83_FR_21810 83 FR 21719 - Air Plan Approval; Ohio; Regional Haze Plan and Prong 4 (Visibility) for the 2006 and 2012 PM2.5

83 FR 21719 - Air Plan Approval; Ohio; Regional Haze Plan and Prong 4 (Visibility) for the 2006 and 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 91 (May 10, 2018)

Page Range21719-21722
FR Document2018-09651

The Environmental Protection Agency (EPA) is taking the following five actions: Approving the portion of Ohio's November 30, 2016 State Implementation Plan (SIP) submittal seeking to change from reliance on the Clean Air Interstate Rule (CAIR) to reliance on Cross-State Air Pollution Rule (CSAPR) for certain regional haze requirements; converting EPA's limited approval/limited disapproval of Ohio's March 11, 2011 regional haze SIP to a full approval; withdrawing the Federal Implementation Plan (FIP) provisions that address the limited disapproval; approving the visibility prong of Ohio's infrastructure SIP submittals for the 2012 annual and 2006 24-hour fine particulate matter (PM<INF>2.5</INF>), 2010 nitrogen dioxide (NO<INF>2</INF>), and 2010 sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS); and converting EPA's disapproval of the visibility portion of Ohio's infrastructure SIP submittal for the 2008 ozone NAAQS to an approval.

Federal Register, Volume 83 Issue 91 (Thursday, May 10, 2018)
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21719-21722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09651]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0759; FRL-9977-69--Region 5]


Air Plan Approval; Ohio; Regional Haze Plan and Prong 4 
(Visibility) for the 2006 and 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 
Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking the 
following five actions: Approving the portion of Ohio's November 30, 
2016 State Implementation Plan (SIP) submittal seeking to change from 
reliance on the

[[Page 21720]]

Clean Air Interstate Rule (CAIR) to reliance on Cross-State Air 
Pollution Rule (CSAPR) for certain regional haze requirements; 
converting EPA's limited approval/limited disapproval of Ohio's March 
11, 2011 regional haze SIP to a full approval; withdrawing the Federal 
Implementation Plan (FIP) provisions that address the limited 
disapproval; approving the visibility prong of Ohio's infrastructure 
SIP submittals for the 2012 annual and 2006 24-hour fine particulate 
matter (PM2.5), 2010 nitrogen dioxide (NO2), and 
2010 sulfur dioxide (SO2) National Ambient Air Quality 
Standards (NAAQS); and converting EPA's disapproval of the visibility 
portion of Ohio's infrastructure SIP submittal for the 2008 ozone NAAQS 
to an approval.

DATES: This final rule is effective on June 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0759. All documents in the docket are listed on 
the www.regulations.gov 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 www.regulations.gov 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. We recommend 
that you telephone Michelle Becker, Life Scientist, at (312) 886-3901 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
becker.michelle@epa.gov.

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. Statutory and Executive Order Reviews

I. Background

    Ohio submitted infrastructure SIPs for the following NAAQS: 2006 
24-hour PM2.5 (September 4, 2009); 2012 annual 
PM2.5 (December 4, 2015); 2010 NO2 (February 8 
and 25, 2013); 2010 SO2 (June 7, 2013); and 2008 ozone 
(December 27, 2012), which relied on the State having a fully approved 
regional haze SIP to satisfy its prong 4 requirements. However, EPA had 
not fully approved Ohio's regional haze SIP, as the Agency issued a 
limited disapproval of the State's original regional haze plan on June 
7, 2012, due to the plan's reliance on CAIR. To correct the 
deficiencies in its regional haze SIP and obtain approval of the 
aforementioned infrastructure SIPs that rely on the regional haze SIP, 
the State submitted a SIP revision on November 30, 2016, to replace 
reliance on CAIR with reliance on CSAPR.
    Ohio has corrected the deficiencies that led to EPA's limited 
approval/limited disapproval of the State's regional haze SIP. 
Accordingly, EPA is approving the regional haze portion of the State's 
November 30, 2016 SIP revision and converting EPA's previous action on 
Ohio's regional haze SIP from a limited approval/limited disapproval to 
a full approval. Specifically, EPA finds that this portion of Ohio's 
November 30, 2016, SIP revision satisfies the SO2 and 
NOX BART requirements and SO2 reasonable progress 
requirements for EGUs formerly subject to CAIR. With the approval of 
Ohio's regional haze SIP revision, the State's SIP now provides for the 
measures needed to ensure that its emissions do not interfere with 
measures required to be included in other states' plans to protect 
visibility. Therefore, EPA is also approving the prong 4 portion of 
Ohio's 2006 24-hour PM2.5 submission, 2012 annual 
PM2.5 submission, 2010 NO2 submissions, and 2010 
SO2 submission; as well as converting EPA's disapproval of 
the prong 4 portions of Ohio's 2008 ozone infrastructure submission to 
an approval. On September 29, 2017 (82 FR 45481), EPA published a final 
rule affirming the continued validity of the Agency's 2012 
determination that participation in CSAPR meets the Regional Haze 
Rule's criteria for an alternative to the application of source 
specific BART. In line with this affirmation, EPA is approving Ohio's 
regional haze and prong 4 submissions described above.
    On December 21, 2017 (82 FR 60572), EPA published a notice of 
proposed rulemaking (NPR) proposing approval of Ohio's November 30, 
2016 SIP revision allowing for the full approval of Ohio's Regional 
Haze SIP, the removal of the Regional Haze FIP, and the approval of 
prong 4 elements.
    The specific details of Ohio's November 30, 2016 SIP revision and 
the rationale for EPA's approval are discussed in the NPR and will not 
be restated here. EPA received three comments on the proposed action, 
none were relevant to the rulemaking.

II. What action is EPA taking?

    EPA is taking the following actions: (1) Approving the portion of 
Ohio's November 30, 2016 SIP submittal seeking to change from reliance 
on CAIR to reliance on CSAPR for certain regional haze requirements; 
(2) converting EPA's limited approval/limited disapproval of Ohio's 
March 11, 2011 regional haze SIP to a full approval; (3) withdrawing 
the FIP provisions that address the limited disapproval; (4) approving 
the visibility prong of Ohio's infrastructure SIP submittals for the 
2006 and 2012 PM2.5, 2010 NO2, and 2010 
SO2 NAAQS; and (5) converting EPA's disapproval of the 
visibility portion of Ohio's infrastructure SIP submittal for the 2008 
ozone NAAQS to an approval. EPA is also making some consistency and 
clarifying edits to Ohio's infrastructure SIP table in 40 CFR 52.1870 
for submittals not affected by today's action.

III. Statutory and Executive Order Reviews

A. Executive Orders 12866 and 13563: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities.

[[Page 21721]]

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. There are no Indian reservation lands in Ohio. 
Thus, Executive Order 13175 does not apply to this rule.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. Therefore, 
the EPA is not considering the use of any voluntary consensus 
standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

M. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability.

N. Judicial Review

    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 July 9, 2018. 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 CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur 
oxides, Visibility, Volatile organic compounds.

    Dated: April 30, 2018.
E. Scott Pruitt,
EPA Administrator.

    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 (e) is amended by revising 
the entries under the headings ``Infrastructure Requirements'' and 
``Visibility Protection'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                        EPA--Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                 Applicable geographical or
             Title                   non-attainment area        State date      EPA approval        Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)               Statewide...................       12/5/2007  7/13/2011, 76 FR  Fully approved
 infrastructure requirements                                                   41075.            for all CAA
 for the 1997 8-hour ozone                                                                       elements except
 NAAQS.                                                                                          110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been remedied
                                                                                                 with a FIP.
Section 110(a)(2)               Statewide...................       12/5/2007  7/13/2011, 76 FR  Fully approved
 infrastructure requirements                                                   41075.            for all CAA
 for the 1997 PM2.5 NAAQS.                                                                       elements except
                                                                                                 110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been remedied
                                                                                                 with a FIP.
Section 110(a)(2)               Statewide...................        9/4/2009  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2006 PM2.5 NAAQS.                                                     Register          elements except
                                                                               citation].        110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been
                                                                                                 disapproved and
                                                                                                 remedied with a
                                                                                                 FIP.

[[Page 21722]]

 
Section 110(a)(2)               Statewide...................      10/12/2011  10/6/2014, 79 FR  Fully approved
 infrastructure requirements                                                   60075.            for all CAA
 for the 2008 lead NAAQS.                                                                        elements.
Section 110(a)(2)               Statewide...................      12/27/2012  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2008 ozone NAAQS.                                                     Register          elements except
                                                                               citation].        110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been
                                                                                                 disapproved and
                                                                                                 remedied with a
                                                                                                 FIP.
Section 110(a)(2)               Statewide...................        2/8/2013  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2010 NO2 NAAQS.                                                       Register          elements.
                                                                               citation].
Section 110(a)(2)               Statewide...................        6/7/2013  5/10/2018,        No action has
 infrastructure requirements                                                   [Insert Federal   been taken on
 for the 2010 SO2 NAAQS.                                                       Register          110(a)(2)(D)(I)
                                                                               citation].        . All other CAA
                                                                                                 elements have
                                                                                                 been approved.
Section 110(a)(2)(D)            Statewide...................       12/4/2015  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2012 PM2.5 NAAQS.                                                     Register          elements.
                                                                               citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Visibility Protection
----------------------------------------------------------------------------------------------------------------
Regional Haze Plan............  Statewide...................      11/30/2016  5/10/2018,        Full Approval.
                                                                               [Insert Federal
                                                                               Register
                                                                               citation].
Regional Haze Five-Year         Statewide...................       3/11/2016  12/21/2017, 82    ................
 Progress Report.                                                              FR 60543.
----------------------------------------------------------------------------------------------------------------

Sec.  52.1886   [Removed and Reserved]

0
3. Section 52.1886 is removed and reserved.

[FR Doc. 2018-09651 Filed 5-9-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations                                               21719

                                             wish to comment on actions by                           individually or cumulatively have a                   warrant, or petty officer designated by
                                             employees of the Coast Guard, call 1–                   significant effect on the human                       the Captain of the Port North Carolina
                                             888–REG–FAIR (1–888–734–3247). The                      environment. This rule involves a safety              (COTP) for the enforcement of the safety
                                             Coast Guard will not retaliate against                  zone lasting for two hours on 33                      zone.
                                             small entities that question or complain                separate days that would prohibit entry                 (c) Regulations. (1) The general
                                             about this rule or any policy or action                 into a portion of Oregon Inlet for bridge             regulations governing safety zones in
                                             of the Coast Guard.                                     construction. It is categorically excluded            § 165.23 apply to the area described in
                                                                                                     from further review under paragraph                   paragraph (a) of this section.
                                             C. Collection of Information
                                                                                                     L60(a) of Appendix A, Table 1 of DHS                    (2) With the exception of construction
                                               This rule will not call for a new                     Instruction Manual 023–01–001–01,                     crews, entry into or remaining in this
                                             collection of information under the                     Rev. 01. A Record of Environmental                    safety zone is prohibited.
                                             Paperwork Reduction Act of 1995 (44                     Consideration supporting this                           (3) All vessels within this safety zone
                                             U.S.C. 3501–3520).                                      determination is available in the docket              when this section becomes effective
                                             D. Federalism and Indian Tribal                         where indicated under ADDRESSES.                      must depart the zone immediately.
                                             Governments                                                                                                     (4) The Captain of the Port, North
                                                                                                     G. Protest Activities
                                                                                                                                                           Carolina can be reached through the
                                                A rule has implications for federalism                 The Coast Guard respects the First                  Coast Guard Sector North Carolina
                                             under Executive Order 13132,                            Amendment rights of protesters.                       Command Duty Officer, Wilmington,
                                             Federalism, if it has a substantial direct              Protesters are asked to contact the                   North Carolina at telephone number
                                             effect on the States, on the relationship               person listed in the FOR FURTHER                      910–343–3882.
                                             between the national government and                     INFORMATION CONTACT section to                          (5) The Coast Guard and designated
                                             the States, or on the distribution of                   coordinate protest activities so that your            security vessels enforcing the safety
                                             power and responsibilities among the                    message can be received without                       zone can be contacted on VHF–FM
                                             various levels of government. We have                   jeopardizing the safety or security of                marine band radio channel 13 (165.65
                                             analyzed this rule under that Order and                 people, places or vessels.                            MHz) and channel 16 (156.8 MHz).
                                             have determined that it is consistent                                                                           (d) Enforcement. The U.S. Coast
                                             with the fundamental federalism                         List of Subjects in 33 CFR Part 165
                                                                                                                                                           Guard may be assisted in the patrol and
                                             principles and preemption requirements                    Harbors, Marine safety, Navigation                  enforcement of the safety zone by
                                             described in Executive Order 13132.                     (water), Reporting and recordkeeping                  Federal, State, and local agencies.
                                                Also, this rule does not have tribal                 requirements, Security measures,                        (e) Enforcement period. This
                                             implications under Executive Order                      Waterways.                                            regulation will be enforced from May 4
                                             13175, Consultation and Coordination                      For the reasons discussed in the                    through June 15, 2018.
                                             with Indian Tribal Governments,                         preamble, the Coast Guard amends 33                     (f) Public notification. The Coast
                                             because it does not have a substantial                  CFR part 165 as follows:                              Guard will notify the public of the
                                             direct effect on one or more Indian                                                                           specific two hour closures at least 48
                                             tribes, on the relationship between the                 PART 165—REGULATED NAVIGATION                         hours in advance by transmitting
                                             Federal Government and Indian tribes,                   AREAS AND LIMITED ACCESS AREAS                        Broadcast Notice to Mariners via VHF–
                                             or on the distribution of power and                                                                           FM marine channel 16.
                                             responsibilities between the Federal                    ■ 1. The authority citation for part 165
                                             Government and Indian tribes. If you                    continues to read as follows:                           Dated: May 4, 2018.
                                             believe this rule has implications for                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Bion B. Stewart,
                                             federalism or Indian tribes, please                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Captain, U.S. Coast Guard, Captain of the
                                             contact the person listed in the FOR                    Department of Homeland Security Delegation            Port North Carolina.
                                             FURTHER INFORMATION CONTACT section.                    No. 0170.1.                                           [FR Doc. 2018–09958 Filed 5–9–18; 8:45 am]

                                             E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T05–0964 to read as                    BILLING CODE 9110–04–P
                                                                                                     follows:
                                               The Unfunded Mandates Reform Act
                                             of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T05–0964 Safety Zone; Oregon Inlet,             ENVIRONMENTAL PROTECTION
                                             Federal agencies to assess the effects of               Dare County, NC.
                                                                                                                                                           AGENCY
                                             their discretionary regulatory actions. In                (a) Location. The following area is a
                                             particular, the Act addresses actions                   safety zone: All navigable waters of                  40 CFR Part 52
                                             that may result in the expenditure by a                 Oregon Inlet, from approximate position
                                                                                                                                                           [EPA–R05–OAR–2016–0759; FRL–9977–
                                             State, local, or tribal government, in the              35°46′23″ N, 75°32′18″ W, thence
                                                                                                                                                           69—Region 5]
                                             aggregate, or by the private sector of                  southeast to 35°46′18″ N, 75°32′12″ W,
                                             $100,000,000 (adjusted for inflation) or                thence southwest to 35°46′16″ N,                      Air Plan Approval; Ohio; Regional
                                             more in any one year. Though this rule                  75°32′16″ W, thence northwest to                      Haze Plan and Prong 4 (Visibility) for
                                             will not result in such an expenditure,                 35°46′20″ N, 75°32′23″ W, thence                      the 2006 and 2012 PM2.5, 2010 NO2,
                                             we do discuss the effects of this rule                  northeast back to the point of origin                 2010 SO2, and 2008 Ozone NAAQS
                                             elsewhere in this preamble.                             (NAD 1983) in Dare County, NC.
                                                                                                       (b) Definitions. As used in this                    AGENCY:  Environmental Protection
                                             F. Environment                                                                                                Agency (EPA).
                                                                                                     section—
                                               We have analyzed this rule under                        Captain of the Port means the                       ACTION: Final rule.
                                             Department of Homeland Security
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Commander, Sector North Carolina.
                                             Directive 023–01, which guides the                        Construction crews means persons                    SUMMARY:   The Environmental Protection
                                             Coast Guard in complying with the                       and vessels involved in support of                    Agency (EPA) is taking the following
                                             National Environmental Policy Act of                    construction.                                         five actions: Approving the portion of
                                             1969 (42 U.S.C. 4321–4370f), and have                     Designated representative means a                   Ohio’s November 30, 2016 State
                                             determined that this action is one of a                 Coast Guard Patrol Commander,                         Implementation Plan (SIP) submittal
                                             category of actions that do not                         including a Coast Guard commissioned,                 seeking to change from reliance on the


                                        VerDate Sep<11>2014   15:51 May 09, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\10MYR1.SGM   10MYR1


                                             21720               Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations

                                             Clean Air Interstate Rule (CAIR) to                     PM2.5 (September 4, 2009); 2012 annual                  The specific details of Ohio’s
                                             reliance on Cross-State Air Pollution                   PM2.5 (December 4, 2015); 2010 NO2                    November 30, 2016 SIP revision and the
                                             Rule (CSAPR) for certain regional haze                  (February 8 and 25, 2013); 2010 SO2                   rationale for EPA’s approval are
                                             requirements; converting EPA’s limited                  (June 7, 2013); and 2008 ozone                        discussed in the NPR and will not be
                                             approval/limited disapproval of Ohio’s                  (December 27, 2012), which relied on                  restated here. EPA received three
                                             March 11, 2011 regional haze SIP to a                   the State having a fully approved                     comments on the proposed action, none
                                             full approval; withdrawing the Federal                  regional haze SIP to satisfy its prong 4              were relevant to the rulemaking.
                                             Implementation Plan (FIP) provisions                    requirements. However, EPA had not
                                             that address the limited disapproval;                   fully approved Ohio’s regional haze SIP,              II. What action is EPA taking?
                                             approving the visibility prong of Ohio’s                as the Agency issued a limited                          EPA is taking the following actions:
                                             infrastructure SIP submittals for the                   disapproval of the State’s original                   (1) Approving the portion of Ohio’s
                                             2012 annual and 2006 24-hour fine                       regional haze plan on June 7, 2012, due               November 30, 2016 SIP submittal
                                             particulate matter (PM2.5), 2010 nitrogen               to the plan’s reliance on CAIR. To                    seeking to change from reliance on CAIR
                                             dioxide (NO2), and 2010 sulfur dioxide                  correct the deficiencies in its regional              to reliance on CSAPR for certain
                                             (SO2) National Ambient Air Quality                      haze SIP and obtain approval of the                   regional haze requirements; (2)
                                             Standards (NAAQS); and converting                       aforementioned infrastructure SIPs that               converting EPA’s limited approval/
                                             EPA’s disapproval of the visibility                     rely on the regional haze SIP, the State              limited disapproval of Ohio’s March 11,
                                             portion of Ohio’s infrastructure SIP                    submitted a SIP revision on November                  2011 regional haze SIP to a full
                                             submittal for the 2008 ozone NAAQS to                   30, 2016, to replace reliance on CAIR                 approval; (3) withdrawing the FIP
                                             an approval.                                            with reliance on CSAPR.                               provisions that address the limited
                                             DATES: This final rule is effective on                     Ohio has corrected the deficiencies                disapproval; (4) approving the visibility
                                             June 11, 2018.                                          that led to EPA’s limited approval/                   prong of Ohio’s infrastructure SIP
                                             ADDRESSES: EPA has established a
                                                                                                     limited disapproval of the State’s                    submittals for the 2006 and 2012 PM2.5,
                                             docket for this action under Docket ID                  regional haze SIP. Accordingly, EPA is                2010 NO2, and 2010 SO2 NAAQS; and
                                             No. EPA–R05–OAR–2016–0759. All                          approving the regional haze portion of
                                                                                                                                                           (5) converting EPA’s disapproval of the
                                             documents in the docket are listed on                   the State’s November 30, 2016 SIP
                                                                                                                                                           visibility portion of Ohio’s
                                             the www.regulations.gov website.                        revision and converting EPA’s previous
                                                                                                                                                           infrastructure SIP submittal for the 2008
                                                                                                     action on Ohio’s regional haze SIP from
                                             Although listed in the index, some                                                                            ozone NAAQS to an approval. EPA is
                                                                                                     a limited approval/limited disapproval
                                             information is not publicly available,                                                                        also making some consistency and
                                                                                                     to a full approval. Specifically, EPA
                                             i.e., Confidential Business Information                                                                       clarifying edits to Ohio’s infrastructure
                                                                                                     finds that this portion of Ohio’s
                                             (CBI) or other information whose                                                                              SIP table in 40 CFR 52.1870 for
                                                                                                     November 30, 2016, SIP revision
                                             disclosure is restricted by statute.                                                                          submittals not affected by today’s
                                                                                                     satisfies the SO2 and NOX BART
                                             Certain other material, such as                                                                               action.
                                                                                                     requirements and SO2 reasonable
                                             copyrighted material, is not placed on
                                                                                                     progress requirements for EGUs                        III. Statutory and Executive Order
                                             the internet and will be publicly
                                                                                                     formerly subject to CAIR. With the                    Reviews
                                             available only in hard copy form.
                                                                                                     approval of Ohio’s regional haze SIP
                                             Publicly available docket materials are                 revision, the State’s SIP now provides                A. Executive Orders 12866 and 13563:
                                             available either through                                for the measures needed to ensure that                Regulatory Planning and Review
                                             www.regulations.gov or at the                           its emissions do not interfere with
                                             Environmental Protection Agency,                                                                                This action is not a ‘‘significant
                                                                                                     measures required to be included in                   regulatory action’’ under the terms of
                                             Region 5, Air and Radiation Division, 77                other states’ plans to protect visibility.
                                             West Jackson Boulevard, Chicago,                                                                              Executive Order 12866 (58 FR 51735,
                                                                                                     Therefore, EPA is also approving the                  October 4, 1993) and is therefore not
                                             Illinois 60604. This facility is open from              prong 4 portion of Ohio’s 2006 24-hour
                                             8:30 a.m. to 4:30 p.m., Monday through                                                                        subject to review under Executive
                                                                                                     PM2.5 submission, 2012 annual PM2.5                   Orders 12866 and 13563 (76 FR 3821,
                                             Friday, excluding Federal holidays. We                  submission, 2010 NO2 submissions, and
                                             recommend that you telephone Michelle                                                                         January 21, 2011).
                                                                                                     2010 SO2 submission; as well as
                                             Becker, Life Scientist, at (312) 886–3901               converting EPA’s disapproval of the                   B. Executive Order 13771: Reducing
                                             before visiting the Region 5 office.                    prong 4 portions of Ohio’s 2008 ozone                 Regulations and Controlling Regulatory
                                             FOR FURTHER INFORMATION CONTACT:                        infrastructure submission to an                       Costs
                                             Michelle Becker, Life Scientist,                        approval. On September 29, 2017 (82 FR
                                             Attainment Planning and Maintenance                                                                             This action is not an Executive Order
                                                                                                     45481), EPA published a final rule
                                             Section, Air Programs Branch (AR–18J),                                                                        13771 regulatory action because this
                                                                                                     affirming the continued validity of the
                                             Environmental Protection Agency,                                                                              action is not significant under Executive
                                                                                                     Agency’s 2012 determination that
                                             Region 5, 77 West Jackson Boulevard,                                                                          Order 12866.
                                                                                                     participation in CSAPR meets the
                                             Chicago, Illinois 60604, (312) 886–3901,                Regional Haze Rule’s criteria for an                  C. Paperwork Reduction Act
                                             becker.michelle@epa.gov.                                alternative to the application of source
                                             SUPPLEMENTARY INFORMATION:                              specific BART. In line with this                        This action does not impose an
                                             Throughout this document whenever                       affirmation, EPA is approving Ohio’s                  information collection burden under the
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             regional haze and prong 4 submissions                 provisions of the Paperwork Reduction
                                             EPA. This supplementary information                     described above.                                      Act, 44 U.S.C. 3501 et seq.
                                             section is arranged as follows:                            On December 21, 2017 (82 FR 60572),                D. Regulatory Flexibility Act (RFA)
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                                             I. Background
                                                                                                     EPA published a notice of proposed
                                             II. What action is EPA taking?                          rulemaking (NPR) proposing approval of                   I certify that this action will not have
                                             III. Statutory and Executive Order Reviews              Ohio’s November 30, 2016 SIP revision                 a significant economic impact on a
                                                                                                     allowing for the full approval of Ohio’s              substantial number of small entities
                                             I. Background                                           Regional Haze SIP, the removal of the                 under the RFA. This action will not
                                                Ohio submitted infrastructure SIPs for               Regional Haze FIP, and the approval of                impose any requirements on small
                                             the following NAAQS: 2006 24-hour                       prong 4 elements.                                     entities.


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                                                                 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations                                                          21721

                                             E. Unfunded Mandates Reform Act                         subject to Executive Order 13045                             action must be filed in the United States
                                             (UMRA)                                                  because it does not concern an                               Court of Appeals for the appropriate
                                               This action does not contain any                      environmental health risk or safety risk.                    circuit by July 9, 2018. Filing a petition
                                             unfunded mandate as described in                                                                                     for reconsideration by the Administrator
                                                                                                     I. Executive Order 13211: Actions
                                             UMRA, 2 U.S.C. 1531–1538, and does                                                                                   of this final rule does not affect the
                                                                                                     Concerning Regulations That
                                             not significantly or uniquely affect small                                                                           finality of this action for the purposes of
                                                                                                     Significantly Affect Energy Supply,
                                             governments. This action does not                                                                                    judicial review nor does it extend the
                                                                                                     Distribution, or Use
                                             impose additional requirements beyond                                                                                time within which a petition for judicial
                                             those imposed by state law.                               This action is not subject to Executive                    review may be filed, and shall not
                                             Accordingly, no additional costs to                     Order 13211 (66 FR 28355 (May 22,                            postpone the effectiveness of such rule
                                             State, local, or tribal governments, or to              2001)), because it is not a significant                      or action. This action may not be
                                             the private sector, will result from this               regulatory action under Executive Order                      challenged later in proceedings to
                                             action.                                                 12866.                                                       enforce its requirements. See CAA
                                                                                                     J. National Technology Transfer and                          section 307(b)(2).
                                             F. Executive Order 13132: Federalism
                                                                                                     Advancement Act                                              List of Subjects in 40 CFR Part 52
                                               This action does not have federalism
                                             implications. It will not have substantial                 This rulemaking does not involve                            Environmental protection, Air
                                             direct effects on the states, on the                    technical standards. Therefore, the EPA                      pollution control, Incorporation by
                                             relationship between the national                       is not considering the use of any                            reference, Intergovernmental relations,
                                             government and the states, or on the                    voluntary consensus standards.                               Nitrogen dioxide, Particulate matter,
                                             distribution of power and                               K. Executive Order 12898: Federal                            Regional haze, Reporting and
                                             responsibilities among the various                      Actions To Address Environmental                             recordkeeping requirements, Sulfur
                                             levels of government.                                   Justice in Minority Populations and                          oxides, Visibility, Volatile organic
                                             G. Executive Order 13175: Consultation                  Low-Income Populations                                       compounds.
                                             and Coordination With Indian Tribal                        EPA believes that this action does not                      Dated: April 30, 2018.
                                             Governments                                             have disproportionately high and                             E. Scott Pruitt,
                                               This action does not have tribal                      adverse human health or environmental                        EPA Administrator.
                                             implications, as specified in Executive                 effects on minority populations, low-                            40 CFR part 52 is amended as follows:
                                             Order 13175. It will not have substantial               income populations, and/or indigenous
                                             direct effects on tribal governments.                   peoples, as specified in Executive Order                     PART 52—APPROVAL AND
                                             There are no Indian reservation lands in                12898 (59 FR 7629, February 16, 1994).                       PROMULGATION OF
                                             Ohio. Thus, Executive Order 13175 does                                                                               IMPLEMENTATION PLANS
                                                                                                     L. Determination Under Section 307(d)
                                             not apply to this rule.
                                                                                                       Pursuant to CAA section 307(d)(1)(B),                      ■ 1. The authority citation for part 52
                                             H. Executive Order 13045: Protection of                 this action is subject to the requirements
                                             Children From Environmental Health                                                                                   continues to read as follows:
                                                                                                     of CAA section 307(d), as it revises a FIP
                                             Risks and Safety Risks                                  under CAA section 110(c).
                                                                                                                                                                      Authority: 42 U.S.C. 7401 et seq.
                                               EPA interprets Executive Order 13045                                                                               ■ 2. In § 52.1870, the table in paragraph
                                             as applying only to those regulatory                    M. Congressional Review Act (CRA)                            (e) is amended by revising the entries
                                             actions that concern environmental                        This rule is exempt from the CRA                           under the headings ‘‘Infrastructure
                                             health or safety risks that the EPA has                 because it is a rule of particular                           Requirements’’ and ‘‘Visibility
                                             reason to believe may                                   applicability.                                               Protection’’ to read as follows:
                                             disproportionately affect children, per
                                             the definition of ‘‘covered regulatory                  N. Judicial Review                                           § 52.1870    Identification of plan.
                                             action’’ in section 2–202 of the                          Under section 307(b)(1) of the CAA,                        *       *    *        *     *
                                             Executive Order. This action is not                     petitions for judicial review of this                            (e) * * *
                                                                        EPA—APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                                                                   Applicable
                                                                                                 geographical or
                                                                Title                                                           State date             EPA approval                         Comments
                                                                                                 non-attainment
                                                                                                      area


                                                       *                      *                        *                           *                         *                      *                     *

                                                                                                                Infrastructure Requirements

                                             Section 110(a)(2) infrastructure require-      Statewide ...................          12/5/2007        7/13/2011, 76 FR       Fully approved for all CAA elements
                                               ments for the 1997 8-hour ozone                                                                        41075.                 except 110(a)(2)(D)(I), which has
                                               NAAQS.                                                                                                                        been remedied with a FIP.
                                             Section 110(a)(2) infrastructure require-      Statewide ...................          12/5/2007        7/13/2011, 76 FR       Fully approved for all CAA elements
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                                               ments for the 1997 PM2.5 NAAQS.                                                                        41075.                 except 110(a)(2)(D)(I), which has
                                                                                                                                                                             been remedied with a FIP.
                                             Section 110(a)(2) infrastructure require-      Statewide ...................              9/4/2009     5/10/2018, [Insert     Fully approved for all CAA elements
                                               ments for the 2006 PM2.5 NAAQS.                                                                        Federal Reg-           except 110(a)(2)(D)(I), which has
                                                                                                                                                      ister citation].       been disapproved and remedied with
                                                                                                                                                                             a FIP.




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                                             21722                 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations

                                                                  EPA—APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
                                                                                                       Applicable
                                                                                                     geographical or
                                                                  Title                                                              State date             EPA approval                        Comments
                                                                                                     non-attainment
                                                                                                          area

                                             Section 110(a)(2) infrastructure require-           Statewide ...................        10/12/2011         10/6/2014, 79 FR      Fully approved for all CAA elements.
                                               ments for the 2008 lead NAAQS.                                                                              60075.
                                             Section 110(a)(2) infrastructure require-           Statewide ...................        12/27/2012         5/10/2018, [Insert    Fully approved for all CAA elements
                                               ments for the 2008 ozone NAAQS.                                                                             Federal Reg-          except 110(a)(2)(D)(I), which has
                                                                                                                                                           ister citation].      been disapproved and remedied with
                                                                                                                                                                                 a FIP.
                                             Section 110(a)(2) infrastructure require-           Statewide ...................              2/8/2013     5/10/2018, [Insert    Fully approved for all CAA elements.
                                               ments for the 2010 NO2 NAAQS.                                                                               Federal Reg-
                                                                                                                                                           ister citation].
                                             Section 110(a)(2) infrastructure require-           Statewide ...................              6/7/2013     5/10/2018, [Insert    No action has been taken on
                                               ments for the 2010 SO2 NAAQS.                                                                               Federal Reg-          110(a)(2)(D)(I). All other CAA ele-
                                                                                                                                                           ister citation].      ments have been approved.
                                             Section 110(a)(2)(D) infrastructure re-             Statewide ...................          12/4/2015        5/10/2018, [Insert    Fully approved for all CAA elements.
                                               quirements for the 2012 PM2.5                                                                               Federal Reg-
                                               NAAQS.                                                                                                      ister citation].

                                                        *                         *                         *                           *                         *                     *                  *

                                                                                                                           Visibility Protection

                                             Regional Haze Plan ..............................   Statewide ...................        11/30/2016         5/10/2018, [Insert    Full Approval.
                                                                                                                                                           Federal Reg-
                                                                                                                                                           ister citation].
                                             Regional Haze Five-Year Progress Re-                Statewide ...................          3/11/2016        12/21/2017, 82 FR
                                               port.                                                                                                       60543.



                                             § 52.1886      [Removed and Reserved]                        Federal Register announcing the                              contact Nicole Ongele, Federal
                                             ■ 3. Section 52.1886 is removed and                          effective date of those rules.                               Communications Commission, Room 1–
                                             reserved.                                                    DATES: The amendment to 47 CFR                               A620, 445 12th Street SW, Washington,
                                                                                                          1.1424, published at 82 FR 61453,                            DC 20554. Please include the OMB
                                             [FR Doc. 2018–09651 Filed 5–9–18; 8:45 am]
                                                                                                          December 28, 2017, is effective on May                       Control Number, 3060–0392, in your
                                             BILLING CODE 6560–50–P
                                                                                                          10, 2018.                                                    correspondence. The Commission will
                                                                                                          FOR FURTHER INFORMATION CONTACT:                             also accept your comments via email at
                                                                                                          Michael Ray, Attorney Advisor,                               PRA@fcc.gov.
                                             FEDERAL COMMUNICATIONS                                                                                                      To request materials in accessible
                                                                                                          Wireline Competition Bureau, at (202)
                                             COMMISSION                                                                                                                formats for people with disabilities
                                                                                                          418–0357, or by email at Michael.Ray@
                                             47 CFR Part 1                                                fcc.gov. For additional information                          (Braille, large print, electronic files,
                                                                                                          concerning the Paperwork Reduction                           audio format), send an email to fcc504@
                                             [WC Docket No. 17–84; FCC 17–154]                            Act information collection                                   fcc.gov or call the Consumer and
                                                                                                          requirements, contact Nicole Ongele at                       Governmental Affairs Bureau at (202)
                                             Accelerating Wireline Broadband                              (202) 418–2991 or nicole.ongele@                             418–0530 (voice), (202) 418–0432
                                             Deployment by Removing Barriers to                           fcc.gov.                                                     (TTY).
                                             Infrastructure Investment
                                                                                                          SUPPLEMENTARY INFORMATION: This                              Synopsis
                                             AGENCY:   Federal Communications                             document announces that, on May 1,
                                             Commission.                                                  2018, OMB approved, for a period of                             As required by the Paperwork
                                                                                                          three years, the information collection                      Reduction Act of 1995 (44 U.S.C. 3507),
                                             ACTION: Final rule; announcement of
                                                                                                          requirements relating to the pole                            the FCC is notifying the public that it
                                             effective date.
                                                                                                          attachment complaint rules contained in                      received final OMB approval on May 1,
                                             SUMMARY:  In this document, the                              the Commission’s Accelerating Wireline                       2018, for the information collection
                                             Commission announces that the Office                         Broadband Deployment by Removing                             requirements contained in the
                                             of Management and Budget (OMB) has                           Barriers to Infrastructure Investment                        modifications to the Commission’s pole
                                             approved, for a period of three years, the                   Report and Order, Declaratory Ruling,                        attachment rules in 47 CFR 1.1424.
                                             information collection associated with                       and Further Notice of Proposed                                  Under 5 CFR part 1320, an agency
                                             the Commission’s pole attachment                             Rulemaking, FCC 17–154, published at                         may not conduct or sponsor a collection
                                             complaint rules. This document is                            82 FR 61453, December 28, 2017.                              of information unless it displays a
                                             consistent with the Accelerating                                The OMB Control Number is 3060–                           current, valid OMB Control Number.
                                             Wireline Broadband Deployment by                             0392. The Commission publishes this                             No person shall be subject to any
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                                             Removing Barriers to Infrastructure                          document as an announcement of the                           penalty for failing to comply with a
                                             Investment Report and Order,                                 effective date of the rules. If you have                     collection of information subject to the
                                             Declaratory Ruling, and Further Notice                       any comments on the burden estimates                         Paperwork Reduction Act that does not
                                             of Proposed Rulemaking, FCC 17–154,                          listed below, or how the Commission                          display a current, valid OMB Control
                                             which stated that the Commission                             can improve the collections and reduce                       Number. The OMB Control Number is
                                             would publish a document in the                              any burdens caused thereby, please                           3060–0392.


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Document Created: 2018-11-02 09:47:53
Document Modified: 2018-11-02 09:47:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on June 11, 2018.
ContactMichelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected]
FR Citation83 FR 21719 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides; Visibility and Volatile Organic Compounds

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