83 FR 45193 - Air Plan Approval; Ohio; Cleveland, PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 173 (September 6, 2018)
Federal Register Volume 83, Issue 173 (September 6, 2018)
| Page Range | 45193-45194 | |
| FR Document | 2018-19144 |
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)] [Rules and Regulations] [Pages 45193-45194] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19144] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations [[Page 45193]] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0644; FRL-9982-96--Region 5] Air Plan Approval; Ohio; Cleveland, PM2.5 Attainment Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On October 14, 2016, the Ohio Environmental Protection Agency (OEPA) submitted a State Implementation Plan (SIP) submission for the 2012 Fine Particle (PM2.5 ) National Ambient Air Quality Standards (NAAQS) for the Cleveland nonattainment area. EPA proposed to approve the state's submittal on June 4, 2018. DATES: This final rule is effective on October 9, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0644. All documents in the docket are listed in the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 http://www.regulations.gov, or please contact the person identified in the ``For Further Information Contact'' section for additional availability information. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6061, acevedo.francisco@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', ``us'' or ``our'' is used, we mean EPA. I. What is being addressed by this document? On June 4, 2018, at 83 FR 25608, EPA proposed to approve a revision to the SIP for the 2012 PM2.5 NAAQS for the Cleveland nonattainment area. As required by the Clean Air Act (CAA), OEPA developed an attainment plan to address the Cleveland nonattainment area and evaluate the area's ability to attain the 2012 PM2.5 NAAQS by the ``Moderate'' attainment date of December 31, 2021. The SIP submission addressed specific requirements as outlined in the CAA including: attainment demonstration; reasonable available control measure (RACM) analysis; emissions inventory requirements; reasonable further progress (RFP) with quantitative milestones; and nonattainment new source review (NNSR). Additionally, the SIP submission included optional PM2.5 precursor demonstrations for NNSR and attainment planning purposes. EPA evaluated the SIP submission and is approving portions of the submission as meeting the applicable CAA requirements for RACM, emissions inventory, attainment demonstration modeling, and precursor insignificance demonstrations for NNSR and attainment planning purposes. EPA is not acting on the other elements of the submission, including reasonable further progress (RFP), with quantitative milestones, and motor vehicle emission budgets (MVEBs). II. What comments did we receive on the proposed SIP revision? Our June 4, 2018, proposed rule provided a 30-day review and comment period. The comment period closed on July 5, 2018. EPA received comments from three parties during the public comment period but all comments were completely outside of the scope of this action and therefore are not being addressed as part of this final action. III. What action is EPA taking? EPA is approving a SIP revision submitted by Ohio EPA on October 14, 2016. Ohio's attainment demonstration modeling, and precursor analysis for both attainment planning RACM and nonattainment NNSR determined that VOCs and NH3 do not significantly contribute to PM2.5 concentrations in the area. EPA finds that Ohio's analysis is reasonable and well supported. EPA is thus approving the following elements of the 2012 SIP submission: the base year 2011 emissions inventory to meet the section 172(c)(3) requirement for emission inventories; the demonstration of attainment for 2021 as meeting the statutory requirement in CAA 189(a)(1)(B); current controls as meeting RACM requirements of 172(c)(1) and 189(a)(1(C). 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); [[Page 45194]] Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 5, 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, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 20, 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 (e) is amended by adding the subheading ``Summary of Criteria Pollutant Attainment Plans'' and the entry ``PM 2.5 (2012)'' before the subheading ``Summary of Criteria Pollutant Maintenance Plan'' to read as follows: Sec. 52.1870 Identification of plan. * * * * * (e) * * * EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable geographical Title or non-attainment area State date EPA approval Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Summary of Criteria Pollutant Attainment Plans ---------------------------------------------------------------------------------------------------------------- PM2.5 (2012)............. Cleveland................ 10/14/2016 9/6/2018, [insert EPA is approving the Federal Register following elements: citation]. the base year 2011 emissions inventory; the demonstration of attainment for 2021; current controls as meeting RACM requirements. ---------------------------------------------------------------------------------------------------------------- Summary of Criteria Pollutant Maintenance Plan ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-19144 Filed 9-5-18; 8:45 am] BILLING CODE 6560-50-P
![45193
Rules and Regulations Federal Register
Vol. 83, No. 173
Thursday, September 6, 2018
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: VOCs and NH3 do not significantly
contains regulatory documents having general Throughout this document, wherever contribute to PM2.5 concentrations in the
applicability and legal effect, most of which ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean area. EPA finds that Ohio’s analysis is
are keyed to and codified in the Code of EPA. reasonable and well supported. EPA is
Federal Regulations, which is published under thus approving the following elements
50 titles pursuant to 44 U.S.C. 1510. I. What is being addressed by this
of the 2012 SIP submission: the base
document?
The Code of Federal Regulations is sold by year 2011 emissions inventory to meet
the Superintendent of Documents. On June 4, 2018, at 83 FR 25608, EPA the section 172(c)(3) requirement for
proposed to approve a revision to the emission inventories; the demonstration
SIP for the 2012 PM2.5 NAAQS for the of attainment for 2021 as meeting the
ENVIRONMENTAL PROTECTION Cleveland nonattainment area. As statutory requirement in CAA
AGENCY required by the Clean Air Act (CAA), 189(a)(1)(B); current controls as meeting
OEPA developed an attainment plan to RACM requirements of 172(c)(1) and
40 CFR Part 52 address the Cleveland nonattainment 189(a)(1(C).
[EPA–R05–OAR–2016–0644; FRL–9982– area and evaluate the area’s ability to
attain the 2012 PM2.5 NAAQS by the IV. Statutory and Executive Order
96—Region 5]
‘‘Moderate’’ attainment date of Reviews
Air Plan Approval; Ohio; Cleveland, December 31, 2021. The SIP submission Under the CAA, the Administrator is
PM2.5 Attainment Plan addressed specific requirements as required to approve a SIP submission
outlined in the CAA including: that complies with the provisions of the
AGENCY: Environmental Protection
attainment demonstration; reasonable CAA and applicable Federal regulations.
Agency (EPA).
available control measure (RACM) 42 U.S.C. 7410(k); 40 CFR 52.02(a).
ACTION: Final rule. analysis; emissions inventory Thus, in reviewing SIP submissions,
SUMMARY: On October 14, 2016, the requirements; reasonable further EPA’s role is to approve state choices,
Ohio Environmental Protection Agency progress (RFP) with quantitative provided that they meet the criteria of
(OEPA) submitted a State milestones; and nonattainment new the CAA. Accordingly, this action
Implementation Plan (SIP) submission source review (NNSR). Additionally, the merely approves state law as meeting
for the 2012 Fine Particle (PM2.5) SIP submission included optional PM2.5 Federal requirements and does not
National Ambient Air Quality Standards precursor demonstrations for NNSR and impose additional requirements beyond
(NAAQS) for the Cleveland attainment planning purposes. EPA those imposed by state law. For that
nonattainment area. EPA proposed to evaluated the SIP submission and is reason, this action:
approve the state’s submittal on June 4, approving portions of the submission as • Is not a significant regulatory action
2018. meeting the applicable CAA subject to review by the Office of
requirements for RACM, emissions Management and Budget under
DATES: This final rule is effective on
inventory, attainment demonstration Executive Orders 12866 (58 FR 51735,
October 9, 2018.
modeling, and precursor insignificance October 4, 1993) and 13563 (76 FR 3821,
ADDRESSES: EPA has established a
demonstrations for NNSR and January 21, 2011);
docket for this action under Docket ID attainment planning purposes. EPA is • Is not an Executive Order 13771 (82
No. EPA–R05–OAR–2016–0644. All not acting on the other elements of the FR 9339, February 2, 2017) regulatory
documents in the docket are listed in submission, including reasonable action because SIP approvals are
the http://www.regulations.gov website. further progress (RFP), with quantitative exempted under Executive Order 12866;
Although listed in the index, some milestones, and motor vehicle emission • Does not impose an information
information is not publicly available, budgets (MVEBs). collection burden under the provisions
e.g., Confidential Business Information of the Paperwork Reduction Act (44
or other information whose disclosure is II. What comments did we receive on U.S.C. 3501 et seq.);
restricted by statute. Certain other the proposed SIP revision? • Is certified as not having a
material, such as copyrighted material, Our June 4, 2018, proposed rule significant economic impact on a
is not placed on the internet and will be provided a 30-day review and comment substantial number of small entities
publicly available only in hard copy period. The comment period closed on under the Regulatory Flexibility Act (5
form. Publicly available docket July 5, 2018. EPA received comments U.S.C. 601 et seq.);
materials are available either through from three parties during the public • Does not contain any unfunded
http://www.regulations.gov, or please comment period but all comments were mandate or significantly or uniquely
contact the person identified in the ‘‘For completely outside of the scope of this affect small governments, as described
Further Information Contact’’ section for action and therefore are not being in the Unfunded Mandates Reform Act
additional availability information. addressed as part of this final action. of 1995 (Pub. L. 104–4);
FOR FURTHER INFORMATION CONTACT: • Does not have Federalism
Francisco J. Acevedo, Mobile Source III. What action is EPA taking?
daltland on DSKBBV9HB2PROD with RULES
implications as specified in Executive
Program Manager, Control Strategies EPA is approving a SIP revision Order 13132 (64 FR 43255, August 10,
Section, Air Programs Branch (AR 18J), submitted by Ohio EPA on October 14, 1999);
Environmental Protection Agency, 2016. Ohio’s attainment demonstration • Is not an economically significant
Region 5, 77 West Jackson Boulevard, modeling, and precursor analysis for regulatory action based on health or
Chicago, Illinois 60604, (312)886–6061, both attainment planning RACM and safety risks subject to Executive Order
acevedo.francisco@epa.gov. nonattainment NNSR determined that 13045 (62 FR 19885, April 23, 1997);
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![45194 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations
• Is not a significant regulatory action submit a rule report, which includes a List of Subjects in 40 CFR Part 52
subject to Executive Order 13211 (66 FR copy of the rule, to each House of the Environmental protection, Air
28355, May 22, 2001); Congress and to the Comptroller General pollution control, Incorporation by
• Is not subject to requirements of of the United States. EPA will submit a reference, Nitrogen dioxide, Ozone,
section 12(d) of the National report containing this action and other Particulate matter, Reporting and
Technology Transfer and Advancement required information to the U.S. Senate, recordkeeping requirements, Sulfur
Act of 1995 (15 U.S.C. 272 note) because the U.S. House of Representatives, and oxides, Volatile organic compounds.
application of those requirements would the Comptroller General of the United
be inconsistent with the CAA; and Dated: August 20, 2018.
States prior to publication of the rule in
• Does not provide EPA with the Cathy Stepp,
the Federal Register A major rule
discretionary authority to address, as Regional Administrator, Region 5.
appropriate, disproportionate human cannot take effect until 60 days after it
is published in the Federal Register. 40 CFR part 52 is amended as follows:
health or environmental effects, using
practicable and legally permissible This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). PART 52—APPROVAL AND
methods, under Executive Order 12898 PROMULGATION OF
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the CAA, IMPLEMENTATION PLANS
In addition, the SIP is not approved petitions for judicial review of this
to apply on any Indian reservation land action must be filed in the United States ■ 1. The authority citation for part 52
or in any other area where EPA or an Court of Appeals for the appropriate continues to read as follows:
Indian tribe has demonstrated that a circuit by November 5, 2018. Filing a Authority: 42 U.S.C. 7401 et seq.
tribe has jurisdiction. In those areas of petition for reconsideration by the
Indian country, the rule does not have Administrator of this final rule does not ■ 2. In § 52.1870, the table in paragraph
tribal implications and will not impose affect the finality of this action for the (e) is amended by adding the
substantial direct costs on tribal purposes of judicial review nor does it subheading ‘‘Summary of Criteria
governments or preempt tribal law as Pollutant Attainment Plans’’ and the
extend the time within which a petition
specified by Executive Order 13175 (65 entry ‘‘PM2.5 (2012)’’ before the
for judicial review may be filed, and
FR 67249, November 9, 2000). subheading ‘‘Summary of Criteria
The Congressional Review Act, 5 shall not postpone the effectiveness of
Pollutant Maintenance Plan’’ to read as
U.S.C. 801 et seq., as added by the Small such rule or action. This action may not
follows:
Business Regulatory Enforcement be challenged later in proceedings to
Fairness Act of 1996, generally provides enforce its requirements. (See section § 52.1870 Identification of plan.
that before a rule may take effect, the 307(b)(2)). * * * * *
agency promulgating the rule must (e) * * *
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical or
Title State date EPA approval Comments
non-attainment
area
* * * * * * *
Summary of Criteria Pollutant Attainment Plans
PM2.5 (2012) ..... Cleveland ......... 10/14/2016 9/6/2018, [insert Federal EPA is approving the following elements: the base year
Register citation]. 2011 emissions inventory; the demonstration of attain-
ment for 2021; current controls as meeting RACM re-
quirements.
Summary of Criteria Pollutant Maintenance Plan
* * * * * * *
[FR Doc. 2018–19144 Filed 9–5–18; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Final rule.
BILLING CODE 6560–50–P AGENCY
SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R01–OAR–2017–0696; FRL–9983– submitted by the State of Vermont that
02—Region 1] addresses the infrastructure SIP
requirements of the Clean Air Act (CAA
daltland on DSKBBV9HB2PROD with RULES
Air Plan Approval; Vermont;
Infrastructure State Implementation or Act)—including the interstate
Plan Requirements for the 2012 PM2.5 transport provisions—for the 2012 fine
NAAQS particle (PM2.5) National Ambient Air
Quality Standards (NAAQS). The
AGENCY: Environmental Protection infrastructure requirements are designed
Agency (EPA). to ensure that the structural components
VerDate Sep<11>2014 15:59 Sep 05, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1](https://thefederalregister.org/doc/83_FR_45366/page/2.svg)
Document Created: 2018-09-05 23:56:27
Document Modified: 2018-09-05 23:56:27
| 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 October 9, 2018. | |
| Contact | Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6061, [email protected] | |
| FR Citation | 83 FR 45193 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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