OEPA submitted to
SUMMARY: The Environmental Protection protected through www.regulations.gov EPA revisions to Ohio Administrative
Agency (EPA) is approving, under the or email. The www.regulations.gov Web Code (OAC) chapter 3745–31. Revisions
Clean Air Act (CAA), revisions to Ohio’s site is an ‘‘anonymous access’’ system, were made to the following rules: 3745–
state implementation plan (SIP) as which means EPA will not know your 31–01 through 3745–31–04, OAC 3745–
requested by the Ohio Environmental identity or contact information unless 31–06 through 3745–31–23, 3745–31–
Protection Agency (OEPA) on June 19, you provide it in the body of your 25, 3745–31–26, 3745–31–29 and 3745–
2014. The revisions to Ohio’s SIP comment. If you send an email 31–32. The changes made were to
implement certain EPA regulations for comment directly to EPA without going implement the PM2.5 National Ambient
particulate matter smaller than 2.5 through www.regulations.gov your email Air Quality Standards (NAAQS), PM2.5
micrometers (PM2.5) by establishing address will be automatically captured New Source Review (NSR) program and
definitions related to PM2.5, defining and included as part of the comment regulations related to nitrogen oxides
PM2.5 increment levels, and setting that is placed in the public docket and (NOX) as a precursor to ozone; include
PM2.5 class 1 variances. The revisions made available on the Internet. If you definitions for ‘‘PM2.5,’’ ‘‘PM2.5 direct
also incorporate changes made to submit an electronic comment, EPA emissions,’’ ‘‘PM2.5 emissions,’’ ‘‘PM2.5
definitions clarifying terminology recommends that you include your precursor,’’ ‘‘emergency,’’ ‘‘emergency
consistent with Federal regulations, name and other contact information in engine,’’ ‘‘permanent,’’ ‘‘publicly owned
adding Federal land manager the body of your comment and with any treatment works,’’ ‘‘quantifiable,’’
notification requirements, and disk or CD–ROM you submit. If EPA ‘‘semi-public disposal system,’’ and
incorporating minor organizational or cannot read your comment due to ‘‘surplus’’; include Federal land
typographical changes. technical difficulties and cannot contact manager notification requirements;
DATES: This direct final rule will be you for clarification, EPA may not be clarification of nonattainment
effective August 24, 2015, unless EPA able to consider your comment. provisions; and minor clarification and
Lhorne on DSK7TPTVN1PROD with RULES
receives adverse comments by July 27, Electronic files should avoid the use of organizational revisions. In a letter
2015. If adverse comments are received, special characters, any form of dated March 26, 2015, OEPA requested
EPA will publish a timely withdrawal of encryption, and be free of any defects or that we not take action on OAC 3745–
the direct final rule in the Federal viruses. 31–01(QQQQ) for the definition of
Register informing the public that the Docket: All documents in the docket ‘‘permanent’’; OAC 3745–31–01(JJJJJ) for
rule will not take effect. are listed in the www.regulations.gov the definition of ‘‘quantifiable’’; OAC
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![Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36481
(V) Ohio Administrative Code Rule DATES: This final rule is effective on July sources. The recommendations in the
3745–31–26, ‘‘Nonattainment 27, 2015. CTG are based upon available data and
provisions—offset ratio requirements’’, ADDRESSES: EPA has established a information and may not apply to a
except for paragraph (D), effective May docket for this action under Docket ID particular situation based upon the
29, 2014. Number EPA–R03–OAR–2015–0166. All circumstances. States can adopt
(W) Ohio Administrative Code Rule documents in the docket are listed in regulations to implement the
3745–31–27, ‘‘Nonattainment the www.regulations.gov Web site. recommendations contained within the
provisions—administrative procedures Although listed in the electronic docket, CTG, or they can adopt alternative
for emission offsets’’, except for some information is not publicly approaches. Regardless of whether a
paragraph (A)(1)(b), effective May 29, available, i.e., confidential business state chooses to implement the
2014. information (CBI) or other information recommendations contained within the
(X) Ohio Administrative Code Rule whose disclosure is restricted by statute. CTGs through state rules, or to issue
3745–31–29, ‘‘General permit-to-install Certain other material, such as state rules that adopt different
and general PTIO’’, effective May 29, copyrighted material, is not placed on approaches for RACT for VOCs, states
2014. the Internet and will be publicly must submit their RACT rules to EPA
(Y) Ohio Administrative Code Rule available only in hard copy form. for review and approval as part of the
3745–31–32, ‘‘Plantwide applicability Publicly available docket materials are SIP process.
limit (PAL)’’, effective May 29, 2014. available either electronically through II. Summary of SIP Revision
(Z) May 19, 2014, ‘‘Director’s Final www.regulations.gov or in hard copy for
Findings and Orders’’, signed by Craig The Commonwealth of Pennsylvania
public inspection during normal
W. Butler, Director, Ohio Environmental submitted a SIP revision to EPA on
business hours at the Air Protection
Protection Agency. August 27, 2014 in order to add and
Division, U.S. Environmental Protection
[FR Doc. 2015–15554 Filed 6–24–15; 8:45 am] amend regulations in the Pennsylvania
Agency, Region III, 1650 Arch Street, SIP related to EPA CTGs for offset
BILLING CODE 6560–50–P Philadelphia, Pennsylvania 19103. lithographic and letterpress printing,
Copies of the State submittal are flexible package printing, and
available at the Pennsylvania adhesives, sealants, primers, and
ENVIRONMENTAL PROTECTION Department of Environmental
AGENCY solvents. This SIP submittal includes
Protection, Bureau of Air Quality revisions to the following regulations:
Control, P.O. Box 8468, 400 Market 25 Pa Code 121.1, 129.51 and 129.67
40 CFR Part 52
Street, Harrisburg, Pennsylvania 17105. (relating to definitions; general; and
[EPA–R03–OAR–2015–0166; FRL–9929–39– FOR FURTHER INFORMATION CONTACT: graphic arts systems), as well as 25 Pa
Region 3] Ellen Schmitt, (215) 814–5787, or by Code 129.77 and 130.703 (relating to
email at schmitt.ellen@epa.gov. control of emissions from the use or
Approval and Promulgation of Air
Quality Implementation Plans; SUPPLEMENTARY INFORMATION: application of adhesives, sealants,
Pennsylvania; Adoption of Control primers, and solvents; and exemptions
I. Background
Technique Guidelines for Offset and exceptions). This SIP submittal also
On August 27, 2014, the includes the addition of regulations 25
Lithographic Printing and Letterpress
Commonwealth of Pennsylvania Pa Code 129.67a and 129.67b (relating
Printing; Flexible Package Printing;
through the Pennsylvania Department of to control of VOC emissions from
and Adhesives, Sealants, Primers, and
Environmental Protection (PADEP) flexible packaging printing presses and
Solvents
submitted a SIP revision to EPA in order control of VOC emissions from offset
AGENCY: Environmental Protection to add regulations to the Pennsylvania lithographic printing presses and
Agency (EPA). SIP which essentially adopt EPA CTGs letterpress printing presses).
ACTION: Final rule. for offset lithographic and letterpress On April 13, 2015 (80 FR 19591), EPA
printing, flexible package printing, and published a notice of proposed
SUMMARY: The Environmental Protection adhesives, sealants, primers, and rulemaking (NPR) for the
Agency (EPA) is approving a State solvents. Through this SIP submittal, Commonwealth of Pennsylvania,
Implementation Plan (SIP) revision PADEP asserts that the Commonwealth proposing approval of revisions
submitted by the Commonwealth of meets the requirement to adopt RACT pertaining to control of VOC emissions
Pennsylvania. The revisions pertain to for sources covered by EPA’s CTG from offset lithographic printing and
control of volatile organic compound recommendations for the above letterpress printing, flexible package
(VOC) emissions from offset mentioned categories. printing, and adhesives, sealants,
lithographic printing and letterpress Section 172(c)(1) of the CAA provides primers, and solvents.
printing, flexible package printing, and that SIPs for nonattainment areas must EPA’s review of the new and revised
adhesives, sealants, primers, and include reasonably available control regulations submitted by PADEP
solvents. These revisions also meet the measures (RACM), including RACT, for indicates that the submitted revisions
requirement to adopt Reasonably sources of emissions. EPA defines RACT meet the requirements to adopt RACT
Available Control Technology (RACT) as ‘‘the lowest emission limitation that for sources located in Pennsylvania
for sources covered by EPA’s Control a particular source is capable of meeting covered by EPA’s CTG
Technique Guideline (CTG) by the application of control technology recommendations for control of VOC
recommendations for the following that is reasonably available considering emissions for the following categories:
categories: Offset lithographic printing technological and economic feasibility.’’ Offset lithographic printing and
Lhorne on DSK7TPTVN1PROD with RULES
and letterpress printing, flexible 44 FR 53761 (September 17, 1979). letterpress printing, flexible package
package printing, and adhesives, CTGs are documents issued by EPA printing, and adhesives, sealants,
sealants, primers, and solvents. EPA is that provide state and local air pollution primers, and solvents. More detailed
approving these revisions in accordance control authorities information that information on these provisions as well
with the requirements of the Clean Air should assist them in determining as a detailed summary of EPA’s review
Act (CAA). RACT for VOC emissions from various and rationale for proposing to approve
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Document Created: 2015-12-15 14:17:31
Document Modified: 2015-12-15 14:17:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective August 24, 2015, unless EPA receives adverse comments by July 27, 2015. 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. | |
| Contact | Charmagne Ackerman, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0448, [email protected] | |
| FR Citation | 80 FR 36477 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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