[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21719-21722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09651]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0759; FRL-9977-69--Region 5]


Air Plan Approval; Ohio; Regional Haze Plan and Prong 4 
(Visibility) for the 2006 and 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 
Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking the 
following five actions: Approving the portion of Ohio's November 30, 
2016 State Implementation Plan (SIP) submittal seeking to change from 
reliance on the

[[Page 21720]]

Clean Air Interstate Rule (CAIR) to reliance on Cross-State Air 
Pollution Rule (CSAPR) for certain regional haze requirements; 
converting EPA's limited approval/limited disapproval of Ohio's March 
11, 2011 regional haze SIP to a full approval; withdrawing the Federal 
Implementation Plan (FIP) provisions that address the limited 
disapproval; approving the visibility prong of Ohio's infrastructure 
SIP submittals for the 2012 annual and 2006 24-hour fine particulate 
matter (PM2.5), 2010 nitrogen dioxide (NO2), and 
2010 sulfur dioxide (SO2) National Ambient Air Quality 
Standards (NAAQS); and converting EPA's disapproval of the visibility 
portion of Ohio's infrastructure SIP submittal for the 2008 ozone NAAQS 
to an approval.

DATES: This final rule is effective on June 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0759. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Michelle Becker, Life Scientist, at (312) 886-3901 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background

    Ohio submitted infrastructure SIPs for the following NAAQS: 2006 
24-hour PM2.5 (September 4, 2009); 2012 annual 
PM2.5 (December 4, 2015); 2010 NO2 (February 8 
and 25, 2013); 2010 SO2 (June 7, 2013); and 2008 ozone 
(December 27, 2012), which relied on the State having a fully approved 
regional haze SIP to satisfy its prong 4 requirements. However, EPA had 
not fully approved Ohio's regional haze SIP, as the Agency issued a 
limited disapproval of the State's original regional haze plan on June 
7, 2012, due to the plan's reliance on CAIR. To correct the 
deficiencies in its regional haze SIP and obtain approval of the 
aforementioned infrastructure SIPs that rely on the regional haze SIP, 
the State submitted a SIP revision on November 30, 2016, to replace 
reliance on CAIR with reliance on CSAPR.
    Ohio has corrected the deficiencies that led to EPA's limited 
approval/limited disapproval of the State's regional haze SIP. 
Accordingly, EPA is approving the regional haze portion of the State's 
November 30, 2016 SIP revision and converting EPA's previous action on 
Ohio's regional haze SIP from a limited approval/limited disapproval to 
a full approval. Specifically, EPA finds that this portion of Ohio's 
November 30, 2016, SIP revision satisfies the SO2 and 
NOX BART requirements and SO2 reasonable progress 
requirements for EGUs formerly subject to CAIR. With the approval of 
Ohio's regional haze SIP revision, the State's SIP now provides for the 
measures needed to ensure that its emissions do not interfere with 
measures required to be included in other states' plans to protect 
visibility. Therefore, EPA is also approving the prong 4 portion of 
Ohio's 2006 24-hour PM2.5 submission, 2012 annual 
PM2.5 submission, 2010 NO2 submissions, and 2010 
SO2 submission; as well as converting EPA's disapproval of 
the prong 4 portions of Ohio's 2008 ozone infrastructure submission to 
an approval. On September 29, 2017 (82 FR 45481), EPA published a final 
rule affirming the continued validity of the Agency's 2012 
determination that participation in CSAPR meets the Regional Haze 
Rule's criteria for an alternative to the application of source 
specific BART. In line with this affirmation, EPA is approving Ohio's 
regional haze and prong 4 submissions described above.
    On December 21, 2017 (82 FR 60572), EPA published a notice of 
proposed rulemaking (NPR) proposing approval of Ohio's November 30, 
2016 SIP revision allowing for the full approval of Ohio's Regional 
Haze SIP, the removal of the Regional Haze FIP, and the approval of 
prong 4 elements.
    The specific details of Ohio's November 30, 2016 SIP revision and 
the rationale for EPA's approval are discussed in the NPR and will not 
be restated here. EPA received three comments on the proposed action, 
none were relevant to the rulemaking.

II. What action is EPA taking?

    EPA is taking the following actions: (1) Approving the portion of 
Ohio's November 30, 2016 SIP submittal seeking to change from reliance 
on CAIR to reliance on CSAPR for certain regional haze requirements; 
(2) converting EPA's limited approval/limited disapproval of Ohio's 
March 11, 2011 regional haze SIP to a full approval; (3) withdrawing 
the FIP provisions that address the limited disapproval; (4) approving 
the visibility prong of Ohio's infrastructure SIP submittals for the 
2006 and 2012 PM2.5, 2010 NO2, and 2010 
SO2 NAAQS; and (5) converting EPA's disapproval of the 
visibility portion of Ohio's infrastructure SIP submittal for the 2008 
ozone NAAQS to an approval. EPA is also making some consistency and 
clarifying edits to Ohio's infrastructure SIP table in 40 CFR 52.1870 
for submittals not affected by today's action.

III. Statutory and Executive Order Reviews

A. Executive Orders 12866 and 13563: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities.

[[Page 21721]]

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. There are no Indian reservation lands in Ohio. 
Thus, Executive Order 13175 does not apply to this rule.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. Therefore, 
the EPA is not considering the use of any voluntary consensus 
standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

M. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability.

N. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 9, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur 
oxides, Visibility, Volatile organic compounds.

    Dated: April 30, 2018.
E. Scott Pruitt,
EPA Administrator.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1870, the table in paragraph (e) is amended by revising 
the entries under the headings ``Infrastructure Requirements'' and 
``Visibility Protection'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                        EPA--Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                 Applicable geographical or
             Title                   non-attainment area        State date      EPA approval        Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)               Statewide...................       12/5/2007  7/13/2011, 76 FR  Fully approved
 infrastructure requirements                                                   41075.            for all CAA
 for the 1997 8-hour ozone                                                                       elements except
 NAAQS.                                                                                          110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been remedied
                                                                                                 with a FIP.
Section 110(a)(2)               Statewide...................       12/5/2007  7/13/2011, 76 FR  Fully approved
 infrastructure requirements                                                   41075.            for all CAA
 for the 1997 PM2.5 NAAQS.                                                                       elements except
                                                                                                 110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been remedied
                                                                                                 with a FIP.
Section 110(a)(2)               Statewide...................        9/4/2009  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2006 PM2.5 NAAQS.                                                     Register          elements except
                                                                               citation].        110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been
                                                                                                 disapproved and
                                                                                                 remedied with a
                                                                                                 FIP.

[[Page 21722]]

 
Section 110(a)(2)               Statewide...................      10/12/2011  10/6/2014, 79 FR  Fully approved
 infrastructure requirements                                                   60075.            for all CAA
 for the 2008 lead NAAQS.                                                                        elements.
Section 110(a)(2)               Statewide...................      12/27/2012  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2008 ozone NAAQS.                                                     Register          elements except
                                                                               citation].        110(a)(2)(D)(I)
                                                                                                 , which has
                                                                                                 been
                                                                                                 disapproved and
                                                                                                 remedied with a
                                                                                                 FIP.
Section 110(a)(2)               Statewide...................        2/8/2013  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2010 NO2 NAAQS.                                                       Register          elements.
                                                                               citation].
Section 110(a)(2)               Statewide...................        6/7/2013  5/10/2018,        No action has
 infrastructure requirements                                                   [Insert Federal   been taken on
 for the 2010 SO2 NAAQS.                                                       Register          110(a)(2)(D)(I)
                                                                               citation].        . All other CAA
                                                                                                 elements have
                                                                                                 been approved.
Section 110(a)(2)(D)            Statewide...................       12/4/2015  5/10/2018,        Fully approved
 infrastructure requirements                                                   [Insert Federal   for all CAA
 for the 2012 PM2.5 NAAQS.                                                     Register          elements.
                                                                               citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Visibility Protection
----------------------------------------------------------------------------------------------------------------
Regional Haze Plan............  Statewide...................      11/30/2016  5/10/2018,        Full Approval.
                                                                               [Insert Federal
                                                                               Register
                                                                               citation].
Regional Haze Five-Year         Statewide...................       3/11/2016  12/21/2017, 82    ................
 Progress Report.                                                              FR 60543.
----------------------------------------------------------------------------------------------------------------

Sec.  52.1886   [Removed and Reserved]

0
3. Section 52.1886 is removed and reserved.

[FR Doc. 2018-09651 Filed 5-9-18; 8:45 am]
 BILLING CODE 6560-50-P


