Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2012 PM2.5, 4845-4847 [2018-02047]
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0085]
Drawbridge Operation Regulation;
Anacostia River, Washington, DC
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Frederick
Douglass Memorial Bridge across the
Anacostia River, mile 1.2, at
Washington, DC. The deviation is
necessary to accommodate the
construction and replacement of the
existing Frederick Douglass Memorial
Bridge with a fixed bridge on an
alignment 18 feet south of the existing
bridge. The current Frederick Douglass
Memorial Bridge will be removed in its
entirety. This deviation allows the
bridge to remain in the closed-tonavigation position during construction.
DATES: This deviation is effective from
6 a.m. on February 2, 2018, through 6
a.m. on August 1, 2018.
ADDRESSES: The docket for this
deviation, [USCG–2018–0085], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Marty
Bridges, Bridge Administration Branch
Fifth District, Coast Guard; telephone
(757) 398–6422, email
Martin.A.Bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: The
District of Columbia Department of
Transportation, who owns and operates
the Frederick Douglass Memorial
Bridge, has requested a temporary
deviation from the current operating
regulation. This temporary deviation is
necessary to facilitate the construction
and replacement of the existing
Frederick Douglass Memorial Bridge
with a fixed bridge on an alignment 18
feet south of the existing bridge. The
existing bridge is a swing span bridge,
and has a vertical clearance in the
closed-to-navigation position of 42 feet
above mean high water.
The current operating schedule is set
out in 33 CFR 117.253. Under this
temporary deviation, the bridge will be
maintained in the closed-to-navigation
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SUMMARY:
VerDate Sep<11>2014
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position from 6 a.m. on February 2,
2018, through 6 a.m. on August 1, 2018.
The Anacostia River is used by a variety
of vessels including small commercial
vessels and recreational vessels. The
Coast Guard has carefully coordinated
the restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies and there is no
immediate alternate route for vessels
unable to pass through the bridge in the
closed position. The Coast Guard will
also inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessels
can arrange their transits to minimize
any impacts caused by this temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: January 30, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–02082 Filed 2–1–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0824; FRL–9973–59–
Region 5]
Air Plan Approval; Ohio; Infrastructure
SIP Requirements for the 2012 PM2.5
NAAQS; Multistate Transport
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
the State Implementation Plan (SIP)
submission from Ohio regarding the
infrastructure requirements of section
110 of the Clean Air Act for the 2012
annual fine particulate matter (PM2.5)
National Ambient Air Quality Standard
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. This
action pertains specifically to
infrastructure requirements concerning
interstate transport provisions.
SUMMARY:
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4845
This final rule is effective on
March 5, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2015–0824. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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:
DATES:
I. What is being addressed by this document?
II. What comments did we receive on the
proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this
document?
On December 4, 2015, the Ohio
Environmental Protection Agency
(OEPA) submitted a request for EPA to
approve its infrastructure SIP for the
2012 annual PM2.5 NAAQS. On
December 7, 2017, EPA proposed to
approve the portion of the submission
dealing with requirements one and two
(otherwise known as ‘‘prongs’’ one and
two) of the provision for interstate
pollution transport under Clean Air Act
section 110(a)(2)(D)(i), also known as
the ‘‘good neighbor’’ provision.
The December 4, 2015 OEPA
submittal included a demonstration that
Ohio’s SIP contains sufficient major
programs related to the interstate
transport of pollution, and demonstrates
E:\FR\FM\02FER1.SGM
02FER1
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations
additional revisions to the Ohio SIP that
further address interstate transport
based on requests by the neighboring
states of Indiana and West Virginia.
Ohio’s submittal also included a
technical analysis of its interstate
transport of pollution relative to the
2012 PM2.5 NAAQS that demonstrates
that current controls are adequate for
Ohio to show that it meets prongs one
and two of the ‘‘good neighbor’’
provision. Review of the state’s
submittal included ensuring that Ohio’s
analysis was corroborated by updated
modeling projections in guidance issued
by EPA after the submittal on December
4, 2015. After review, EPA proposed to
approve Ohio’s request relating to
prongs one and two of the ‘‘good
neighbor’’ provision.
II. What comments did we receive on
the proposed action?
Our December 7, 2017 proposed rule
provided a 30-day review and comment
period. The comment period closed on
January 8, 2018. EPA received 17
anonymous comments that were not
relevant and/or not adverse, and one
supportive comment from a student at
Cornell University.
III. What action is EPA taking?
EPA approved the majority of Ohio’s
2012 PM2.5 infrastructure SIP
submission on September 19, 2016 (81
FR 64072). In today’s action, EPA is
approving the portion of Ohio’s
December 4, 2015 submission certifying
that the current Ohio SIP is sufficient to
meet the required infrastructure
requirements under CAA section
110(a)(2)(D)(i)(I), specifically prongs one
and two, as set forth above.
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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:
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16:21 Feb 01, 2018
Jkt 244001
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). The
Congressional Review Act, 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 3, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: January 23, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(e) is amended by revising the entry for
‘‘Section 110(a)(2) infrastructure
requirements for the 2012 PM2.5
NAAQS’’ to read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\02FER1.SGM
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*
4847
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
*
Section 110(a)(2) infrastructure requirements
for the 2012 PM2.5
NAAQS.
*
Applicable
geographical
or
non-attainment area
State date
*
Statewide ....
*
12/4/2015
*
*
[FR Doc. 2018–02047 Filed 2–1–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0211; FRL–9973–
58—Region 5]
Air Plan Approval; Indiana; Regional
Haze Five-Year Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the state of Indiana on
March 30, 2016. Indiana’s SIP revision
addresses requirements of the Clean Air
Act (CAA) and EPA’s rules that require
states to submit periodic reports
describing progress toward reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing regional
haze SIP. Indiana’s progress report notes
that Indiana has implemented the
measures in the regional haze SIP due
to be in place by the date of the progress
report and that Federal Class I areas
affected by emissions from Indiana are
meeting or exceeding the RPGs for 2018.
Indiana also determined that the state’s
regional haze SIP is adequate to meet
these reasonable progress goals for the
first implementation period and
requires no substantive revision at this
time.
DATES: This final rule is effective on
March 5, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0211. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
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SUMMARY:
VerDate Sep<11>2014
16:21 Feb 01, 2018
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EPA approval
Comments
*
2/2/2018, [insert Federal
Register citation].
*
*
*
Approved CAA elements: 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M). We are not
taking action on the visibility portion of (D)(i)(II),
prong four.
*
*
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Michelle
Becker, Life Scientist, at (312) 886–3901
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
Becker.Michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and in each mandatory Class I
Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
In addition, the provisions under 40
CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
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Fmt 4700
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*
*
haze SIP. The first progress report SIP
is due five years after submittal of the
initial regional haze SIP.
On December 7, 2017 (82 FR 57694),
EPA published a notice of proposed
rulemaking (NPR) proposing approval of
Indiana’s March 30, 2016 Regional Haze
Five-Year Progress Report SIP revision
on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and
(h).
The specific details of Indiana’s
March 30, 2016 SIP revision and the
rationale for EPA’s approval are
discussed in the NPR and will not be
restated here. EPA received four
comments on the proposed action, three
were not relevant to the rulemaking and
one was in support of the proposed
approval of the Regional Haze Progress
Report SIP.
II. What action is EPA taking?
EPA is approving Indiana’s March 30,
2016 Regional Haze Five-Year Progress
Report SIP submittal as meeting the
requirements of 40 CFR 51.308(g) and
(h).
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
E:\FR\FM\02FER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4845-4847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02047]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0824; FRL-9973-59-Region 5]
Air Plan Approval; Ohio; Infrastructure SIP Requirements for the
2012 PM2.5 NAAQS; Multistate Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the State Implementation Plan (SIP) submission from Ohio
regarding the infrastructure requirements of section 110 of the Clean
Air Act for the 2012 annual fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS). The infrastructure
requirements are designed to ensure that the structural components of
each state's air quality management program are adequate to meet the
state's responsibilities under the CAA. This action pertains
specifically to infrastructure requirements concerning interstate
transport provisions.
DATES: This final rule is effective on March 5, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0824. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Anthony Maietta, Environmental Protection
Specialist, at (312) 353-8777 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On December 4, 2015, the Ohio Environmental Protection Agency
(OEPA) submitted a request for EPA to approve its infrastructure SIP
for the 2012 annual PM2.5 NAAQS. On December 7, 2017, EPA
proposed to approve the portion of the submission dealing with
requirements one and two (otherwise known as ``prongs'' one and two) of
the provision for interstate pollution transport under Clean Air Act
section 110(a)(2)(D)(i), also known as the ``good neighbor'' provision.
The December 4, 2015 OEPA submittal included a demonstration that
Ohio's SIP contains sufficient major programs related to the interstate
transport of pollution, and demonstrates
[[Page 4846]]
additional revisions to the Ohio SIP that further address interstate
transport based on requests by the neighboring states of Indiana and
West Virginia. Ohio's submittal also included a technical analysis of
its interstate transport of pollution relative to the 2012
PM2.5 NAAQS that demonstrates that current controls are
adequate for Ohio to show that it meets prongs one and two of the
``good neighbor'' provision. Review of the state's submittal included
ensuring that Ohio's analysis was corroborated by updated modeling
projections in guidance issued by EPA after the submittal on December
4, 2015. After review, EPA proposed to approve Ohio's request relating
to prongs one and two of the ``good neighbor'' provision.
II. What comments did we receive on the proposed action?
Our December 7, 2017 proposed rule provided a 30-day review and
comment period. The comment period closed on January 8, 2018. EPA
received 17 anonymous comments that were not relevant and/or not
adverse, and one supportive comment from a student at Cornell
University.
III. What action is EPA taking?
EPA approved the majority of Ohio's 2012 PM2.5
infrastructure SIP submission on September 19, 2016 (81 FR 64072). In
today's action, EPA is approving the portion of Ohio's December 4, 2015
submission certifying that the current Ohio SIP is sufficient to meet
the required infrastructure requirements under CAA section
110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth
above.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 3, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: January 23, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (e) is amended by revising
the entry for ``Section 110(a)(2) infrastructure requirements for the
2012 PM2.5 NAAQS'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
[[Page 4847]]
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographical or
Title non-attainment State date EPA approval Comments
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide......... 12/4/2015 2/2/2018, [insert Approved CAA elements:
infrastructure requirements Federal Register 110(a)(2)(A), (B),
for the 2012 PM2.5 NAAQS. citation]. (C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We are
not taking action on
the visibility portion
of (D)(i)(II), prong
four.
* * * * * * *
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[FR Doc. 2018-02047 Filed 2-1-18; 8:45 am]
BILLING CODE 6560-50-P
