Air Plan Approval; Ohio; Regional Haze Plan and Prong 4 (Visibility) for the 2006 and 2012 PM2.5, 21719-21722 [2018-09651]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
daltland on DSKBBV9HB2PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
VerDate Sep<11>2014
15:51 May 09, 2018
Jkt 244001
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting for two hours on 33
separate days that would prohibit entry
into a portion of Oregon Inlet for bridge
construction. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
21719
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the area described in
paragraph (a) of this section.
(2) With the exception of construction
crews, entry into or remaining in this
safety zone is prohibited.
(3) All vessels within this safety zone
when this section becomes effective
must depart the zone immediately.
(4) The Captain of the Port, North
Carolina can be reached through the
Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina at telephone number
910–343–3882.
(5) The Coast Guard and designated
security vessels enforcing the safety
zone can be contacted on VHF–FM
marine band radio channel 13 (165.65
MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This
regulation will be enforced from May 4
through June 15, 2018.
(f) Public notification. The Coast
Guard will notify the public of the
specific two hour closures at least 48
hours in advance by transmitting
Broadcast Notice to Mariners via VHF–
FM marine channel 16.
Dated: May 4, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–09958 Filed 5–9–18; 8:45 am]
■
2. Add § 165.T05–0964 to read as
follows:
BILLING CODE 9110–04–P
§ 165.T05–0964 Safety Zone; Oregon Inlet,
Dare County, NC.
ENVIRONMENTAL PROTECTION
AGENCY
(a) Location. The following area is a
safety zone: All navigable waters of
Oregon Inlet, from approximate position
35°46′23″ N, 75°32′18″ W, thence
southeast to 35°46′18″ N, 75°32′12″ W,
thence southwest to 35°46′16″ N,
75°32′16″ W, thence northwest to
35°46′20″ N, 75°32′23″ W, thence
northeast back to the point of origin
(NAD 1983) in Dare County, NC.
(b) Definitions. As used in this
section—
Captain of the Port means the
Commander, Sector North Carolina.
Construction crews means persons
and vessels involved in support of
construction.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
40 CFR Part 52
[EPA–R05–OAR–2016–0759; FRL–9977–
69—Region 5]
Air Plan Approval; Ohio; Regional
Haze Plan and Prong 4 (Visibility) for
the 2006 and 2012 PM2.5, 2010 NO2,
2010 SO2, and 2008 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking the following
five actions: Approving the portion of
Ohio’s November 30, 2016 State
Implementation Plan (SIP) submittal
seeking to change from reliance on the
SUMMARY:
E:\FR\FM\10MYR1.SGM
10MYR1
daltland on DSKBBV9HB2PROD with RULES
21720
Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations
Clean Air Interstate Rule (CAIR) to
reliance on Cross-State Air Pollution
Rule (CSAPR) for certain regional haze
requirements; converting EPA’s limited
approval/limited disapproval of Ohio’s
March 11, 2011 regional haze SIP to a
full approval; withdrawing the Federal
Implementation Plan (FIP) provisions
that address the limited disapproval;
approving the visibility prong of Ohio’s
infrastructure SIP submittals for the
2012 annual and 2006 24-hour fine
particulate matter (PM2.5), 2010 nitrogen
dioxide (NO2), and 2010 sulfur dioxide
(SO2) National Ambient Air Quality
Standards (NAAQS); and converting
EPA’s disapproval of the visibility
portion of Ohio’s infrastructure SIP
submittal for the 2008 ozone NAAQS to
an approval.
DATES: This final rule is effective on
June 11, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0759. 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 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
Ohio submitted infrastructure SIPs for
the following NAAQS: 2006 24-hour
VerDate Sep<11>2014
15:51 May 09, 2018
Jkt 244001
PM2.5 (September 4, 2009); 2012 annual
PM2.5 (December 4, 2015); 2010 NO2
(February 8 and 25, 2013); 2010 SO2
(June 7, 2013); and 2008 ozone
(December 27, 2012), which relied on
the State having a fully approved
regional haze SIP to satisfy its prong 4
requirements. However, EPA had not
fully approved Ohio’s regional haze SIP,
as the Agency issued a limited
disapproval of the State’s original
regional haze plan on June 7, 2012, due
to the plan’s reliance on CAIR. To
correct the deficiencies in its regional
haze SIP and obtain approval of the
aforementioned infrastructure SIPs that
rely on the regional haze SIP, the State
submitted a SIP revision on November
30, 2016, to replace reliance on CAIR
with reliance on CSAPR.
Ohio has corrected the deficiencies
that led to EPA’s limited approval/
limited disapproval of the State’s
regional haze SIP. Accordingly, EPA is
approving the regional haze portion of
the State’s November 30, 2016 SIP
revision and converting EPA’s previous
action on Ohio’s regional haze SIP from
a limited approval/limited disapproval
to a full approval. Specifically, EPA
finds that this portion of Ohio’s
November 30, 2016, SIP revision
satisfies the SO2 and NOX BART
requirements and SO2 reasonable
progress requirements for EGUs
formerly subject to CAIR. With the
approval of Ohio’s regional haze SIP
revision, the State’s SIP now provides
for the measures needed to ensure that
its emissions do not interfere with
measures required to be included in
other states’ plans to protect visibility.
Therefore, EPA is also approving the
prong 4 portion of Ohio’s 2006 24-hour
PM2.5 submission, 2012 annual PM2.5
submission, 2010 NO2 submissions, and
2010 SO2 submission; as well as
converting EPA’s disapproval of the
prong 4 portions of Ohio’s 2008 ozone
infrastructure submission to an
approval. On September 29, 2017 (82 FR
45481), EPA published a final rule
affirming the continued validity of the
Agency’s 2012 determination that
participation in CSAPR meets the
Regional Haze Rule’s criteria for an
alternative to the application of source
specific BART. In line with this
affirmation, EPA is approving Ohio’s
regional haze and prong 4 submissions
described above.
On December 21, 2017 (82 FR 60572),
EPA published a notice of proposed
rulemaking (NPR) proposing approval of
Ohio’s November 30, 2016 SIP revision
allowing for the full approval of Ohio’s
Regional Haze SIP, the removal of the
Regional Haze FIP, and the approval of
prong 4 elements.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
The specific details of Ohio’s
November 30, 2016 SIP revision and the
rationale for EPA’s approval are
discussed in the NPR and will not be
restated here. EPA received three
comments on the proposed action, none
were relevant to the rulemaking.
II. What action is EPA taking?
EPA is taking the following actions:
(1) Approving the portion of Ohio’s
November 30, 2016 SIP submittal
seeking to change from reliance on CAIR
to reliance on CSAPR for certain
regional haze requirements; (2)
converting EPA’s limited approval/
limited disapproval of Ohio’s March 11,
2011 regional haze SIP to a full
approval; (3) withdrawing the FIP
provisions that address the limited
disapproval; (4) approving the visibility
prong of Ohio’s infrastructure SIP
submittals for the 2006 and 2012 PM2.5,
2010 NO2, and 2010 SO2 NAAQS; and
(5) converting EPA’s disapproval of the
visibility portion of Ohio’s
infrastructure SIP submittal for the 2008
ozone NAAQS to an approval. EPA is
also making some consistency and
clarifying edits to Ohio’s infrastructure
SIP table in 40 CFR 52.1870 for
submittals not affected by today’s
action.
III. Statutory and Executive Order
Reviews
A. Executive Orders 12866 and 13563:
Regulatory Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities.
E:\FR\FM\10MYR1.SGM
10MYR1
21721
Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
J. National Technology Transfer and
Advancement Act
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments.
There are no Indian reservation lands in
Ohio. Thus, Executive Order 13175 does
not apply to this rule.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that the EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 9, 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 CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
This rulemaking does not involve
technical standards. Therefore, the EPA
is not considering the use of any
voluntary consensus standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes that this action does not
have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations, and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B),
this action is subject to the requirements
of CAA section 307(d), as it revises a FIP
under CAA section 110(c).
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Visibility, Volatile organic
compounds.
Dated: April 30, 2018.
E. Scott Pruitt,
EPA Administrator.
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.
This rule is exempt from the CRA
because it is a rule of particular
applicability.
2. In § 52.1870, the table in paragraph
(e) is amended by revising the entries
under the headings ‘‘Infrastructure
Requirements’’ and ‘‘Visibility
Protection’’ to read as follows:
N. Judicial Review
§ 52.1870
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
*
■
M. Congressional Review Act (CRA)
Identification of plan.
*
*
(e) * * *
*
*
EPA—APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical or
non-attainment
area
Title
*
*
*
State date
EPA approval
*
Comments
*
*
*
daltland on DSKBBV9HB2PROD with RULES
Infrastructure Requirements
Section 110(a)(2) infrastructure requirements for the 1997 8-hour ozone
NAAQS.
Section 110(a)(2) infrastructure requirements for the 1997 PM2.5 NAAQS.
Statewide ...................
12/5/2007
7/13/2011, 76 FR
41075.
Statewide ...................
12/5/2007
7/13/2011, 76 FR
41075.
Section 110(a)(2) infrastructure requirements for the 2006 PM2.5 NAAQS.
Statewide ...................
9/4/2009
5/10/2018, [Insert
Federal Register citation].
VerDate Sep<11>2014
15:51 May 09, 2018
Jkt 244001
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
E:\FR\FM\10MYR1.SGM
Fully approved for all CAA elements
except 110(a)(2)(D)(I), which has
been remedied with a FIP.
Fully approved for all CAA elements
except 110(a)(2)(D)(I), which has
been remedied with a FIP.
Fully approved for all CAA elements
except 110(a)(2)(D)(I), which has
been disapproved and remedied with
a FIP.
10MYR1
21722
Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations
EPA—APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
Applicable
geographical or
non-attainment
area
Title
Section 110(a)(2) infrastructure requirements for the 2008 lead NAAQS.
Section 110(a)(2) infrastructure requirements for the 2008 ozone NAAQS.
State date
Statewide ...................
10/12/2011
Statewide ...................
12/27/2012
Section 110(a)(2) infrastructure requirements for the 2010 NO2 NAAQS.
Statewide ...................
2/8/2013
Section 110(a)(2) infrastructure requirements for the 2010 SO2 NAAQS.
Statewide ...................
6/7/2013
Section 110(a)(2)(D) infrastructure requirements for the 2012 PM2.5
NAAQS.
Statewide ...................
12/4/2015
*
*
*
*
EPA approval
10/6/2014, 79 FR
60075.
5/10/2018, [Insert
Federal Register citation].
5/10/2018, [Insert
Federal Register citation].
5/10/2018, [Insert
Federal Register citation].
5/10/2018, [Insert
Federal Register citation].
Comments
Fully approved for all CAA elements.
Fully approved for all CAA elements
except 110(a)(2)(D)(I), which has
been disapproved and remedied with
a FIP.
Fully approved for all CAA elements.
No action has been taken on
110(a)(2)(D)(I). All other CAA elements have been approved.
Fully approved for all CAA elements.
*
*
*
Visibility Protection
Regional Haze Plan ..............................
Statewide ...................
11/30/2016
Regional Haze Five-Year Progress Report.
Statewide ...................
3/11/2016
§ 52.1886
[Removed and Reserved]
3. Section 52.1886 is removed and
reserved.
■
[FR Doc. 2018–09651 Filed 5–9–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 17–84; FCC 17–154]
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s pole attachment
complaint rules. This document is
consistent with the Accelerating
Wireline Broadband Deployment by
Removing Barriers to Infrastructure
Investment Report and Order,
Declaratory Ruling, and Further Notice
of Proposed Rulemaking, FCC 17–154,
which stated that the Commission
would publish a document in the
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:51 May 09, 2018
Jkt 244001
5/10/2018, [Insert
Federal Register citation].
12/21/2017, 82 FR
60543.
Federal Register announcing the
effective date of those rules.
DATES: The amendment to 47 CFR
1.1424, published at 82 FR 61453,
December 28, 2017, is effective on May
10, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael Ray, Attorney Advisor,
Wireline Competition Bureau, at (202)
418–0357, or by email at Michael.Ray@
fcc.gov. For additional information
concerning the Paperwork Reduction
Act information collection
requirements, contact Nicole Ongele at
(202) 418–2991 or nicole.ongele@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on May 1,
2018, OMB approved, for a period of
three years, the information collection
requirements relating to the pole
attachment complaint rules contained in
the Commission’s Accelerating Wireline
Broadband Deployment by Removing
Barriers to Infrastructure Investment
Report and Order, Declaratory Ruling,
and Further Notice of Proposed
Rulemaking, FCC 17–154, published at
82 FR 61453, December 28, 2017.
The OMB Control Number is 3060–
0392. The Commission publishes this
document as an announcement of the
effective date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Full Approval.
contact Nicole Ongele, Federal
Communications Commission, Room 1–
A620, 445 12th Street SW, Washington,
DC 20554. Please include the OMB
Control Number, 3060–0392, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on May 1,
2018, for the information collection
requirements contained in the
modifications to the Commission’s pole
attachment rules in 47 CFR 1.1424.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0392.
E:\FR\FM\10MYR1.SGM
10MYR1
]]>Agencies
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21719-21722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09651]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0759; FRL-9977-69--Region 5]
Air Plan Approval; Ohio; Regional Haze Plan and Prong 4
(Visibility) for the 2006 and 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008
Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking the
following five actions: Approving the portion of Ohio's November 30,
2016 State Implementation Plan (SIP) submittal seeking to change from
reliance on the
[[Page 21720]]
Clean Air Interstate Rule (CAIR) to reliance on Cross-State Air
Pollution Rule (CSAPR) for certain regional haze requirements;
converting EPA's limited approval/limited disapproval of Ohio's March
11, 2011 regional haze SIP to a full approval; withdrawing the Federal
Implementation Plan (FIP) provisions that address the limited
disapproval; approving the visibility prong of Ohio's infrastructure
SIP submittals for the 2012 annual and 2006 24-hour fine particulate
matter (PM2.5), 2010 nitrogen dioxide (NO2), and
2010 sulfur dioxide (SO2) National Ambient Air Quality
Standards (NAAQS); and converting EPA's disapproval of the visibility
portion of Ohio's infrastructure SIP submittal for the 2008 ozone NAAQS
to an approval.
DATES: This final rule is effective on June 11, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0759. 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 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,
[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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
Ohio submitted infrastructure SIPs for the following NAAQS: 2006
24-hour PM2.5 (September 4, 2009); 2012 annual
PM2.5 (December 4, 2015); 2010 NO2 (February 8
and 25, 2013); 2010 SO2 (June 7, 2013); and 2008 ozone
(December 27, 2012), which relied on the State having a fully approved
regional haze SIP to satisfy its prong 4 requirements. However, EPA had
not fully approved Ohio's regional haze SIP, as the Agency issued a
limited disapproval of the State's original regional haze plan on June
7, 2012, due to the plan's reliance on CAIR. To correct the
deficiencies in its regional haze SIP and obtain approval of the
aforementioned infrastructure SIPs that rely on the regional haze SIP,
the State submitted a SIP revision on November 30, 2016, to replace
reliance on CAIR with reliance on CSAPR.
Ohio has corrected the deficiencies that led to EPA's limited
approval/limited disapproval of the State's regional haze SIP.
Accordingly, EPA is approving the regional haze portion of the State's
November 30, 2016 SIP revision and converting EPA's previous action on
Ohio's regional haze SIP from a limited approval/limited disapproval to
a full approval. Specifically, EPA finds that this portion of Ohio's
November 30, 2016, SIP revision satisfies the SO2 and
NOX BART requirements and SO2 reasonable progress
requirements for EGUs formerly subject to CAIR. With the approval of
Ohio's regional haze SIP revision, the State's SIP now provides for the
measures needed to ensure that its emissions do not interfere with
measures required to be included in other states' plans to protect
visibility. Therefore, EPA is also approving the prong 4 portion of
Ohio's 2006 24-hour PM2.5 submission, 2012 annual
PM2.5 submission, 2010 NO2 submissions, and 2010
SO2 submission; as well as converting EPA's disapproval of
the prong 4 portions of Ohio's 2008 ozone infrastructure submission to
an approval. On September 29, 2017 (82 FR 45481), EPA published a final
rule affirming the continued validity of the Agency's 2012
determination that participation in CSAPR meets the Regional Haze
Rule's criteria for an alternative to the application of source
specific BART. In line with this affirmation, EPA is approving Ohio's
regional haze and prong 4 submissions described above.
On December 21, 2017 (82 FR 60572), EPA published a notice of
proposed rulemaking (NPR) proposing approval of Ohio's November 30,
2016 SIP revision allowing for the full approval of Ohio's Regional
Haze SIP, the removal of the Regional Haze FIP, and the approval of
prong 4 elements.
The specific details of Ohio's November 30, 2016 SIP revision and
the rationale for EPA's approval are discussed in the NPR and will not
be restated here. EPA received three comments on the proposed action,
none were relevant to the rulemaking.
II. What action is EPA taking?
EPA is taking the following actions: (1) Approving the portion of
Ohio's November 30, 2016 SIP submittal seeking to change from reliance
on CAIR to reliance on CSAPR for certain regional haze requirements;
(2) converting EPA's limited approval/limited disapproval of Ohio's
March 11, 2011 regional haze SIP to a full approval; (3) withdrawing
the FIP provisions that address the limited disapproval; (4) approving
the visibility prong of Ohio's infrastructure SIP submittals for the
2006 and 2012 PM2.5, 2010 NO2, and 2010
SO2 NAAQS; and (5) converting EPA's disapproval of the
visibility portion of Ohio's infrastructure SIP submittal for the 2008
ozone NAAQS to an approval. EPA is also making some consistency and
clarifying edits to Ohio's infrastructure SIP table in 40 CFR 52.1870
for submittals not affected by today's action.
III. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
[[Page 21721]]
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments. There are no Indian reservation lands in Ohio.
Thus, Executive Order 13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. Therefore,
the EPA is not considering the use of any voluntary consensus
standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements of CAA section 307(d), as it revises a FIP under CAA
section 110(c).
M. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability.
N. Judicial Review
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 July 9, 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 CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur
oxides, Visibility, Volatile organic compounds.
Dated: April 30, 2018.
E. Scott Pruitt,
EPA Administrator.
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 entries under the headings ``Infrastructure Requirements'' and
``Visibility Protection'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA--Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographical or
Title non-attainment area State date EPA approval Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Statewide................... 12/5/2007 7/13/2011, 76 FR Fully approved
infrastructure requirements 41075. for all CAA
for the 1997 8-hour ozone elements except
NAAQS. 110(a)(2)(D)(I)
, which has
been remedied
with a FIP.
Section 110(a)(2) Statewide................... 12/5/2007 7/13/2011, 76 FR Fully approved
infrastructure requirements 41075. for all CAA
for the 1997 PM2.5 NAAQS. elements except
110(a)(2)(D)(I)
, which has
been remedied
with a FIP.
Section 110(a)(2) Statewide................... 9/4/2009 5/10/2018, Fully approved
infrastructure requirements [Insert Federal for all CAA
for the 2006 PM2.5 NAAQS. Register elements except
citation]. 110(a)(2)(D)(I)
, which has
been
disapproved and
remedied with a
FIP.
[[Page 21722]]
Section 110(a)(2) Statewide................... 10/12/2011 10/6/2014, 79 FR Fully approved
infrastructure requirements 60075. for all CAA
for the 2008 lead NAAQS. elements.
Section 110(a)(2) Statewide................... 12/27/2012 5/10/2018, Fully approved
infrastructure requirements [Insert Federal for all CAA
for the 2008 ozone NAAQS. Register elements except
citation]. 110(a)(2)(D)(I)
, which has
been
disapproved and
remedied with a
FIP.
Section 110(a)(2) Statewide................... 2/8/2013 5/10/2018, Fully approved
infrastructure requirements [Insert Federal for all CAA
for the 2010 NO2 NAAQS. Register elements.
citation].
Section 110(a)(2) Statewide................... 6/7/2013 5/10/2018, No action has
infrastructure requirements [Insert Federal been taken on
for the 2010 SO2 NAAQS. Register 110(a)(2)(D)(I)
citation]. . All other CAA
elements have
been approved.
Section 110(a)(2)(D) Statewide................... 12/4/2015 5/10/2018, Fully approved
infrastructure requirements [Insert Federal for all CAA
for the 2012 PM2.5 NAAQS. Register elements.
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Visibility Protection
----------------------------------------------------------------------------------------------------------------
Regional Haze Plan............ Statewide................... 11/30/2016 5/10/2018, Full Approval.
[Insert Federal
Register
citation].
Regional Haze Five-Year Statewide................... 3/11/2016 12/21/2017, 82 ................
Progress Report. FR 60543.
----------------------------------------------------------------------------------------------------------------
Sec. 52.1886 [Removed and Reserved]
0
3. Section 52.1886 is removed and reserved.
[FR Doc. 2018-09651 Filed 5-9-18; 8:45 am]
BILLING CODE 6560-50-P
