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 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]


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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