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[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Proposed Rules]
[Pages 76403-76405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30917]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0362; FRL-9939-76-Region 5]

Air Plan Approval; Ohio; Regional Haze Glatfelter BART SIP 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
extend the compliance date for the Best Available Retrofit Technology 
(BART) emission limits for sulfur dioxide (SO2) at the P.H. 
Glatfelter Company (Glatfelter) facility submitted as part of its State 
Implementation Plan (SIP) Revision on April 14, 2014. Specifically, EPA 
is proposing to extend the compliance date for the SO2 
emission limits applicable to Boilers No. 7 and No. 8 at Glatfelter by 
25 months, from December 31, 2014, to January 31, 2017. We have 
reviewed this SIP revision and concluded that it meets the requirements 
of the Clean Air Act and the regional haze rule and because BART 
requirements continue to be met.

DATES: Comments must be received on or before January 8, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0362, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted

[[Page 76404]]

during the Regional Office normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. The 
Regional Office official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0362. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Gilberto Alvarez, Environmental 
Scientist, at (312) 886-6143 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143, 
alvarez.gilberto@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 proposed action?
II. What is EPA's analysis of Ohio's April 14, 2014, SIP revision?
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this proposed action?

    On July 2, 2012, EPA approved Ohio's Regional Haze SIP (77 FR 
39177). Ohio's Regional Haze SIP included the applicability of BART to 
the State's only non-utility BART source, Glatfelter, in Chillicothe, 
Ohio. The BART requirement specified that two of the coal fired boilers 
at this facility, No. 7 and No. 8, install control technology to limit 
the amount of SO2 emissions from the boilers. The compliance 
date for BART emission reductions was scheduled to be December 31, 
2014. The compliance date was aligned with Glatfelter's expected 
compliance date for the Industrial Boiler Maximum Achievable Control 
Technology (MACT) requirements finalized by EPA in May, 2011 (76 FR 
28862).
    On February 6, 2014, Ohio EPA received a request from Glatfelter to 
extend the original compliance date to January 31, 2017. The extension 
request is based on the litigation, revision and new compliance date 
associated with the Industrial Boiler MACT. Under EPA regulations (40 
CFR 51.308(e)(1)(iv)), BART is to be implemented ``as expeditiously as 
practicable, but in no event later than 5 years after approval of the 
implementation plan revision.'' The required compliance date is July 2, 
2017.
    This rulemaking addresses an April 14, 2014, submission 
supplemented on July 27, 2015, from the Ohio EPA to extend the 
compliance date from December 31, 2014, to January 31, 2017. One of the 
requests within the April 14, 2014, SIP revision includes ``the 
requirement that P.H. Glatfelter submit an application for modification 
of the federally enforceable permit (that will include a compliance 
date outlining, at a minimum, the specific, selected control 
technologies and methods of compliance) from December 31, 2013, to 
requiring the submittal provide for sufficient time for Ohio EPA to 
include these requirements, along with any appropriate monitoring, 
record keeping and reporting requirements, in the federally enforceable 
permit by no later than January 31, 2017.''
    Ohio EPA supplemented their original submittal on July 27, 2015, 
with a revised federally enforceable permit for Glatfelter that 
included the new compliance date. Ohio EPA made the federally 
enforceable permit available for public comment on June 6, 2015, and 
comments were accepted through July 7, 2015. The Ohio EPA consulted the 
Federal Land Managers and included them in the public comment process. 
Two comments were received and those comments, along with Ohio EPA's 
responses were included in the July 27, 2015, submittal.

II. What is EPA's analysis of Ohio's April 14, 2014, SIP revision?

    The CAA and the Regional Haze Rule require BART controls to be 
installed as expeditiously as practicable, but in no event later than 
five years after approval of the Regional Haze implementation plan 
revision. As discussed in greater detail in section I of this proposed 
rulemaking, our proposed extension of the compliance date by 25 months, 
from December 31, 2014, to January 31, 2017, is consistent with the CAA 
and the Regional Haze Rule. The extension is justified by an 
expeditious schedule for the installation of multiple control 
technologies to meet the Boiler MACT.

III. Proposed Action

    EPA is proposing to approve a revision to the Ohio SIP submitted by 
the State of Ohio on April 14, 2014, supplemented on July 27, 2015, 
related to BART requirements for Glatfelter. Specifically, EPA is 
proposing to extend the compliance date for the SO2 emission 
limits applicable to Boilers No. 7 and No. 8 at Glatfelter by 25 months 
from December 31, 2014, to January 31, 2017.

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 Permit Number 0671010028--Final Division of Air Pollution 
Control Permit to Install for P.H. Glatfelter Company--Chillecothe 
facility, effective July 20, 2015. EPA has made, and will continue to 
make, these documents generally

[[Page 76405]]

available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES 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);
     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, Sulfur oxides.

    Dated: November 23, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-30917 Filed 12-8-15; 8:45 am]
BILLING CODE 6560-50-P
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