Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36477 

PART 12—NATIONAL CEMETERIES 

■ 15. The authority citation for part 12 

is revised to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102. 

PART 13—NATIONAL PARK SYSTEM 

UNITS IN ALASKA 

■ 16. The authority citation for part 13 

is revised to read as follows: 

Authority: 16 U.S.C. 3124; 54 U.S.C. 

100101, 100751, 320102; Sec. 13.1204 also 

issued under Sec. 1035, Pub. L. 104–333, 110 

Stat. 4240. 

Dated: June 15, 2015. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–15498 Filed 6–24–15; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0385; FRL–9928–57– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio PM2.5 NSR 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Direct 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 June 19, 

2014. The revisions to Ohio’s SIP 

implement certain EPA regulations for 

particulate matter smaller than 2.5 

micrometers (PM2.5) by establishing 

definitions related to PM2.5, defining 

PM2.5 increment levels, and setting 

PM2.5 class 1 variances. The revisions 

also incorporate changes made to 

definitions clarifying terminology 

consistent with Federal regulations, 

adding Federal land manager 

notification requirements, and 

incorporating minor organizational or 

typographical changes. 

DATES: This direct final rule will be 

effective August 24, 2015, unless EPA 

receives adverse comments by July 27, 

2015. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0385, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

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– 

0385. 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 

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 June 19, 2014, OEPA submitted to 

EPA revisions to Ohio Administrative 

Code (OAC) chapter 3745–31. Revisions 

were made to the following rules: 3745– 

31–01 through 3745–31–04, OAC 3745– 

31–06 through 3745–31–23, 3745–31– 

25, 3745–31–26, 3745–31–29 and 3745– 

31–32. The changes made were to 

implement the PM2.5 National Ambient 

Air Quality Standards (NAAQS), PM2.5

New Source Review (NSR) program and 

regulations related to nitrogen oxides 

(NOX) as a precursor to ozone; include 

definitions for ‘‘PM2.5,’’ ‘‘PM2.5 direct 

emissions,’’ ‘‘PM2.5 emissions,’’ ‘‘PM2.5

precursor,’’ ‘‘emergency,’’ ‘‘emergency 

engine,’’ ‘‘permanent,’’ ‘‘publicly owned 

treatment works,’’ ‘‘quantifiable,’’ 

‘‘semi-public disposal system,’’ and 

‘‘surplus’’; include Federal land 

manager notification requirements; 

clarification of nonattainment 

provisions; and minor clarification and 

organizational revisions. In a letter 

dated March 26, 2015, OEPA requested 

that we not take action on OAC 3745– 

31–01(QQQQ) for the definition of 

‘‘permanent’’; OAC 3745–31–01(JJJJJ) for 

the definition of ‘‘quantifiable’’; OAC 


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3745–31–01(BBBBBB) for the definition 

of ‘‘surplus’’; OAC 3745–31–22(A)(3)(b) 

and OAC 3745–31–26(D) regarding 

PM2.5 interpollutant offset ratios; OAC 

3745–31–24(F)(1)(a) and OAC 3745–31– 

27(A)(1)(b) regarding the establishment 

of offset emission reductions. 

II. What action is EPA taking? 

EPA is partially approving the SIP 

revision submittal. EPA previously 

approved a portion of the submittal, 79 

FR 64119 (October 28, 2014), and is 

approving the remainder of the 

submittal, with the exceptions detailed 

in Ohio’s March 26, 2015, and April 17, 

2015, letters, in this action. Ohio’s SIP 

revisions comply with regulations EPA 

enacted to address the PM2.5 NAAQS. 

These revisions implement the NSR and 

prevention of significant deterioration 

(PSD) program, as required by EPA’s 

regulations. The revisions also 

implement minor clarification and 

organizational revisions not directly 

related to PM2.5. 

EPA is approving the following rules: 

portions of OAC 3745–31–01; OAC 

3745–31–02; OAC 3745–31–04; OAC 

3745–31–06; OAC 3745–31–07; OAC 

3745–31–08; OAC 3745–31–09; OAC 

3745–31–10; OAC 3745–31–11; OAC 

3745–31–12; OAC 3745–31–14; OAC 

3745–31–15; OAC 3745–31–17; OAC 

3745–31–18; OAC 3745–31–19; OAC 

3745–31–20; OAC 3745–31–21; OAC 

3745–31–22, except for paragraph 

(A)(3)(b); OAC 3745–31–23, excluding 

the 1-hour NO2 SIL; OAC 3745–31–24, 

except for paragraph (F); OAC 3745–31– 

25; OAC 3745–31–26, except for 

paragraph (D); OAC 3745–31–27, except 

for paragraph (A)(1)(b); OAC 3745–31– 

29; and OAC 3745–31–32. 

A. Nonattainment NSR Related Actions 

On April 25, 2007, EPA published the 

‘‘Clean Air Fine Particle Implementation 

Rule’’ (72 FR 20586) as a final rule in 

the Federal Register. This 2007 action 

provides rules and guidance for the 

CAA requirements for SIPs to 

implement the 1997 fine particle 

NAAQS. As part of this rulemaking, 

EPA promulgated 40 CFR part 51, 

subpart Z ‘‘Provisions for 

Implementation of PM2.5 National 

Ambient Air Quality Standards’’. 40 

CFR part 51, subpart Z outlines the 

requirements that a state SIP must meet 

to implement and comply with the 

PM2.5 NAAQS. The final rule became 

effective on May 29, 2007. 

On May 16, 2008, EPA published the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (73 FR 28321) as a final rule in 

the Federal Register. These 2008 

regulations establish the PM2.5 NSR 

program. The PM2.5 NSR program 

includes provisions establishing the 

PM2.5 major source threshold, 

significant emissions rate, and 

applicability of NSR to PM2.5 precursors. 

This final rule became effective on July 

15, 2008. 

OEPA’s revision to 3745–31–19 

updates the table for Class I variances. 

The update includes adding an 

arithmetic mean of 4 micrograms per 

cubic meter (mg/m3) and a twenty-fourhour maximum of 9 mg/m3 for PM2.5. 

The revision also updates the twentyfour-hour maximum for PM10 from 20 

mg/m3 to 30 mg/m3. These revisions are 

consistent with 40 CFR 52.21(p)(5). 

On December 31, 2002, EPA 

published final rule changes to the PSD 

and NSR programs (67 FR 80186) (2002 

NSR Reform Rules), and on November 7, 

2003, EPA published a notice of final 

action on the reconsideration of the 

December 31, 2002, final rule changes 

(68 FR 63021). After the 2002 NSR 

Reform Rules were finalized and 

effective (March 3, 2003), various 

petitioners challenged various aspects of 

the rules, along with portions of EPA’s 

1980 PSD and NNSR Rules (45 FR 5276, 

August 7, 1980). On June 24, 2005, the 

United States Circuit Court of Appeals 

for the DC Circuit Court issued a 

decision on the challenges to the 2002 

NSR Reform Rules. See New York v. 

United States, 413 F.3d 3 (D.C. Cir. 

2005). In summary, the DC Circuit Court 

vacated portions of the 2002 NSR 

Reform Rules pertaining to ‘‘clean 

units’’ and ‘‘pollution control projects’’ 

(PCPs), remanded a portion of the 

‘‘reasonable possibility’’ provisions (40 

CFR 52.21(r)(6) and 40 CFR 

51.166(r)(6)), and either upheld or did 

not comment on the other provisions 

included as part of the 2002 NSR 

Reform Rules. On June 13, 2007 (72 FR 

32526), EPA took final action to revise 

the 2002 NSR Reform Rules to remove 

from Federal law all provisions 

pertaining to clean units and the PCP 

exemption that were vacated by the DC 

Circuit Court. 

Additionally, in New York v. United 

States, the DC Circuit remanded EPA’s 

‘‘reasonable possibility’’ provision, 

which identifies for sources and 

reviewing authorities the circumstances 

under which a major stationary source 

undergoing a modification that does not 

trigger major NSR must keep records. 

On December 21, 2007, EPA addressed 

the Court’s remand, and took final 

action to establish that a ‘‘reasonable 

possibility’’ applies where source 

emissions equal or exceed 50 percent of 

the CAA NSR significance levels for any 

pollutant (72 FR 72607). See 40 CFR 

52.21(r)(b). 

OEPA’s revision to 3745–31–22 

consists of the inclusion of PM2.5

interprecursor offsetting into paragraph 

(A)(3)(b), the removal of paragraphs 

(A)(3)(e) and (A)(3)(f), and the addition 

paragraph (A)(5) relating to reasonable 

further progress. The March 26, 2015, 

clarification letter submitted by OEPA 

withdraws paragraph (A)(3)(b) from the 

submittal. The removal of paragraphs 

(A)(3)(e) and (f) are consistent with the 

2002 NSR Reform Rules. 

OEPA’s revision to 3745–31–23 

updates the table of significance levels 

in paragraph (A) of this rule by adding 

PM2.5 values of 0.3 mg/m3 as the annual 

significance level and 1.2 mg/m3 as the 

significance level with a 24-hour 

averaging time. PM2.5 has also been 

added to list of pollutants for which an 

air quality impact must be determined 

in paragraph (C)(1) of this rule. OEPA 

has also updated the table to remove 

total suspended particulate and its 

significance values. The value for NOX

with a one-hour averaging time was also 

added as 10 mg/m3. OEPA sent a 

clarification letter on March 26, 2015, 

which excludes the one-hour NOX

significance level from inclusion into 

the SIP. The changes made to this rule 

are consistent with 40 CFR 51.165(b)(2). 

OEPA’s revision to 3745–31–24 

include changes to paragraph (B), 

baseline for determining credit for 

emission offsets, and paragraph 

(F),operating hours and stationary 

source shut down. OEPA’s March 26, 

2015 and April 17, 2015, clarification 

letters withdraw the revisions from 

3745–31–24(F) from inclusion from the 

SIP. The changes made to 3745–31– 

24(B) are consistent with the language 

in 40 CFR 56.165(a)(3). 

OEPA’s revision to 3745–31–25, 

location of offsetting emissions for 

nonattainment areas, incorporates the 

conditions listed in 40 CFR part 51, 

appendix S, section IV.D. OEPA’s 

revision to 3745–31–26 adds offset ratio 

requirement for nonattainment areas. 

The revisions are consistent with 

language in 40 CFR part 51, appendix S. 

OEPA’s March 26, 2015, letter 

withdraws 3745–31–26 (D) from the SIP 

submission. 

OEPA’s revision to 3745–31–27 made 

clarifications to the rule regarding 

administrative procedures for emission 

offsets. OEPA’s March 26, 2015, and 

April 17, 2015, clarification letters 

withdraw paragraph (A)(1)(b) from the 

SIP submission. The remainder of the 

revisions to 3745–31–27 are minor and 

do not change the meaning of the 

existing language and are therefore 

approvable. 


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B. Definitions 

OEPA has submitted the following 

definitions to be added to OAC 3745– 

31–01: ‘‘emergency’’ at 3745–31– 

01(MM); ‘‘emergency engine’’ at 3745– 

31–01(NN); ‘‘publicly owned treatment 

works’’ at 3745–31–01(IIIII); ‘‘semipublic disposal system’’ at 3745–31– 

01(TTTTT); and ‘‘truck’’ at 3745–31– 

01(GGGGGG). OEPA’s March 26, 2015, 

letter provided additional clarification 

on the definitions for ‘‘emergency’’ and 

‘‘publicly owned treatment works,’’ and 

withdrew the definitions ‘‘permanent’’ 

at 3745–31–01 (QQQQ), ‘‘quantifiable’’ 

at 3745–31–01(JJJJJ) and ‘‘surplus’’ at 

3745–31–01(BBBBBB) from the SIP 

submission. OEPA’s intent with 

including a definition of ‘‘emergency’’ 

in OAC Chapter 31 was to clearly define 

situations in which an emergency 

internal combustion engine could 

operate under the permit exemption and 

permit-by-rule found in OAC rule 3745– 

31–03. OEPA used examples consistent 

with those used in 40 CFR part 60, 

subpart IIII, the standards of 

performance for new stationary 

compression ignition internal 

combustion engines, 40 CFR part 60, 

subpart JJJJ, the standards of 

performance for new stationary spark 

ignition internal combustion engines, 

and 40 CFR part 63, subpart ZZZZ, the 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines. OEPA further explained that 

this definition for ‘‘emergency’’ found in 

OAC rule 3745–31–01 is only applicable 

to the permit exemption found in OAC 

paragraph 3745–31–03(A)(1)(nn) and 

the permit-by-rule found in OAC 

paragraph 3745–31–03(A)(4)(b). OEPA 

believes that the definition of 

‘‘emergency’’ in Chapter 31 does not 

relate to, interfere with or revise the 40 

CFR part 70 definition of ‘‘emergency’’. 

Given OEPA’s clarification on the 

intended application of ‘‘emergency’’ 

and its distinction between Chapter 31 

and 40 CFR part 70, EPA approves the 

definition of ‘‘emergency’’ into the SIP. 

Regarding the definition for ‘‘publicly 

owned treatment works,’’ OEPA is 

planning to add a new exemption to 

OAC rule 3745–31–03 that references 

the term ‘‘semi-public disposal system.’’ 

Because rule 3745–31–01 was being 

revised ahead of the changes to the 

3745–31–03 rule, OEPA decided to 

include the new exemption into 31–01 

so that additional rulemaking would not 

be needed later. The new definition will 

be used only if and when the new 

exemption becomes effective. 

The definitions for ‘‘emergency 

engine,’’ ‘‘semi-public disposal system,’’ 

and ‘‘truck’’ are all consistent with the 

definitions in Federal regulations. 

C. Organizational and Typographical 

Changes 

In addition to the substantive 

revisions made to the rules being 

approved, OEPA made organizational 

changes to lettering or numbering of 

paragraphs as well as corrections to 

typographical errors. EPA is also 

approving these revisions as they do not 

change the meaning of the existing 

language. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective August 24, 2015 without 

further notice unless we receive relevant 

adverse written comments by July 27, 

2015. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

August 24, 2015. 

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 

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). 

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); 

• 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 


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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 August 24, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 19, 2015. 

Susan Hedman, 

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. Section 52.1870 is amended by 

adding paragraph (c)(162) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(162) On June 19, 2014, the Ohio 

Environmental Protection Agency 

submitted several PM2.5 rules for 

approval into the Ohio State 

Implementation Plan (SIP). The changes 

to the SIP include revisions related to 

particulate matter smaller than 2.5 

micrometers (PM2.5) defining a 

significance level for PM2.5 for 

nonattainment areas, baseline for 

determining credit for emission offsets, 

location of offsetting emissions in 

nonattainment areas, and offset 

requirements. The revisions also 

include establishing definitions for 

emergency, emergency engine, publicly 

owned treatment works, and semipublic disposal system and 

incorporating minor organizational or 

typographical changes. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–31–01, ‘‘Definitions’’, paragraphs 

(L) through (N), (Q), (U), (II), (MM) 

through (KKK), (OOO), (PPP), (RRR), 

(TTT) through (PPPP), (RRRR), (SSSS), 

(XXXX) through (IIIII), (KKKKK) 

through (MMMMM), (OOOOO) through 

(UUUUU), (WWWWW) through 

(AAAAAA), (CCCCCC) through 

(LLLLLL), effective May 29, 2014. 

(B) Ohio Administrative Code Rule 

3745–31–02, ‘‘Applicability, 

requirements and obligations’’, effective 

May 29, 2014. 

(C) Ohio Administrative Code Rule 

3745–31–04, ‘‘Applications’’, effective 

May 29, 2014. 

(D) Ohio Administrative Code Rule 

3745–31–06, ‘‘Completeness 

determinations, processing 

requirements, public participation, 

public notice, and issuance’’, effective 

May 29, 2014. 

(E) Ohio Administrative Code Rule 

3745–31–07, ‘‘Termination, revocation, 

expiration, renewal, revision and 

transfer’’, effective May 29, 2014. 

(F) Ohio Administrative Code Rule 

3745–31–08, ‘‘Registration status 

permit-to-operate’’, effective May 29, 

2014. 

(G) Ohio Administrative Code Rule 

3745–31–09, ‘‘Variances on operation’’, 

effective May 29, 2014. 

(H) Ohio Administrative Code Rule 

3745–31–10, ‘‘NSR projects at existing 

emission units at a major stationary 

source’’, effective May 29, 2014. 

(I) Ohio Administrative Code Rule 

3745–31–11, ‘‘Attainment provisions— 

ambient air increments, ceilings and 

classifications’’, effective May 29, 2014. 

(J) Ohio Administrative Code Rule 

3745–31–12, ‘‘Attainment provisions— 

data submission requirements’’, 

effective May 29, 2014. 

(K) Ohio Administrative Code Rule 

3745–31–14, ‘‘Attainment provisions— 

preapplication analysis’’, effective May 

29, 2014. 

(L) Ohio Administrative Code Rule 

3745–31–15, ‘‘Attainment provisions— 

control technology review’’, effective 

May 29, 2014. 

(M) Ohio Administrative Code Rule 

3745–31–17, ‘‘Attainment provisions— 

additional impact analysis’’, effective 

May 29, 2014. 

(N) Ohio Administrative Code Rule 

3745–31–18, ‘‘Attainment provisions— 

air quality models’’, effective May 29, 

2014. 

(O) Ohio Administrative Code Rule 

3745–31–19, ‘‘Attainment provisions— 

notice to the United States 

environmental protection agency’’, 

effective May 29, 2014. 

(P) Ohio Administrative Code Rule 

3745–31–20, ‘‘Attainment provisions— 

innovative control technology’’, 

effective May 29, 2014. 

(Q) Ohio Administrative Code Rule 

3745–31–21, ‘‘Nonattainment 

provisions—review of major stationary 

sources and major modifications— 

stationary source applicability and 

exemptions’’, effective May 29, 2014. 

(R) Ohio Administrative Code Rule 

3745–31–22, ‘‘Nonattainment 

provisions—conditions for approval’’, 

except for paragraph (A)(3)(b), effective 

May 29, 2014. 

(S) Ohio Administrative Code Rule 

3745–31–23, ‘‘Nonattainment 

provisions—stationary sources locating 

in designated clean or unclassifiable 

areas which would cause or contribute 

to a violation of a national ambient air 

quality standard’’ with exclusion of the 

1-hour NO2 Significant Impact Level 

described in table in paragraph (A), 

effective May 29, 2014. 

(T) Ohio Administrative Code Rule 

3745–31–24, ‘‘Nonattainment 

provisions—baseline for determining 

credit for emission and air quality 

offsets’’, except for paragraph (F), 

effective May 29, 2014. 

(U) Ohio Administrative Code Rule 

3745–31–25, ‘‘Nonattainment 

provisions—location of offsetting 

emissions’’, effective May 29, 2014. 


Lhorne on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations 36481 

(V) Ohio Administrative Code Rule 

3745–31–26, ‘‘Nonattainment 

provisions—offset ratio requirements’’, 

except for paragraph (D), effective May 

29, 2014. 

(W) Ohio Administrative Code Rule 

3745–31–27, ‘‘Nonattainment 

provisions—administrative procedures 

for emission offsets’’, except for 

paragraph (A)(1)(b), effective May 29, 

2014. 

(X) Ohio Administrative Code Rule 

3745–31–29, ‘‘General permit-to-install 

and general PTIO’’, effective May 29, 

2014. 

(Y) Ohio Administrative Code Rule 

3745–31–32, ‘‘Plantwide applicability 

limit (PAL)’’, effective May 29, 2014. 

(Z) May 19, 2014, ‘‘Director’s Final 

Findings and Orders’’, signed by Craig 

W. Butler, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2015–15554 Filed 6–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0166; FRL–9929–39– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Technique Guidelines for Offset 

Lithographic Printing and Letterpress 

Printing; Flexible Package Printing; 

and Adhesives, Sealants, Primers, and 

Solvents 

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 Commonwealth of 

Pennsylvania. The revisions pertain to 

control of volatile organic compound 

(VOC) emissions from offset 

lithographic printing and letterpress 

printing, flexible package printing, and 

adhesives, sealants, primers, and 

solvents. These revisions also meet the 

requirement to adopt Reasonably 

Available Control Technology (RACT) 

for sources covered by EPA’s Control 

Technique Guideline (CTG) 

recommendations for the following 

categories: Offset lithographic printing 

and letterpress printing, flexible 

package printing, and adhesives, 

sealants, primers, and solvents. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on July 

27, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0166. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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 electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 27, 2014, the 

Commonwealth of Pennsylvania 

through the Pennsylvania Department of 

Environmental Protection (PADEP) 

submitted a SIP revision to EPA in order 

to add regulations to the Pennsylvania 

SIP which essentially adopt EPA CTGs 

for offset lithographic and letterpress 

printing, flexible package printing, and 

adhesives, sealants, primers, and 

solvents. Through this SIP submittal, 

PADEP asserts that the Commonwealth 

meets the requirement to adopt RACT 

for sources covered by EPA’s CTG 

recommendations for the above 

mentioned categories. 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT, for 

sources of emissions. EPA defines RACT 

as ‘‘the lowest emission limitation that 

a particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic feasibility.’’ 

44 FR 53761 (September 17, 1979). 

CTGs are documents issued by EPA 

that provide state and local air pollution 

control authorities information that 

should assist them in determining 

RACT for VOC emissions from various 

sources. The recommendations in the 

CTG are based upon available data and 

information and may not apply to a 

particular situation based upon the 

circumstances. States can adopt 

regulations to implement the 

recommendations contained within the 

CTG, or they can adopt alternative 

approaches. Regardless of whether a 

state chooses to implement the 

recommendations contained within the 

CTGs through state rules, or to issue 

state rules that adopt different 

approaches for RACT for VOCs, states 

must submit their RACT rules to EPA 

for review and approval as part of the 

SIP process. 

II. Summary of SIP Revision 

The Commonwealth of Pennsylvania 

submitted a SIP revision to EPA on 

August 27, 2014 in order to add and 

amend regulations in the Pennsylvania 

SIP related to EPA CTGs for offset 

lithographic and letterpress printing, 

flexible package printing, and 

adhesives, sealants, primers, and 

solvents. This SIP submittal includes 

revisions to the following regulations: 

25 Pa Code 121.1, 129.51 and 129.67 

(relating to definitions; general; and 

graphic arts systems), as well as 25 Pa 

Code 129.77 and 130.703 (relating to 

control of emissions from the use or 

application of adhesives, sealants, 

primers, and solvents; and exemptions 

and exceptions). This SIP submittal also 

includes the addition of regulations 25 

Pa Code 129.67a and 129.67b (relating 

to control of VOC emissions from 

flexible packaging printing presses and 

control of VOC emissions from offset 

lithographic printing presses and 

letterpress printing presses). 

On April 13, 2015 (80 FR 19591), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania, 

proposing approval of revisions 

pertaining to control of VOC emissions 

from offset lithographic printing and 

letterpress printing, flexible package 

printing, and adhesives, sealants, 

primers, and solvents. 

EPA’s review of the new and revised 

regulations submitted by PADEP 

indicates that the submitted revisions 

meet the requirements to adopt RACT 

for sources located in Pennsylvania 

covered by EPA’s CTG 

recommendations for control of VOC 

emissions for the following categories: 

Offset lithographic printing and 

letterpress printing, flexible package 

printing, and adhesives, sealants, 

primers, and solvents. More detailed 

information on these provisions as well 

as a detailed summary of EPA’s review 

and rationale for proposing to approve 


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