Air Plan Approval; Ohio; Ohio Permit Rules Revisions, 8257-8260 [2019-04065]
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Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
Regulatory Flexibility Act
The Secretary hereby certifies that
final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
directly affects only individuals and
will not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the
initial and final regulatory flexibility
analysis requirements of 5 U.S.C. 603
and 604.
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Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB), as any regulatory action
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this regulatory action
and determined that the action is not a
significant regulatory action under
Executive Order 12866. VA’s impact
analysis can be found as a supporting
document at https://
www.regulations.gov, usually within 48
hours after the rulemaking document is
published. Additionally, a copy of the
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rulemaking and its impact analysis are
available on VA’s website at https://
www.va.gov/orpm by following the link
for VA Regulations Published from FY
2004 through FYTD. This rule is not an
E.O. 13771 regulatory action because
this rule is not significant under E.O.
12866.
Dated: March 3, 2019.
Michael P. Shores,
Director, Office of Regulation Policy &
Management, Office of the Secretary,
Department of Veterans Affairs.
Unfunded Mandates
PART 17—MEDICAL
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.012—Veterans Prescription Service;
64.029—Purchase Care Program;
64.040—VHA Inpatient Medicine;
64.041—VHA Outpatient Specialty
Care; 64.042—VHA Inpatient Surgery;
64.045—VHA Outpatient Ancillary
Services; 64.047—VHA Primary Care;
64.050—VHA Diagnostic Care.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Government contracts, Grant
programs-health, Grant programsveterans, Health care, Health facilities,
Health professions, Health records,
Homeless, Medical and Dental schools,
Medical devices, Medical research,
Mental health programs, Nursing
homes, Reporting and recordkeeping
requirements, Travel and transportation
expenses, Veterans.
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Wilkie, Secretary, Department
of Veterans Affairs, approved this
document on January 11, 2019, for
publication.
PO 00000
For the reasons set forth in the
preamble, the VA amends 38 CFR part
17 as follows:
1. The authority citation for part 17 is
amended in the entry for §§ 17.380,
17.390 and 17.412 by adding ‘‘, and sec.
236, div. J, Pub. L 115–141, 132 Stat.
348’’ immediately after ‘‘857’’ to read in
part as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
*
*
*
*
*
2. Amend § 17.380 by revising
paragraph (b) to read as follows:
■
§ 17.380
In vitro fertilization treatment.
*
*
*
*
*
(b) The time periods regarding embryo
cryopreservation and storage set forth in
part III(G) and in part IV(H) of the
memorandum referenced in paragraph
(a)(3) of this section do not apply.
Embryo cryopreservation and storage
may be provided to an individual
described in paragraph (a)(1) of this
section without limitation on the
duration of such cryopreservation and
storage.
■ 3. Amend § 17.412 by revising
paragraph (b) to read as follows:
§ 17.412 Fertility counseling and treatment
for certain spouses.
*
*
*
*
*
(b) The time periods regarding embryo
cryopreservation and storage set forth in
part III(G) and in part IV(H) of the
memorandum referenced in paragraph
(a) of this section do not apply. Embryo
cryopreservation and storage may be
provided to a spouse of a covered
veteran without limitation on the
duration of such cryopreservation and
storage.
[FR Doc. 2019–04096 Filed 3–6–19; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0121; FRL–9990–44–
Region 5]
Air Plan Approval; Ohio; Ohio Permit
Rules Revisions
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
Final rule.
The Environmental Protection
Agency (EPA) is approving revisions to
Ohio air permitting rules at Ohio
Administrative Code (OAC) 3745–31
into the State Implementation Plan (SIP)
under the Clean Air Act (CAA). These
revisions represent minor changes to the
air permitting rules the Ohio
Environmental Protection Agency
(OEPA) adopted on April 21, 2016,
which became effective at the state level
on May 1, 2016.
DATES: This final rule is effective on
April 8, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0121. 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 Sam
Portanova, Environmental Engineer, at
(312) 886–3189 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Environmental Engineer, Air
Permits Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–3189, portanova.sam@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. Background
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On January 2, 2018, OEPA submitted
revisions to rules in OAC chapters
3745–31–01, 3745–31–03, 3745–31–05,
3745–31–06, 3745–31–11, 3745–31–13,
and 3745–31–14 to EPA for approval
into the SIP. These revisions pertain to
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air permitting rules which update
definitions, provisions for exemptions
and permits-by-rule, criteria for permitsto-install and permits-to-install-andoperate, and attainment provisions.
Ohio adopted revisions to these rules on
April 21, 2016. In the January 2, 2018,
submittal, OEPA requested that the
following paragraphs be excluded from
approval into the SIP: OAC 3745–31–
01(I), (NN)(2)(b) and (c), (SSS)(1)(b),
(CCCC)(2)(d) through (h), (QQQQ),
(JJJJJ), and (BBBBBB); 3745–31–
03(B)(1)(p) and (C)(2)(c)(iii); 3745–31–
05(A)(3)(a)(ii) and (E); and 3745–31–
13(H)(1)(c). On July 27, 2018, OEPA
submitted a supplement to the January
2, 2018, SIP submittal to address
requirements of Section 110(l) of the
CAA.
On October 25, 2018 (83 FR 53832),
EPA published a proposed approval of
the rule revisions included in the
January 2, 2018, submittal from OEPA.
The specific details of OEPA’s January
2, 2018, SIP submittal and the rationale
for EPA’s approval were discussed in
the October 25, 2018 proposed approval
and will not be restated here. EPA
received no comments during the
comment period of the proposed
approval.
II. What action is EPA taking?
EPA is approving rule revisions to
3745–31–01, 3745–31–03, 3745–31–05,
3745–31–06, 3745–31–11, 3745–31–13,
and 3745–31–14 that OEPA submitted
on January 2, 2018, into the SIP. EPA
finds that the revisions are consistent
with Federal requirements. As requested
by OEPA, the following provisions are
not included in this approval: OAC
3745–31–01(I), (NN)(2)(b) and (c),
(SSS)(1)(b), (CCCC)(2)(d) through (h),
(QQQQ), (JJJJJ), and (BBBBBB); 3745–
31–03(B)(1)(p) and (C)(2)(c)(iii); 3745–
31–05(A)(3)(a)(ii) and (E); and 3745–31–
13(H)(1)(c).
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
SIP, have been incorporated by
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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.1
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
1 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 6, 2019. 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, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 25, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(c) is amended by removing the first
entry for 3745–31–01 and revising the
entries for the remaining 3745–31–01
and 3745–31–03, 3745–31–05, 3745–31–
06, 3745–31–11, 3745–31–13, and 3745–
31–14 under ‘‘Chapter 3745–31 Permitto Install New Sources and Permit-toInstall and Operate Program’’ to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio effective date
Title/Subject
*
*
*
*
EPA Approval date
Notes
*
*
*
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Chapter 3745–31 Permit-to Install New Sources and Permit-to-Install and Operate Program
3745–31–01 ......
Definitions .............................................................
*
3745–31–03 ......
*
*
Exemptions and Permits-by-Rule ........................
*
*
3745–31–05 ......
*
*
Criteria for Decision by the Director ....................
*
3745–31–06 ......
Completeness Determinations, Processing Requirements, Public Participation, Public Notice
and Issuance.
*
3745–31–11 ......
*
*
Attainment Provisions—Ambient Air Increments,
Ceilings and Classifications.
*
*
3745–31–13 ......
*
*
Attainment Provisions—Review of Major Stationary Sources and Major Modifications, Stationary Source Applicability and Exemptions.
Attainment Provisions—Pre-application Analysis
*
3745–31–14 ......
*
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5/1/2016
5/1/2016
5/1/2016
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Register citation].
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Except
for
(C)(2)(c)(iii).
*
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Register citation].
3/7/2019, [Insert Federal
Register citation].
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*
Except for (A)(3)(a)(ii) and (E).
*
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Register citation].
5/1/2016
*
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Register citation].
5/1/2016
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Except for (I), (NN)(2)(b) and
(c), (SSS)(1)(b), (CCCC)(2)(d)
through (h), (QQQQ), (JJJJJ),
and (BBBBBB).
5/1/2016
*
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3/7/2019, [Insert Federal
Register citation].
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Except for (H)(1)(c).
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8260
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Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
*
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 60, 61, 63, 70, 271,
and 281
[EPA–R08–OAR–2018–0616 EPA–R08–
OAR–2018–0299 EPA–R08–RCRA–2018–
0084 and EPA–R08–UST–2018–0728;
FRL9990–24]
Approvals Concerning Revisions to
North Dakota’s Environmental
Protection Programs; Delay of
Effective Dates
Environmental Protection
Agency (EPA).
ACTION: Final rule; delay of effective
dates.
AGENCY:
Due to unforeseen delays
resulting from the lapse in
appropriations for the Environmental
Protection Agency (EPA), the EPA’s
final approvals concerning revisions to
North Dakota’s environmental
protection programs that have the effect
of transferring authority from the North
Dakota Department of Health (NDDH) to
the newly-created North Dakota
Department of Environmental Quality
(NDDEQ) are delayed until April 30,
2019. This action delays the effective
dates of the four relevant rules,
published in the Federal Register
between December 19, 2018 and
February 11, 2019.
DATES: The rule is effective April 30,
2019. The effective dates of the rules
published at 83 FR 65101 (December 19,
2018), 83 FR 65104 (December 19,
2018), 84 FR 1610 (February 5, 2019),
and 84 FR 3108 (February 11, 2019), are
delayed until April 30, 2019. See
SUPPLEMENTARY INFORMATION for details.
SUMMARY:
Federal Register citation
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Mai
Denawa, Office of Regional Counsel,
EPA Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129;
telephone number: 303–312–6514;
email address: denawa.mai@epa.gov.
SUPPLEMENTARY INFORMATION: Due to
unforeseen delays that the lapse in
appropriations has caused, the effective
dates for the rules listed in the table
below are revised to April 30, 2019.
These actions relate to the EPA’s final
approvals concerning revisions to North
Dakota’s environmental protection
programs that have the effect of
transferring authority to implement and
enforce previously EPA-authorized/
approved/delegated/codified
environmental protection programs
from the North Dakota Department of
Health (NDDH) to the newly-created
North Dakota Department of
Environmental Quality (NDDEQ).
However, because EPA has not issued
final approvals for all the relevant
environmental programs to the NDDEQ,
EPA is delaying the effective dates of
the approvals that have been finalized to
allow for the transfer of all the programs
to be synchronized, allowing them to
become effective without creating
uncertainty in the State entity that has
EPA approval to implement North
Dakota’s environmental programs.
The North Dakota legislature enacted
North Dakota Senate Bill 2327 (S.L.
2017, ch. 199, Section 1) in 2017 to
create the new NDDEQ. This law
requires that the transfer of authority
from NDDH to NDDEQ will only occur
if the State has obtained all approvals
from EPA to ensure that the State will
continue to meet federal requirements
for the respective environmental
programs. For the programs described in
the below table (as well as the
underground injection control program
under the Safe Drinking Water Act) that
require notice and comment in the
Federal Register as part of the approval
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2019–04065 Filed 3–6–19; 8:45 am]
process for the revision, the State is
relying on the date that EPA signs the
final notice as the required ‘‘approval’’
under S.L. 2017, ch. 1. 199, Section 1.
Once EPA approves revisions to all
relevant environmental programs, the
State intends to take the necessary
additional steps as specified in S.L.
2017, ch. 199, Section 1, to ensure that
the transfer in authority would be
effective under State law. EPA sought to
ensure that NDDEQ rules and the
NDDEQ would become effective under
State law prior to the effective date of
EPA’s approvals. Otherwise, EPA would
in effect approve an agency that did not
yet exist. Additionally, to prevent a gap
in an EPA-approved program while the
transfer occurs for the programs in the
below table, our final notices noted that
unless and until the NDDEQ rules and
agency become fully effective under
federal law, for purposes of federal law
the EPA recognizes the State’s program
as currently approved under NDDH. See
84 FR 1610 (February 5, 2019); 84 FR
3108 (February 11, 2019); 83 FR 65101
(December 19, 2018); 83 FR 65104
(December 19, 2018). Based on this
process and our subsequent
conversations with the State, EPA had
initially determined that our approval of
the revised programs in the below table
should become fully effective under
federal law on March 15, 2019.
However, the lapse in appropriations
has caused unforeseen delays in
completing issuance of the remaining
necessary approvals. Specifically, the
underground injection control (UIC)
program under the SDWA is still
pending final rule signature and review,
though a proposed rule has been
published and the comment period has
closed. (83 FR 62536, December 4,
2018). EPA is delaying the effective date
of the approvals in the below table
because the March 15 effective date is
no longer feasible.
Original
effective date
CFR part affected
Title
84 FR 1610, February 5,
2019 9.
Part 52 .............................
84 FR 3108, February 11,
2019.
Parts 60, 61, 63, 70 .........
Approval and Promulgation of Implementation
Plans; North Dakota; Revisions to Infrastructure
Requirements for All National Ambient Air Quality
Standards; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide (NO2); Ozone (O3); Particle Pollution (PM2.5, PM10); Sulfur Dioxide (SO2); Recodification.
Approval of Recodification and Revisions to State
Air Pollution Control Rules; North Dakota; Interim
Approval of Title V Program Recodification and
Revisions; Approval of Recodification and Revisions to State Programs and Delegation of Authority To Implement and Enforce Clean Air Act
Sections 111 and 112 Standards and Requirements.
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effective
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3/15/2019
4/30/2019
3/15/2019
4/30/2019
]]>Agencies
[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8257-8260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04065]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0121; FRL-9990-44-Region 5]
Air Plan Approval; Ohio; Ohio Permit Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
[[Page 8258]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Ohio air permitting rules at Ohio Administrative Code
(OAC) 3745-31 into the State Implementation Plan (SIP) under the Clean
Air Act (CAA). These revisions represent minor changes to the air
permitting rules the Ohio Environmental Protection Agency (OEPA)
adopted on April 21, 2016, which became effective at the state level on
May 1, 2016.
DATES: This final rule is effective on April 8, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0121. 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 Sam Portanova, Environmental Engineer, at (312) 886-
3189 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3189, portanova.sam@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. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On January 2, 2018, OEPA submitted revisions to rules in OAC
chapters 3745-31-01, 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-11,
3745-31-13, and 3745-31-14 to EPA for approval into the SIP. These
revisions pertain to air permitting rules which update definitions,
provisions for exemptions and permits-by-rule, criteria for permits-to-
install and permits-to-install-and-operate, and attainment provisions.
Ohio adopted revisions to these rules on April 21, 2016. In the January
2, 2018, submittal, OEPA requested that the following paragraphs be
excluded from approval into the SIP: OAC 3745-31-01(I), (NN)(2)(b) and
(c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and
(BBBBBB); 3745-31-03(B)(1)(p) and (C)(2)(c)(iii); 3745-31-
05(A)(3)(a)(ii) and (E); and 3745-31-13(H)(1)(c). On July 27, 2018,
OEPA submitted a supplement to the January 2, 2018, SIP submittal to
address requirements of Section 110(l) of the CAA.
On October 25, 2018 (83 FR 53832), EPA published a proposed
approval of the rule revisions included in the January 2, 2018,
submittal from OEPA. The specific details of OEPA's January 2, 2018,
SIP submittal and the rationale for EPA's approval were discussed in
the October 25, 2018 proposed approval and will not be restated here.
EPA received no comments during the comment period of the proposed
approval.
II. What action is EPA taking?
EPA is approving rule revisions to 3745-31-01, 3745-31-03, 3745-31-
05, 3745-31-06, 3745-31-11, 3745-31-13, and 3745-31-14 that OEPA
submitted on January 2, 2018, into the SIP. EPA finds that the
revisions are consistent with Federal requirements. As requested by
OEPA, the following provisions are not included in this approval: OAC
3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b), (CCCC)(2)(d) through
(h), (QQQQ), (JJJJJ), and (BBBBBB); 3745-31-03(B)(1)(p) and
(C)(2)(c)(iii); 3745-31-05(A)(3)(a)(ii) and (E); and 3745-31-
13(H)(1)(c).
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 SIP, 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
[[Page 8259]]
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 6, 2019. 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, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 25, 2019.
Cheryl L. Newton,
Acting 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 by removing
the first entry for 3745-31-01 and revising the entries for the
remaining 3745-31-01 and 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-
11, 3745-31-13, and 3745-31-14 under ``Chapter 3745-31 Permit-to
Install New Sources and Permit-to-Install and Operate Program'' to read
as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio
Ohio citation Title/Subject effective EPA Approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
----------------------------------------------------------------------------------------------------------------
3745-31-01.............. Definitions....... 5/1/2016 3/7/2019, [Insert Federal Except for (I),
Register citation]. (NN)(2)(b) and
(c), (SSS)(1)(b),
(CCCC)(2)(d)
through (h),
(QQQQ), (JJJJJ),
and (BBBBBB).
* * * * * * *
3745-31-03.............. Exemptions and 5/1/2016 3/7/2019, [Insert Federal Except for
Permits-by-Rule. Register citation]. (B)(1)(p) and
(C)(2)(c)(iii).
* * * * * * *
3745-31-05.............. Criteria for 5/1/2016 3/7/2019, [Insert Federal Except for
Decision by the Register citation]. (A)(3)(a)(ii) and
Director. (E).
3745-31-06.............. Completeness 5/1/2016 3/7/2019, [Insert Federal ..................
Determinations, Register citation].
Processing
Requirements,
Public
Participation,
Public Notice and
Issuance.
* * * * * * *
3745-31-11.............. Attainment 5/1/2016 3/7/2019, [Insert Federal ..................
Provisions--Ambie Register citation].
nt Air
Increments,
Ceilings and
Classifications.
* * * * * * *
3745-31-13.............. Attainment 5/1/2016 3/7/2019, [Insert Federal Except for
Provisions--Revie Register citation]. (H)(1)(c).
w of Major
Stationary
Sources and Major
Modifications,
Stationary Source
Applicability and
Exemptions.
3745-31-14.............. Attainment 5/1/2016 3/7/2019, [Insert Federal ..................
Provisions--Pre- Register citation].
application
Analysis.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 8260]]
* * * * *
[FR Doc. 2019-04065 Filed 3-6-19; 8:45 am]
BILLING CODE 6560-50-P
