Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio SO2, 69299-69302 [2013-27561]

Download as PDF 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. TKELLEY on DSK3SPTVN1PROD with RULES * * * * * (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 VerDate Mar<15>2010 16:31 Nov 18, 2013 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: Jkt 232001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 69299 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) E:\FR\FM\19NOR1.SGM 19NOR1 69300 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– TKELLEY on DSK3SPTVN1PROD with RULES 886–9401 before visiting the Region 5 office. VerDate Mar<15>2010 16:31 Nov 18, 2013 Jkt 232001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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); E:\FR\FM\19NOR1.SGM 19NOR1 TKELLEY on DSK3SPTVN1PROD with RULES Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations • 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 VerDate Mar<15>2010 16:31 Nov 18, 2013 Jkt 232001 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. * * * * * (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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 69301 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 E:\FR\FM\19NOR1.SGM 19NOR1 TKELLEY on DSK3SPTVN1PROD with RULES 69302 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 16:31 Nov 18, 2013 Jkt 232001 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. * * * * * [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: • http://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 http:// 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 http:// www.regulations.gov or email. The http://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 http:// 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]


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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.

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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