66196 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this proposed 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 proposed 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); 

• This action is not expected to be an 

Executive Order 13771 regulatory action 

because this action is not significant 

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 Clean Air Act; 

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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 17, 2018. 

Alexandra Dunn, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2018–27773 Filed 12–21–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2018–0103; FRL–9988–24– 

Region 5] 

Air Plan Approval; Ohio; Removal of 

Obsolete Gasoline Volatility 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

request submitted by the Ohio 

Environmental Protection Agency (Ohio 

EPA) on February 5, 2018, to revise the 

Ohio State Implementation Plan (SIP) 

under the Clean Air Act (CAA). Ohio 

EPA is requesting to remove from the 

SIP the remaining provisions of the 

Ohio Administrative Code concerning 

the State’s former 7.8 pounds per square 

inch (psi) Reid vapor pressure (RVP) 

fuel requirements for the Cincinnati and 

Dayton areas. In a previous action, EPA 

approved the removal of the 7.8 psi RVP 

fuel applicability requirements in the 

Cincinnati and Dayton areas as a 

component of the Ohio SIP, including 

the approval of a demonstration under 

section 110(l) of the Clean Air Act 

(CAA) that addressed emissions impacts 

associated with the removal of the 

program. 

DATES: Comments must be received on 

or before January 25, 2019. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2018–0103 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: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is EPA proposing to approve? 

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

submittal? 

IV. What action is EPA proposing to take? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On April 15, 2004, EPA designated 

Hamilton, Butler, Clinton, Warren and 

Clermont counties (Cincinnati area) and 

Clark, Greene, Miami, and Montgomery 

counties (Dayton area) as nonattainment 

for the 8-hour ozone standard. As part 

of Ohio’s efforts to bring these areas into 

attainment of the ozone standard, the 

State adopted and implemented a broad 

range of ozone control measures for the 

areas including the implementation of a 

7.8 psi RVP fuel program that was more 

stringent than the Federal 9.0 psi RVP 

requirement. The Ohio EPA originally 

submitted a SIP revision to EPA (on 


amozie on DSK3GDR082PROD with PROPOSALS1
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