
[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]


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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.

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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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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

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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
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                                                  Ohio
      Ohio citation          Title/Subject     effective           EPA Approval date                 Notes
                                                  date
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                                                  * * * * * * *
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             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.
 
                                                  * * * * * * *
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[FR Doc. 2019-04065 Filed 3-6-19; 8:45 am]
 BILLING CODE 6560-50-P


