Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66197 

February 14, 2006 and October 6, 2006) 

establishing a gasoline RVP limit of 7.8 

psi for gasoline sold in the Cincinnati 

and Dayton areas. The revision 

specifically applied to the Cincinnati 

and Dayton areas in Ohio. EPA 

approved Ohio’s 7.8 psi RVP program 

on May 25, 2007 (72 FR 29269), 

including the program’s legal authority 

and administrative requirements found 

in the Ohio Administrative Code (OAC) 

rules 3745–72–1 to 8. 

On December 19, 2016, Ohio EPA 

submitted a SIP revision requesting that 

EPA approve the removal of the 7.8 psi 

RVP fuel applicability requirements 

from the Ohio SIP before the beginning 

of the 2017 ozone control period. The 

revision also included a section 110(l) 

demonstration addressing the emissions 

impacts associated with the removal of 

the program. On April 7, 2017 (82 FR 

16932) EPA approved the removal of the 

7.8 psi RVP fuel applicability 

requirements in the Cincinnati and 

Dayton areas from the Ohio SIP. In that 

action EPA determined that that 

removal of the 7.8 psi RVP fuel 

requirements would not interfere with 

attainment or maintenance of any of the 

National Ambient Air Quality Standards 

in the Cincinnati and Dayton areas and 

would not interfere with any other 

applicable requirement of the CAA, and 

thus, were approvable under CAA 

section 110(l). 

II. What is EPA proposing to approve? 

On February 5, 2018, Ohio EPA 

submitted to EPA a revision to the Ohio 

SIP for approval. In this action EPA is 

proposing to approve the removal of all 

OAC Chapter 3745–72 provisions from 

the Ohio SIP, as requested. Ohio EPA 

conducted a public hearing on this 

matter in Columbus, Ohio on December 

7, 2017. 

III. What is EPA’s analysis of the state’s 

submittal? 

On January 20, 2018, Ohio EPA 

rescinded rules in OAC 3745–72 that 

formerly established low RVP fuel 

requirements for the Cincinnati and 

Dayton areas. These rules were 

rescinded by Ohio EPA as they are no 

longer necessary since on April 7, 2017 

(82 FR 16932) EPA approved the 

removal of the 7.8 psi RVP fuel 

applicability requirements in the 

Cincinnati and Dayton areas from the 

Ohio ozone SIP. In that action EPA 

determined that that removal of the 7.8 

psi RVP fuel requirements would not 

interfere with attainment or 

maintenance of any of the National 

Ambient Air Quality Standards in the 

Cincinnati and Dayton areas and would 

not interfere with any other applicable 

requirement of the CAA, and thus, were 

approvable under CAA section 110(l). 

The removal of the remaining 

provisions in OAC Chapter 3745–72 

from the SIP is only administrative in 

nature and does not have any negative 

impact on air quality in the Cincinnati 

and Dayton areas. No emissions 

increases will result from the removal of 

the OAC Chapter 3745–72 provisions 

from the Ohio SIP. 

IV. What action is EPA proposing to 

take? 

EPA is proposing to approve the 

revision to the Ohio SIP submitted by 

the Ohio EPA on February 5, 2018, 

because the removal of remaining low 

RVP requirements in OAC Chapter 

3745–72 from the SIP meets all 

applicable requirements and it would 

not interfere with reasonable further 

progress or attainment of any of the 

national ambient air quality standards. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: December 6, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

[FR Doc. 2018–27905 Filed 12–21–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, 


amozie on DSK3GDR082PROD with PROPOSALS1
66198 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

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 

blakley.pamela@epa.gov. 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, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. 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 


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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66199 

1U.S. EPA. Managing Debris after a Natural 

Disaster: Evaluation of the Combustion of StormGenerated 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. 

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. 

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: 

• 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 


amozie on DSK3GDR082PROD with PROPOSALS1
66200 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2018–0572; FRL–9988–22– 

Region 5] 

Air Plan Approval; Ohio; 

Redesignation of the Cleveland Area to 

Attainment of the 2012 Annual 

Standard for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On July 24, 2018, the Ohio 

Environmental Protection Agency 

(Ohio) submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the Cleveland area to 

attainment of the 2012 annual national 

ambient air quality standards (NAAQS 

or standards) for fine particulate matter 

(PM2.5) under the Clean Air Act (CAA). 

EPA is proposing to grant Ohio’s 

request. EPA is proposing to determine 

that the Cleveland area has attained the 

2012 annual PM2.5 standard, based on 

the most recent three years of certified 

air quality data. EPA is proposing to 

approve a revision to the Ohio state 

implementation plan (SIP) that the 

Cleveland area meets the requirements 

for redesignation under the CAA and for 

the state’s maintenance plan for the 

2012 annual PM2.5 NAAQS through 

2030. Ohio’s maintenance plan 

submission includes motor vehicle 

emission budgets (MVEBs) for the 

mobile source contribution of PM2.5 and 

nitrogen oxides (NOX) to the Cleveland 

area for transportation conformity 

purposes; EPA is proposing to approve 

the MVEBs for 2022 and 2030 into the 

Ohio SIP. EPA is taking these actions in 

accordance with the CAA and EPA’s 

implementation regulations regarding 

the 2012 annual PM2.5 NAAQS. 

DATES: Comments must be received on 

or before January 25, 2019. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2018–0572 at http://

www.regulations.gov, or via email to 

blakley.pamela@epa.gov. 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: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What actions are EPA taking? 

II. What is the background for these actions? 

III. What are the criteria for redesignation to 

attainment? 

IV. What is EPA’s analysis of the state’s 

request? 

1. Attainment Determination (Section 

107(d)(3)(E)(i)) 

2. Section 110 and Part D Requirements, 

and Approval SIP under Section 110(k) 

(Section 107(d)(3)(E)(ii) and (v)) 

3. Permanent and Enforceable Reductions 

in Emissions (Section 107(d)(3)(E)(iii)) 

4. Maintenance Plan Pursuant to Section 

175A of the CAA (Section 

107(d)(3)(E)(iv)) 

5. Motor Vehicle Emissions Budget 

(MVEBs) for PM2.5 and NOX, and Safety 

Margin for the Cleveland Area 

V. What are the effects of EPA’s actions? 

VI. Statutory and Executive Order Reviews 

I. What actions are EPA taking? 

EPA is taking several actions related 

to the redesignation of the Cleveland 

area to attainment of the 2012 annual 

PM2.5 NAAQS. EPA is proposing that 

the Cleveland moderate nonattainment 

area is attaining the 2012 annual PM2.5

NAAQS. EPA is proposing to approve 

Ohio’s 2012 annual PM2.5 maintenance 

plan for the Cleveland area as a revision 

to the Ohio SIP. 

EPA is proposing to find that Ohio 

meets the requirements for 

redesignation of the Cleveland area to 

attainment of the 2012 annual PM2.5

NAAQS under section 107(d)(3)(E) of 

the CAA. EPA is thus proposing to grant 

Ohio’s request to change the designation 

of the Cleveland area from 

nonattainment to attainment of the 2012 

annual PM2.5 NAAQS. EPA’s analysis of 

these actions are discussed in Section IV 

of today’s rulemaking. 

II. What is the background for these 

actions? 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS to provide increased 

protection of public health from fine 

particle pollution (78 FR 3086; January 

15, 2013). In that action, EPA 

strengthened the primary annual PM2.5

standard from 15.0 micrograms per 

cubic meter (mg/m3) to 12.0 mg/m3, 

which is attained when the 3-year 

average of the annual arithmetic means 

does not exceed 12.0 mg/m3. On 

December 18, 2014, the EPA 

Administrator signed a final action 

promulgating initial designations for the 

2012 primary PM2.5 NAAQS based on 

2011–2013 air quality monitoring data 

for the majority of the United States. 

The Cleveland nonattainment area is in 

northeastern Ohio and includes 

Cuyahoga and Lorain counties. Ohio’s 

main PM2.5 components are primary 

particles (organic particles, crustal 

material, and elemental carbon) and 

NOX, which were included in the 

attainment demonstration analysis. 

Volatile organic compounds (VOCs), 

sulfur dioxide (SO2) and ammonia (NH3) 

were determined to be insignificant for 

attainment and New Source Review 

(NSR) purposes (83 FR 45193), based on 

a concentration-based contribution 

analysis and a sensitivity-based analysis 

conducted in accordance with the 


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