83 FR 53832 - Air Plan Approval; Ohio; Ohio Permit Rules Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 207 (October 25, 2018)
Federal Register Volume 83, Issue 207 (October 25, 2018)
| Page Range | 53832-53835 | |
| FR Document | 2018-23363 |
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)] [Proposed Rules] [Pages 53832-53835] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23363] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2018-0121; FRL-9985-85-Region 5] Air Plan Approval; Ohio; Ohio Permit Rules Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to Ohio air permitting rules at Ohio Administrative Code (OAC) 3745-31 into the State Implementation Plan (SIP) under the Clean Air Act (CAA). These revisions represent minor changes to the air permitting rules the Ohio Environmental Protection Agency (OEPA) adopted on April 21, 2016, which became effective at the state level on May 1, 2016. DATES: Comments must be received on or before November 26, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2018-0121 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection [[Page 53833]] Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3189, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. Review of State Submittal III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background On January 2, 2018, OEPA submitted to EPA revisions to rules in OAC chapters 3745-31-01, 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-11, 3745-31-13, and 3745-31-14. These revisions pertain to air permitting rules which update definitions, provisions for exemptions and permits- by-rule, criteria for permits-to-install (PTI) and permits-to-install- and-operate (PTIO), and attainment provisions. Ohio adopted revisions to these rules on April 21, 2016. After the April 21, 2016 rule revisions, OEPA submitted revisions to OAC 3745-31-01 to EPA on March 10, 2017, which became effective at the state level on March 20, 2017. These revisions determined that volatile organic compounds (VOCs) and ammonia are an insignificant source of particulate matter smaller than 2.5 micrometers (PM2.5 ). EPA published a final approval of this rule revision on July 18, 2018 (83 FR 33844). In the January 2, 2018 submittal, OEPA requested that the following paragraphs be excluded from approval into the SIP: OAC 3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and (BBBBBB); 3745-31-03(B)(1)(p) and (C)(2)(c)(iii); 3745-31- 05(A)(3)(a)(ii) and (E); and 3745-31-13(H)(1)(c). II. Review of State Submittal The following discussion summarizes the rule revisions and EPA's analysis of them under the CAA. 3745-31-01 Revisions The definition of ``emergency'' at OAC 3745-31-01(MM)(4) adds a paragraph to include instances where a regional transmission organization implements emergency procedures for voluntary load curtailments. This addition is consistent with the existing language in this definition which accounts for power outage instances. The definition of ``emergency engine'' has been revised to add examples of emergencies in OAC 3745-31-01(NN)(1). The definition also adds a paragraph at OAC 3745-31-01(NN)(2)(f) to include non-emergency situations other than those already listed in the rule. Such usage is limited to 50 hours per year. This language is consistent with 40 CFR 60.4211(f), 40 CFR 60.4243(d)(2)(ii), and 40 CFR 63.6640(f)(4). The definition of ``major modification'' has been modified to add the following language at OAC 3745-31-01(LLL)(6): ``different pollutants, including individual precursors, are not summed to determine applicability of a major modification.'' This new language is consistent with the existing method for summing emissions to determine whether a modification will be considered major for new source review (NSR) or prevention of significant deterioration (PSD). The definition of ``major stationary source'' (OAC 3745-31-01(NNN)) has been modified to add lower emission thresholds for VOCs, carbon monoxide (CO), particulate matter smaller than 10 micrometers (PM10 ), and PM2.5 consistent with title I, part D, subparts 2, 3, and 4 of the CAA. The modification to this definition also adds the following language ``different pollutants, including individual precursors, are not summed to determine applicability of a major modification,'' which is consistent with the revision to the definition of ``major modification'' discussed above. The definition of ``PM2.5 precursor'' (OAC 3745-31- 01(WWWW)) has been modified to state that VOC and ammonia are determined to be insignificant contributors to PM2.5 formation. EPA approved this precursor determination for VOC and ammonia on July 18, 2018 (83 FR 33844). The definition of ``regulated NSR pollutant'' has been modified at OAC 3745-31-01(NNNNN)(2)(a)(ii)(d) to add a paragraph stating that VOCs are presumed not to be precursors to PM2.5 unless demonstrated otherwise. This addition is consistent with the final rule that EPA published on August 24, 2016 (81 FR 58010). The definition of ``significant'' (OAC 3745-31-01(VVVVV)) has been modified to add an emission rate threshold of 40 tons per year for VOC emissions as a precursor to PM2.5 emissions. This is consistent with 40 CFR 51.165(a)(1)(x)(A). The list of reference materials in OAC 3745-31-01(LLLLL) has been modified to add new reference materials and update Federal Register and Code of Federal Regulations citations. The updates to this section do not change any requirements under this rule and are for reference purposes only. OAC 3745-31-03 Revisions OAC 3745-31-03 contains provisions for sources that qualify for exemptions or permits-by-rule. OAC 3745-31-03(A) has been revised to add a list of CAA requirements that sources qualifying for an exemption to obtain a PTI or PTIO still must comply with. OAC 3745-31-03(B)(1) has been modified to remove language that excludes exemptions for emissions sources subject to 40 CFR part 60, part 61, or part 63 standards. Although this language has been removed, these units are still obligated to meet all CAA requirements as stated in OAC 3745-31- 03(A). OAC 3745-31-03(B)(1)(a), (c), and (nn) and 3745-31-03(C)(2) have been revised to remove ``(with less than or equal to 0.5 percent by weight sulfur)'' from the term ``distillate oil.'' The definition of ``distillate oil'' in OAC 3745-31-01(KK) already includes the phrase ``(with less than or equal to 0.5 percent by weight sulfur).'' Therefore, these revisions remove redundant wording and do not change the definition of ``distillate oil.'' OAC 3745-31-03(B)(1)(q) adds an exemption for dry cleaning facilities that do not use perchloroethylene solvent, use petroleum solvents, and meet a list of other qualifications. On July 27, 2018, OEPA submitted a supplement to the January 2, 2018 SIP submittal to address requirements of Section 110(l) of the CAA. In this supplement, OEPA stated that sources meeting the criteria for this new exemption are low-emitting sources which would not have been permitted prior to the rule change. This explicit exemption is meant to provide clarity to small businesses that already would have been exempt from permitting requirements. OAC 3745-31-03(B)(1)(r) adds an exemption for dry cleaning facilities that employ wet cleaning processes, liquid carbon dioxide processes, or equipment that utilizes volatile methyl siloxane solvent. In the July 27, 2018 supplement, OEPA stated that sources meeting the criteria this new exemption are low-emitting sources which would not have been permitted prior to the rule change. This explicit exemption is meant to provide clarity to small businesses that already would have been exempt from permitting requirements. The paragraph in OAC 3745-31-03(B)(1)(jj) replaces ``arc welding'' with ``brazing, soldering, welding, or plasma cutting operations.'' This revision applies to deminimis operations and [[Page 53834]] will not impact which sources are required to obtain a PTI or PTIO. OAC 3745-31-03(B)(1)(ll) is the existing exemption for coating applicators. The paragraph that says ``not located at a facility with actual emissions of twenty-five or more tons of volatile organic materials per year'' has been revised to remove the following language: ``and are not subject to a standard under Section 112 of the Clean Air Act.'' Despite this language removal, sources are still obligated to comply with any 40 CFR part 63 maximum achievable control technology standard pursuant to OAC 3745-31-03(A)(5). OAC 3745-31-03(B)(1)(nn) and (oo) and OAC 3745-31-03(C)(a) add language to the existing exemptions which state that such sources shall comply with 40 CFR part 60 subpart IIII, 40 CFR part 60 subpart JJJJ, and 40 CFR part 63 subpart ZZZZ, as applicable. This is a clarification of existing requirements for sources that qualify for these exemptions. OAC 3745-31-03(B)(1)(uu) through (jjj) adds exemptions to a several activities. In its supplement to the request dated July 27, 2018 discussing CAA Section 110(l), OEPA indicated that sources meeting the criteria for these new exemptions are low-emitting sources which would not have been permitted prior to the rule change. These exemptions are meant to provide clarity to small businesses that already would have been exempt from permitting requirements. The rule revisions add a sentence on deminimis exemptions at OAC 3745-31-03(B)(4) which says that sources meeting rule OAC 3745-15-05 are exempt from this chapter. OAC 3745-15-05 is an existing rule which provides an exemption to sources that meet the definition of deminimis in that rule. This new addition provides a clarification for sources that are already exempt under existing rule provisions. OAC 3745-31-03(C), which is the section for permits-by-rule, removes a paragraph that included definitions for ``emergency;'' ``emergency electrical generator,'' ``emergency water pump,'' or ``emergency air compressor;'' and ``emergency internal combustion engine.'' These definitions are addressed elsewhere in OEPA's rules. OAC 3745-31-03(C)(2)(a) lists source specific permit-by-rule provisions for emergency equipment. The rule revisions add a statement at OAC 3745-31-03(C)(2)(iii) that says, ``there is no time limit on the use of emergency electrical generators in emergency situations.'' This language is consistent with 40 CFR 60.4211(f)(1), 40 CFR 60.4243(d)(1), and 40 CFR 63.6640(f)(1). The permit-by-rule provisions for auto body refinishing facilities (OAC 3745-31-03(C)(2)(f)) have been revised to include several minor changes to deminimis operations. Ohio conducted modeling to confirm that the change in the stack height limit will not impact air quality above the state's maximum acceptable ground level concentration (MAGLC). EPA agrees that the change in stack height limit will not impact air quality above the MAGLC. The permit-by-rule provisions for gasoline dispensing facilities with Stage I controls (OAC 3745-31-03(C)(2)(g)) have been revised to include a requirement that facilities comply with 40 CFR part 63, subpart CCCCCC, when applicable. The permit-by-rule provisions for gasoline dispensing facilities with Stage I and Stage II controls (OAC 3745-31-03(C)(2)(h)) have been revised to add the following: (1) A requirement that facilities comply with 40 CFR part 63, subpart CCCCCC, when applicable; (2) sources that have decommissioned the Stage II vapor control system to the list of eligible conditions; and (3) a requirement for low permeation hoses pursuant to OAC 3745-31-09(DDD). These revisions update the rule language to be consistent with other regulatory requirements and do not make this provision less stringent. The permit-by-rule provisions for small printing facilities (OAC 3745-31-03(C)(2)(j)) have been revised to add OAC 3745-22-22(A) through (I) to the list of applicable requirements. This was added to provide clarity regarding existing requirements for sources subject to this provision. The rule revisions add a new source-specific permit-by-rule for unpaved roadways and parking areas and paved roadways and parking areas at OAC 3745-31-03(C)(2)(l) and (m), respectively. OEPA states in its July 27, 2018, Section 110(l) supplement, that these new provisions maintain operational, monitoring, recordkeeping, and reporting requirements that would have applied to affected sources that obtained a permit. As such, the addition of a permit-by-rule for these source categories will not impact emissions or air quality pursuant to Section 110(l) of the CAA. OAC 3745-31-05, 3745-31-13, and 3745-31-14 Revisions OAC 3745-31-05(A)(3)(a)(iv) has been added to Ohio's rules which says that Best Available Technology (BAT) is not required for sources subject to a plant-wide applicability limit (PAL). This addition is consistent with the expectation that a PAL established pursuant to OAC 3745-31-32 will supersede other applicable permitting requirements for that pollutant at a source. OAC 3745-31-05(A)(3)(f) and (g) have been added to Ohio's rules which establish minimum equivalent limits for BAT. OAC 3745-31-05(F) has been revised to add clarifying language regarding voluntary limits on allowable emissions. The rule revisions remove a section about site approval for portable sources, which was formerly at OAC 3745-31-05(H). Site approvals for portable sources are already addressed in OAC 3745-31- 03(B)(1)(p). The rule revisions include changes to OAC-3745-31-05(I), which addresses inter-divisional coordination within the Office of Enforcement and Compliance Assurance. The provisions in this section do not impact CAA requirements. OAC 3745-31-13(H)(1)(f) and OAC 3745-31-14(D) have been revised to add nitrogen oxides as an ozone pollutant. This revision is consistent with Federal rules. Grammatical Changes The rule revisions include a number of changes that are grammatical in nature which do not change the meaning of the rule requirements. For example, some changes remove the phrase ``the following'' ahead of a series of subparagraphs and remove the word ``or'' after each subparagraph. Another example is replacing the pronoun ``it'' with more specific wording to promote clarity. These changes are applied throughout the rule revisions and are too numerous to individually itemize, but are all minor and do not change the meaning of the rules. III. What action is EPA taking? EPA is proposing approval of the rule revisions to 3745-31-01, 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-11, 3745-31-13, and 3745- 31-14 that OEPA submitted on January 2, 2018, into the SIP. EPA finds that the revisions are consistent with Federal requirements. As requested by OEPA, the following provisions are not included in this proposed approval: OAC 3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and (BBBBBB); 3745-31- 03(B)(1)(p) and (C)(2)(c)(iii); 3745-31-05(A)(3)(a)(ii) and (E); and 3745-31-13(H)(1)(c). IV. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by [[Page 53835]] reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference revisions to OAC 3745-31-01 [with the exception of OAC 3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and (BBBBBB)], as effective on March 20, 2017; and OAC 3745-31-03 [with the exception of OAC 3745- 31-03(B)(1)(p) and (C)(2)(c)(iii)], OAC 3745-31-05 [with the exception of OAC 3745-31-05(A)(3)(a)(ii) and (E)], OAC 3745-31-06, OAC 3745-31- 11, OAC 3745-31-13 [with the exception of OAC 3745-31-13(H)(1)(c)], and OAC 3745-31-14, as effective on May 1, 2017. 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). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 11, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-23363 Filed 10-24-18; 8:45 am] BILLING CODE 6560-50-P
![53832 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Proposed Rules
Based on the FDIC’s estimation that 15 particular, would this proposal have any ENVIRONMENTAL PROTECTION
percent of institutions prepare this significant effects on small entities that AGENCY
material, the total annual cost for small the FDIC has not identified?
FDIC-supervised institutions is 40 CFR Part 52
estimated to be $63,988, or less than C. Plain Language
[EPA–R05–OAR–2018–0121; FRL–9985–85–
0.0005 percent of noninterest expenses Section 722 of the Gramm-Leach- Region 5]
for such institutions.17 Bliley Act, Public Law 106–102, 113
Also as described in Section IV above, Air Plan Approval; Ohio; Ohio Permit
Stat. 1338, 1471, 12 U.S.C. 4809,
in addition to the directly measurable Rules Revisions
requires each Federal banking agency to
cost savings, another potential benefit of
the proposed rule is that it frees up use plain language in all of its proposed AGENCY: Environmental Protection
institution staff time that would and final rules published after January Agency (EPA).
otherwise have been spent complying 1, 2000. As a Federal banking agency ACTION: Proposed rule.
with part 350. While this potential effect subject to the provisions of this section,
is difficult to accurately estimate with the FDIC has sought to present the SUMMARY: The Environmental Protection
available information, it is likely to be proposed rule to rescind part 350 in a Agency (EPA) is proposing to approve
small given that the disclosure burden simple and straightforward manner. The revisions to Ohio air permitting rules at
imposed by part 350 is a relatively small FDIC invites comments on whether the Ohio Administrative Code (OAC) 3745–
percentage of noninterest expenses for proposal is clearly stated and effectively 31 into the State Implementation Plan
small FDIC-supervised institutions. organized, and how the FDIC might (SIP) under the Clean Air Act (CAA).
The proposed rule does remove a make the proposal easier to understand. These revisions represent minor
disclosure requirement for affected changes to the air permitting rules the
D. The Economic Growth and Ohio Environmental Protection Agency
institutions; however, the FDIC believes
that the reduction will not have material Regulatory Paperwork Reduction Act (OEPA) adopted on April 21, 2016,
effects for customers, investors, or which became effective at the state level
Under section 2222 of EGRPRA, the on May 1, 2016.
counterparties. As discussed in Section FDIC is required to conduct a review at
III: The Proposal, extensive and timely DATES: Comments must be received on
least once every 10 years to identify any
financial information about individual or before November 26, 2018.
outdated or otherwise unnecessary
banks, as well as administrative regulations. The FDIC completed its ADDRESSES: Submit your comments,
enforcement actions, can be readily most recent comprehensive review of its identified by Docket ID No. EPA–R05–
obtained by the public on the internet. OAR–2018–0121 at http://
regulations under EGRPRA in 2017 and
Therefore, the FDIC believes that www.regulations.gov, or via email to
did not receive any comments from the
removal of this disclosure requirement damico.genevieve@epa.gov. For
public concerning part 350. The burden
with have not substantive effects on comments submitted at Regulations.gov,
financial market participants. reduction evidenced in this notice of
follow the online instructions for
Based on the information above, the proposed rulemaking is consistent with
submitting comments. Once submitted,
FDIC certifies that the proposed rule the objectives of the EGRPRA review
comments cannot be edited or removed
will not have a significant economic process. from Regulations.gov. For either manner
impact on a substantial number of small List of Subjects in 12 CFR Part 350 of submission, EPA may publish any
entities. comment received to its public docket.
The FDIC invites comments on all Accounting, Banks, banking, Do not submit electronically any
aspects of the supporting information Reporting and recordkeeping information you consider to be
provided in this RFA section. In requirements. Confidential Business Information (CBI)
For the reasons stated in the or other information whose disclosure is
and grossed-up to include benefits, through March restricted by statute. Multimedia
2018. The 75th percentile inflation and benefit- preamble, and under the authority of 12
submissions (audio, video, etc.) must be
adjusted hourly wage of management occupations U.S.C. 1817(a)(1), 1819 ‘‘Seventh’’ and
as of March 2018 is $124.13, and for financial accompanied by a written comment.
‘‘Tenth,’’ the Board of Directors of the
analysts is $84.47. Assuming the 1.5 hours are The written comment is considered the
equally divided between a manager and an analyst, Federal Deposit Insurance Corporation official comment and should include
this yields a total cost of (0.75 * $124.13) + (0.75 proposes to remove 12 CFR part 350. discussion of all points you wish to
* $84.47) = $156.45.
Hourly wages are from the Bureau of Labor make. EPA will generally not consider
PART 350—DISCLOSURE OF
Statistics (BLS) May 2017 National Industry- comments or comment contents located
FINANCIAL AND OTHER
Specific Occupational Employment and Wage outside of the primary submission (i.e.,
Estimates, https://www.bls.gov/oes/current/ INFORMATION BY FDIC-INSURED
on the web, cloud, or other file sharing
oessrci.htm. Wages are adjusted for inflation STATE NONMEMBER BANKS system). For additional submission
through March 2018 using the Seasonally Adjusted
All-items Consumer Price Index for All Urban methods, please contact the person
Consumers, https://data.bls.gov/PDQWeb/cu. The ■ 1. Part 350—[Removed and Reserved] identified in the FOR FURTHER
hourly wages are grossed-up to include benefits Remove and reserve part 350 INFORMATION CONTACT section. For the
based on Employer Cost for Employee
Compensation data as of March 2018, https:// consisting of §§ 350.1 through 350.12. full EPA public comment policy,
www.bls.gov/news.release/pdf/ecec.pdf. March Dated at Washington, DC, on October 17,
information about CBI or multimedia
daltland on DSKBBV9HB2PROD with PROPOSALS
2018 is the latest available period of Employer Cost
2018.
submissions, and general guidance on
for Employee Compensation data. The data on making effective comments, please visit
hourly wages, inflation, and employer cost for By order of the Board of Directors.
employee compensation was extracted on June 15, http://www2.epa.gov/dockets/
Federal Deposit Insurance Corporation.
2018. commenting-epa-dockets.
17 This equals 409 * $156.45, i.e., (2,725 * 0.15) Robert E. Feldman,
FOR FURTHER INFORMATION CONTACT: Sam
* $156.45, rounded to the nearest dollar. Executive Secretary.
Noninterest expenses are calculated from data
Portanova, Environmental Engineer, Air
[FR Doc. 2018–23042 Filed 10–24–18; 8:45 am] Permits Section, Air Programs Branch
reported in the June 30, 2018, Call Report, and
annualized. BILLING CODE P (AR–18J), Environmental Protection
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![Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Proposed Rules 53835
reference. In accordance with • Is not an economically significant manufacturing, labeling, and sale of
requirements of 1 CFR 51.5, EPA is regulatory action based on health or certain self-contained self-rescuer
proposing to incorporate by reference safety risks subject to Executive Order models. The National Institute for
revisions to OAC 3745–31–01 [with the 13045 (62 FR 19885, April 23, 1997); Occupational Safety and Health
exception of OAC 3745–31–01(I), • Is not a significant regulatory action (NIOSH) within the Centers for Disease
(NN)(2)(b) and (c), (SSS)(1)(b), subject to Executive Order 13211 (66 FR Control and Prevention, HHS, has
(CCCC)(2)(d) through (h), (QQQQ), 28355, May 22, 2001); determined that discontinuing the
(JJJJJ), and (BBBBBB)], as effective on • Is not subject to requirements of manufacturing, labeling, and sale of
March 20, 2017; and OAC 3745–31–03 Section 12(d) of the National certain self-contained self-rescuer
[with the exception of OAC 3745–31– Technology Transfer and Advancement models is likely to result in a shortage
03(B)(1)(p) and (C)(2)(c)(iii)], OAC Act of 1995 (15 U.S.C. 272 note) because of person-wearable large capacity escape
3745–31–05 [with the exception of OAC application of those requirements would respirators for underground coal miners
3745–31–05(A)(3)(a)(ii) and (E)], OAC be inconsistent with the CAA; and who rely on these devices.
3745–31–06, OAC 3745–31–11, OAC • Does not provide EPA with the DATES: Comments must be received by
3745–31–13 [with the exception of OAC discretionary authority to address, as November 26, 2018.
3745–31–13(H)(1)(c)], and OAC 3745– appropriate, disproportionate human
ADDRESSES:
31–14, as effective on May 1, 2017. EPA health or environmental effects, using
Written comments: You may submit
has made, and will continue to make, practicable and legally permissible
comments by any of the following
these documents generally available methods, under Executive Order 12898
methods:
through www.regulations.gov and at the (59 FR 7629, February 16, 1994). • Federal eRulemaking Portal: http://
EPA Region 5 Office (please contact the In addition, the SIP is not approved
www.regulations.gov. Follow the
person identified in the FOR FURTHER to apply on any Indian reservation land
instructions for submitting comments to
INFORMATION CONTACT section of this or in any other area where EPA or an
the docket.
preamble for more information). Indian tribe has demonstrated that a
• Mail: NIOSH Docket Office, Robert
tribe has jurisdiction. In those areas of
V. Statutory and Executive Order A. Taft Laboratories, MS–C34, 1090
Indian country, the rule does not have
Reviews Tusculum Avenue, Cincinnati, OH
tribal implications and will not impose
45226.
Under the CAA, the Administrator is substantial direct costs on tribal Instructions: All submissions received
required to approve a SIP submission governments or preempt tribal law as must include the agency name (Centers
that complies with the provisions of the specified by Executive Order 13175 (65 for Disease Control and Prevention,
CAA and applicable Federal regulations. FR 67249, November 9, 2000). HHS) and docket number (CDC–2018–
42 U.S.C. 7410(k); 40 CFR 52.02(a).
List of Subjects in 40 CFR Part 52 0068; NIOSH–318) or Regulation
Thus, in reviewing SIP submissions,
Environmental protection, Air Identifier Number (0920–AA67) for this
EPA’s role is to approve state choices,
pollution control, Carbon monoxide, rulemaking. All relevant comments,
provided that they meet the criteria of
Incorporation by reference, including any personal information
the CAA. Accordingly, this action
Intergovernmental relations, Nitrogen provided, will be posted without change
merely approves state law as meeting
dioxide, Ozone, Particulate matter, to http://www.regulations.gov. For
Federal requirements and does not
Reporting and recordkeeping detailed instructions on submitting
impose additional requirements beyond
requirements, Sulfur oxides, Volatile public comments, see the ‘‘Public
those imposed by state law. For that
organic compounds. Participation’’ heading of the
reason, this action:
SUPPLEMENTARY INFORMATION section of
• Is not a significant regulatory action Dated: October 11, 2018.
subject to review by the Office of this document.
Cathy Stepp, FOR FURTHER INFORMATION CONTACT:
Management and Budget under
Regional Administrator, Region 5. Rachel Weiss, Office of the Director,
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–23363 Filed 10–24–18; 8:45 am] NIOSH; 1090 Tusculum Avenue, MS:C–
January 21, 2011); BILLING CODE 6560–50–P 48, Cincinnati, OH 45226; telephone
• Is not an Executive Order 13771 (82 (855) 818–1629 (this is a toll-free
FR 9339, February 2, 2017) regulatory number); email NIOSHregs@cdc.gov.
action because SIP approvals are DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION:
exempted under Executive Order 12866; HUMAN SERVICES
I. Public Participation
• Does not impose an information
collection burden under the provisions 42 CFR Part 84 Interested parties may participate in
of the Paperwork Reduction Act (44 [Docket No. CDC–2018–0068; NIOSH–318] this rulemaking by submitting written
U.S.C. 3501 et seq.); views, opinions, recommendations, and
• Is certified as not having a RIN 0920–AA67 data. Comments received, including
significant economic impact on a attachments and other supporting
Removal of Compliance Deadline for
substantial number of small entities materials, are part of the public record
Closed-Circuit Escape Respirators
under the Regulatory Flexibility Act (5 and subject to public disclosure. Do not
U.S.C. 601 et seq.); AGENCY: Centers for Disease Control and include any information in your
• Does not contain any unfunded Prevention, HHS. comment or supporting materials that
daltland on DSKBBV9HB2PROD with PROPOSALS
mandate or significantly or uniquely ACTION: Notice of proposed rulemaking. you do not wish to be disclosed. You
affect small governments, as described may submit comments on any topic
in the Unfunded Mandates Reform Act SUMMARY: With this deregulatory action, related to this notice of proposed
of 1995 (Pub. L. 104–4); the Department of Health and Human rulemaking.
• Does not have Federalism Services (HHS) proposes to revise
implications as specified in Executive regulatory language which establishes a II. Statutory Authority
Order 13132 (64 FR 43255, August 10, deadline by which respirator Pursuant to the Occupational Safety
1999); manufacturers must discontinue the and Health (OSH) Act of 1970 (Pub. L.
VerDate Sep<11>2014 15:59 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\25OCP1.SGM 25OCP1](https://thefederalregister.org/doc/83_FR_54039/page/4.svg)
Document Created: 2018-10-25 01:44:48
Document Modified: 2018-10-25 01:44:48
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before November 26, 2018. | |
| Contact | Sam Portanova, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3189, [email protected] | |
| FR Citation | 83 FR 53832 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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