81 FR 11445 - Air Plan Approval; Ohio; Regional Haze Glatfelter BART SIP Revision
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 43 (March 4, 2016)
Federal Register Volume 81, Issue 43 (March 4, 2016)
| Page Range | 11445-11447 | |
| FR Document | 2016-04730 |
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)] [Rules and Regulations] [Pages 11445-11447] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04730] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0362; FRL-9943-29-Region 5] Air Plan Approval; Ohio; Regional Haze Glatfelter BART SIP Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to extend the compliance date for the Best Available Retrofit Technology (BART) emission limits for sulfur dioxide (SO2 ) at the P.H. Glatfelter Company (Glatfelter) facility submitted as part of its State Implementation Plan (SIP) Revision on April 14, 2014. Specifically, EPA is extending the compliance date for the SO2 emission limits applicable to Boilers No. 7 and No. 8 at Glatfelter by 25 months, from December 31, 2014, to January 31, 2017. We have reviewed this SIP revision and concluded that it meets the requirements of the Clean Air Act and the regional haze rule and because BART requirements continue to be met. DATES: This final rule is effective on April 4, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2014-0362. All documents in the docket are listed on the 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 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 Gilberto Alvarez, Environmental Engineer, at (312) 886-6143 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143, [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. What is the background for this action? II. What action is EPA taking? III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is the background for this action? On July 2, 2012, EPA approved Ohio's Regional Haze SIP (77 FR 39177). Ohio's Regional Haze SIP included the applicability of BART to the State's only non-utility BART source, Glatfelter, in Chillicothe, Ohio. The BART requirement specified that two of the coal-fired boilers at this facility, No. 7 and No. 8, install control technology to limit the amount of SO2 emissions from the boilers. The compliance date for BART emission reductions was scheduled to be December 31, 2014. The compliance date was aligned with Glatfelter's expected compliance date for the Industrial Boiler Maximum Achievable Control Technology (MACT) requirements finalized by EPA in May, 2011 (76 FR 28862). On February 6, 2014, Ohio EPA received a request from Glatfelter to extend the original compliance date to January 31, 2017. The extension request [[Page 11446]] is based on the litigation, revision and new compliance date associated with the Industrial Boiler MACT. Under EPA regulations (40 CFR 51.308(3)(1)(iv)), BART is to be implemented ``as expeditiously as practicable, but in no event later than 5 years after approval of the implementation plan revision.'' The required compliance date is July 2, 2017. This rulemaking addresses an April 14, 2014, submission supplemented on July 27, 2015, from the Ohio EPA to extend the compliance date from December 31, 2014, to January 31, 2017. One of the requests within the April 14, 2014, SIP revision includes ``the requirement that P.H. Glatfelter submit an application for modification of the federally enforceable permit (that will include a compliance date outlining, at a minimum, the specific, selected control technologies and methods of compliance) from December 31, 2013, to requiring the submittal provide for sufficient time for Ohio EPA to include these requirements, along with any appropriate monitoring, record keeping and reporting requirements, in the federally enforceable permit by no later than January 31, 2017.'' Ohio EPA supplemented its original submittal on July 27, 2015, with a revised federally enforceable permit for Glatfelter that included the new compliance date. Ohio EPA made the federally enforceable permit available for public comment on June 6, 2015, and comments were accepted through July 7, 2015. The Ohio EPA consulted the Federal Land Managers and included them in the public comment process. Two comments were received and those comments, along with Ohio EPA's responses were included in the July 27, 2015, submittal. II. What action is EPA taking? The CAA and the Regional Haze Rule require BART controls to be installed as expeditiously as practicable, but in no event later than five years after approval of the Regional Haze implementation plan revision. The proposed rulemaking associated with this final action was published on December 9, 2015 (236 FR 76403), and EPA received no comments during the comment period, which ended on January 8, 2016. EPA is therefore taking final action to approve, as proposed, Ohio's submission. III. Final Action EPA is approving a revision to the Ohio SIP submitted by the State of Ohio on April 14, 2014, supplemented on July 27, 2015, related to BART requirements for Glatfelter. Specifically, EPA is extending the compliance date for the SO2 emission limits applicable to Boilers No. 7 and No. 8 at Glatfelter by 25 months from December 31, 2014, to January 31, 2017. IV. 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 permit 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). V. 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 CAA; 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 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 May 3, 2016. 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, Sulfur oxides. Dated: February 22, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: [[Page 11447]] 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 (d) is amended by revising the entry for ``P.H. Glatfelter Co.--Chillicothe'' to read as follows: Sec. 52.1870 Identification of plan. * * * * * (d) * * * EPA-Approved Ohio Source-Specific Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- Ohio effective Name of source Number date EPA approval date Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * P.H. Glatfelter Co.--Chillicothe.. P0118907............. 07/20/15 03/04/16, [Insert Federal Register Regional haze BART emissions limits. citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-04730 Filed 3-3-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11445
practicable and legally permissible AUTHORITY: 42.U.S.C. 7401 et seq. the www.regulations.gov Web site.
methods, under Executive Order 12898 Although listed in the index, some
(59 FR 7629, February 16, 1994). Subpart L—Georgia information is not publicly available,
The SIP is not approved to apply on i.e., Confidential Business Information
any Indian reservation land or in any ■ 2. Amend § 52.572 by designating the
(CBI) or other information whose
other area where EPA or an Indian tribe existing undesignated paragraph as
disclosure is restricted by statute.
has demonstrated that a tribe has paragraph (a) and adding paragraph (b)
Certain other material, such as
jurisdiction. In those areas of Indian to read as follows:
copyrighted material, is not placed on
country, the rule does not have tribal § 52.572 Approval status. the Internet and will be publicly
implications as specified by Executive * * * * * available only in hard copy form.
Order 13175 (65 FR 67249, November 9, (b) Disapproval. Submittal from the Publicly available docket materials are
2000), nor will it impose substantial State of Georgia, through the Georgia’s available either electronically through
direct costs on tribal governments or www.regulations.gov or in hard copy at
Department of Natural Resources
preempt tribal law. the Environmental Protection Agency,
Environmental Protection Division
The Congressional Review Act, 5 Region 5, Air and Radiation Division, 77
U.S.C. 801 et seq., as added by the Small (EPD) on January 13, 2011, that would
allow for the automatic rescission of West Jackson Boulevard, Chicago,
Business Regulatory Enforcement Illinois 60604. This facility is open from
Fairness Act of 1996, generally provides federal permitting-related requirements
in certain circumstances. EPA is 8:30 a.m. to 4:30 p.m., Monday through
that before a rule may take effect, the Friday, excluding Federal holidays. We
agency promulgating the rule must disapproving a portion of the SIP
submittal related to a provision (at 391– recommend that you telephone Gilberto
submit a rule report, which includes a Alvarez, Environmental Engineer, at
copy of the rule, to each House of the 3–1–.02(7)(a)(2)(iv)) that would
automatically rescind portions of (312) 886–6143 before visiting the
Congress and to the Comptroller General Region 5 office.
of the United States. EPA will submit a Georgia’s State Implementation Plan in
the wake of certain court decisions or FOR FURTHER INFORMATION CONTACT:
report containing this action and other
required information to the U.S. Senate, other triggering events (the automatic Gilberto Alvarez, Environmental
the U.S. House of Representatives, and rescission clause). Scientist, Attainment Planning and
the Comptroller General of the United [FR Doc. 2016–04746 Filed 3–3–16; 8:45 am] Maintenance Section, Air Programs
States prior to publication of the rule in BILLING CODE 6560–50–P
Branch (AR–18J), Environmental
the Federal Register. A major rule Protection Agency, Region 5, 77 West
cannot take effect until 60 days after it Jackson Boulevard, Chicago, Illinois
is published in the Federal Register. ENVIRONMENTAL PROTECTION 60604, (312) 886–6143,
This action is not a ‘‘major rule’’ as AGENCY alvarez.gilberto@epa.gov.
defined by 5 U.S.C. 804(2). SUPPLEMENTARY INFORMATION:
Under section 307(b)(1) of the CAA, 40 CFR Part 52 Throughout this document whenever
petitions for judicial review of this [EPA–R05–OAR–2014–0362; FRL–9943–29– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
action must be filed in the United States Region 5] EPA. This supplementary information
Court of Appeals for the appropriate section is arranged as follows:
circuit by May 3, 2016. Filing a petition Air Plan Approval; Ohio; Regional I. What is the background for this action?
for reconsideration by the Administrator Haze Glatfelter BART SIP Revision II. What action is EPA taking?
of this final rule does not affect the III. Final Action
AGENCY: Environmental Protection
finality of this action for the purposes of IV. Incorporation by Reference
Agency (EPA).
judicial review nor does it extend the V. Statutory and Executive Order Reviews
time within which a petition for judicial ACTION: Final rule.
I. What is the background for this
review may be filed, and shall not
SUMMARY: The Environmental Protection action?
postpone the effectiveness of such rule
Agency (EPA) is taking final action to On July 2, 2012, EPA approved Ohio’s
or action. This action may not be
extend the compliance date for the Best Regional Haze SIP (77 FR 39177). Ohio’s
challenged later in proceedings to
Available Retrofit Technology (BART) Regional Haze SIP included the
enforce its requirements. See section
emission limits for sulfur dioxide (SO2) applicability of BART to the State’s only
307(b)(2).
at the P.H. Glatfelter Company non-utility BART source, Glatfelter, in
List of Subjects in 40 CFR Part 52 (Glatfelter) facility submitted as part of Chillicothe, Ohio. The BART
Environmental protection, Air its State Implementation Plan (SIP) requirement specified that two of the
pollution control, Greenhouse gases, Revision on April 14, 2014. Specifically, coal-fired boilers at this facility, No. 7
Incorporation by reference, EPA is extending the compliance date and No. 8, install control technology to
Intergovernmental relations, Particulate for the SO2 emission limits applicable to limit the amount of SO2 emissions from
matter, Reporting and recordkeeping Boilers No. 7 and No. 8 at Glatfelter by the boilers. The compliance date for
requirements. 25 months, from December 31, 2014, to BART emission reductions was
January 31, 2017. We have reviewed this scheduled to be December 31, 2014. The
Dated: February 23, 2016.
SIP revision and concluded that it meets compliance date was aligned with
Heather McTeer Toney,
the requirements of the Clean Air Act Glatfelter’s expected compliance date
Regional Administrator, Region 4. and the regional haze rule and because for the Industrial Boiler Maximum
40 CFR part 52 is amended as follows:
jstallworth on DSK7TPTVN1PROD with RULES
BART requirements continue to be met. Achievable Control Technology (MACT)
DATES: This final rule is effective on requirements finalized by EPA in May,
PART 52—APPROVAL AND
April 4, 2016. 2011 (76 FR 28862).
PROMULGATION OF
IMPLEMENTATION PLANS ADDRESSES: EPA has established a On February 6, 2014, Ohio EPA
docket for this action under Docket ID received a request from Glatfelter to
■ 1. The authority citation for part 52 No. EPA–R05–OAR–2014–0362. All extend the original compliance date to
continues to read as follows: documents in the docket are listed on January 31, 2017. The extension request
VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\04MRR1.SGM 04MRR1](https://thefederalregister.org/doc/81_FR_11488/page/1.svg)
![Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11447
PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.1870 Identification of plan.
PROMULGATION OF * * * * *
■ 2. In § 52.1870, the table in paragraph
IMPLEMENTATION PLANS (d) * * *
(d) is amended by revising the entry for
■ 1. The authority citation for part 52 ‘‘P.H. Glatfelter Co.—Chillicothe’’ to
continues to read as follows: read as follows:
EPA-APPROVED OHIO SOURCE-SPECIFIC PROVISIONS
Ohio effective
Name of source Number EPA approval date Comments
date
* * * * * * *
P.H. Glatfelter Co.—Chillicothe ... P0118907 .................................... 07/20/15 03/04/16, [Insert Federal Regional haze BART
Register citation]. emissions limits.
* * * * * * *
* * * * * SUMMARY: This document corrects Medicaid EHR Incentive Programs. In
[FR Doc. 2016–04730 Filed 3–3–16; 8:45 am] certain technical and typographical addition, it established the requirements
BILLING CODE 6560–50–P errors that appeared in the October 16, for Stage 3 of the program as optional
2015 final rule with comment period in 2017 and required for all participants
titled ‘‘Medicare and Medicaid beginning in 2018. The final rule with
DEPARTMENT OF HEALTH AND Programs; Electronic Health Record comment period continues to encourage
HUMAN SERVICES Incentive Program—Stage 3 and the electronic submission of clinical
Modifications to Meaningful Use in quality measure (CQM) data, establishes
Centers for Medicare & Medicaid 2015 through 2017.’’ requirements to transition the program
Services DATES: This document is effective on to a single stage, and aligns reporting for
March 4, 2016. providers in the Medicare and Medicaid
42 CFR Part 435 EHR Incentive Programs.
FOR FURTHER INFORMATION CONTACT:
Eligibility in the States, District of Kateisha Martin, (410) 786–4651. II. Summary of Errors
Columbia, the Northern Mariana SUPPLEMENTARY INFORMATION:
A. Summary of Errors in the Preamble
Islands, and American Samoa I. Background On page 62767, in our discussion of
CFR Correction In FR Doc. 2015–25595 of October 16, certified EHR technology requirements
In Title 42 of the Code of Federal 2015 (80 FR 62762), in the final rule for the EHR Incentive Program, we made
Regulations, Parts 430 to 481, revised as with comment period titled ‘‘Medicare a typographical error in the word ‘‘use’’
of October 1, 2015, on page 161, in and Medicaid Programs; Electronic in the sentence specifying that providers
§ 435.301, in paragraph (b)(2)(iii), Health Record Incentive Program—Stage may continue to use technology
remove the term ‘‘425.330.320’’ and add 3 and Modifications to Meaningful Use certified to the 2014 Edition until EHR
the term ‘‘425.320’’ in its place. in 2015 through 2017’’ (hereafter technology certified to the 2015 Edition
[FR Doc. 2016–04872 Filed 3–3–16; 8:45 am]
referred to as the ‘‘2015 EHR Incentive is required with an EHR reporting
Programs final rule with comment period beginning in 2018.
BILLING CODE 1505–01–D
period’’), there were a number of On page 62801, in our response to the
technical errors that are identified and public comment regarding ‘‘Objective 4:
DEPARTMENT OF HEALTH AND corrected in this correcting amendment. Electronic Prescribing’’ we made a
HUMAN SERVICES The provisions in this document are typographical error in the word
treated as if they had been included in ‘‘distinguish’’ in the sentence specifying
Centers for Medicare & Medicaid the 2015 EHR Incentive Programs final that we will no longer distinguish
Services rule with comment period. between prescriptions for controlled
In the 2015 EHR Incentive Programs substances.
42 CFR Part 495 final rule with comment period, we On page 62806, in our response to a
specified the requirements that eligible public comment regarding ‘‘Objective 4:
[CMS–3310 & 3311–F2] professionals (EPs), eligible hospitals, Electronic Prescribing’’ and the
RINs 0938–AS26 and AS58 and critical access hospitals (CAHs) pathways acceptable for transmitting
must meet in order to participate in the Summary of Care records, we
Medicare and Medicaid Programs; Medicare and Medicaid EHR Incentive inadvertently omitted the word ‘‘have’’
Electronic Health Record Initiative Programs and successfully demonstrate in the sentence specifying that to count
Program—Stage 3 and Modifications to meaningful use of certified EHR in the numerator the sending provider
Meaningful Use in 2015 Through 2017; technology. In addition, it changed the must have reasonable certainty of
jstallworth on DSK7TPTVN1PROD with RULES
Corrections and Correcting Medicare and Medicaid EHR Incentive receipt of the summary of care
Amendment Programs reporting period in 2015 to a document. In addition, there is
AGENCY: Centers for Medicare & 90-day period aligned with the calendar typographical error and the word
Medicaid Services (CMS), HHS. year. It also removed reporting ‘‘obtain’’ was omitted causing an
requirements on measures that have incomplete sentence which reads
ACTION: Final rule; corrections and
become redundant, duplicative, or ‘‘Instead, r the referring provider must
correcting amendment.
topped out from the Medicare and confirmation’’. This sentence is
VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\04MRR1.SGM 04MRR1](https://thefederalregister.org/doc/81_FR_11488/page/3.svg)
Document Created: 2018-02-02 15:05:50
Document Modified: 2018-02-02 15:05:50
| 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 | Final rule. | |
| Dates | This final rule is effective on April 4, 2016. | |
| Contact | Gilberto Alvarez, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143, [email protected] | |
| FR Citation | 81 FR 11445 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Sulfur Oxides |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR