[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33844-33846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15254]


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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.

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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 (PM<INF>2.5</INF>) for nonattainment areas 
by establishing definitions related to PM<INF>2.5</INF> and defining 
PM<INF>2.5</INF> precursors. The revisions also incorporate the 
findings of a comprehensive precursor demonstration performed by OEPA, 
which determined that volatile organic compounds (VOC) and ammonia 
(NH<INF>3</INF>) are an insignificant source of PM<INF>2.5</INF> for 
the purpose of new source review in nonattainment areas in Ohio.

DATES: This final rule is effective on August 17, 2018.

[[Page 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, <a href="/cdn-cgi/l/email-protection#69080a020c1b040807470a01081b04080e070c290c1908470e061f"><span class="__cf_email__" data-cfemail="4d2c2e26283f202c23632e252c3f202c2a23280d283d2c632a223b">[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. 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 
PM<INF>2.5</INF> NAAQS. EPA finds that these revisions implement the 
NNSR rules by defining precursors for PM<INF>2.5</INF>, 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:
    <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 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

[[Page 33846]]

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

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  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:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
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                                                     Ohio effective
         Ohio citation              Title/subject         date        EPA approval date           Notes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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             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     Except for (I), (NNN),
                                                                      36477.              (SSS)(1)(b), (QQQQ),
                                                                                          (WWWW), (JJJJJ),
                                                                                          (NNNNN), (VVVVV),
                                                                                          (BBBBBB) and
                                                                                          (LLLLLL)(2)(y).
3745-31-01.....................  Definitions.......       3/20/2017  7/18/2018, [Insert  Only (LLL)(6), (NNN),
                                                                      Federal Register    (WWWW), (NNNNN),
                                                                      citation].          (VVVVV), and
                                                                                          (LLLLLL)(2)(ee)
 
                                                  * * * * * * *
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[FR Doc. 2018-15254 Filed 7-17-18; 8:45 am]
 BILLING CODE 6560-50-P


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