[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66197-66200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27777]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0393; FRL-9988-23-Region 5]


Air Plan Approval; Ohio; Open Burning Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the open burning standards in the Ohio State 
Implementation Plan (SIP) under the Clean Air Act (CAA). On June 4, 
2018, Ohio Environmental Protection Agency (Ohio) requested the 
approval of its revised open burning rules, which include adding 
requirements for air curtain burners,

[[Page 66198]]

allowing law enforcement to burn seized drugs, further restricting the 
materials that may burned, and updating definitions and references.

DATES: Comments must be received on or before January 25, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0393 at http://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#e0828c818b8c8599ce90818d858c81a0859081ce878f96"><span class="__cf_email__" data-cfemail="e2808e83898e879bcc92838f878e83a2879283cc858d94">[email protected]</span></a>. 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: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, <a href="/cdn-cgi/l/email-protection#bdcfdcc893d0dcc9c9d5d8cafdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="205241550e4d415454484557604550410e474f56">[email protected]</span></a>.

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 is EPA proposing to approve?
II. Why did Ohio request this SIP revision?
III. What is EPA's analysis of the revisions?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is EPA proposing to approve?

    EPA is proposing to approve revisions to Ohio's open burning rules 
submitted on June 4, 2018. The state submitted revisions to Ohio 
Administrative Code (OAC) Chapter 3745-19, ``Open Burning Standards.'' 
EPA proposes approving the revised OAC rules 3745-19-01, 3745-19-03, 
3745-19-04, and 3745-19-05 into the Ohio SIP.

II. Why did Ohio request this SIP revision?

    Ohio reviewed and revised its open burning rules to satisfy a state 
requirement to review its rules every five years. Ohio's submission 
includes additional revisions that the state made since the last EPA 
approval of OAC 3745-19 into the Ohio SIP on March 21, 2008 (73 FR 
15081).

III. What is EPA's analysis of the revisions?

    EPA evaluated the revisions to Ohio's open burning standards under 
the CAA. The rules as effective at the state level on April 30, 2018, 
were compared to rules approved into the Ohio SIP. The rules OAC 3745-
19-01, OAC 3745-19-03, OAC 3745-19-04, and OAC 3745-19-05 have changed. 
EPA evaluated the revisions within those rules.
    Ohio made minor revisions to rules OAC 3745-19-01, OAC 3745-19-03, 
OAC 3745-19-04, and OAC 3745-19-05 that update citations, renumber 
sections, and standardize formatting. EPA reviewed these minor 
revisions, found them acceptable, and is proposing their approval.

OAC 3745-19-01, ``Definitions''

    Ohio made additions to the definitions of agricultural waste and 
residential waste that are more restrictive than those contained in the 
current Ohio SIP. Ohio added definitions for air curtain burner, air 
curtain destructor, building materials, and inhabited building. Other 
open burning standards use these new definitions. OAC 3745-19-04(C)(6) 
uses air curtain burner and air curtain destructor. OAC 3745-19-
03(C)(3)(e) and 3745-19-04(B)(3)(e) use building material. OAC 3745-19-
03 and 3745-19-04 use inhabited building. Ohio also updated the 
incorporation by references. Ohio further updated the paragraphs to 
keep the definitions in alphabetical order and made other clerical 
revisions to OAC 3745-19-01. EPA finds that the additions and revisions 
to OAC 3745-19-01, ``Definitions'' support Ohio's open burning 
standards. EPA is proposing to approve the revisions.

OAC 3745-19-03, ``Open burning in restricted areas''

    The addition of OAC 3745-19-03 (B)(5) allows law enforcement 
agencies to burn seized drugs without notifying Ohio EPA. Ohio 
previously allowed this under the ``similar purposes'' provision of OAC 
3745-19-03 (B)(2). Ohio EPA concluded that adding OAC 3745-19-03 (B)(5) 
does not affect the scope of the rule and will not interfere with the 
attainment and maintenance of any National Ambient Air Quality Standard 
(NAAQS) and meets CAA section 110(l) requirements.
    Ohio moved OAC 3745-19-03 (D)(4) to (C)(4). Moving this paragraph 
on prescribed burns, such as horticultural, silvicultural, and prairie 
burns, alters the notification requirements. Events meeting the 
definition and conditions in the rule will require prior notification 
to Ohio EPA instead of the previous requirement of prior written 
permission from Ohio EPA. Ohio added conditions at OAC 3745-19-03 
(C)(4)(a) to (f). The party must meet the six conditions to burn that 
are more restrictive than the previous requirement. The conditions 
enhance notifications for the local fire department and public along 
with recordkeeping requirements.
    Ohio extended authorization for governmental agencies to burn for 
controlling disease and pests, subject to requirements specified in OAC 
3745-19-03(C)(1), to two additional health agencies, Ohio Department of 
Health and the Centers for Disease Control and Prevention. Ohio also 
revised OAC 3745-19-03 (C)(3)(b) and (e) to prohibit smoke from 
creating a visibility hazard and adding plastic and building materials 
to materials prohibited from being burned as agricultural waste.
    Ohio's revisions to OAC 3745-19-03 adds, restricts, or rearrange, 
existing standards such that it is reasonable to expect emissions from 
open burning will not increase. Thus, EPA concurs that the revisions to 
OAC 3745-19-03 will not interfere with the attainment or maintenance of 
air quality standards. EPA finds that the revisions to ``Open burning 
in restricted areas'' are acceptable and therefore proposes approval 
into the Ohio SIP.

OAC 3745-19-04, ``Open burning in unrestricted areas''

    Ohio added a size limit, 20 feet diameter and 10 feet height, for 
residential and agricultural waste burning in OAC 3745-19-04 (B)(3)(f). 
Waste piles larger than that size require prior notification to Ohio 
EPA with this revision. In such a situation, Ohio EPA will have an 
opportunity to review the burning plans and work with the regulated 
entity such that human health and the environment remain protected.
    Ohio added requirements for operating an air curtain burner at OAC 
3745-19-04(C)(6). The owner or operator must obtain permit-to-install 
and title V permits. OAC 3745-19-04(C)(6)(b) to (g) gives the 
restrictions

[[Page 66199]]

on the location of the air curtain burner along with operating 
conditions. Ohio EPA deems that adding OAC 3745-19-04(C)(6) does not 
affect the scope of the rule and will not interfere with the attainment 
and maintenance of any NAAQS and meets CAA section 110(l) requirements. 
EPA found that air curtain burners are a potential means of reducing 
waste volume while minimizing potentially harmful emissions, criteria 
and hazardous air pollutants, in its ``Managing Debris after a Natural 
Disaster'' report.\1\. Under CAA sections 111 and 129, operators of 
subject solid waste incinerators must obtain a title V permit. Air 
curtain burners regulated by 40 CFR 60.2974 or 60.3069 must obtain a 
title V permit. Ohio's rule ensures sources meet this permitting 
requirement.
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    \1\ U.S. EPA. Managing Debris after a Natural Disaster: 
Evaluation of the Combustion of Storm-Generated Vegetative and C&D 
Debris in an Air Curtain Burner: Source Emissions Measurement 
Results. U.S. Environmental Protection Agency, Washington, DC, EPA/
600/R-16/353, 2016.
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    The other revisions to OAC 3745-19-04 are similar to the revisions 
made in OAC 3745-19-03. Ohio added OAC 3745-19-04(B)(6) that allows law 
enforcement to burn seized drugs without notifying Ohio EPA. Ohio moved 
its prescribed burning rule from OAC 3745-19-04(C)(5) to (D)(2) while 
adding conditions like those in OAC 3745-19-03(C)(4). Ohio revised OAC 
3745-19-04(D), now (D)(1) with the addition of (D)(2), to include two 
additional agencies, Ohio Department of Health and the Centers for 
Disease Control and Prevention, into the requirements for health 
agencies to burn for controlling disease and pests. This is analogous 
to the revision of OAC 3745-19-03(C)(1). Further, Ohio revised the 
residential and agricultural waste burning requirements of OAC 3745-19-
04(B)(3) to prohibit smoke from creating a visibility hazard and adding 
plastic and building materials as prohibited materials. This revision 
is comparable to revisions to OAC 3745-19-03(C)(3)(b) and (e).
    Revisions that Ohio made to OAC 3745-19-04 that are similar to 
revisions made to OAC 3745-19-03 are acceptable for the same reasons. 
Namely, these revisions are to OAC 3745-19-04(B)(6), OAC 3745-19-
04(C)(6), OAC 3745-19-04(D)(1) and (2), plus the deletion of OAC 3745-
19-04(C)(5). It is reasonable to expect emissions from open burning 
will not increase from those revisions. The change to OAC 3745-19-
04(B)(3)(f) adds a restriction. The addition of OAC 3745-19-04(C)(6) 
regulates air curtain burners in a manner consistent with federal 
rules. EPA finds the revisions to OAC 3745-19-04 acceptable and thus is 
proposing the approval of this rule into the Ohio SIP.

OAC 3745-19-05, ``Permission to Individuals and Notification to the 
Ohio EPA''

    Ohio revised OAC 3745-19-05(A)(1) to clarify that applicants must 
submit the application to burn at least 10 business days prior to the 
burn. The revision also clarifies that open burning permissions are 
effective on the date of issuance. At OAC 3745-19-05(A)(2)(b), Ohio 
added fire size, quantity or acreage, as one of the required elements 
of the open burning application. Ohio revised OAC 3745-19-05(A)(3) to 
add ``when atmospheric conditions are appropriate'' to the elements the 
applicant must demonstrate it will satisfy for Ohio to grant permission 
to open burn.
    EPA finds that the revisions to OAC 3745-19-05 improve clarity. 
Adding the fire size will help Ohio evaluate the impacts from the fire 
while reviewing the application. Burning during favorable atmospheric 
conditions will avoid unnecessary impact on the public. EPA expects the 
revised rule to continue to protect air quality and therefore is 
proposing to approve OAC 3745-19-05.

IV. What action is EPA taking?

    EPA is proposing to approve revisions to the open burning standards 
in the Ohio SIP. EPA proposes approval of OAC 3745-19-01, OAC 3745-19-
03, OAC 3745-19-04, and OAC 3745-19-05, as submitted by Ohio on June 4, 
2018.

V. 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 Ohio Administrative Code Chapter 3745-19-01 ``Definitions,'' 
3745-19-03 ``Open burning in restricted areas,'' 3745-19-04 ``Open 
burning in unrestricted areas,'' and 3745-19-05 ``Permission to 
individuals and notifications to the Ohio EPA'', effective April 30, 
2018. 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).

VI. 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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 66200]]

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, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-27777 Filed 12-21-18; 8:45 am]
BILLING CODE 6560-50-P


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