Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio SO2, 69299-69302 [2013-27561]
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Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations
enforce its requirements. (See section
307(b)(2).)
Reporting Requirements; effective April
7, 2006.
List of Subjects in 40 CFR Part 52
[FR Doc. 2013–27555 Filed 11–18–13; 8:45 am]
BILLING CODE 6560–50–P
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.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0672; FRL–9902–03–
Region 5]
Authority: 42 U.S.C. 7401 et seq
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Ohio SO2 Air Quality Rule Revisions
Dated: April 26, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
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.
Subpart BB—Montana
2. Section 52.1370 is amended by
adding paragraph (c)(73) to read as
follows:
■
Identification of plan.
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(c) * * *
(73) On September 23, 2011, the State
of Montana submitted new rules to the
Administrative Rules of Montana
(ARM). The submittal included new
rules to ARM Chapter 17. The
incorporation by reference in
paragraphs (i)(A) and (i)(B) reflect the
new rules.
(i) Incorporation by reference.
(A) Administrative Rules of Montana:
17.8.1601, Definitions; 17.8.1602,
Applicability and Coordination with
Montana Air Quality Permit Rules;
17.8.1603, Emission Control
Requirements; 17.8.1604, Inspection
and Repair Requirements; 17.8.1605,
Recordkeeping Requirements;
17.8.1606, Delayed Effective Date;
effective January 1, 2006.
(B) Administrative Rules of Montana:
17.8.1701, Definitions; 17.8.1702,
Applicability; 17.8.1703, Registration
Process and Information; 17.8.1704,
Registration Fee; 17.8.1705, Operating
Requirements: Facility-wide; 17.8.1710,
Oil or Gas Well Facilities General
Requirements; 17.8.1711, Oil or Gas
Well Facilities Emission Control
Requirements; 17.8.1712, Oil or Gas
Well Facilities Inspection and Repair
Requirements; 17.8.1713, Oil or Gas
Well Facilities Recordkeeping and
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On June 24, 2011, Ohio
Environmental Protection Agency (Ohio
EPA) submitted for Clean Air Act (CAA)
State Implementation Plan (SIP)
approval, revisions to Ohio
Administrative Code (OAC) rules: 3745–
18–01, 3745–18–03 to 3745–18–52,
3745–18–54 to 3745–18–77, 3745–18–
79, 3745–18–81 to 3745–18–89, and
3745–18–91 to 3745–18–94. The rule
revisions primarily update facility
information and remove SO2
requirements for shutdown facilities
throughout the SIP. EPA believes that
the revisions improve the clarity of the
rule without affecting the stringency
and therefore is approving all of the
submitted revisions except for specific
paragraphs in OAC 3745–18–04.
DATES: This rule is effective January 21,
2014, unless EPA receives adverse
comments by December 19, 2013. 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–2011–0672, 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.
SUMMARY:
■
§ 52.1370
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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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–2011–
0672. 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 Sarah
Arra, Environmental Scientist, at (312)
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Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations
permanently and enforceablely shut
down. When confirming a shutdown
facility, EPA relies on the State’s
FOR FURTHER INFORMATION CONTACT:
database. EPA confirmed that all of the
Sarah Arra, Environmental Scientist,
shutdown facilities are in Ohio EPA’s
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J), database. Table 1 in EPA’s September
2013 Technical Support Document
Environmental Protection Agency,
(TSD), available in the docket for this
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9401, rulemaking, shows the facilities that
have been shut down with their
Arra.Sarah@epa.gov.
shutdown dates. For the last third of
SUPPLEMENTARY INFORMATION:
Table 1, EPA was not able to confirm a
Throughout this document whenever
shutdown date for the facilities. Ohio
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA confirmed that these facilities were
EPA. This supplementary information
shut down before the existence of the
section is arranged as follows:
database and supplied information on
I. Background
the shutdown of these facilities in the
II. Review of Ohio’s Submittal
last column of Table 1.
III. What action is EPA taking?
The last eight facilities in Table 1 of
IV. Statutory and Executive Order Reviews
the TSD are still operating. However,
Ohio EPA and EPA agree that it is
I. Background
appropriate to remove the SO2
Ohio law requires a five year review
requirements from the SIP because all
of all regulations. Ohio conducted a
SO2 applicable emissions units are shut
review on OAC 3745–18 and made
down and would require a new permit
revisions throughout the rules. The rule for restart.
revisions are primarily updating facility
Table 2 in the TSD is a list of facilities
information and removing requirements that are still operating emission units
that apply to shutdown facilities. Ohio
applicable to the SIP, but have units that
EPA submitted the rule revisions to EPA have shut down. Therefore, for clarity of
on June 24, 2011. EPA’s most recent
the rule, it is appropriate to remove the
approval for revisions to OAC 3745–18
SO2 requirements for the shutdown
was published in the Federal Register
units from the SIP.
on March 21, 2008 at 73 FR 15083. For
For the few cases where the facility
a full history of the federally approved
still operates, but the emissions units
revisions to OAC 3745–18, see the
are shut down, the permits have been
Background section of rulemaking
revoked and new permits would need to
published in the Federal Register on
be issued if the units ever restarted. EPA
May 1, 2007 at 72 FR 23783.
is confident that all facilities where SO2
requirements have been removed from
II. Review of Ohio’s Submittal
the SIP are permanently and
During Ohio’s five year review, Ohio
enforceablely shutdown. Therefore,
made revisions to rules: 3745–18–01,
removing SO2 requirements for these
3745–18–03 to 3745–18–52, 3745–18–54 facilities from OAC 3745–18 does not
to 3745–18–77, 3745–18–79, 3745–18–
have any negative impact on the
81 to 3745–18–89, and 3745–18–91 to
environment, but instead, improves the
3745–18–94.
clarity of the rules.
Numerous revisions to OAC 3745–18
EPA is not taking action on selected
were updates of existing facility
paragraphs in OAC 3745–18–04.
information. Several facilities had
Paragraph OAC 37–18–04(D)(9),
changes in premise numbers. Several
contains a typographical error that
other facilities were updated with name changes the testing method required in
changes. An emissions limit was
the paragraph. EPA is not taking action
updated for the Sunoco, Inc., Toledo
on this paragraph, so the version that
Refinery. This limit is consistent with
was state effective on March 21, 2000
EPA’s consent order 05CV2866. The
will remain in effect for the Federally
updates to these facilities allow for
approved SIP. Ohio sent an email on
consistent recordkeeping and easier
September 20, 2013 acknowledging this
compliance tracking.
error. EPA is also not taking action on
Most of the substantial rule revisions
paragraphs OAC 37–18–04(D)(2), (D)(3),
were the removal of requirements for
(D)(5), (D)(6), (E)(2), (E)(3), and (E)(4).
shutdown facilities from the SIP. Ohio’s These paragraphs have not been
criteria for removing requirements for a
previously approved by EPA and are
facility from the SIP is that the facility
outside the cleanup intent of these SIP
has been permanently and enforceablely revisions.
shutdown for at least five years. EPA
III. What action is EPA taking?
and Ohio EPA are confident that all the
facilities for which requirements are
EPA is approving OAC 3745–18–01,
being removed from the SIP are
3745–18–03, 3745–18–05 to 3745–18–
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886–9401 before visiting the Region 5
office.
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52, 3745–18–54 to 3745–18–77, 3745–
18–79, 3745–18–81 to 3745–18–89,
3745–18–91 to 3745–18–94, and parts of
3745–18–04. The revisions mainly
remove the SO2 requirements for
permanently shutdown facilities from
the SIP. EPA believes the revisions
improve the clarity of the rule without
affecting the stringency of the SIP. EPA
is not taking action on OAC 3745–18–
04(D)(2)to(3), (D)(5)to(6), (D)(9), and
(E)(2)to(4).
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 January 21, 2014 without
further notice unless we receive relevant
adverse written comments by December
19, 2013. 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
January 21, 2014.
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
CCAA 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 Order 12866 (58 FR 51735,
October 4, 1993);
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• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
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action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 21, 2014. 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, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 26, 2013.
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)(160) to read as
follows:
■
§ 52.1870
Identification of plan.
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(c) * * *
(160) On June 24, 2011, Ohio
submitted numerous revisions to their
SO2 rules in Ohio Administrative Code
Chapter 3745–18. These revisions
mainly update facility information and
remove shutdown facilities from the
rule.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules
3745–18–03 ‘‘Attainment dates and
compliance time schedules.’’, 3745–18–
04 ‘‘Measurement methods and
procedures.’’ except (D)(2), (D)(3),
(D)(5), (D)(6), (D)(9), (E)(2), (E)(3), and
(E)(4), 3745–18–05 ‘‘Ambient and
meteorological monitoring
requirements.’’, 3745–18–06 ‘‘General
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emission limit provisions.’’, 3745–18–07
‘‘Adams County emission limits.’’,
3745–18–08 ‘‘Allen County emissions
limits.’’, 3745–18–09 ‘‘Ashland County
emission limits.’’, 3745–18–10
‘‘Ashtabula County emissions limits.’’,
3745–18–11 ‘‘Athens County emission
limits.’’, 3745–18–12 ‘‘Auglaize County
emission limits.’’, 3745–18–13
‘‘Belmont County emission limits.’’,
3745–18–14 ‘‘Brown County emission
limits.’’, 3745–18–15 ‘‘Butler County
emission limits.’’, 3745–18–16 ‘‘Carroll
County emission limits.’’, 3745–18–17
‘‘Champaign County emission limits.’’,
3745–18–18 ‘‘Clark County emission
limits.’’, 3745–18–19 ‘‘Clermont County
emission limits.’’, 3745–18–20 ‘‘Clinton
County emission limits.’’, 3745–18–21
‘‘Columbiana County emission limits.’’,
3745–18–22 ‘‘Coshocton County
emission limits.’’, 3745–18–23
‘‘Crawford County emission limits.’’,
3745–18–24 ‘‘Cuyahoga County
emission limits.’’, 3745–18–25 ‘‘Darke
County emission limits.’’, 3745–18–26
‘‘Defiance County emission limits.’’,
3745–18–27 ‘‘Delaware County emission
limits.’’, 3745–18–28 ‘‘Erie County
emission limits.’’, 3745–18–29
‘‘Fairfield County emission limits.’’,
3745–18–30 ‘‘Fayette County emission
limits.’’, 3745–18–31 ‘‘Franklin County
emission limits.’’, 3745–18–32 ‘‘Fulton
County emission limits.’’, 3745–18–33
‘‘Gallia County emission limits.’’, 3745–
18–34 ‘‘Geauga County emission
limits.’’, 3745–18–35 ‘‘Greene County
emission limits.’’, 3745–18–36
‘‘Guernsey County emission limits.’’,
3745–18–37 ‘‘Hamilton County
emission limits.’’, 3745–18–38
‘‘Hancock County emission limits.’’,
3745–18–39 ‘‘Hardin County emission
limits.’’, 3745–18–40 ‘‘Harrison County
emission limits.’’, 3745–18–41 ‘‘Henry
County emission limits.’’, 3745–18–42
‘‘Highland County emission limits.’’,
3745–18–43 ‘‘Hocking County emission
limits.’’, 3745–18–44 ‘‘Holmes County
emission limits.’’, 3745–18–45 ‘‘Huron
County emission limits.’’, 3745–18–46
‘‘Jackson County emission limits.’’,
3745–18–47 ‘‘Jefferson County emission
limits.’’, 3745–18–48 ‘‘Knox County
emission limits.’’, 3745–18–49 ‘‘Lake
County emission limits.’’, 3745–18–50
‘‘Lawrence County emission limits.’’,
3745–18–51 ‘‘Licking County emission
limits.’’, 3745–18–52 ‘‘Logan County
emission limits.’’, 3745–18–55
‘‘Madison County emission limits.’’,
3745–18–56 ‘‘Mahoning County
emission limits.’’, 3745–18–57 ‘‘Marion
County emission limits.’’, 3745–18–58
‘‘Medina County emission limits.’’,
3745–18–59 ‘‘Meigs County emission
limits.’’, 3745–18–60 ‘‘Mercer County
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emission limits.’’, 3745–18–61 ‘‘Miami
County emission limits.’’, 3745–18–62
‘‘Monroe County emission limits.’’,
3745–18–63 ‘‘Montgomery County
emission limits.’’, 3745–18–64 ‘‘Morgan
County emission limits.’’, 3745–18–65
‘‘Morrow County emission limits.’’,
3745–18–66 ‘‘Muskingum County
emission limits.’’, 3745–18–67 ‘‘Noble
County emission limits.’’, 3745–18–68
‘‘Ottawa County emission limits.’’,
3745–18–69 ‘‘Paulding County emission
limits.’’, 3745–18–70 ‘‘Perry County
emission limits.’’, 3745–18–71
‘‘Pickaway County emission limits.’’,
3745–18–72 ‘‘Pike County emission
limits.’’, 3745–18–73 ‘‘Portage County
emission limits.’’, 3745–18–74 ‘‘Preble
County emission limits.’’, 3745–18–75
‘‘Putnam County emission limits.’’,
3745–18–76 ‘‘Richland County emission
limits.’’, 3745–18–77 ‘‘Ross County
emission limits.’’, 3745–18–79 ‘‘Scioto
County emission limits.’’, 3745–18–81
‘‘Shelby County emission limits.’’,
3745–18–83 ‘‘Summit County emission
limits.’’, 3745–18–84 ‘‘Trumbull County
emission limits.’’, 3745–18–85
‘‘Tuscarawas County emission limits.’’,
3745–18–86 ‘‘Union County emission
limits.’’, 3745–18–87 ‘‘Van Wert County
emission limits.’’, 3745–18–88 ‘‘Vinton
County emission limits.’’, 3745–18–89
‘‘Warren County emission limits.’’,
3745–18–91 ‘‘Wayne County emission
limits.’’, 3745–18–92 ‘‘Williams County
emission limits.’’, 3745–18–93 ‘‘Wood
County emission limits.’’, 3745–18–94
‘‘Wyandot County emission limits.’’,
adopted on February 7, 2011, effective
February 17, 2011.
(B) February 7, 2011, ‘‘Director’s Final
Findings and Orders’’, signed by Scott J.
Nally, Director, Ohio Environmental
Protection Agency, adopting the rules
identified in paragraph (160)(i)(A) of
this section.
(C) Ohio Administrative Code Rules
3745–18–01 ‘‘Definitions and
incorporation by reference.’’, 3745–18–
54 ‘‘Lucas County emission limits.’’,
3745–18–82 ‘‘Stark County emission
limits.’’, adopted on March 24, 2011,
effective April 3, 2011.
(D) March 24, 2011, ‘‘Director’s Final
Findings and Orders’’, signed by Scott J.
Nally, Director, Ohio Environmental
Protection Agency, adopting the rules
identified in paragraph (160)(i)(C) of
this section.
■ 3. Section 52.1881 is amended by
revising paragraph (a)(4) to read as
follows:
§ 52.1881 Control strategy: Sulfur oxides
(sulfur dioxide).
(a) * * *
(4) Notwithstanding the portions of
this section that EPA has either
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disapproved or taken no action on, EPA
has approved a complete plan
addressing all counties in the State of
Ohio. In addition, specific approved
rules are listed in § 52.1870.
*
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[FR Doc. 2013–27561 Filed 11–18–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1910–0010; FRL 9902–
79–Region 9]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the El Toro Marine Corps
Air Station Superfund Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region IX is publishing a
direct final Notice of Deletion of
portions of the El Toro Marine Corp Air
Station Superfund Site (Site), located in
Irvine, California, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final partial deletion is being published
by EPA with the concurrence of the
State of California through the
Department of Toxic Substances Control
(DTSC), because EPA has determined
that all appropriate response actions at
these identified parcels under CERCLA
have been completed. However, this
partial deletion does not preclude future
actions under Superfund.
This partial deletion pertains to all
Site media, including soil and
groundwater, of parcels I–A, II–A, III–A,
II–J, II–Q, II–S, II–T, III–C, I–C, II–U, I–
B, I–E, I–G, I–H, I–I, I–J, I–L, I–M, I–P,
II–G, II–I, II–P, III–D, I–K, I–N, I–O, I–
S, II–E, II–L, II–M, II–R, I–Q, I–R, II–B,
II–K, and II–O of the Site. The current
remaining areas of the Site will remain
on the NPL and are not being
considered for deletion as part of this
action.
DATES: This direct final partial deletion
is effective January 21, 2014 unless EPA
receives adverse comments by
December 19, 2013. If adverse
comments are received, EPA will
publish a timely withdrawal of the
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
direct final partial deletion in the
Federal Register informing the public
that the partial deletion will not take
effect.
Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1910–0010, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• Email: Aycock.Mary@epa.gov.
• Fax: (415) 947–3528.
• Mail: Mary Aycock, U.S. EPA
Remedial Project Manager, U.S.
Environmental Protection Agency,
Region IX, Mail Code SFD–8–1, 75
Hawthorne Street, San Francisco, CA
94105.
• Hand delivery: Mary Aycock, U.S.
EPA Remedial Project Manager, U.S.
Environmental Protection Agency,
Region IX, Mail Code SFD81, 75
Hawthorne Street, San Francisco, CA
94105. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1910–
0010. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://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 https://
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
ADDRESSES:
E:\FR\FM\19NOR1.SGM
19NOR1
]]>Agencies
[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Rules and Regulations]
[Pages 69299-69302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27561]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0672; FRL-9902-03-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio SO2 Air Quality Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On June 24, 2011, Ohio Environmental Protection Agency (Ohio
EPA) submitted for Clean Air Act (CAA) State Implementation Plan (SIP)
approval, revisions to Ohio Administrative Code (OAC) rules: 3745-18-
01, 3745-18-03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79,
3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94. The rule
revisions primarily update facility information and remove
SO2 requirements for shutdown facilities throughout the SIP.
EPA believes that the revisions improve the clarity of the rule without
affecting the stringency and therefore is approving all of the
submitted revisions except for specific paragraphs in OAC 3745-18-04.
DATES: This rule is effective January 21, 2014, unless EPA receives
adverse comments by December 19, 2013. 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-2011-0672, 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 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-
2011-0672. 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 Sarah Arra, Environmental Scientist, at
(312)
[[Page 69300]]
886-9401 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, 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) 886-9401, Arra.Sarah@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. Review of Ohio's Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Ohio law requires a five year review of all regulations. Ohio
conducted a review on OAC 3745-18 and made revisions throughout the
rules. The rule revisions are primarily updating facility information
and removing requirements that apply to shutdown facilities. Ohio EPA
submitted the rule revisions to EPA on June 24, 2011. EPA's most recent
approval for revisions to OAC 3745-18 was published in the Federal
Register on March 21, 2008 at 73 FR 15083. For a full history of the
federally approved revisions to OAC 3745-18, see the Background section
of rulemaking published in the Federal Register on May 1, 2007 at 72 FR
23783.
II. Review of Ohio's Submittal
During Ohio's five year review, Ohio made revisions to rules: 3745-
18-01, 3745-18-03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79,
3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94.
Numerous revisions to OAC 3745-18 were updates of existing facility
information. Several facilities had changes in premise numbers. Several
other facilities were updated with name changes. An emissions limit was
updated for the Sunoco, Inc., Toledo Refinery. This limit is consistent
with EPA's consent order 05CV2866. The updates to these facilities
allow for consistent recordkeeping and easier compliance tracking.
Most of the substantial rule revisions were the removal of
requirements for shutdown facilities from the SIP. Ohio's criteria for
removing requirements for a facility from the SIP is that the facility
has been permanently and enforceablely shutdown for at least five
years. EPA and Ohio EPA are confident that all the facilities for which
requirements are being removed from the SIP are permanently and
enforceablely shut down. When confirming a shutdown facility, EPA
relies on the State's database. EPA confirmed that all of the shutdown
facilities are in Ohio EPA's database. Table 1 in EPA's September 2013
Technical Support Document (TSD), available in the docket for this
rulemaking, shows the facilities that have been shut down with their
shutdown dates. For the last third of Table 1, EPA was not able to
confirm a shutdown date for the facilities. Ohio EPA confirmed that
these facilities were shut down before the existence of the database
and supplied information on the shutdown of these facilities in the
last column of Table 1.
The last eight facilities in Table 1 of the TSD are still
operating. However, Ohio EPA and EPA agree that it is appropriate to
remove the SO2 requirements from the SIP because all
SO2 applicable emissions units are shut down and would
require a new permit for restart.
Table 2 in the TSD is a list of facilities that are still operating
emission units applicable to the SIP, but have units that have shut
down. Therefore, for clarity of the rule, it is appropriate to remove
the SO2 requirements for the shutdown units from the SIP.
For the few cases where the facility still operates, but the
emissions units are shut down, the permits have been revoked and new
permits would need to be issued if the units ever restarted. EPA is
confident that all facilities where SO2 requirements have
been removed from the SIP are permanently and enforceablely shutdown.
Therefore, removing SO2 requirements for these facilities
from OAC 3745-18 does not have any negative impact on the environment,
but instead, improves the clarity of the rules.
EPA is not taking action on selected paragraphs in OAC 3745-18-04.
Paragraph OAC 37-18-04(D)(9), contains a typographical error that
changes the testing method required in the paragraph. EPA is not taking
action on this paragraph, so the version that was state effective on
March 21, 2000 will remain in effect for the Federally approved SIP.
Ohio sent an email on September 20, 2013 acknowledging this error. EPA
is also not taking action on paragraphs OAC 37-18-04(D)(2), (D)(3),
(D)(5), (D)(6), (E)(2), (E)(3), and (E)(4). These paragraphs have not
been previously approved by EPA and are outside the cleanup intent of
these SIP revisions.
III. What action is EPA taking?
EPA is approving OAC 3745-18-01, 3745-18-03, 3745-18-05 to 3745-18-
52, 3745-18-54 to 3745-18-77, 3745-18-79, 3745-18-81 to 3745-18-89,
3745-18-91 to 3745-18-94, and parts of 3745-18-04. The revisions mainly
remove the SO2 requirements for permanently shutdown
facilities from the SIP. EPA believes the revisions improve the clarity
of the rule without affecting the stringency of the SIP. EPA is not
taking action on OAC 3745-18-04(D)(2)to(3), (D)(5)to(6), (D)(9), and
(E)(2)to(4).
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 January 21,
2014 without further notice unless we receive relevant adverse written
comments by December 19, 2013. 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
January 21, 2014.
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 CCAA 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 Order
12866 (58 FR 51735, October 4, 1993);
[[Page 69301]]
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 January 21, 2014. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 26, 2013.
Susan Hedman,
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. Section 52.1870 is amended by adding paragraph (c)(160) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(160) On June 24, 2011, Ohio submitted numerous revisions to their
SO2 rules in Ohio Administrative Code Chapter 3745-18. These
revisions mainly update facility information and remove shutdown
facilities from the rule.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules 3745-18-03 ``Attainment dates
and compliance time schedules.'', 3745-18-04 ``Measurement methods and
procedures.'' except (D)(2), (D)(3), (D)(5), (D)(6), (D)(9), (E)(2),
(E)(3), and (E)(4), 3745-18-05 ``Ambient and meteorological monitoring
requirements.'', 3745-18-06 ``General emission limit provisions.'',
3745-18-07 ``Adams County emission limits.'', 3745-18-08 ``Allen County
emissions limits.'', 3745-18-09 ``Ashland County emission limits.'',
3745-18-10 ``Ashtabula County emissions limits.'', 3745-18-11 ``Athens
County emission limits.'', 3745-18-12 ``Auglaize County emission
limits.'', 3745-18-13 ``Belmont County emission limits.'', 3745-18-14
``Brown County emission limits.'', 3745-18-15 ``Butler County emission
limits.'', 3745-18-16 ``Carroll County emission limits.'', 3745-18-17
``Champaign County emission limits.'', 3745-18-18 ``Clark County
emission limits.'', 3745-18-19 ``Clermont County emission limits.'',
3745-18-20 ``Clinton County emission limits.'', 3745-18-21 ``Columbiana
County emission limits.'', 3745-18-22 ``Coshocton County emission
limits.'', 3745-18-23 ``Crawford County emission limits.'', 3745-18-24
``Cuyahoga County emission limits.'', 3745-18-25 ``Darke County
emission limits.'', 3745-18-26 ``Defiance County emission limits.'',
3745-18-27 ``Delaware County emission limits.'', 3745-18-28 ``Erie
County emission limits.'', 3745-18-29 ``Fairfield County emission
limits.'', 3745-18-30 ``Fayette County emission limits.'', 3745-18-31
``Franklin County emission limits.'', 3745-18-32 ``Fulton County
emission limits.'', 3745-18-33 ``Gallia County emission limits.'',
3745-18-34 ``Geauga County emission limits.'', 3745-18-35 ``Greene
County emission limits.'', 3745-18-36 ``Guernsey County emission
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38
``Hancock County emission limits.'', 3745-18-39 ``Hardin County
emission limits.'', 3745-18-40 ``Harrison County emission limits.'',
3745-18-41 ``Henry County emission limits.'', 3745-18-42 ``Highland
County emission limits.'', 3745-18-43 ``Hocking County emission
limits.'', 3745-18-44 ``Holmes County emission limits.'', 3745-18-45
``Huron County emission limits.'', 3745-18-46 ``Jackson County emission
limits.'', 3745-18-47 ``Jefferson County emission limits.'', 3745-18-48
``Knox County emission limits.'', 3745-18-49 ``Lake County emission
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-51
``Licking County emission limits.'', 3745-18-52 ``Logan County emission
limits.'', 3745-18-55 ``Madison County emission limits.'', 3745-18-56
``Mahoning County emission limits.'', 3745-18-57 ``Marion County
emission limits.'', 3745-18-58 ``Medina County emission limits.'',
3745-18-59 ``Meigs County emission limits.'', 3745-18-60 ``Mercer
County
[[Page 69302]]
emission limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-
18-62 ``Monroe County emission limits.'', 3745-18-63 ``Montgomery
County emission limits.'', 3745-18-64 ``Morgan County emission
limits.'', 3745-18-65 ``Morrow County emission limits.'', 3745-18-66
``Muskingum County emission limits.'', 3745-18-67 ``Noble County
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'',
3745-18-69 ``Paulding County emission limits.'', 3745-18-70 ``Perry
County emission limits.'', 3745-18-71 ``Pickaway County emission
limits.'', 3745-18-72 ``Pike County emission limits.'', 3745-18-73
``Portage County emission limits.'', 3745-18-74 ``Preble County
emission limits.'', 3745-18-75 ``Putnam County emission limits.'',
3745-18-76 ``Richland County emission limits.'', 3745-18-77 ``Ross
County emission limits.'', 3745-18-79 ``Scioto County emission
limits.'', 3745-18-81 ``Shelby County emission limits.'', 3745-18-83
``Summit County emission limits.'', 3745-18-84 ``Trumbull County
emission limits.'', 3745-18-85 ``Tuscarawas County emission limits.'',
3745-18-86 ``Union County emission limits.'', 3745-18-87 ``Van Wert
County emission limits.'', 3745-18-88 ``Vinton County emission
limits.'', 3745-18-89 ``Warren County emission limits.'', 3745-18-91
``Wayne County emission limits.'', 3745-18-92 ``Williams County
emission limits.'', 3745-18-93 ``Wood County emission limits.'', 3745-
18-94 ``Wyandot County emission limits.'', adopted on February 7, 2011,
effective February 17, 2011.
(B) February 7, 2011, ``Director's Final Findings and Orders'',
signed by Scott J. Nally, Director, Ohio Environmental Protection
Agency, adopting the rules identified in paragraph (160)(i)(A) of this
section.
(C) Ohio Administrative Code Rules 3745-18-01 ``Definitions and
incorporation by reference.'', 3745-18-54 ``Lucas County emission
limits.'', 3745-18-82 ``Stark County emission limits.'', adopted on
March 24, 2011, effective April 3, 2011.
(D) March 24, 2011, ``Director's Final Findings and Orders'',
signed by Scott J. Nally, Director, Ohio Environmental Protection
Agency, adopting the rules identified in paragraph (160)(i)(C) of this
section.
0
3. Section 52.1881 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
(a) * * *
(4) Notwithstanding the portions of this section that EPA has
either disapproved or taken no action on, EPA has approved a complete
plan addressing all counties in the State of Ohio. In addition,
specific approved rules are listed in Sec. 52.1870.
* * * * *
[FR Doc. 2013-27561 Filed 11-18-13; 8:45 am]
BILLING CODE 6560-50-P
