Air Plan Approval; Ohio; Open Burning Rules, 29378-29380 [2019-13111]
Download as PDF
<![CDATA[
29378
Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations
on-scene representative may be
contacted via VHF Channel 16 or at
313–568–9464. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
Dated: June 14, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2019–13133 Filed 6–21–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0489]
Recurring Safety Zone; EQT 4th of July
Celebration, Pittsburgh, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the EQT 4th of July
Fireworks to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Allegheny, Ohio, and Monongahela
River during this event. Our regulation
for the marine events within the Eighth
Coast Guard District identifies the
regulated area for the event in
Pittsburgh, PA. During the enforcement
periods, entry into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
DATES: The regulations in 33 CFR
165.801, Table 1, Line 47, will be
enforced on July 4, 2019 from 9 p.m. to
10:40 p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
Charles Morris, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–670–4288, email Charles.F.Morris@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
EQT 4th of July Celebration in 33 CFR
165.801, Table 1, Line 47, on July 4,
2019 from 9 p.m. to 10:40 p.m. This
action is being taken to provide for the
safety of persons, vessels, and the
marine environment on the navigable
waters of the Ohio River during this
event. Our regulation for marine events
within the Eighth Coast Guard District,
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:11 Jun 21, 2019
Jkt 247001
§ 165.801 specifies the location of the
regulated area for the EQT 4th of July
Celebration. Entry into the regulated
area is prohibited unless authorized by
the Captain of the Port Marine Safety
Unit Pittsburgh (COTP) or a designated
representative. Persons or vessels
desiring to enter into or pass through
the regulated area must request
permission from the COTP or a
designated representative. They can be
reached on VHF FM channel 16. If
permission is granted, all persons and
vessels shall comply with the
instructions of the COTP or designated
representative.
In addition to this notice of
enforcement in the Federal Register, the
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs),
Marine Safety Information Bulletins
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of each enforcement.
Dated: June 19, 2019.
S. Miros,
Lieutenant Commander, U.S. Coast Guard,
Captain of the Port Marine Safety Unit
Pittsburgh, Acting.
[FR Doc. 2019–13384 Filed 6–21–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0393; FRL–9995–42–
Region 5]
Air Plan Approval; Ohio; Open Burning
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the open burning standards in the Ohio
State Implementation Plan (SIP) under
the Clean Air Act (CAA). On June 4,
2018, the Ohio Environmental
Protection Agency (Ohio) requested the
approval of its revised open burning
rules, which include changes pertaining
to certain types of open burning, adding
requirements for air curtain burners,
allowing law enforcement to burn
seized drugs, further restricting the
materials that may be burned, and
updating definitions and references.
Ohio is in attainment of the National
Ambient Air Quality Standards
(NAAQS) for particulate matter.
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
This final rule is effective on July
24, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0393. 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 Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Control
Strategies 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:
DATES:
I. Background
II. Public comments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Ohio submitted revisions to Ohio
Administrative Code (OAC) Chapter
3745–19, ‘‘Open Burning Standards,’’ on
June 4, 2018. To satisfy a state
requirement to review its rules every
five years, Ohio had reviewed and
revised its open burning rules and
requested EPA approval of revised OAC
rules 3745–19–01, 3745–19–03, 3745–
19–04, and 3745–19–05 as changes to
the existing Ohio SIP. The rules are
effective at the state level as of April 30,
2018.
EPA evaluated the revisions to Ohio’s
open burning standards under the CAA
and compared the revised rules to the
rules that EPA has previously approved
into the Ohio SIP. EPA finds that the
revised rules will not interfere with
continued attainment and maintenance
E:\FR\FM\24JNR1.SGM
24JNR1
Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations
jbell on DSK3GLQ082PROD with RULES
of the NAAQS for particulate matter and
meet CAA section 110(l) requirements.
On December 26, 2018 (83 FR 66197),
EPA proposed approval of the revised
open burning rules into the Ohio SIP. A
more detailed analysis of each rule
revision is found in the notice of
proposed rulemaking.
II. Public comments
EPA received two anonymous
comments during the 30-day comment
period on the December 26, 2018
proposed rule.
The first comment received stated
that, ‘‘All of this rule should be
tightened up to prevent air pollution.’’
The first commenter was concerned that
emissions from open burning do not
stay in Ohio, those emissions impact
states to the east more than Ohio itself,
and thus the Ohio rules should be
stricter.
The second comment received stated
that, ‘‘The proposed revisions to Ohio’s
open burning standards are agreeable.’’
The commenter stated that emissions
from open burning are not expected to
increase as result of the revise Ohio
regulations, but did ask two questions:
(1) What will happen if the open
burning emissions are not the same after
the SIP revision and thus are more than
expected; (2) does EPA have ‘‘targets for
emission’’ in Ohio?
EPA Response: Ohio’s open burning
rules are written to minimize the impact
of emissions from open burning on the
public. The rules require notification of
those anticipated to be impacted and
encourage the burning to occur during
favorable conditions to help minimize
those impacts.
EPA evaluated Ohio’s SIP revision
request by comparing the OAC 3745–19
rules as submitted to the rules as
approved into the Ohio SIP. As
explained in the proposal (December 26,
2018, 83 FR 66197), EPA evaluated the
open burning revisions under the CAA.
EPA’s analysis found the public will
continue to be protected following the
rule revisions. Both Ohio and the EPA
anticipate that the revisions to the open
burning regulations will result in a
negligible increase in emissions. For
example, changing the definition
section and the numbering of the
regulations should have no impacts on
the amount of emissions. The revision
moving prescribed burning activities 1
from OAC 3745–19–03(D)(4) to OAC
3745–19–03(C)(4), changes the
requirement from obtaining prior
permission to burn, in writing, to
1 Horticultural, silvicultural, range management,
prairie and grassland management, invasive species
management, or wildlife management fires.
VerDate Sep<11>2014
16:11 Jun 21, 2019
Jkt 247001
providing the state agency with
notification to burn. This rule revision
is unlikely to increase emissions
because the requirements in OAC 3745–
19–03(C)(4) are as stringent as the
requirements in OAC 3745–19–03(D)(4).
If any increase in emissions from open
burning were to interfere with
attainment or maintenance of the
NAAQS, interfere with visibility, or
otherwise adversely impact public
health, Ohio and EPA have the authority
to take necessary action to address such
emission increases.
Regarding the second commenter’s
question, EPA does not have specific
‘‘targets for emissions’’ from open
burning in Ohio. However, there are
generally applicable legal requirements
such as the NAAQS for PM–10 and
PM2.5 that all areas of the state must
meet. Federal and state law require
emission reductions of a pollutant or
multiple pollutants for purposes of
attaining and maintaining the NAAQS.
These obligations may include
restrictions on emissions from specified
sources or activities set at a level
expected to bring the area into
attainment of the relevant NAAQS. Ohio
is in attainment of NAAQS for PM–10
and PM2.5.
III. What action is EPA taking?
EPA is approving revisions to the
open burning standards into the Ohio
SIP. EPA is approving OAC 3745–19–
01, OAC 3745–19–03, OAC 3745–19–04,
and OAC 3745–19–05, effective at the
state level on April 30, 2018.
IV. 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.2
2 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00009
Fmt 4700
Sfmt 4700
29379
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);
• 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\24JNR1.SGM
24JNR1
29380
Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations
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 August 23, 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, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: June 11, 2019.
Cathy Stepp,
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 revising the entries
for 3745–19–01, 3745–19–03, 3745–19–
04 and 3745–19–05 under ‘‘Chapter
3745–19 Open Burning Standards’’ to
read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED OHIO REGULATIONS
Ohio citation
Ohio
effective
date
Title/subject
*
*
*
*
Chapter 3745–19
*
3745–19–03 .....
*
*
Open burning in restricted areas .......................
3745–19–04 .....
Open burning in unrestricted areas ...................
4/30/2018
3745–19–05 .....
Permission to individuals and notification to the
Ohio EPA.
4/30/2018
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0748; FRL–9995–41–
Region 1]
Air Plan Approval; Massachusetts;
Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
VerDate Sep<11>2014
18:53 Jun 21, 2019
Jkt 247001
*
4/30/2018
*
*
*
*
6/24/2019, [Insert Federal
Register citation].
6/24/2019, [Insert Federal
Register citation].
6/24/2019, [Insert Federal
Register citation].
*
6/24/2019[Insert Federal
Register citation].
*
Final rule.
The Environmental Protection
Agency (EPA) is approving most
elements of a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Massachusetts for the
infrastructure requirements for the 2012
fine particle (PM2.5) National Ambient
Air Quality Standard (NAAQS),
including the interstate transport
requirements. We are making findings of
failure to submit for the prevention of
significant deterioration (PSD)
requirements of infrastructure SIPs for
the 2012 PM2.5 NAAQS. For
infrastructure SIP requirements for the
1997 and 2006 PM2.5 NAAQS, we are
also approving previously unaddressed
elements and converting certain
SUMMARY:
BILLING CODE 6560–50–P
AGENCY:
4/30/2018
*
ACTION:
[FR Doc. 2019–13111 Filed 6–21–19; 8:45 am]
PO 00000
Frm 00010
Notes
Open Burning Standards
Definitions ..........................................................
*
jbell on DSK3GLQ082PROD with RULES
*
3745–19–01 .....
*
EPA approval date
Fmt 4700
Sfmt 4700
*
*
previous conditional approvals to full
approval. We are also converting to full
approvals previous conditional
approvals for the 1997 and 2008 ozone,
2008 lead, 2010 sulfur dioxide, and
2010 nitrogen dioxide NAAQS. Finally,
EPA is approving five new or amended
definitions regarding the NAAQS and
Particulate Matter and a state Executive
Order regarding consultation by state
agencies with local governments. This
action is being taken in accordance with
the Clean Air Act.
DATES: This rule is effective on July 24,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0748. All documents in the docket
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29378-29380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13111]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0393; FRL-9995-42-Region 5]
Air Plan Approval; Ohio; Open Burning Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the open burning standards in the Ohio State
Implementation Plan (SIP) under the Clean Air Act (CAA). On June 4,
2018, the Ohio Environmental Protection Agency (Ohio) requested the
approval of its revised open burning rules, which include changes
pertaining to certain types of open burning, adding requirements for
air curtain burners, allowing law enforcement to burn seized drugs,
further restricting the materials that may be burned, and updating
definitions and references. Ohio is in attainment of the National
Ambient Air Quality Standards (NAAQS) for particulate matter.
DATES: This final rule is effective on July 24, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0393. 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 Matt Rau, Environmental Engineer, at (312) 886-6524
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [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. Public comments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Ohio submitted revisions to Ohio Administrative Code (OAC) Chapter
3745-19, ``Open Burning Standards,'' on June 4, 2018. To satisfy a
state requirement to review its rules every five years, Ohio had
reviewed and revised its open burning rules and requested EPA approval
of revised OAC rules 3745-19-01, 3745-19-03, 3745-19-04, and 3745-19-05
as changes to the existing Ohio SIP. The rules are effective at the
state level as of April 30, 2018.
EPA evaluated the revisions to Ohio's open burning standards under
the CAA and compared the revised rules to the rules that EPA has
previously approved into the Ohio SIP. EPA finds that the revised rules
will not interfere with continued attainment and maintenance
[[Page 29379]]
of the NAAQS for particulate matter and meet CAA section 110(l)
requirements. On December 26, 2018 (83 FR 66197), EPA proposed approval
of the revised open burning rules into the Ohio SIP. A more detailed
analysis of each rule revision is found in the notice of proposed
rulemaking.
II. Public comments
EPA received two anonymous comments during the 30-day comment
period on the December 26, 2018 proposed rule.
The first comment received stated that, ``All of this rule should
be tightened up to prevent air pollution.'' The first commenter was
concerned that emissions from open burning do not stay in Ohio, those
emissions impact states to the east more than Ohio itself, and thus the
Ohio rules should be stricter.
The second comment received stated that, ``The proposed revisions
to Ohio's open burning standards are agreeable.'' The commenter stated
that emissions from open burning are not expected to increase as result
of the revise Ohio regulations, but did ask two questions: (1) What
will happen if the open burning emissions are not the same after the
SIP revision and thus are more than expected; (2) does EPA have
``targets for emission'' in Ohio?
EPA Response: Ohio's open burning rules are written to minimize the
impact of emissions from open burning on the public. The rules require
notification of those anticipated to be impacted and encourage the
burning to occur during favorable conditions to help minimize those
impacts.
EPA evaluated Ohio's SIP revision request by comparing the OAC
3745-19 rules as submitted to the rules as approved into the Ohio SIP.
As explained in the proposal (December 26, 2018, 83 FR 66197), EPA
evaluated the open burning revisions under the CAA. EPA's analysis
found the public will continue to be protected following the rule
revisions. Both Ohio and the EPA anticipate that the revisions to the
open burning regulations will result in a negligible increase in
emissions. For example, changing the definition section and the
numbering of the regulations should have no impacts on the amount of
emissions. The revision moving prescribed burning activities \1\ from
OAC 3745-19-03(D)(4) to OAC 3745-19-03(C)(4), changes the requirement
from obtaining prior permission to burn, in writing, to providing the
state agency with notification to burn. This rule revision is unlikely
to increase emissions because the requirements in OAC 3745-19-03(C)(4)
are as stringent as the requirements in OAC 3745-19-03(D)(4). If any
increase in emissions from open burning were to interfere with
attainment or maintenance of the NAAQS, interfere with visibility, or
otherwise adversely impact public health, Ohio and EPA have the
authority to take necessary action to address such emission increases.
---------------------------------------------------------------------------
\1\ Horticultural, silvicultural, range management, prairie and
grassland management, invasive species management, or wildlife
management fires.
---------------------------------------------------------------------------
Regarding the second commenter's question, EPA does not have
specific ``targets for emissions'' from open burning in Ohio. However,
there are generally applicable legal requirements such as the NAAQS for
PM-10 and PM2.5 that all areas of the state must meet.
Federal and state law require emission reductions of a pollutant or
multiple pollutants for purposes of attaining and maintaining the
NAAQS. These obligations may include restrictions on emissions from
specified sources or activities set at a level expected to bring the
area into attainment of the relevant NAAQS. Ohio is in attainment of
NAAQS for PM-10 and PM2.5.
III. What action is EPA taking?
EPA is approving revisions to the open burning standards into the
Ohio SIP. EPA is approving OAC 3745-19-01, OAC 3745-19-03, OAC 3745-19-
04, and OAC 3745-19-05, effective at the state level on April 30, 2018.
IV. 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.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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);
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 29380]]
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 August 23, 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, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: June 11, 2019.
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 by revising
the entries for 3745-19-01, 3745-19-03, 3745-19-04 and 3745-19-05 under
``Chapter 3745-19 Open Burning Standards'' 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 3745-19 Open Burning Standards
----------------------------------------------------------------------------------------------------------------
3745-19-01................. Definitions.......... 4/30/2018 6/24/2019[Insert .....................
Federal Register
citation].
* * * * * * *
3745-19-03................. Open burning in 4/30/2018 6/24/2019, [Insert .....................
restricted areas. Federal Register
citation].
3745-19-04................. Open burning in 4/30/2018 6/24/2019, [Insert .....................
unrestricted areas. Federal Register
citation].
3745-19-05................. Permission to 4/30/2018 6/24/2019, [Insert .....................
individuals and Federal Register
notification to the citation].
Ohio EPA.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-13111 Filed 6-21-19; 8:45 am]
BILLING CODE 6560-50-P
