Air Plan Approval; Ohio; Open Burning Rules, 66197-66200 [2018-27777]
Download as PDF
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules
February 14, 2006 and October 6, 2006)
establishing a gasoline RVP limit of 7.8
psi for gasoline sold in the Cincinnati
and Dayton areas. The revision
specifically applied to the Cincinnati
and Dayton areas in Ohio. EPA
approved Ohio’s 7.8 psi RVP program
on May 25, 2007 (72 FR 29269),
including the program’s legal authority
and administrative requirements found
in the Ohio Administrative Code (OAC)
rules 3745–72–1 to 8.
On December 19, 2016, Ohio EPA
submitted a SIP revision requesting that
EPA approve the removal of the 7.8 psi
RVP fuel applicability requirements
from the Ohio SIP before the beginning
of the 2017 ozone control period. The
revision also included a section 110(l)
demonstration addressing the emissions
impacts associated with the removal of
the program. On April 7, 2017 (82 FR
16932) EPA approved the removal of the
7.8 psi RVP fuel applicability
requirements in the Cincinnati and
Dayton areas from the Ohio SIP. In that
action EPA determined that that
removal of the 7.8 psi RVP fuel
requirements would not interfere with
attainment or maintenance of any of the
National Ambient Air Quality Standards
in the Cincinnati and Dayton areas and
would not interfere with any other
applicable requirement of the CAA, and
thus, were approvable under CAA
section 110(l).
amozie on DSK3GDR082PROD with PROPOSALS1
II. What is EPA proposing to approve?
On February 5, 2018, Ohio EPA
submitted to EPA a revision to the Ohio
SIP for approval. In this action EPA is
proposing to approve the removal of all
OAC Chapter 3745–72 provisions from
the Ohio SIP, as requested. Ohio EPA
conducted a public hearing on this
matter in Columbus, Ohio on December
7, 2017.
III. What is EPA’s analysis of the state’s
submittal?
On January 20, 2018, Ohio EPA
rescinded rules in OAC 3745–72 that
formerly established low RVP fuel
requirements for the Cincinnati and
Dayton areas. These rules were
rescinded by Ohio EPA as they are no
longer necessary since on April 7, 2017
(82 FR 16932) EPA approved the
removal of the 7.8 psi RVP fuel
applicability requirements in the
Cincinnati and Dayton areas from the
Ohio ozone SIP. In that action EPA
determined that that removal of the 7.8
psi RVP fuel requirements would not
interfere with attainment or
maintenance of any of the National
Ambient Air Quality Standards in the
Cincinnati and Dayton areas and would
not interfere with any other applicable
VerDate Sep<11>2014
17:37 Dec 21, 2018
Jkt 247001
requirement of the CAA, and thus, were
approvable under CAA section 110(l).
The removal of the remaining
provisions in OAC Chapter 3745–72
from the SIP is only administrative in
nature and does not have any negative
impact on air quality in the Cincinnati
and Dayton areas. No emissions
increases will result from the removal of
the OAC Chapter 3745–72 provisions
from the Ohio SIP.
IV. What action is EPA proposing to
take?
EPA is proposing to approve the
revision to the Ohio SIP submitted by
the Ohio EPA on February 5, 2018,
because the removal of remaining low
RVP requirements in OAC Chapter
3745–72 from the SIP meets all
applicable requirements and it would
not interfere with reasonable further
progress or attainment of any of the
national ambient air quality standards.
V. 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);
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
66197
• 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018–27905 Filed 12–21–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0393; FRL–9988–23–
Region 5]
Air Plan Approval; Ohio; Open Burning
Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the open burning standards
in the Ohio State Implementation Plan
(SIP) under the Clean Air Act (CAA). On
June 4, 2018, Ohio Environmental
Protection Agency (Ohio) requested the
approval of its revised open burning
rules, which include adding
requirements for air curtain burners,
SUMMARY:
E:\FR\FM\26DEP1.SGM
26DEP1
66198
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules
amozie on DSK3GDR082PROD with PROPOSALS1
allowing law enforcement to burn
seized drugs, further restricting the
materials that may burned, and
updating definitions and references.
DATES: Comments must be received on
or before January 25, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0393 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@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 EPA proposing to approve?
II. Why did Ohio request this SIP revision?
III. What is EPA’s analysis of the revisions?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is EPA proposing to approve?
EPA is proposing to approve revisions
to Ohio’s open burning rules submitted
on June 4, 2018. The state submitted
revisions to Ohio Administrative Code
(OAC) Chapter 3745–19, ‘‘Open Burning
Standards.’’ EPA proposes approving
VerDate Sep<11>2014
17:37 Dec 21, 2018
Jkt 247001
the revised OAC rules 3745–19–01,
3745–19–03, 3745–19–04, and 3745–19–
05 into the Ohio SIP.
II. Why did Ohio request this SIP
revision?
Ohio reviewed and revised its open
burning rules to satisfy a state
requirement to review its rules every
five years. Ohio’s submission includes
additional revisions that the state made
since the last EPA approval of OAC
3745–19 into the Ohio SIP on March 21,
2008 (73 FR 15081).
III. What is EPA’s analysis of the
revisions?
EPA evaluated the revisions to Ohio’s
open burning standards under the CAA.
The rules as effective at the state level
on April 30, 2018, were compared to
rules approved into the Ohio SIP. The
rules OAC 3745–19–01, OAC 3745–19–
03, OAC 3745–19–04, and OAC 3745–
19–05 have changed. EPA evaluated the
revisions within those rules.
Ohio made minor revisions to rules
OAC 3745–19–01, OAC 3745–19–03,
OAC 3745–19–04, and OAC 3745–19–05
that update citations, renumber
sections, and standardize formatting.
EPA reviewed these minor revisions,
found them acceptable, and is proposing
their approval.
OAC 3745–19–01, ‘‘Definitions’’
Ohio made additions to the
definitions of agricultural waste and
residential waste that are more
restrictive than those contained in the
current Ohio SIP. Ohio added
definitions for air curtain burner, air
curtain destructor, building materials,
and inhabited building. Other open
burning standards use these new
definitions. OAC 3745–19–04(C)(6) uses
air curtain burner and air curtain
destructor. OAC 3745–19–03(C)(3)(e)
and 3745–19–04(B)(3)(e) use building
material. OAC 3745–19–03 and 3745–
19–04 use inhabited building. Ohio also
updated the incorporation by references.
Ohio further updated the paragraphs to
keep the definitions in alphabetical
order and made other clerical revisions
to OAC 3745–19–01. EPA finds that the
additions and revisions to OAC 3745–
19–01, ‘‘Definitions’’ support Ohio’s
open burning standards. EPA is
proposing to approve the revisions.
OAC 3745–19–03, ‘‘Open burning in
restricted areas’’
The addition of OAC 3745–19–03
(B)(5) allows law enforcement agencies
to burn seized drugs without notifying
Ohio EPA. Ohio previously allowed this
under the ‘‘similar purposes’’ provision
of OAC 3745–19–03 (B)(2). Ohio EPA
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
concluded that adding OAC 3745–19–03
(B)(5) does not affect the scope of the
rule and will not interfere with the
attainment and maintenance of any
National Ambient Air Quality Standard
(NAAQS) and meets CAA section 110(l)
requirements.
Ohio moved OAC 3745–19–03 (D)(4)
to (C)(4). Moving this paragraph on
prescribed burns, such as horticultural,
silvicultural, and prairie burns, alters
the notification requirements. Events
meeting the definition and conditions in
the rule will require prior notification to
Ohio EPA instead of the previous
requirement of prior written permission
from Ohio EPA. Ohio added conditions
at OAC 3745–19–03 (C)(4)(a) to (f). The
party must meet the six conditions to
burn that are more restrictive than the
previous requirement. The conditions
enhance notifications for the local fire
department and public along with
recordkeeping requirements.
Ohio extended authorization for
governmental agencies to burn for
controlling disease and pests, subject to
requirements specified in OAC 3745–
19–03 (C)(1), to two additional health
agencies, Ohio Department of Health
and the Centers for Disease Control and
Prevention. Ohio also revised OAC
3745–19–03 (C)(3)(b) and (e) to prohibit
smoke from creating a visibility hazard
and adding plastic and building
materials to materials prohibited from
being burned as agricultural waste.
Ohio’s revisions to OAC 3745–19–03
adds, restricts, or rearrange, existing
standards such that it is reasonable to
expect emissions from open burning
will not increase. Thus, EPA concurs
that the revisions to OAC 3745–19–03
will not interfere with the attainment or
maintenance of air quality standards.
EPA finds that the revisions to ‘‘Open
burning in restricted areas’’ are
acceptable and therefore proposes
approval into the Ohio SIP.
OAC 3745–19–04, ‘‘Open burning in
unrestricted areas’’
Ohio added a size limit, 20 feet
diameter and 10 feet height, for
residential and agricultural waste
burning in OAC 3745–19–04 (B)(3)(f).
Waste piles larger than that size require
prior notification to Ohio EPA with this
revision. In such a situation, Ohio EPA
will have an opportunity to review the
burning plans and work with the
regulated entity such that human health
and the environment remain protected.
Ohio added requirements for
operating an air curtain burner at OAC
3745–19–04(C)(6). The owner or
operator must obtain permit-to-install
and title V permits. OAC 3745–19–
04(C)(6)(b) to (g) gives the restrictions
E:\FR\FM\26DEP1.SGM
26DEP1
amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules
on the location of the air curtain burner
along with operating conditions. Ohio
EPA deems that adding OAC 3745–19–
04(C)(6) does not affect the scope of the
rule and will not interfere with the
attainment and maintenance of any
NAAQS and meets CAA section 110(l)
requirements. EPA found that air
curtain burners are a potential means of
reducing waste volume while
minimizing potentially harmful
emissions, criteria and hazardous air
pollutants, in its ‘‘Managing Debris after
a Natural Disaster’’ report.1. Under CAA
sections 111 and 129, operators of
subject solid waste incinerators must
obtain a title V permit. Air curtain
burners regulated by 40 CFR 60.2974 or
60.3069 must obtain a title V permit.
Ohio’s rule ensures sources meet this
permitting requirement.
The other revisions to OAC 3745–19–
04 are similar to the revisions made in
OAC 3745–19–03. Ohio added OAC
3745–19–04(B)(6) that allows law
enforcement to burn seized drugs
without notifying Ohio EPA. Ohio
moved its prescribed burning rule from
OAC 3745–19–04(C)(5) to (D)(2) while
adding conditions like those in OAC
3745–19–03(C)(4). Ohio revised OAC
3745–19–04(D), now (D)(1) with the
addition of (D)(2), to include two
additional agencies, Ohio Department of
Health and the Centers for Disease
Control and Prevention, into the
requirements for health agencies to burn
for controlling disease and pests. This is
analogous to the revision of OAC 3745–
19–03(C)(1). Further, Ohio revised the
residential and agricultural waste
burning requirements of OAC 3745–19–
04(B)(3) to prohibit smoke from creating
a visibility hazard and adding plastic
and building materials as prohibited
materials. This revision is comparable to
revisions to OAC 3745–19–03(C)(3)(b)
and (e).
Revisions that Ohio made to OAC
3745–19–04 that are similar to revisions
made to OAC 3745–19–03 are
acceptable for the same reasons.
Namely, these revisions are to OAC
3745–19–04(B)(6), OAC 3745–19–
04(C)(6), OAC 3745–19–04(D)(1) and (2),
plus the deletion of OAC 3745–19–
04(C)(5). It is reasonable to expect
emissions from open burning will not
increase from those revisions. The
change to OAC 3745–19–04(B)(3)(f)
adds a restriction. The addition of OAC
3745–19–04(C)(6) regulates air curtain
burners in a manner consistent with
1 U.S. EPA. Managing Debris after a Natural
Disaster: Evaluation of the Combustion of StormGenerated Vegetative and C&D Debris in an Air
Curtain Burner: Source Emissions Measurement
Results. U.S. Environmental Protection Agency,
Washington, DC, EPA/600/R–16/353, 2016.
VerDate Sep<11>2014
19:13 Dec 21, 2018
Jkt 247001
federal rules. EPA finds the revisions to
OAC 3745–19–04 acceptable and thus is
proposing the approval of this rule into
the Ohio SIP.
OAC 3745–19–05, ‘‘Permission to
Individuals and Notification to the Ohio
EPA’’
Ohio revised OAC 3745–19–05(A)(1)
to clarify that applicants must submit
the application to burn at least 10
business days prior to the burn. The
revision also clarifies that open burning
permissions are effective on the date of
issuance. At OAC 3745–19–05(A)(2)(b),
Ohio added fire size, quantity or
acreage, as one of the required elements
of the open burning application. Ohio
revised OAC 3745–19–05(A)(3) to add
‘‘when atmospheric conditions are
appropriate’’ to the elements the
applicant must demonstrate it will
satisfy for Ohio to grant permission to
open burn.
EPA finds that the revisions to OAC
3745–19–05 improve clarity. Adding the
fire size will help Ohio evaluate the
impacts from the fire while reviewing
the application. Burning during
favorable atmospheric conditions will
avoid unnecessary impact on the public.
EPA expects the revised rule to continue
to protect air quality and therefore is
proposing to approve OAC 3745–19–05.
IV. What action is EPA taking?
EPA is proposing to approve revisions
to the open burning standards in the
Ohio SIP. EPA proposes approval of
OAC 3745–19–01, OAC 3745–19–03,
OAC 3745–19–04, and OAC 3745–19–
05, as submitted by Ohio on June 4,
2018.
V. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Ohio Administrative Code Chapter
3745–19–01 ‘‘Definitions,’’ 3745–19–03
‘‘Open burning in restricted areas,’’
3745–19–04 ‘‘Open burning in
unrestricted areas,’’ and 3745–19–05
‘‘Permission to individuals and
notifications to the Ohio EPA’’, effective
April 30, 2018. 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).
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
66199
VI. 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
E:\FR\FM\26DEP1.SGM
26DEP1
66200
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules
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).
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: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018–27777 Filed 12–21–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2018–0572; FRL–9988–22–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Cleveland Area to
Attainment of the 2012 Annual
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On July 24, 2018, the Ohio
Environmental Protection Agency
(Ohio) submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Cleveland area to
attainment of the 2012 annual national
ambient air quality standards (NAAQS
or standards) for fine particulate matter
(PM2.5) under the Clean Air Act (CAA).
EPA is proposing to grant Ohio’s
request. EPA is proposing to determine
that the Cleveland area has attained the
2012 annual PM2.5 standard, based on
the most recent three years of certified
air quality data. EPA is proposing to
approve a revision to the Ohio state
implementation plan (SIP) that the
Cleveland area meets the requirements
for redesignation under the CAA and for
the state’s maintenance plan for the
2012 annual PM2.5 NAAQS through
2030. Ohio’s maintenance plan
submission includes motor vehicle
emission budgets (MVEBs) for the
mobile source contribution of PM2.5 and
nitrogen oxides (NOX) to the Cleveland
area for transportation conformity
purposes; EPA is proposing to approve
the MVEBs for 2022 and 2030 into the
Ohio SIP. EPA is taking these actions in
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:37 Dec 21, 2018
Jkt 247001
accordance with the CAA and EPA’s
implementation regulations regarding
the 2012 annual PM2.5 NAAQS.
Comments must be received on
or before January 25, 2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0572 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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 actions are EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of the state’s
request?
1. Attainment Determination (Section
107(d)(3)(E)(i))
2. Section 110 and Part D Requirements,
and Approval SIP under Section 110(k)
(Section 107(d)(3)(E)(ii) and (v))
3. Permanent and Enforceable Reductions
in Emissions (Section 107(d)(3)(E)(iii))
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
4. Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
5. Motor Vehicle Emissions Budget
(MVEBs) for PM2.5 and NOX, and Safety
Margin for the Cleveland Area
V. What are the effects of EPA’s actions?
VI. Statutory and Executive Order Reviews
I. What actions are EPA taking?
EPA is taking several actions related
to the redesignation of the Cleveland
area to attainment of the 2012 annual
PM2.5 NAAQS. EPA is proposing that
the Cleveland moderate nonattainment
area is attaining the 2012 annual PM2.5
NAAQS. EPA is proposing to approve
Ohio’s 2012 annual PM2.5 maintenance
plan for the Cleveland area as a revision
to the Ohio SIP.
EPA is proposing to find that Ohio
meets the requirements for
redesignation of the Cleveland area to
attainment of the 2012 annual PM2.5
NAAQS under section 107(d)(3)(E) of
the CAA. EPA is thus proposing to grant
Ohio’s request to change the designation
of the Cleveland area from
nonattainment to attainment of the 2012
annual PM2.5 NAAQS. EPA’s analysis of
these actions are discussed in Section IV
of today’s rulemaking.
II. What is the background for these
actions?
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS to provide increased
protection of public health from fine
particle pollution (78 FR 3086; January
15, 2013). In that action, EPA
strengthened the primary annual PM2.5
standard from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3,
which is attained when the 3-year
average of the annual arithmetic means
does not exceed 12.0 mg/m3. On
December 18, 2014, the EPA
Administrator signed a final action
promulgating initial designations for the
2012 primary PM2.5 NAAQS based on
2011–2013 air quality monitoring data
for the majority of the United States.
The Cleveland nonattainment area is in
northeastern Ohio and includes
Cuyahoga and Lorain counties. Ohio’s
main PM2.5 components are primary
particles (organic particles, crustal
material, and elemental carbon) and
NOX, which were included in the
attainment demonstration analysis.
Volatile organic compounds (VOCs),
sulfur dioxide (SO2) and ammonia (NH3)
were determined to be insignificant for
attainment and New Source Review
(NSR) purposes (83 FR 45193), based on
a concentration-based contribution
analysis and a sensitivity-based analysis
conducted in accordance with the
E:\FR\FM\26DEP1.SGM
26DEP1
Agencies
[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66197-66200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27777]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0393; FRL-9988-23-Region 5]
Air Plan Approval; Ohio; Open Burning Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the open burning standards in the Ohio State
Implementation Plan (SIP) under the Clean Air Act (CAA). On June 4,
2018, Ohio Environmental Protection Agency (Ohio) requested the
approval of its revised open burning rules, which include adding
requirements for air curtain burners,
[[Page 66198]]
allowing law enforcement to burn seized drugs, further restricting the
materials that may burned, and updating definitions and references.
DATES: Comments must be received on or before January 25, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0393 at https://www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@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 EPA proposing to approve?
II. Why did Ohio request this SIP revision?
III. What is EPA's analysis of the revisions?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is EPA proposing to approve?
EPA is proposing to approve revisions to Ohio's open burning rules
submitted on June 4, 2018. The state submitted revisions to Ohio
Administrative Code (OAC) Chapter 3745-19, ``Open Burning Standards.''
EPA proposes approving the revised OAC rules 3745-19-01, 3745-19-03,
3745-19-04, and 3745-19-05 into the Ohio SIP.
II. Why did Ohio request this SIP revision?
Ohio reviewed and revised its open burning rules to satisfy a state
requirement to review its rules every five years. Ohio's submission
includes additional revisions that the state made since the last EPA
approval of OAC 3745-19 into the Ohio SIP on March 21, 2008 (73 FR
15081).
III. What is EPA's analysis of the revisions?
EPA evaluated the revisions to Ohio's open burning standards under
the CAA. The rules as effective at the state level on April 30, 2018,
were compared to rules approved into the Ohio SIP. The rules OAC 3745-
19-01, OAC 3745-19-03, OAC 3745-19-04, and OAC 3745-19-05 have changed.
EPA evaluated the revisions within those rules.
Ohio made minor revisions to rules OAC 3745-19-01, OAC 3745-19-03,
OAC 3745-19-04, and OAC 3745-19-05 that update citations, renumber
sections, and standardize formatting. EPA reviewed these minor
revisions, found them acceptable, and is proposing their approval.
OAC 3745-19-01, ``Definitions''
Ohio made additions to the definitions of agricultural waste and
residential waste that are more restrictive than those contained in the
current Ohio SIP. Ohio added definitions for air curtain burner, air
curtain destructor, building materials, and inhabited building. Other
open burning standards use these new definitions. OAC 3745-19-04(C)(6)
uses air curtain burner and air curtain destructor. OAC 3745-19-
03(C)(3)(e) and 3745-19-04(B)(3)(e) use building material. OAC 3745-19-
03 and 3745-19-04 use inhabited building. Ohio also updated the
incorporation by references. Ohio further updated the paragraphs to
keep the definitions in alphabetical order and made other clerical
revisions to OAC 3745-19-01. EPA finds that the additions and revisions
to OAC 3745-19-01, ``Definitions'' support Ohio's open burning
standards. EPA is proposing to approve the revisions.
OAC 3745-19-03, ``Open burning in restricted areas''
The addition of OAC 3745-19-03 (B)(5) allows law enforcement
agencies to burn seized drugs without notifying Ohio EPA. Ohio
previously allowed this under the ``similar purposes'' provision of OAC
3745-19-03 (B)(2). Ohio EPA concluded that adding OAC 3745-19-03 (B)(5)
does not affect the scope of the rule and will not interfere with the
attainment and maintenance of any National Ambient Air Quality Standard
(NAAQS) and meets CAA section 110(l) requirements.
Ohio moved OAC 3745-19-03 (D)(4) to (C)(4). Moving this paragraph
on prescribed burns, such as horticultural, silvicultural, and prairie
burns, alters the notification requirements. Events meeting the
definition and conditions in the rule will require prior notification
to Ohio EPA instead of the previous requirement of prior written
permission from Ohio EPA. Ohio added conditions at OAC 3745-19-03
(C)(4)(a) to (f). The party must meet the six conditions to burn that
are more restrictive than the previous requirement. The conditions
enhance notifications for the local fire department and public along
with recordkeeping requirements.
Ohio extended authorization for governmental agencies to burn for
controlling disease and pests, subject to requirements specified in OAC
3745-19-03(C)(1), to two additional health agencies, Ohio Department of
Health and the Centers for Disease Control and Prevention. Ohio also
revised OAC 3745-19-03 (C)(3)(b) and (e) to prohibit smoke from
creating a visibility hazard and adding plastic and building materials
to materials prohibited from being burned as agricultural waste.
Ohio's revisions to OAC 3745-19-03 adds, restricts, or rearrange,
existing standards such that it is reasonable to expect emissions from
open burning will not increase. Thus, EPA concurs that the revisions to
OAC 3745-19-03 will not interfere with the attainment or maintenance of
air quality standards. EPA finds that the revisions to ``Open burning
in restricted areas'' are acceptable and therefore proposes approval
into the Ohio SIP.
OAC 3745-19-04, ``Open burning in unrestricted areas''
Ohio added a size limit, 20 feet diameter and 10 feet height, for
residential and agricultural waste burning in OAC 3745-19-04 (B)(3)(f).
Waste piles larger than that size require prior notification to Ohio
EPA with this revision. In such a situation, Ohio EPA will have an
opportunity to review the burning plans and work with the regulated
entity such that human health and the environment remain protected.
Ohio added requirements for operating an air curtain burner at OAC
3745-19-04(C)(6). The owner or operator must obtain permit-to-install
and title V permits. OAC 3745-19-04(C)(6)(b) to (g) gives the
restrictions
[[Page 66199]]
on the location of the air curtain burner along with operating
conditions. Ohio EPA deems that adding OAC 3745-19-04(C)(6) does not
affect the scope of the rule and will not interfere with the attainment
and maintenance of any NAAQS and meets CAA section 110(l) requirements.
EPA found that air curtain burners are a potential means of reducing
waste volume while minimizing potentially harmful emissions, criteria
and hazardous air pollutants, in its ``Managing Debris after a Natural
Disaster'' report.\1\. Under CAA sections 111 and 129, operators of
subject solid waste incinerators must obtain a title V permit. Air
curtain burners regulated by 40 CFR 60.2974 or 60.3069 must obtain a
title V permit. Ohio's rule ensures sources meet this permitting
requirement.
---------------------------------------------------------------------------
\1\ U.S. EPA. Managing Debris after a Natural Disaster:
Evaluation of the Combustion of Storm-Generated Vegetative and C&D
Debris in an Air Curtain Burner: Source Emissions Measurement
Results. U.S. Environmental Protection Agency, Washington, DC, EPA/
600/R-16/353, 2016.
---------------------------------------------------------------------------
The other revisions to OAC 3745-19-04 are similar to the revisions
made in OAC 3745-19-03. Ohio added OAC 3745-19-04(B)(6) that allows law
enforcement to burn seized drugs without notifying Ohio EPA. Ohio moved
its prescribed burning rule from OAC 3745-19-04(C)(5) to (D)(2) while
adding conditions like those in OAC 3745-19-03(C)(4). Ohio revised OAC
3745-19-04(D), now (D)(1) with the addition of (D)(2), to include two
additional agencies, Ohio Department of Health and the Centers for
Disease Control and Prevention, into the requirements for health
agencies to burn for controlling disease and pests. This is analogous
to the revision of OAC 3745-19-03(C)(1). Further, Ohio revised the
residential and agricultural waste burning requirements of OAC 3745-19-
04(B)(3) to prohibit smoke from creating a visibility hazard and adding
plastic and building materials as prohibited materials. This revision
is comparable to revisions to OAC 3745-19-03(C)(3)(b) and (e).
Revisions that Ohio made to OAC 3745-19-04 that are similar to
revisions made to OAC 3745-19-03 are acceptable for the same reasons.
Namely, these revisions are to OAC 3745-19-04(B)(6), OAC 3745-19-
04(C)(6), OAC 3745-19-04(D)(1) and (2), plus the deletion of OAC 3745-
19-04(C)(5). It is reasonable to expect emissions from open burning
will not increase from those revisions. The change to OAC 3745-19-
04(B)(3)(f) adds a restriction. The addition of OAC 3745-19-04(C)(6)
regulates air curtain burners in a manner consistent with federal
rules. EPA finds the revisions to OAC 3745-19-04 acceptable and thus is
proposing the approval of this rule into the Ohio SIP.
OAC 3745-19-05, ``Permission to Individuals and Notification to the
Ohio EPA''
Ohio revised OAC 3745-19-05(A)(1) to clarify that applicants must
submit the application to burn at least 10 business days prior to the
burn. The revision also clarifies that open burning permissions are
effective on the date of issuance. At OAC 3745-19-05(A)(2)(b), Ohio
added fire size, quantity or acreage, as one of the required elements
of the open burning application. Ohio revised OAC 3745-19-05(A)(3) to
add ``when atmospheric conditions are appropriate'' to the elements the
applicant must demonstrate it will satisfy for Ohio to grant permission
to open burn.
EPA finds that the revisions to OAC 3745-19-05 improve clarity.
Adding the fire size will help Ohio evaluate the impacts from the fire
while reviewing the application. Burning during favorable atmospheric
conditions will avoid unnecessary impact on the public. EPA expects the
revised rule to continue to protect air quality and therefore is
proposing to approve OAC 3745-19-05.
IV. What action is EPA taking?
EPA is proposing to approve revisions to the open burning standards
in the Ohio SIP. EPA proposes approval of OAC 3745-19-01, OAC 3745-19-
03, OAC 3745-19-04, and OAC 3745-19-05, as submitted by Ohio on June 4,
2018.
V. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Ohio Administrative Code Chapter 3745-19-01 ``Definitions,''
3745-19-03 ``Open burning in restricted areas,'' 3745-19-04 ``Open
burning in unrestricted areas,'' and 3745-19-05 ``Permission to
individuals and notifications to the Ohio EPA'', effective April 30,
2018. 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).
VI. 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
[[Page 66200]]
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).
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: December 6, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-27777 Filed 12-21-18; 8:45 am]
BILLING CODE 6560-50-P