[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Rules and Regulations]
[Pages 69299-69302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0672; FRL-9902-03-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Ohio SO2 Air Quality Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On June 24, 2011, Ohio Environmental Protection Agency (Ohio 
EPA) submitted for Clean Air Act (CAA) State Implementation Plan (SIP) 
approval, revisions to Ohio Administrative Code (OAC) rules: 3745-18-
01, 3745-18-03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79, 
3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94. The rule 
revisions primarily update facility information and remove 
SO2 requirements for shutdown facilities throughout the SIP. 
EPA believes that the revisions improve the clarity of the rule without 
affecting the stringency and therefore is approving all of the 
submitted revisions except for specific paragraphs in OAC 3745-18-04.

DATES: This rule is effective January 21, 2014, unless EPA receives 
adverse comments by December 19, 2013. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0672, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2011-0672. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy 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 Sarah Arra, Environmental Scientist, at 
(312)

[[Page 69300]]

886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [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. Review of Ohio's Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    Ohio law requires a five year review of all regulations. Ohio 
conducted a review on OAC 3745-18 and made revisions throughout the 
rules. The rule revisions are primarily updating facility information 
and removing requirements that apply to shutdown facilities. Ohio EPA 
submitted the rule revisions to EPA on June 24, 2011. EPA's most recent 
approval for revisions to OAC 3745-18 was published in the Federal 
Register on March 21, 2008 at 73 FR 15083. For a full history of the 
federally approved revisions to OAC 3745-18, see the Background section 
of rulemaking published in the Federal Register on May 1, 2007 at 72 FR 
23783.

II. Review of Ohio's Submittal

    During Ohio's five year review, Ohio made revisions to rules: 3745-
18-01, 3745-18-03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79, 
3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94.
    Numerous revisions to OAC 3745-18 were updates of existing facility 
information. Several facilities had changes in premise numbers. Several 
other facilities were updated with name changes. An emissions limit was 
updated for the Sunoco, Inc., Toledo Refinery. This limit is consistent 
with EPA's consent order 05CV2866. The updates to these facilities 
allow for consistent recordkeeping and easier compliance tracking.
    Most of the substantial rule revisions were the removal of 
requirements for shutdown facilities from the SIP. Ohio's criteria for 
removing requirements for a facility from the SIP is that the facility 
has been permanently and enforceablely shutdown for at least five 
years. EPA and Ohio EPA are confident that all the facilities for which 
requirements are being removed from the SIP are permanently and 
enforceablely shut down. When confirming a shutdown facility, EPA 
relies on the State's database. EPA confirmed that all of the shutdown 
facilities are in Ohio EPA's database. Table 1 in EPA's September 2013 
Technical Support Document (TSD), available in the docket for this 
rulemaking, shows the facilities that have been shut down with their 
shutdown dates. For the last third of Table 1, EPA was not able to 
confirm a shutdown date for the facilities. Ohio EPA confirmed that 
these facilities were shut down before the existence of the database 
and supplied information on the shutdown of these facilities in the 
last column of Table 1.
    The last eight facilities in Table 1 of the TSD are still 
operating. However, Ohio EPA and EPA agree that it is appropriate to 
remove the SO2 requirements from the SIP because all 
SO2 applicable emissions units are shut down and would 
require a new permit for restart.
    Table 2 in the TSD is a list of facilities that are still operating 
emission units applicable to the SIP, but have units that have shut 
down. Therefore, for clarity of the rule, it is appropriate to remove 
the SO2 requirements for the shutdown units from the SIP.
    For the few cases where the facility still operates, but the 
emissions units are shut down, the permits have been revoked and new 
permits would need to be issued if the units ever restarted. EPA is 
confident that all facilities where SO2 requirements have 
been removed from the SIP are permanently and enforceablely shutdown. 
Therefore, removing SO2 requirements for these facilities 
from OAC 3745-18 does not have any negative impact on the environment, 
but instead, improves the clarity of the rules.
    EPA is not taking action on selected paragraphs in OAC 3745-18-04. 
Paragraph OAC 37-18-04(D)(9), contains a typographical error that 
changes the testing method required in the paragraph. EPA is not taking 
action on this paragraph, so the version that was state effective on 
March 21, 2000 will remain in effect for the Federally approved SIP. 
Ohio sent an email on September 20, 2013 acknowledging this error. EPA 
is also not taking action on paragraphs OAC 37-18-04(D)(2), (D)(3), 
(D)(5), (D)(6), (E)(2), (E)(3), and (E)(4). These paragraphs have not 
been previously approved by EPA and are outside the cleanup intent of 
these SIP revisions.

III. What action is EPA taking?

    EPA is approving OAC 3745-18-01, 3745-18-03, 3745-18-05 to 3745-18-
52, 3745-18-54 to 3745-18-77, 3745-18-79, 3745-18-81 to 3745-18-89, 
3745-18-91 to 3745-18-94, and parts of 3745-18-04. The revisions mainly 
remove the SO2 requirements for permanently shutdown 
facilities from the SIP. EPA believes the revisions improve the clarity 
of the rule without affecting the stringency of the SIP. EPA is not 
taking action on OAC 3745-18-04(D)(2)to(3), (D)(5)to(6), (D)(9), and 
(E)(2)to(4).
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective January 21, 
2014 without further notice unless we receive relevant adverse written 
comments by December 19, 2013. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
January 21, 2014.

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 CCAA 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 Order 
12866 (58 FR 51735, October 4, 1993);

[[Page 69301]]

     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 January 21, 2014. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: September 26, 2013.
Susan Hedman,
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. Section 52.1870 is amended by adding paragraph (c)(160) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (160) On June 24, 2011, Ohio submitted numerous revisions to their 
SO2 rules in Ohio Administrative Code Chapter 3745-18. These 
revisions mainly update facility information and remove shutdown 
facilities from the rule.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-18-03 ``Attainment dates 
and compliance time schedules.'', 3745-18-04 ``Measurement methods and 
procedures.'' except (D)(2), (D)(3), (D)(5), (D)(6), (D)(9), (E)(2), 
(E)(3), and (E)(4), 3745-18-05 ``Ambient and meteorological monitoring 
requirements.'', 3745-18-06 ``General emission limit provisions.'', 
3745-18-07 ``Adams County emission limits.'', 3745-18-08 ``Allen County 
emissions limits.'', 3745-18-09 ``Ashland County emission limits.'', 
3745-18-10 ``Ashtabula County emissions limits.'', 3745-18-11 ``Athens 
County emission limits.'', 3745-18-12 ``Auglaize County emission 
limits.'', 3745-18-13 ``Belmont County emission limits.'', 3745-18-14 
``Brown County emission limits.'', 3745-18-15 ``Butler County emission 
limits.'', 3745-18-16 ``Carroll County emission limits.'', 3745-18-17 
``Champaign County emission limits.'', 3745-18-18 ``Clark County 
emission limits.'', 3745-18-19 ``Clermont County emission limits.'', 
3745-18-20 ``Clinton County emission limits.'', 3745-18-21 ``Columbiana 
County emission limits.'', 3745-18-22 ``Coshocton County emission 
limits.'', 3745-18-23 ``Crawford County emission limits.'', 3745-18-24 
``Cuyahoga County emission limits.'', 3745-18-25 ``Darke County 
emission limits.'', 3745-18-26 ``Defiance County emission limits.'', 
3745-18-27 ``Delaware County emission limits.'', 3745-18-28 ``Erie 
County emission limits.'', 3745-18-29 ``Fairfield County emission 
limits.'', 3745-18-30 ``Fayette County emission limits.'', 3745-18-31 
``Franklin County emission limits.'', 3745-18-32 ``Fulton County 
emission limits.'', 3745-18-33 ``Gallia County emission limits.'', 
3745-18-34 ``Geauga County emission limits.'', 3745-18-35 ``Greene 
County emission limits.'', 3745-18-36 ``Guernsey County emission 
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38 
``Hancock County emission limits.'', 3745-18-39 ``Hardin County 
emission limits.'', 3745-18-40 ``Harrison County emission limits.'', 
3745-18-41 ``Henry County emission limits.'', 3745-18-42 ``Highland 
County emission limits.'', 3745-18-43 ``Hocking County emission 
limits.'', 3745-18-44 ``Holmes County emission limits.'', 3745-18-45 
``Huron County emission limits.'', 3745-18-46 ``Jackson County emission 
limits.'', 3745-18-47 ``Jefferson County emission limits.'', 3745-18-48 
``Knox County emission limits.'', 3745-18-49 ``Lake County emission 
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-51 
``Licking County emission limits.'', 3745-18-52 ``Logan County emission 
limits.'', 3745-18-55 ``Madison County emission limits.'', 3745-18-56 
``Mahoning County emission limits.'', 3745-18-57 ``Marion County 
emission limits.'', 3745-18-58 ``Medina County emission limits.'', 
3745-18-59 ``Meigs County emission limits.'', 3745-18-60 ``Mercer 
County

[[Page 69302]]

emission limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-
18-62 ``Monroe County emission limits.'', 3745-18-63 ``Montgomery 
County emission limits.'', 3745-18-64 ``Morgan County emission 
limits.'', 3745-18-65 ``Morrow County emission limits.'', 3745-18-66 
``Muskingum County emission limits.'', 3745-18-67 ``Noble County 
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'', 
3745-18-69 ``Paulding County emission limits.'', 3745-18-70 ``Perry 
County emission limits.'', 3745-18-71 ``Pickaway County emission 
limits.'', 3745-18-72 ``Pike County emission limits.'', 3745-18-73 
``Portage County emission limits.'', 3745-18-74 ``Preble County 
emission limits.'', 3745-18-75 ``Putnam County emission limits.'', 
3745-18-76 ``Richland County emission limits.'', 3745-18-77 ``Ross 
County emission limits.'', 3745-18-79 ``Scioto County emission 
limits.'', 3745-18-81 ``Shelby County emission limits.'', 3745-18-83 
``Summit County emission limits.'', 3745-18-84 ``Trumbull County 
emission limits.'', 3745-18-85 ``Tuscarawas County emission limits.'', 
3745-18-86 ``Union County emission limits.'', 3745-18-87 ``Van Wert 
County emission limits.'', 3745-18-88 ``Vinton County emission 
limits.'', 3745-18-89 ``Warren County emission limits.'', 3745-18-91 
``Wayne County emission limits.'', 3745-18-92 ``Williams County 
emission limits.'', 3745-18-93 ``Wood County emission limits.'', 3745-
18-94 ``Wyandot County emission limits.'', adopted on February 7, 2011, 
effective February 17, 2011.
    (B) February 7, 2011, ``Director's Final Findings and Orders'', 
signed by Scott J. Nally, Director, Ohio Environmental Protection 
Agency, adopting the rules identified in paragraph (160)(i)(A) of this 
section.
    (C) Ohio Administrative Code Rules 3745-18-01 ``Definitions and 
incorporation by reference.'', 3745-18-54 ``Lucas County emission 
limits.'', 3745-18-82 ``Stark County emission limits.'', adopted on 
March 24, 2011, effective April 3, 2011.
    (D) March 24, 2011, ``Director's Final Findings and Orders'', 
signed by Scott J. Nally, Director, Ohio Environmental Protection 
Agency, adopting the rules identified in paragraph (160)(i)(C) of this 
section.

0
3. Section 52.1881 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

    (a) * * *
    (4) Notwithstanding the portions of this section that EPA has 
either disapproved or taken no action on, EPA has approved a complete 
plan addressing all counties in the State of Ohio. In addition, 
specific approved rules are listed in Sec.  52.1870.
* * * * *
[FR Doc. 2013-27561 Filed 11-18-13; 8:45 am]
BILLING CODE 6560-50-P