This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

45193 

Vol. 83, No. 173 

Thursday, September 6, 2018 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0644; FRL–9982– 

96—Region 5] 

Air Plan Approval; Ohio; Cleveland, 

PM2.5 Attainment Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On October 14, 2016, the 

Ohio Environmental Protection Agency 

(OEPA) submitted a State 

Implementation Plan (SIP) submission 

for the 2012 Fine Particle (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS) for the Cleveland 

nonattainment area. EPA proposed to 

approve the state’s submittal on June 4, 

2018. 

DATES: This final rule is effective on 

October 9, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2016–0644. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 

http://www.regulations.gov, or please 

contact the person identified in the ‘‘For 

Further Information Contact’’ section for 

additional availability information. 

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, wherever 

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

EPA. 

I. What is being addressed by this 

document? 

On June 4, 2018, at 83 FR 25608, EPA 

proposed to approve a revision to the 

SIP for the 2012 PM2.5 NAAQS for the 

Cleveland nonattainment area. As 

required by the Clean Air Act (CAA), 

OEPA developed an attainment plan to 

address the Cleveland nonattainment 

area and evaluate the area’s ability to 

attain the 2012 PM2.5 NAAQS by the 

‘‘Moderate’’ attainment date of 

December 31, 2021. The SIP submission 

addressed specific requirements as 

outlined in the CAA including: 

attainment demonstration; reasonable 

available control measure (RACM) 

analysis; emissions inventory 

requirements; reasonable further 

progress (RFP) with quantitative 

milestones; and nonattainment new 

source review (NNSR). Additionally, the 

SIP submission included optional PM2.5

precursor demonstrations for NNSR and 

attainment planning purposes. EPA 

evaluated the SIP submission and is 

approving portions of the submission as 

meeting the applicable CAA 

requirements for RACM, emissions 

inventory, attainment demonstration 

modeling, and precursor insignificance 

demonstrations for NNSR and 

attainment planning purposes. EPA is 

not acting on the other elements of the 

submission, including reasonable 

further progress (RFP), with quantitative 

milestones, and motor vehicle emission 

budgets (MVEBs). 

II. What comments did we receive on 

the proposed SIP revision? 

Our June 4, 2018, proposed rule 

provided a 30-day review and comment 

period. The comment period closed on 

July 5, 2018. EPA received comments 

from three parties during the public 

comment period but all comments were 

completely outside of the scope of this 

action and therefore are not being 

addressed as part of this final action. 

III. What action is EPA taking? 

EPA is approving a SIP revision 

submitted by Ohio EPA on October 14, 

2016. Ohio’s attainment demonstration 

modeling, and precursor analysis for 

both attainment planning RACM and 

nonattainment NNSR determined that 

VOCs and NH3 do not significantly 

contribute to PM2.5 concentrations in the 

area. EPA finds that Ohio’s analysis is 

reasonable and well supported. EPA is 

thus approving the following elements 

of the 2012 SIP submission: the base 

year 2011 emissions inventory to meet 

the section 172(c)(3) requirement for 

emission inventories; the demonstration 

of attainment for 2021 as meeting the 

statutory requirement in CAA 

189(a)(1)(B); current controls as meeting 

RACM requirements of 172(c)(1) and 

189(a)(1(C). 

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); 


daltland on DSKBBV9HB2PROD with RULES
45194 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations 

• 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 

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 November 5, 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: August 20, 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 

(e) is amended by adding the 

subheading ‘‘Summary of Criteria 

Pollutant Attainment Plans’’ and the 

entry ‘‘PM2.5 (2012)’’ before the 

subheading ‘‘Summary of Criteria 

Pollutant Maintenance Plan’’ to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable 

geographical or 

non-attainment 

area 

State date EPA approval Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

PM2.5 (2012) ..... Cleveland ......... 10/14/2016 9/6/2018, [insert Federal 

Register citation].

EPA is approving the following elements: the base year 

2011 emissions inventory; the demonstration of attainment for 2021; current controls as meeting RACM requirements. 

Summary of Criteria Pollutant Maintenance Plan 

*******

[FR Doc. 2018–19144 Filed 9–5–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0696; FRL–9983– 

02—Region 1] 

Air Plan Approval; Vermont; 

Infrastructure State Implementation 

Plan Requirements for the 2012 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Vermont that 

addresses the infrastructure SIP 

requirements of the Clean Air Act (CAA 

or Act)—including the interstate 

transport provisions—for the 2012 fine 

particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS). The 

infrastructure requirements are designed 

to ensure that the structural components 


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