Air Plan Approval; Ohio; Ohio NSR PM2.5, 33844-33846 [2018-15254]
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33844
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
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).
amozie on DSK3GDR082PROD with RULES
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.
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 and Commandant
Instruction M16475.1D, which guide the
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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
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a temporary safety zone
that would prohibit persons and vessels
from entering the upper reaches of
Taylor Bayou Turning Basin unless
authorized by the COTP or a designated
representative. 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. 0170.2.
2. Add § 165.T08–0914 to read as
follows:
■
§ 165.T08–0914 Safety Zone; Taylor Bayou
Turning Basin, Port Arthur, TX.
(a) Location. The following area is a
safety zone: Navigable waters of Taylor
Bayou Turning Basin north of latitude
29°50′57.45′ N. These coordinates are
based on WGS 84.
(b) Definition. As used in this section,
a designated representative means a
Coast Guard coxswain, officer or petty
officer, or a federal, state or local officer
designated by or assisting the Captain of
the Port Marine Safety Unit Port Arthur
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(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or a designated representative.
(2) To request permission to enter,
contact COTP or a designated
representative on VHF–FM channel 16,
or contact Vessel Traffic Service (VTS)
Port Arthur on VHF–FM channel 65A or
by telephone at 409–719–5070. Those
persons or vessels permitted to enter the
safety zone must comply with all lawful
directions given by the COTP or a
designated representative.
(d) Enforcement date. This rule is
effective without actual notice from July
18, 2018 through January 31, 2023. For
the purposes of enforcement, actual
notice will be used from July 11, 2018
through July 18, 2018.
Dated: July 11, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2018–15295 Filed 7–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0164; FRL–9980–
92—Region 5]
Air Plan Approval; Ohio; Ohio NSR
PM2.5 Precursors
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), revisions to Ohio’s
state implementation plan (SIP) as
requested by the Ohio Environmental
Protection Agency (OEPA) on March 10,
2017, and supplemented on July 18,
2017. The revisions to Ohio’s SIP
implement certain EPA regulations for
particulate matter smaller than 2.5
micrometers (PM2.5) for nonattainment
areas by establishing definitions related
to PM2.5 and defining PM2.5 precursors.
The revisions also incorporate the
findings of a comprehensive precursor
demonstration performed by OEPA,
which determined that volatile organic
compounds (VOC) and ammonia (NH3)
are an insignificant source of PM2.5 for
the purpose of new source review in
nonattainment areas in Ohio.
DATES: This final rule is effective on
August 17, 2018.
SUMMARY:
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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0164. 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
Charmagne Ackerman, Environmental
Engineer, at (312) 886–0448 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charmagne Ackerman, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0448,
ackerman.charmagne@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:
ADDRESSES:
I. Background
II. What action is EPA taking?
III. Incorporation by Reference.
IV. Statutory and Executive Order Reviews.
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I. Background
On March 10, 2017, OEPA submitted
to EPA revisions to Ohio Administrative
Code (OAC) chapter 3745–31–01. The
revisions were made to implement the
‘‘Fine Particulate Matter National
Ambient Air Quality Standards: State
Implementation Plan Requirements.’’
Subsequently, on July 18, 2017, OEPA
submitted to EPA a letter clarifying the
March 10, 2017 submittal. OEPA
clarified that limited portions of OAC
3745–31–01 should be included as a SIP
revision. The revisions to OAC 3745–
31–01, specifically, subparagraph
(LLL)(6), paragraph (NNN), paragraph
(WWWW), paragraph (NNNNN),
paragraph (VVVVV), and subparagraph
(LLLLLL)(2)(ee) will make the rule
consistent with 40 CFR 51.165 and 40
CFR 52.21.
On March 29, 2018 (83 FR 13457),
EPA published a notice of proposed
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rulemaking (NPR) proposing approval of
Ohio’s March 10, 2017 SIP revision and
clarification letter allowing for the
approval of revisions to OAC 3745–31–
01. The specific details of Ohio’s March
10, 2017 SIP revision submittal, Ohio’s
clarifying letter, and the rationale for
EPA’s approval are discussed in the
NPR and will not be restated here. EPA
received three comments during the
comment period on the proposed action.
None of the comments were relevant to
the rulemaking.
II. What action is EPA taking?
EPA is approving the SIP revision
submittal. Ohio’s SIP revisions comply
with regulations that EPA promulgated
to address the PM2.5 NAAQS. EPA finds
that these revisions implement the
NNSR rules by defining precursors for
PM2.5, as required by EPA’s regulations.
EPA is approving the revisions to
OAC 3745–31–01, specifically
subparagraph (LLL)(6), paragraph
(NNN), paragraph (WWWW), paragraph
(NNNNN), paragraph (VVVVV), and
subparagraph (LLLLLL)(2)(ee). EPA
finds that the revisions are consistent
with Federal requirements.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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
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33845
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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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
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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 17, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
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
(c) is amended under ‘‘Chapter 3745–31
Permit-to Install New Sources and
Permit-to-Install and Operate Program’’
by revising the entry for ‘‘3745–31–01’’
and adding an second entry for ‘‘3745–
31–01’’ in numerical order to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio effective
date
Title/subject
*
*
EPA approval date
*
*
Notes
*
*
*
Chapter 3745–31 Permit-to Install New Sources and Permit-to-Install and Operate Program
3745–31–01 ................
Definitions .................
5/29/2014
6/2/2015, 80 FR 36477 ..............
3745–31–01 ................
Definitions .................
3/20/2017
7/18/2018, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
[FR Doc. 2018–15254 Filed 7–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0099; FRL–9980–
96—Region 5]
Air Plan Approval; Minnesota; Flint
Hills Sulfur Dioxide (SO2) Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for the Flint
Hills Resources, LLC Pine Bend
Refinery (FHR) as submitted on
February 8, 2017. The SIP revision
pertains to the installation and removal
of certain equipment at the refinery and
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SUMMARY:
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*
*
amendments to certain emission limits,
resulting in an overall decrease of SO2
emissions from FHR.
DATES: This final rule is effective on
August 17, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0099. 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
PO 00000
Frm 00052
Fmt 4700
Except for (I), (NNN), (SSS)(1)(b),
(QQQQ), (WWWW), (JJJJJ), (NNNNN),
(VVVVV), (BBBBBB) and (LLLLLL)(2)(y).
Only
(LLL)(6),
(NNN),
(WWWW),
(NNNNN), (VVVVV), and (LLLLLL)(2)(ee)
Sfmt 4700
*
*
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:
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. Incorporation by Reference
V. Statutory and Executive Order Reviews
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33844-33846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15254]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0164; FRL-9980-92--Region 5]
Air Plan Approval; Ohio; Ohio NSR PM2.5 Precursors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revisions to Ohio's state implementation plan
(SIP) as requested by the Ohio Environmental Protection Agency (OEPA)
on March 10, 2017, and supplemented on July 18, 2017. The revisions to
Ohio's SIP implement certain EPA regulations for particulate matter
smaller than 2.5 micrometers (PM2.5) for nonattainment areas
by establishing definitions related to PM2.5 and defining
PM2.5 precursors. The revisions also incorporate the
findings of a comprehensive precursor demonstration performed by OEPA,
which determined that volatile organic compounds (VOC) and ammonia
(NH3) are an insignificant source of PM2.5 for
the purpose of new source review in nonattainment areas in Ohio.
DATES: This final rule is effective on August 17, 2018.
[[Page 33845]]
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0164. 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 Charmagne Ackerman, Environmental Engineer, at (312)
886-0448 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charmagne Ackerman, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0448, [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. Incorporation by Reference.
IV. Statutory and Executive Order Reviews.
I. Background
On March 10, 2017, OEPA submitted to EPA revisions to Ohio
Administrative Code (OAC) chapter 3745-31-01. The revisions were made
to implement the ``Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements.'' Subsequently, on
July 18, 2017, OEPA submitted to EPA a letter clarifying the March 10,
2017 submittal. OEPA clarified that limited portions of OAC 3745-31-01
should be included as a SIP revision. The revisions to OAC 3745-31-01,
specifically, subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW),
paragraph (NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee)
will make the rule consistent with 40 CFR 51.165 and 40 CFR 52.21.
On March 29, 2018 (83 FR 13457), EPA published a notice of proposed
rulemaking (NPR) proposing approval of Ohio's March 10, 2017 SIP
revision and clarification letter allowing for the approval of
revisions to OAC 3745-31-01. The specific details of Ohio's March 10,
2017 SIP revision submittal, Ohio's clarifying letter, and the
rationale for EPA's approval are discussed in the NPR and will not be
restated here. EPA received three comments during the comment period on
the proposed action. None of the comments were relevant to the
rulemaking.
II. What action is EPA taking?
EPA is approving the SIP revision submittal. Ohio's SIP revisions
comply with regulations that EPA promulgated to address the
PM2.5 NAAQS. EPA finds that these revisions implement the
NNSR rules by defining precursors for PM2.5, as required by
EPA's regulations.
EPA is approving the revisions to OAC 3745-31-01, specifically
subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW), paragraph
(NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee). EPA finds
that the revisions are consistent with Federal requirements.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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);
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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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
[[Page 33846]]
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 17, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: July 9, 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 (c) is amended under
``Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install
and Operate Program'' by revising the entry for ``3745-31-01'' and
adding an second entry for ``3745-31-01'' in numerical order to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio effective
Ohio citation Title/subject date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
----------------------------------------------------------------------------------------------------------------
3745-31-01..................... Definitions....... 5/29/2014 6/2/2015, 80 FR Except for (I), (NNN),
36477. (SSS)(1)(b), (QQQQ),
(WWWW), (JJJJJ),
(NNNNN), (VVVVV),
(BBBBBB) and
(LLLLLL)(2)(y).
3745-31-01..................... Definitions....... 3/20/2017 7/18/2018, [Insert Only (LLL)(6), (NNN),
Federal Register (WWWW), (NNNNN),
citation]. (VVVVV), and
(LLLLLL)(2)(ee)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-15254 Filed 7-17-18; 8:45 am]
BILLING CODE 6560-50-P
