33844 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969(42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a temporary safety zone 

that would prohibit persons and vessels 

from entering the upper reaches of 

Taylor Bayou Turning Basin unless 

authorized by the COTP or a designated 

representative. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.2. 

■ 2. Add § 165.T08–0914 to read as 

follows: 

§ 165.T08–0914 Safety Zone; Taylor Bayou 

Turning Basin, Port Arthur, TX. 

(a) Location. The following area is a 

safety zone: Navigable waters of Taylor 

Bayou Turning Basin north of latitude 

29°50′57.45′ N. These coordinates are 

based on WGS 84. 

(b) Definition. As used in this section, 

a designated representative means a 

Coast Guard coxswain, officer or petty 

officer, or a federal, state or local officer 

designated by or assisting the Captain of 

the Port Marine Safety Unit Port Arthur 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23 of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or a designated representative. 

(2) To request permission to enter, 

contact COTP or a designated 

representative on VHF–FM channel 16, 

or contact Vessel Traffic Service (VTS) 

Port Arthur on VHF–FM channel 65A or 

by telephone at 409–719–5070. Those 

persons or vessels permitted to enter the 

safety zone must comply with all lawful 

directions given by the COTP or a 

designated representative. 

(d) Enforcement date. This rule is 

effective without actual notice from July 

18, 2018 through January 31, 2023. For 

the purposes of enforcement, actual 

notice will be used from July 11, 2018 

through July 18, 2018. 

Dated: July 11, 2018. 

Jacqueline Twomey, 

Captain, U.S. Coast Guard, Captain of the 

Port Marine Safety Unit Port Arthur. 

[FR Doc. 2018–15295 Filed 7–17–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0164; FRL–9980– 

92—Region 5] 

Air Plan Approval; Ohio; Ohio NSR 

PM2.5 Precursors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to Ohio’s 

state implementation plan (SIP) as 

requested by the Ohio Environmental 

Protection Agency (OEPA) on March 10, 

2017, and supplemented on July 18, 

2017. The revisions to Ohio’s SIP 

implement certain EPA regulations for 

particulate matter smaller than 2.5 

micrometers (PM2.5) for nonattainment 

areas by establishing definitions related 

to PM2.5 and defining PM2.5 precursors. 

The revisions also incorporate the 

findings of a comprehensive precursor 

demonstration performed by OEPA, 

which determined that volatile organic 

compounds (VOC) and ammonia (NH3) 

are an insignificant source of PM2.5 for 

the purpose of new source review in 

nonattainment areas in Ohio. 

DATES: This final rule is effective on 

August 17, 2018. 


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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 33845 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0164. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or 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 

Charmagne Ackerman, Environmental 

Engineer, at (312) 886–0448 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charmagne Ackerman, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0448, 

ackerman.charmagne@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. Background 

II. What action is EPA taking? 

III. Incorporation by Reference. 

IV. Statutory and Executive Order Reviews. 

I. Background 

On March 10, 2017, OEPA submitted 

to EPA revisions to Ohio Administrative 

Code (OAC) chapter 3745–31–01. The 

revisions were made to implement the 

‘‘Fine Particulate Matter National 

Ambient Air Quality Standards: State 

Implementation Plan Requirements.’’ 

Subsequently, on July 18, 2017, OEPA 

submitted to EPA a letter clarifying the 

March 10, 2017 submittal. OEPA 

clarified that limited portions of OAC 

3745–31–01 should be included as a SIP 

revision. The revisions to OAC 3745– 

31–01, specifically, subparagraph 

(LLL)(6), paragraph (NNN), paragraph 

(WWWW), paragraph (NNNNN), 

paragraph (VVVVV), and subparagraph 

(LLLLLL)(2)(ee) will make the rule 

consistent with 40 CFR 51.165 and 40 

CFR 52.21. 

On March 29, 2018 (83 FR 13457), 

EPA published a notice of proposed 

rulemaking (NPR) proposing approval of 

Ohio’s March 10, 2017 SIP revision and 

clarification letter allowing for the 

approval of revisions to OAC 3745–31– 

01. The specific details of Ohio’s March 

10, 2017 SIP revision submittal, Ohio’s 

clarifying letter, and the rationale for 

EPA’s approval are discussed in the 

NPR and will not be restated here. EPA 

received three comments during the 

comment period on the proposed action. 

None of the comments were relevant to 

the rulemaking. 

II. What action is EPA taking? 

EPA is approving the SIP revision 

submittal. Ohio’s SIP revisions comply 

with regulations that EPA promulgated 

to address the PM2.5 NAAQS. EPA finds 

that these revisions implement the 

NNSR rules by defining precursors for 

PM2.5, as required by EPA’s regulations. 

EPA is approving the revisions to 

OAC 3745–31–01, specifically 

subparagraph (LLL)(6), paragraph 

(NNN), paragraph (WWWW), paragraph 

(NNNNN), paragraph (VVVVV), and 

subparagraph (LLLLLL)(2)(ee). EPA 

finds that the revisions are consistent 

with Federal requirements. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Ohio Regulations 

described in the amendments to 40 CFR 

part 52 set forth below. 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation. 

IV. 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 


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33846 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 17, 2018. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

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: July 9, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.1870, the table in paragraph 

(c) is amended under ‘‘Chapter 3745–31 

Permit-to Install New Sources and 

Permit-to-Install and Operate Program’’ 

by revising the entry for ‘‘3745–31–01’’ 

and adding an second entry for ‘‘3745– 

31–01’’ in numerical order to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED OHIO REGULATIONS

Ohio citation Title/subject Ohio effective 

date EPA approval date Notes 

*******

Chapter 3745–31 Permit-to Install New Sources and Permit-to-Install and Operate Program 

3745–31–01 ................ Definitions ................. 5/29/2014 6/2/2015, 80 FR 36477 .............. Except for (I), (NNN), (SSS)(1)(b), 

(QQQQ), (WWWW), (JJJJJ), (NNNNN), 

(VVVVV), (BBBBBB) and (LLLLLL)(2)(y). 

3745–31–01 ................ Definitions ................. 3/20/2017 7/18/2018, [Insert Federal Register citation].Only (LLL)(6), (NNN), (WWWW), 

(NNNNN), (VVVVV), and (LLLLLL)(2)(ee) 

* * * * * * * 

* * * * * 

[FR Doc. 2018–15254 Filed 7–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0099; FRL–9980– 

96—Region 5] 

Air Plan Approval; Minnesota; Flint 

Hills Sulfur Dioxide (SO2) Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Minnesota sulfur dioxide (SO2) State 

Implementation Plan (SIP) for the Flint 

Hills Resources, LLC Pine Bend 

Refinery (FHR) as submitted on 

February 8, 2017. The SIP revision 

pertains to the installation and removal 

of certain equipment at the refinery and 

amendments to certain emission limits, 

resulting in an overall decrease of SO2

emissions from FHR. 

DATES: This final rule is effective on 

August 17, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0099. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or 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 Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@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 being addressed by this document? 

II. What comments did we receive on the 

proposed action? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 


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