83_FR_56995 83 FR 56775 - Air Plan Approval; Ohio; Ohio Less Than 10 TPY BAT Exemption

83 FR 56775 - Air Plan Approval; Ohio; Ohio Less Than 10 TPY BAT Exemption

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56775-56777
FR Document2018-24815

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), revisions to Ohio's State Implementation Plan (SIP) as requested by the Ohio Environmental Protection Agency (OEPA) on May 22, 2018. OEPA has submitted, for approval, revisions that exempt sources that emit less than 10 tons per year (tpy) from the need to employ Best Available Technology (BAT). EPA is proposing to approve these revisions because they are consistent with Federal regulations governing state permit programs.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56775-56777]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24815]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0369 FRL-9986-29-Region 5]


Air Plan Approval; Ohio; Ohio Less Than 10 TPY BAT Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve, under the Clean Air Act (CAA), revisions to Ohio's State 
Implementation Plan (SIP) as requested by the Ohio Environmental 
Protection Agency (OEPA) on May 22, 2018. OEPA has submitted, for 
approval, revisions that exempt sources that emit less than 10 tons per 
year (tpy) from the need to employ Best Available Technology (BAT). EPA 
is proposing to approve these revisions because they are consistent 
with Federal regulations governing state permit programs.

DATES: Comments must be received on or before December 14, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0369 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: Richard Angelbeck, Environmental 
Scientist, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-9698, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What revisions did OEPA submit?
II. Do the revisions comply with section 110(l) of the Clean Air 
Act?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What revisions did OEPA submit?

    On May 22, 2018, OEPA submitted a SIP revision to Ohio 
Administrative Code (OAC) rule 3745-31-05(A)(3)(a)(ii), which is its 
BAT rule. This revision exempts the smaller emitting sources, those 
that emit less than 10 tpy of each criteria pollutant, from the need to 
employ BAT. OEPA's less than 10 tpy BAT exemption is currently in 
OEPA's OAC 3745-31-05(A)(3)(a)(ii) and reads: ``BAT is not required if 
the air contaminant source was installed or modified on or after August 
3, 2006 and has the potential to emit (PTE), taking into account air 
pollution controls installed on the source, less than ten tons per year 
of emissions of an air contaminant or precursor of an air contaminant 
for which a national ambient air quality standard has been adopted 
under the Clean Air Act.''
    Ohio's Federally approved construction program, OAC 3745-31 
(``Permits to Install New Sources of Pollution'') provides the 
authority for OEPA to issue Permits to Install (PTI) to new sources of 
air pollution or modifications to existing sources of air pollution. 
For attainment areas, the program was conditionally approved into 
Ohio's SIP on October 10, 2001 (66 FR 51570), and fully approved on 
January 22, 2003 (68 FR 2909). For nonattainment areas, the program was 
fully approved on January 10, 2002 (68 FR 1366). On February 20, 2013, 
OEPA's SIP was revised (78 FR 28547) to combine the PTI and Permit to 
Operate (PTO) programs into a single Permit to Install and Operate 
(PTIO) program so that a minor source not subject to title V of the 
Clean Air Act in Ohio would be issued a single PTIO instead of a PTI 
and a PTO permit.
    On August 3, 2006, the Ohio General Assembly passed Senate Bill 265 
(SB 265) which required OEPA to modify several of its BAT rules. OEPA's 
BAT is an air permitting mechanism to help control emissions in minor 
air permits. BAT can be any combination of work practices, air 
pollution control devices, raw material specifications, throughput 
limitations, source design characteristics, and OEPA does an evaluation 
of the annualized cost per ton of air pollutant removed when 
determining BAT. One of the changes implemented was the less than 10 
tpy BAT exemption. To implement the SB 265 changes, OEPA adopted 
revisions under OAC Chapter 3745-31-05(A)(3)(b) on November 20, 2006, 
which became effective on December 1, 2006. On January 18, 2008, OEPA 
requested that EPA approve this rule language as a revision to Ohio's 
SIP. EPA responded with a June 5, 2008 letter to OEPA indicating that 
the request was incomplete due to a lack of a CAA section 110(l) 
demonstration, thus returning the request back to OEPA. On June 2, 
2008, OEPA moved the language in OAC rule 3745-31-05 from paragraph 
(A)(3)(b) to (A)(3)(a)(ii) which became effective at the state level on 
June 30, 2008. The rule language contained in OAC rule 3745-31-
05(A)(3)(a)(ii) was carried over in OAC rule 3745-31-05, which was 
adopted on April 20, 2016, and became effective at the state level as 
of May 1, 2016, and is what OEPA is now requesting for EPA approval as 
a revision to its SIP. EPA considered this May 22, 2018 submittal to be 
complete.

II. Do the revisions comply with section 110(l) of the Clean Air Act?

    OEPA's May 22, 2018 SIP revision submittal included a 110(l) 
demonstration. This demonstration included an extensive analysis to 
show the impact that the less than 10 tpy BAT exemption would have on 
emissions. This analysis evaluated over 400 permits, representing more 
than 80

[[Page 56776]]

source classification codes and 36 different types of categories of 
sources. Each criteria pollutant was evaluated and then a comparison 
was made between the emission limit that would occur if BAT applied and 
if BAT did not apply to the less than 10 tpy sources. The analysis 
concludes that there would be a negligible increase in emissions due to 
the less than 10 tpy BAT exemption.
    The 110(l) demonstration included a quantitative and qualitative 
analysis. The analysis estimated an emission increase of 36.89 tpy of 
volatile organic compounds (VOC) emissions in attainment areas and 
nonattainment areas, combined, when applying the less than 10 tpy BAT 
exemption compared to BAT-based emissions. That increase in VOC 
emissions represented a very small amount (0.12%) of the total actual 
point source VOC emissions reported for that year, 2010 in Ohio.
    The 110(l) analysis estimated the VOC emission increases in the 
Ohio nonattainment areas combined, as well as to each of the three Ohio 
ozone nonattainment areas (Cleveland, Cincinnati, Columbus). This 
analysis links the estimated VOC increases to each of the Ohio ozone 
nonattainment areas and demonstrates that each nonattainment area will 
not be negatively impacted by the estimated increase in emissions. The 
analysis showed an estimated increase of 25.53 tpy of VOC in Ohio 
nonattainment areas which represented 0.2% of the 2010 total VOC 
emissions in Ohio. OEPA's analysis also quantified the estimated VOC 
increases in the three Ohio nonattainment areas: 18.65 tpy in the 
Cincinnati area, 4.88 tpy in the Cleveland/Akron/Lorain area, and 0 tpy 
in the Columbus area. OEPA's analysis further broke out the 18.65 tpy 
Cincinnati nonattainment area VOC emission increase to the following 
two areas: 13 tpy increase in Hamilton County, and 5.6 tpy in Butler 
County.
    To address the VOC emission increases in the Cincinnati and 
Cleveland nonattainment areas, OEPA opted to use VOC emission offsets 
to mitigate any possibility of adverse air quality impact that may 
result from the small increase in VOC emissions. These relied-upon 
emission offsets are from permanently shut down emission units at one 
facility in Ashtabula (4.88 tpy offset VOCs) and one facility in 
Hamilton (18.65 tpy offset VOCs) counties located in the Cincinnati and 
Cleveland nonattainment areas, respectively. The 4.88 tpy offset VOCs 
in Ashtabula County are from the permanently shut down emission unit 
R010 at the RMC USA Inc. facility (Facility ID 0204000423), the 
emission unit was permanently shut down on 7/16/2014. The 18.65 tpy 
offset VOCs in Hamilton County are from the permanently shut down 
emission unit P001 at the Rock-Tenn Converting Co. facility (Facility 
ID 1431070952), the emission unit was permanently shut down on 11/21/
2014. This 18.65 tpy offset VOCs is to offset the possible VOC 
increases in Hamilton and Butler Counties, combined. The VOC emission 
reductions have been verified and validated through OEPA's Stars II 
system and are considered creditable since they are surplus, 
quantifiable, permanent and federally enforceable. OEPA maintains a 
database of all emission reductions used for purpose of CAA 110(l) 
demonstrations and these VOC reductions will be tracked within this 
database to ensure they cannot be used again. OEPA has committed to 
permanently retire the 25.33 tpy of VOC emissions upon EPA's approval 
of this SIP revision and EPA's proposed approval of this SIP revision 
is based on that commitment. The VOC emission reductions from the 
permanent emission unit shut downs will offset the predicted VOC 
emissions increase in these VOC nonattainment areas resulting from the 
less than 10 tpy BAT exemption and ensure that plans to bring the VOC 
nonattainment with the NAAQS are not compromised and thus it is 
expected there will be no adverse impact on air quality.
    OEPA's 110(l) analysis demonstrated that the air quality will not 
be negatively impacted due to the small increase in emissions as result 
of the less than 10 tpy BAT exemption. OEPA's 110(l) analysis 
demonstrated that the VOC emission offsets from the shutdown emission 
units at the two facilities will counterbalance the estimated emission 
increase in VOC emissions due to the less than 10 tpy BAT exemption and 
will not have a negative impact on air quality nor cause backsliding 
from Ohio's reasonable further progress plans. OEPA will formally 
retire the VOC emission offsets in order to receive final approval of 
this SIP revision. OEPA's 110(l) analysis also demonstrated that the 
small increase in VOC emissions in Ohio's ozone attainment areas will 
not have a negative impact on air quality because the increase in VOC 
emissions is very small compared to the VOC emissions emitted state-
wide.

III. What action is EPA taking?

    EPA is proposing approval, into the SIP, of the rule revision to 
OAC 3745-31-05(A)(3)(a)(ii) that OEPA submitted on May 22, 2018. The 
SIP revision submitted, described in section I, above, is consistent 
with Federal regulations governing state permitting programs. See 
section II above. EPA is also soliciting comment on this proposed 
approval.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference revisions to Ohio Administrative Code 3745-31-
05(A)(3)(a)(ii), effective on May 1, 2016. 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);

[[Page 56777]]

     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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 30, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-24815 Filed 11-13-18; 8:45 am]
BILLING CODE 6560-50-P



                       Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules                                          56775

     direct costs on tribal governments or                   submissions (audio, video, etc.) must be              pollution. For attainment areas, the
     preempt tribal law.                                     accompanied by a written comment.                     program was conditionally approved
                                                             The written comment is considered the                 into Ohio’s SIP on October 10, 2001 (66
     List of Subjects in 40 CFR Part 52
                                                             official comment and should include                   FR 51570), and fully approved on
       Environmental protection, Air                         discussion of all points you wish to                  January 22, 2003 (68 FR 2909). For
     pollution control, Carbon monoxide,                     make. EPA will generally not consider                 nonattainment areas, the program was
     Incorporation by reference,                             comments or comment contents located                  fully approved on January 10, 2002 (68
     Intergovernmental relations, Nitrogen                   outside of the primary submission (i.e.               FR 1366). On February 20, 2013, OEPA’s
     dioxide, Ozone, Particulate matter,                     on the web, cloud, or other file sharing              SIP was revised (78 FR 28547) to
     Reporting and recordkeeping                             system). For additional submission                    combine the PTI and Permit to Operate
     requirements, Sulfur oxides, Volatile                   methods, please contact the person                    (PTO) programs into a single Permit to
     organic compounds.                                      identified in the FOR FURTHER                         Install and Operate (PTIO) program so
        Authority: 42 U.S.C. 7401 et seq.                    INFORMATION CONTACT section. For the                  that a minor source not subject to title
                                                             full EPA public comment policy,                       V of the Clean Air Act in Ohio would
       Dated: November 6, 2018.
                                                             information about CBI or multimedia                   be issued a single PTIO instead of a PTI
     Onis ‘‘Trey’’ Glenn, III,                               submissions, and general guidance on                  and a PTO permit.
     Regional Administrator, Region 4.                       making effective comments, please visit                  On August 3, 2006, the Ohio General
     [FR Doc. 2018–24819 Filed 11–13–18; 8:45 am]            http://www2.epa.gov/dockets/                          Assembly passed Senate Bill 265 (SB
     BILLING CODE 6560–50–P                                  commenting-epa-dockets.                               265) which required OEPA to modify
                                                             FOR FURTHER INFORMATION CONTACT:                      several of its BAT rules. OEPA’s BAT is
                                                             Richard Angelbeck, Environmental                      an air permitting mechanism to help
     ENVIRONMENTAL PROTECTION                                Scientist, Air Permits Section, Air                   control emissions in minor air permits.
     AGENCY                                                  Programs Branch (AR–18J),                             BAT can be any combination of work
                                                             Environmental Protection Agency,                      practices, air pollution control devices,
     40 CFR Part 52                                          Region 5, 77 West Jackson Boulevard,                  raw material specifications, throughput
     [EPA–R05–OAR–2018–0369 FRL–9986–29–                     Chicago, Illinois 60604, (312) 886–9698,              limitations, source design
     Region 5]                                               angelbeck.richard@epa.gov.                            characteristics, and OEPA does an
                                                             SUPPLEMENTARY INFORMATION:                            evaluation of the annualized cost per
     Air Plan Approval; Ohio; Ohio Less                      Throughout this document whenever                     ton of air pollutant removed when
     Than 10 TPY BAT Exemption                               ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           determining BAT. One of the changes
                                                             EPA. This supplementary information                   implemented was the less than 10 tpy
     AGENCY:  Environmental Protection
                                                             section is arranged as follows:                       BAT exemption. To implement the SB
     Agency (EPA).
                                                                                                                   265 changes, OEPA adopted revisions
     ACTION: Proposed rule.                                  I. What revisions did OEPA submit?                    under OAC Chapter 3745–31–
                                                             II. Do the revisions comply with section
     SUMMARY:   The Environmental Protection                      110(l) of the Clean Air Act?
                                                                                                                   05(A)(3)(b) on November 20, 2006,
     Agency (EPA) is proposing to approve,                   III. What action is EPA taking?                       which became effective on December 1,
     under the Clean Air Act (CAA),                          IV. Incorporation by Reference                        2006. On January 18, 2008, OEPA
     revisions to Ohio’s State                               V. Statutory and Executive Order Reviews              requested that EPA approve this rule
     Implementation Plan (SIP) as requested                                                                        language as a revision to Ohio’s SIP.
                                                             I. What revisions did OEPA submit?                    EPA responded with a June 5, 2008
     by the Ohio Environmental Protection
                                                                On May 22, 2018, OEPA submitted a                  letter to OEPA indicating that the
     Agency (OEPA) on May 22, 2018. OEPA
                                                             SIP revision to Ohio Administrative                   request was incomplete due to a lack of
     has submitted, for approval, revisions
                                                             Code (OAC) rule 3745–31–                              a CAA section 110(l) demonstration,
     that exempt sources that emit less than
                                                             05(A)(3)(a)(ii), which is its BAT rule.               thus returning the request back to
     10 tons per year (tpy) from the need to
                                                             This revision exempts the smaller                     OEPA. On June 2, 2008, OEPA moved
     employ Best Available Technology
                                                             emitting sources, those that emit less                the language in OAC rule 3745–31–05
     (BAT). EPA is proposing to approve
                                                             than 10 tpy of each criteria pollutant,               from paragraph (A)(3)(b) to (A)(3)(a)(ii)
     these revisions because they are                        from the need to employ BAT. OEPA’s                   which became effective at the state level
     consistent with Federal regulations                     less than 10 tpy BAT exemption is                     on June 30, 2008. The rule language
     governing state permit programs.                        currently in OEPA’s OAC 3745–31–                      contained in OAC rule 3745–31–
     DATES: Comments must be received on                     05(A)(3)(a)(ii) and reads: ‘‘BAT is not               05(A)(3)(a)(ii) was carried over in OAC
     or before December 14, 2018.                            required if the air contaminant source                rule 3745–31–05, which was adopted on
     ADDRESSES: Submit your comments,                        was installed or modified on or after                 April 20, 2016, and became effective at
     identified by Docket ID No. EPA–R05–                    August 3, 2006 and has the potential to               the state level as of May 1, 2016, and is
     OAR–2018–0369 at http://                                emit (PTE), taking into account air                   what OEPA is now requesting for EPA
     www.regulations.gov, or via email to                    pollution controls installed on the                   approval as a revision to its SIP. EPA
     damico.genevieve@epa.gov. For                           source, less than ten tons per year of                considered this May 22, 2018 submittal
     comments submitted at Regulations.gov,                  emissions of an air contaminant or                    to be complete.
     follow the online instructions for                      precursor of an air contaminant for
     submitting comments. Once submitted,                    which a national ambient air quality                  II. Do the revisions comply with section
     comments cannot be edited or removed                    standard has been adopted under the                   110(l) of the Clean Air Act?
     from Regulations.gov. For either manner                 Clean Air Act.’’                                         OEPA’s May 22, 2018 SIP revision
     of submission, EPA may publish any                         Ohio’s Federally approved                          submittal included a 110(l)
     comment received to its public docket.                  construction program, OAC 3745–31                     demonstration. This demonstration
     Do not submit electronically any                        (‘‘Permits to Install New Sources of                  included an extensive analysis to show
     information you consider to be                          Pollution’’) provides the authority for               the impact that the less than 10 tpy BAT
     Confidential Business Information (CBI)                 OEPA to issue Permits to Install (PTI) to             exemption would have on emissions.
     or other information whose disclosure is                new sources of air pollution or                       This analysis evaluated over 400
     restricted by statute. Multimedia                       modifications to existing sources of air              permits, representing more than 80


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     56776             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules

     source classification codes and 36                      (Facility ID 0204000423), the emission                submitted, described in section I, above,
     different types of categories of sources.               unit was permanently shut down on 7/                  is consistent with Federal regulations
     Each criteria pollutant was evaluated                   16/2014. The 18.65 tpy offset VOCs in                 governing state permitting programs.
     and then a comparison was made                          Hamilton County are from the                          See section II above. EPA is also
     between the emission limit that would                   permanently shut down emission unit                   soliciting comment on this proposed
     occur if BAT applied and if BAT did not                 P001 at the Rock-Tenn Converting Co.                  approval.
     apply to the less than 10 tpy sources.                  facility (Facility ID 1431070952), the
     The analysis concludes that there would                 emission unit was permanently shut                    IV. Incorporation by Reference
     be a negligible increase in emissions                   down on 11/21/2014. This 18.65 tpy                      In this rule, EPA is proposing to
     due to the less than 10 tpy BAT                         offset VOCs is to offset the possible VOC             include in a final EPA rule regulatory
     exemption.                                              increases in Hamilton and Butler                      text that includes incorporation by
        The 110(l) demonstration included a                  Counties, combined. The VOC emission                  reference. In accordance with
     quantitative and qualitative analysis.                  reductions have been verified and                     requirements of 1 CFR 51.5, EPA is
     The analysis estimated an emission                      validated through OEPA’s Stars II                     proposing to incorporate by reference
     increase of 36.89 tpy of volatile organic               system and are considered creditable                  revisions to Ohio Administrative Code
     compounds (VOC) emissions in                            since they are surplus, quantifiable,                 3745–31–05(A)(3)(a)(ii), effective on
     attainment areas and nonattainment                      permanent and federally enforceable.                  May 1, 2016. EPA has made, and will
     areas, combined, when applying the less                 OEPA maintains a database of all                      continue to make, these documents
     than 10 tpy BAT exemption compared                      emission reductions used for purpose of               generally available through
     to BAT-based emissions. That increase                   CAA 110(l) demonstrations and these                   www.regulations.gov and at the EPA
     in VOC emissions represented a very                     VOC reductions will be tracked within                 Region 5 Office (please contact the
     small amount (0.12%) of the total actual                this database to ensure they cannot be                person identified in the FOR FURTHER
     point source VOC emissions reported                     used again. OEPA has committed to                     INFORMATION CONTACT section of this
     for that year, 2010 in Ohio.                            permanently retire the 25.33 tpy of VOC               preamble for more information).
        The 110(l) analysis estimated the VOC                emissions upon EPA’s approval of this
     emission increases in the Ohio                          SIP revision and EPA’s proposed                       V. Statutory and Executive Order
     nonattainment areas combined, as well                   approval of this SIP revision is based on             Reviews
     as to each of the three Ohio ozone                      that commitment. The VOC emission                        Under the CAA, the Administrator is
     nonattainment areas (Cleveland,                         reductions from the permanent emission                required to approve a SIP submission
     Cincinnati, Columbus). This analysis                    unit shut downs will offset the                       that complies with the provisions of the
     links the estimated VOC increases to                    predicted VOC emissions increase in                   CAA and applicable Federal regulations.
     each of the Ohio ozone nonattainment                    these VOC nonattainment areas                         42 U.S.C. 7410(k); 40 CFR 52.02(a).
     areas and demonstrates that each                        resulting from the less than 10 tpy BAT               Thus, in reviewing SIP submissions,
     nonattainment area will not be                          exemption and ensure that plans to                    EPA’s role is to approve state choices,
     negatively impacted by the estimated                    bring the VOC nonattainment with the                  provided that they meet the criteria of
     increase in emissions. The analysis                     NAAQS are not compromised and thus                    the CAA. Accordingly, this action
     showed an estimated increase of 25.53                   it is expected there will be no adverse               merely approves state law as meeting
     tpy of VOC in Ohio nonattainment areas                  impact on air quality.                                Federal requirements and does not
     which represented 0.2% of the 2010                         OEPA’s 110(l) analysis demonstrated                impose additional requirements beyond
     total VOC emissions in Ohio. OEPA’s                     that the air quality will not be                      those imposed by state law. For that
     analysis also quantified the estimated                  negatively impacted due to the small                  reason, this action:
     VOC increases in the three Ohio                         increase in emissions as result of the                   • Is not a significant regulatory action
     nonattainment areas: 18.65 tpy in the                   less than 10 tpy BAT exemption.                       subject to review by the Office of
     Cincinnati area, 4.88 tpy in the                        OEPA’s 110(l) analysis demonstrated                   Management and Budget under
     Cleveland/Akron/Lorain area, and 0 tpy                  that the VOC emission offsets from the                Executive Orders 12866 (58 FR 51735,
     in the Columbus area. OEPA’s analysis                   shutdown emission units at the two                    October 4, 1993) and 13563 (76 FR 3821,
     further broke out the 18.65 tpy                         facilities will counterbalance the                    January 21, 2011);
     Cincinnati nonattainment area VOC                       estimated emission increase in VOC                       • Is not an Executive Order 13771 (82
     emission increase to the following two                  emissions due to the less than 10 tpy                 FR 9339, February 2, 2017) regulatory
     areas: 13 tpy increase in Hamilton                      BAT exemption and will not have a                     action because SIP approvals are
     County, and 5.6 tpy in Butler County.                   negative impact on air quality nor cause              exempted under Executive Order 12866;
        To address the VOC emission                          backsliding from Ohio’s reasonable                       • Does not impose an information
     increases in the Cincinnati and                         further progress plans. OEPA will                     collection burden under the provisions
     Cleveland nonattainment areas, OEPA                     formally retire the VOC emission offsets              of the Paperwork Reduction Act (44
     opted to use VOC emission offsets to                    in order to receive final approval of this            U.S.C. 3501 et seq.);
     mitigate any possibility of adverse air                 SIP revision. OEPA’s 110(l) analysis also                • Is certified as not having a
     quality impact that may result from the                 demonstrated that the small increase in               significant economic impact on a
     small increase in VOC emissions. These                  VOC emissions in Ohio’s ozone                         substantial number of small entities
     relied-upon emission offsets are from                   attainment areas will not have a                      under the Regulatory Flexibility Act (5
     permanently shut down emission units                    negative impact on air quality because                U.S.C. 601 et seq.);
     at one facility in Ashtabula (4.88 tpy                  the increase in VOC emissions is very                    • Does not contain any unfunded
     offset VOCs) and one facility in                        small compared to the VOC emissions                   mandate or significantly or uniquely
     Hamilton (18.65 tpy offset VOCs)                        emitted state-wide.                                   affect small governments, as described
     counties located in the Cincinnati and                                                                        in the Unfunded Mandates Reform Act
     Cleveland nonattainment areas,                          III. What action is EPA taking?                       of 1995 (Pub. L. 104–4);
     respectively. The 4.88 tpy offset VOCs                     EPA is proposing approval, into the                   • Does not have Federalism
     in Ashtabula County are from the                        SIP, of the rule revision to OAC 3745–                implications as specified in Executive
     permanently shut down emission unit                     31–05(A)(3)(a)(ii) that OEPA submitted                Order 13132 (64 FR 43255, August 10,
     R010 at the RMC USA Inc. facility                       on May 22, 2018. The SIP revision                     1999);


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                       Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules                                            56777

        • Is not an economically significant                 requirements of section 110 of the Clean              III. EPA’s Review
     regulatory action based on health or                    Air Act (CAA) for the 2012 annual fine                IV. What action is EPA taking?
     safety risks subject to Executive Order                 particulate matter (PM2.5) National                   V. Statutory and Executive Order Reviews
     13045 (62 FR 19885, April 23, 1997);                    Ambient Air Quality Standard (NAAQS                   I. What is the background of this SIP
        • Is not a significant regulatory action             or standard). The infrastructure                      submission?
     subject to Executive Order 13211 (66 FR                 requirements are designed to ensure that
     28355, May 22, 2001);                                                                                            This rulemaking addresses a
                                                             the structural components of each
        • Is not subject to requirements of                                                                        submission from the Michigan
                                                             state’s air quality management program
     Section 12(d) of the National                                                                                 Department of Environmental Quality
                                                             are adequate to meet the state’s
     Technology Transfer and Advancement                     responsibilities under the CAA. This                  dated March 23, 2017, which describes
     Act of 1995 (15 U.S.C. 272 note) because                action pertains specifically to                       its infrastructure SIP for the 2012
     application of those requirements would                 infrastructure requirements concerning                annual PM2.5 NAAQS (78 FR 3086).
     be inconsistent with the CAA; and                       interstate transport provisions.                      Specifically, this rulemaking addresses
        • Does not provide EPA with the                                                                            the portion of the submission dealing
                                                             DATES: Comments must be received on
     discretionary authority to address, as                                                                        with interstate pollution transport under
                                                             or before December 14, 2018.
     appropriate, disproportionate human                                                                           CAA Section 110(a)(2)(D)(i), otherwise
                                                             ADDRESSES: Submit your comments,                      known as the ‘‘good neighbor’’
     health or environmental effects, using                  identified by Docket ID No. EPA–R05–
     practicable and legally permissible                                                                           provision. The requirement for states to
                                                             OAR–2017–0191 at http://                              make a SIP submission of this type
     methods, under Executive Order 12898                    www.regulations.gov, or via email to
     (59 FR 7629, February 16, 1994).                                                                              arises from Section 110(a)(1) of the
                                                             blakley.pamela@epa.gov. For comments                  CAA. Pursuant to Section 110(a)(1),
        In addition, the SIP is not approved                 submitted at Regulations.gov, follow the
     to apply on any Indian reservation land                                                                       states must submit ‘‘within 3 years (or
                                                             online instructions for submitting                    such shorter period as the Administrator
     or in any other area where EPA or an                    comments. Once submitted, comments
     Indian tribe has demonstrated that a                                                                          may prescribe) after the promulgation of
                                                             cannot be edited or removed from                      a national primary ambient air quality
     tribe has jurisdiction. In those areas of               Regulations.gov. For either manner of
     Indian country, the rule does not have                                                                        standard (or any revision thereof),’’ a
                                                             submission, EPA may publish any                       plan that provides for the
     tribal implications and will not impose                 comment received to its public docket.
     substantial direct costs on tribal                                                                            ‘‘implementation, maintenance, and
                                                             Do not submit electronically any                      enforcement’’ of such NAAQS. The
     governments or preempt tribal law as                    information you consider to be
     specified by Executive Order 13175 (65                                                                        statute directly imposes on states the
                                                             Confidential Business Information (CBI)               duty to make these SIP submissions,
     FR 67249, November 9, 2000).                            or other information whose disclosure is              and the requirement to make the
     List of Subjects in 40 CFR Part 52                      restricted by statute. Multimedia                     submissions is not conditioned upon
       Environmental protection, Air                         submissions (audio, video, etc.) must be              EPA’s taking any action other than
     pollution control, Carbon monoxide,                     accompanied by a written comment.                     promulgating a new or revised NAAQS.
     Incorporation by reference,                             The written comment is considered the                 Section 110(a)(2) includes a list of
     Intergovernmental relations, Lead,                      official comment and should include                   specific elements that ‘‘[e]ach such
     Nitrogen dioxide, Ozone, Particulate                    discussion of all points you wish to                  plan’’ submission must address. EPA
     matter, Reporting and recordkeeping                     make. EPA will generally not consider                 commonly refers to such state plans as
     requirements, Sulfur oxides, Volatile                   comments or comment contents located                  ‘‘infrastructure SIPs.’’
     organic compounds.                                      outside of the primary submission (i.e.
                                                             on the web, cloud, or other file sharing              II. What guidance and memoranda is
       Dated: October 30, 2018.                              system). For additional submission                    EPA using to evaluate this SIP
     Cathy Stepp,                                            methods, please contact the person                    submission?
     Regional Administrator, Region 5.                       identified in the FOR FURTHER                            EPA highlighted the statutory
     [FR Doc. 2018–24815 Filed 11–13–18; 8:45 am]            INFORMATION CONTACT section. For the                  requirement to submit infrastructure
     BILLING CODE 6560–50–P                                  full EPA public comment policy,                       SIPs within three years of promulgation
                                                             information about CBI or multimedia                   of a new NAAQS in an October 2, 2007,
                                                             submissions, and general guidance on                  guidance document entitled ‘‘Guidance
     ENVIRONMENTAL PROTECTION                                making effective comments, please visit               on SIP Elements Required Under
     AGENCY                                                  http://www2.epa.gov/dockets/                          Sections 110(a)(1) and (2) for the 1997
                                                             commenting-epa-dockets.                               8-hour Ozone and PM2.5 National
     40 CFR Part 52                                          FOR FURTHER INFORMATION CONTACT:                      Ambient Air Quality Standards’’ (2007
     [EPA–R05–OAR–2017–0191; FRL–9986–30–                    Anthony Maietta, Environmental                        guidance). EPA has issued additional
     Region 5]                                               Protection Specialist, Control Strategies             guidance documents and memoranda,
                                                             Section, Air Programs Branch (AR–18J),                including a September 13, 2013,
     Air Plan Approval; Michigan;                            Environmental Protection Agency,                      guidance document titled ‘‘Guidance on
     Infrastructure SIP Requirements for                     Region 5, 77 West Jackson Boulevard,                  Infrastructure State Implementation
     the 2012 PM2.5 NAAQS; Multistate                        Chicago, Illinois 60604, (312) 353–8777,              Plan (SIP) Elements under Clean Air Act
     Transport                                               maietta.anthony@epa.gov.                              Sections 110(a)(1) and 110(a)(2)’’ (2013
     AGENCY:  Environmental Protection                       SUPPLEMENTARY INFORMATION:                            guidance).
     Agency (EPA).                                           Throughout this document whenever                        The most recent relevant document is
     ACTION: Proposed rule.                                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           a memorandum published on March 17,
                                                             EPA. This supplementary information                   2016, titled ‘‘Information on the
     SUMMARY:   The Environmental Protection                 section is arranged as follows:                       Interstate Transport ‘‘Good Neighbor’’
     Agency (EPA) is proposing to approve                    I. What is the background of this SIP                 Provision for the 2012 Fine Particulate
     elements of the State Implementation                         submission?                                      Matter National Ambient Air Quality
     Plan (SIP) submission from Michigan                     II. What guidance and memoranda is EPA                Standards under Clean Air Act Section
     regarding the infrastructure                                 using to evaluate this SIP submission?           110(a)(2)(D)(i)(I)’’ (2016 memorandum).


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Document Created: 2018-11-14 03:31:27
Document Modified: 2018-11-14 03:31:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before December 14, 2018.
ContactRichard Angelbeck, Environmental Scientist, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9698, [email protected]
FR Citation83 FR 56775 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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