83 FR 33844 - Air Plan Approval; Ohio; Ohio NSR PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 138 (July 18, 2018)
Federal Register Volume 83, Issue 138 (July 18, 2018)
| Page Range | 33844-33846 | |
| FR Document | 2018-15254 |
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)] [Rules and Regulations] [Pages 33844-33846] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15254] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0164; FRL-9980-92--Region 5] Air Plan Approval; Ohio; Ohio NSR PM2.5 Precursors AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to Ohio's state implementation plan (SIP) as requested by the Ohio Environmental Protection Agency (OEPA) on March 10, 2017, and supplemented on July 18, 2017. The revisions to Ohio's SIP implement certain EPA regulations for particulate matter smaller than 2.5 micrometers (PM2.5 ) for nonattainment areas by establishing definitions related to PM2.5 and defining PM2.5 precursors. The revisions also incorporate the findings of a comprehensive precursor demonstration performed by OEPA, which determined that volatile organic compounds (VOC) and ammonia (NH3 ) are an insignificant source of PM2.5 for the purpose of new source review in nonattainment areas in Ohio. DATES: This final rule is effective on August 17, 2018. [[Page 33845]] ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2017-0164. 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 Charmagne Ackerman, Environmental Engineer, at (312) 886-0448 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Charmagne Ackerman, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0448, ackerman.charmagne@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. Incorporation by Reference. IV. Statutory and Executive Order Reviews. I. Background On March 10, 2017, OEPA submitted to EPA revisions to Ohio Administrative Code (OAC) chapter 3745-31-01. The revisions were made to implement the ``Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements.'' Subsequently, on July 18, 2017, OEPA submitted to EPA a letter clarifying the March 10, 2017 submittal. OEPA clarified that limited portions of OAC 3745-31-01 should be included as a SIP revision. The revisions to OAC 3745-31-01, specifically, subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW), paragraph (NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee) will make the rule consistent with 40 CFR 51.165 and 40 CFR 52.21. On March 29, 2018 (83 FR 13457), EPA published a notice of proposed rulemaking (NPR) proposing approval of Ohio's March 10, 2017 SIP revision and clarification letter allowing for the approval of revisions to OAC 3745-31-01. The specific details of Ohio's March 10, 2017 SIP revision submittal, Ohio's clarifying letter, and the rationale for EPA's approval are discussed in the NPR and will not be restated here. EPA received three comments during the comment period on the proposed action. None of the comments were relevant to the rulemaking. II. What action is EPA taking? EPA is approving the SIP revision submittal. Ohio's SIP revisions comply with regulations that EPA promulgated to address the PM2.5 NAAQS. EPA finds that these revisions implement the NNSR rules by defining precursors for PM2.5 , as required by EPA's regulations. EPA is approving the revisions to OAC 3745-31-01, specifically subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW), paragraph (NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee). EPA finds that the revisions are consistent with Federal requirements. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Ohio Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 [[Page 33846]] 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 September 17, 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 section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 9, 2018. Cathy Stepp, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.1870, the table in paragraph (c) is amended under ``Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program'' by revising the entry for ``3745-31-01'' and adding an second entry for ``3745-31-01'' in numerical order to read as follows: Sec. 52.1870 Identification of plan. * * * * * (c) * * * EPA-Approved Ohio Regulations ---------------------------------------------------------------------------------------------------------------- Ohio effective Ohio citation Title/subject date EPA approval date Notes ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program ---------------------------------------------------------------------------------------------------------------- 3745-31-01..................... Definitions....... 5/29/2014 6/2/2015, 80 FR Except for (I), (NNN), 36477. (SSS)(1)(b), (QQQQ), (WWWW), (JJJJJ), (NNNNN), (VVVVV), (BBBBBB) and (LLLLLL)(2)(y). 3745-31-01..................... Definitions....... 3/20/2017 7/18/2018, [Insert Only (LLL)(6), (NNN), Federal Register (WWWW), (NNNNN), citation]. (VVVVV), and (LLLLLL)(2)(ee) * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-15254 Filed 7-17-18; 8:45 am] BILLING CODE 6560-50-P
![33844 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
Regulatory Fairness Boards. The Coast Guard in complying with the (COTP) in the enforcement of the safety
Ombudsman evaluates these actions National Environmental Policy Act of zone.
annually and rates each agency’s 1969(42 U.S.C. 4321–4370f), and have (c) Regulations. (1) Under the general
responsiveness to small business. If you determined that this action is one of a safety zone regulations in § 165.23 of
wish to comment on actions by category of actions that do not this part, you may not enter the safety
employees of the Coast Guard, call 1– individually or cumulatively have a zone described in paragraph (a) of this
888–REG–FAIR (1–888–734–3247). The significant effect on the human section unless authorized by the COTP
Coast Guard will not retaliate against environment. This rule involves or a designated representative.
small entities that question or complain establishing a temporary safety zone (2) To request permission to enter,
about this rule or any policy or action that would prohibit persons and vessels contact COTP or a designated
of the Coast Guard. from entering the upper reaches of representative on VHF–FM channel 16,
Taylor Bayou Turning Basin unless or contact Vessel Traffic Service (VTS)
C. Collection of Information Port Arthur on VHF–FM channel 65A or
authorized by the COTP or a designated
This rule will not call for a new representative. It is categorically by telephone at 409–719–5070. Those
collection of information under the excluded from further review under persons or vessels permitted to enter the
Paperwork Reduction Act of 1995 (44 paragraph L60(a) of Appendix A, Table safety zone must comply with all lawful
U.S.C. 3501–3520). 1 of DHS Instruction Manual 023–01– directions given by the COTP or a
001–01, Rev. 01. A Record of designated representative.
D. Federalism and Indian Tribal (d) Enforcement date. This rule is
Governments Environmental Consideration
supporting this determination is effective without actual notice from July
A rule has implications for federalism available in the docket where indicated 18, 2018 through January 31, 2023. For
under Executive Order 13132, under ADDRESSES. the purposes of enforcement, actual
Federalism, if it has a substantial direct notice will be used from July 11, 2018
effect on the States, on the relationship G. Protest Activities through July 18, 2018.
between the national government and The Coast Guard respects the First Dated: July 11, 2018.
the States, or on the distribution of Amendment rights of protesters. Jacqueline Twomey,
power and responsibilities among the Protesters are asked to contact the Captain, U.S. Coast Guard, Captain of the
various levels of government. We have person listed in the FOR FURTHER Port Marine Safety Unit Port Arthur.
analyzed this rule under that Order and INFORMATION CONTACT section to [FR Doc. 2018–15295 Filed 7–17–18; 8:45 am]
have determined that it is consistent coordinate protest activities so that your BILLING CODE 9110–04–P
with the fundamental federalism message can be received without
principles and preemption requirements jeopardizing the safety or security of
described in Executive Order 13132. people, places, or vessels.
Also, this rule does not have tribal ENVIRONMENTAL PROTECTION
implications under Executive Order List of Subjects in 33 CFR Part 165 AGENCY
13175, Consultation and Coordination Harbors, Marine safety, Navigation 40 CFR Part 52
with Indian Tribal Governments, (water), Reporting and recordkeeping
because it does not have a substantial [EPA–R05–OAR–2017–0164; FRL–9980–
requirements, Security measures, 92—Region 5]
direct effect on one or more Indian Waterways.
tribes, on the relationship between the
For the reasons discussed in the Air Plan Approval; Ohio; Ohio NSR
Federal Government and Indian tribes, PM2.5 Precursors
or on the distribution of power and preamble, the Coast Guard amends 33
responsibilities between the Federal CFR part 165 as follows: AGENCY: Environmental Protection
Government and Indian tribes. If you Agency (EPA).
PART 165—REGULATED NAVIGATION
believe this rule has implications for ACTION: Final rule.
AREAS AND LIMITED ACCESS AREAS
federalism or Indian tribes, please
contact the person listed in the FOR SUMMARY: The Environmental Protection
■ 1. The authority citation for part 165 Agency (EPA) is approving, under the
FURTHER INFORMATION CONTACT section.
continues to read as follows: Clean Air Act (CAA), revisions to Ohio’s
E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; state implementation plan (SIP) as
The Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; requested by the Ohio Environmental
of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation Protection Agency (OEPA) on March 10,
Federal agencies to assess the effects of No. 0170.2. 2017, and supplemented on July 18,
their discretionary regulatory actions. In ■ 2. Add § 165.T08–0914 to read as 2017. The revisions to Ohio’s SIP
particular, the Act addresses actions follows: implement certain EPA regulations for
that may result in the expenditure by a particulate matter smaller than 2.5
§ 165.T08–0914 Safety Zone; Taylor Bayou micrometers (PM2.5) for nonattainment
State, local, or tribal government, in the Turning Basin, Port Arthur, TX.
aggregate, or by the private sector of areas by establishing definitions related
$100,000,000 (adjusted for inflation) or (a) Location. The following area is a to PM2.5 and defining PM2.5 precursors.
more in any one year. Though this rule safety zone: Navigable waters of Taylor The revisions also incorporate the
will not result in such an expenditure, Bayou Turning Basin north of latitude findings of a comprehensive precursor
we do discuss the effects of this rule 29°50′57.45′ N. These coordinates are demonstration performed by OEPA,
elsewhere in this preamble. based on WGS 84. which determined that volatile organic
amozie on DSK3GDR082PROD with RULES
(b) Definition. As used in this section, compounds (VOC) and ammonia (NH3)
F. Environment a designated representative means a are an insignificant source of PM2.5 for
We have analyzed this rule under Coast Guard coxswain, officer or petty the purpose of new source review in
Department of Homeland Security officer, or a federal, state or local officer nonattainment areas in Ohio.
Directive 023–01 and Commandant designated by or assisting the Captain of DATES: This final rule is effective on
Instruction M16475.1D, which guide the the Port Marine Safety Unit Port Arthur August 17, 2018.
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![33846 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
agency promulgating the rule must affect the finality of this action for the PART 52—APPROVAL AND
submit a rule report, which includes a purposes of judicial review nor does it PROMULGATION OF
copy of the rule, to each House of the extend the time within which a petition IMPLEMENTATION PLANS
Congress and to the Comptroller General for judicial review may be filed, and
of the United States. EPA will submit a shall not postpone the effectiveness of ■ 1. The authority citation for part 52
report containing this action and other such rule or action. This action may not continues to read as follows:
required information to the U.S. Senate, be challenged later in proceedings to
the U.S. House of Representatives, and enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
the Comptroller General of the United 307(b)(2).) ■ 2. In § 52.1870, the table in paragraph
States prior to publication of the rule in List of Subjects in 40 CFR Part 52 (c) is amended under ‘‘Chapter 3745–31
the Federal Register. A major rule Permit-to Install New Sources and
cannot take effect until 60 days after it Environmental protection, Air
pollution control, Carbon monoxide, Permit-to-Install and Operate Program’’
is published in the Federal Register. by revising the entry for ‘‘3745–31–01’’
This action is not a ‘‘major rule’’ as Incorporation by reference,
Intergovernmental relations, Nitrogen and adding an second entry for ‘‘3745–
defined by 5 U.S.C. 804(2). 31–01’’ in numerical order to read as
dioxide, Particulate matter, Reporting
Under section 307(b)(1) of the CAA, and recordkeeping requirements, Sulfur follows:
petitions for judicial review of this oxides, Volatile organic compounds.
action must be filed in the United States § 52.1870 Identification of plan.
Dated: July 9, 2018.
Court of Appeals for the appropriate * * * * *
circuit by September 17, 2018. Filing a Cathy Stepp,
Regional Administrator, Region 5. (c) * * *
petition for reconsideration by the
Administrator of this final rule does not 40 CFR part 52 is amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio effective
Ohio citation Title/subject EPA approval date Notes
date
* * * * * * *
Chapter 3745–31 Permit-to Install New Sources and Permit-to-Install and Operate Program
3745–31–01 ................ Definitions ................. 5/29/2014 6/2/2015, 80 FR 36477 .............. Except for (I), (NNN), (SSS)(1)(b),
(QQQQ), (WWWW), (JJJJJ), (NNNNN),
(VVVVV), (BBBBBB) and (LLLLLL)(2)(y).
3745–31–01 ................ Definitions ................. 3/20/2017 7/18/2018, [Insert Federal Reg- Only (LLL)(6), (NNN), (WWWW),
ister citation]. (NNNNN), (VVVVV), and (LLLLLL)(2)(ee)
* * * * * * *
* * * * * amendments to certain emission limits, Friday, excluding Federal holidays. We
[FR Doc. 2018–15254 Filed 7–17–18; 8:45 am] resulting in an overall decrease of SO2 recommend that you telephone Anthony
BILLING CODE 6560–50–P emissions from FHR. Maietta, Environmental Protection
DATES: This final rule is effective on Specialist, at (312) 353–8777 before
August 17, 2018. visiting the Region 5 office.
ENVIRONMENTAL PROTECTION
AGENCY ADDRESSES: EPA has established a FOR FURTHER INFORMATION CONTACT:
docket for this action under Docket ID Anthony Maietta, Environmental
40 CFR Part 52 No. EPA–R05–OAR–2017–0099. All Protection Specialist, Control Strategies
documents in the docket are listed on Section, Air Programs Branch (AR–18J),
[EPA–R05–OAR–2017–0099; FRL–9980– the www.regulations.gov website.
96—Region 5] Environmental Protection Agency,
Although listed in the index, some Region 5, 77 West Jackson Boulevard,
information is not publicly available,
Air Plan Approval; Minnesota; Flint Chicago, Illinois 60604, (312) 353–8777,
i.e., Confidential Business Information
Hills Sulfur Dioxide (SO2) Revision maietta.anthony@epa.gov.
(CBI) or other information whose
AGENCY: Environmental Protection disclosure is restricted by statute. SUPPLEMENTARY INFORMATION:
Agency (EPA). Certain other material, such as Throughout this document whenever
ACTION: Final rule. copyrighted material, is not placed on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the internet and will be publicly EPA. This supplementary information
SUMMARY: The Environmental Protection available only in hard copy form. section is arranged as follows:
Agency (EPA) is approving a revision to Publicly available docket materials are
I. What is being addressed by this document?
the Minnesota sulfur dioxide (SO2) State available either through
amozie on DSK3GDR082PROD with RULES
II. What comments did we receive on the
Implementation Plan (SIP) for the Flint www.regulations.gov or at the
proposed action?
Hills Resources, LLC Pine Bend Environmental Protection Agency,
III. What action is EPA taking?
Refinery (FHR) as submitted on Region 5, Air and Radiation Division, 77
IV. Incorporation by Reference
February 8, 2017. The SIP revision West Jackson Boulevard, Chicago,
V. Statutory and Executive Order Reviews
pertains to the installation and removal Illinois 60604. This facility is open from
of certain equipment at the refinery and 8:30 a.m. to 4:30 p.m., Monday through
VerDate Sep<11>2014 17:26 Jul 17, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\18JYR1.SGM 18JYR1](https://thefederalregister.org/doc/83_FR_33982/page/3.svg)
Document Created: 2018-11-06 10:24:42
Document Modified: 2018-11-06 10:24:42
| 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 August 17, 2018. | |
| Contact | Charmagne Ackerman, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0448, [email protected] | |
| FR Citation | 83 FR 33844 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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