[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11445-11447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04730]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0362; FRL-9943-29-Region 5]


Air Plan Approval; Ohio; Regional Haze Glatfelter BART SIP 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to extend the compliance date for the Best Available Retrofit 
Technology (BART) emission limits for sulfur dioxide (SO2) 
at the P.H. Glatfelter Company (Glatfelter) facility submitted as part 
of its State Implementation Plan (SIP) Revision on April 14, 2014. 
Specifically, EPA is extending the compliance date for the 
SO2 emission limits applicable to Boilers No. 7 and No. 8 at 
Glatfelter by 25 months, from December 31, 2014, to January 31, 2017. 
We have reviewed this SIP revision and concluded that it meets the 
requirements of the Clean Air Act and the regional haze rule and 
because BART requirements continue to be met.

DATES: This final rule is effective on April 4, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2014-0362. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 
electronically through 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 Gilberto Alvarez, 
Environmental Engineer, at (312) 886-6143 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, 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) 886-6143, 
[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. What is the background for this action?
II. What action is EPA taking?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On July 2, 2012, EPA approved Ohio's Regional Haze SIP (77 FR 
39177). Ohio's Regional Haze SIP included the applicability of BART to 
the State's only non-utility BART source, Glatfelter, in Chillicothe, 
Ohio. The BART requirement specified that two of the coal-fired boilers 
at this facility, No. 7 and No. 8, install control technology to limit 
the amount of SO2 emissions from the boilers. The compliance 
date for BART emission reductions was scheduled to be December 31, 
2014. The compliance date was aligned with Glatfelter's expected 
compliance date for the Industrial Boiler Maximum Achievable Control 
Technology (MACT) requirements finalized by EPA in May, 2011 (76 FR 
28862).
    On February 6, 2014, Ohio EPA received a request from Glatfelter to 
extend the original compliance date to January 31, 2017. The extension 
request

[[Page 11446]]

is based on the litigation, revision and new compliance date associated 
with the Industrial Boiler MACT. Under EPA regulations (40 CFR 
51.308(3)(1)(iv)), BART is to be implemented ``as expeditiously as 
practicable, but in no event later than 5 years after approval of the 
implementation plan revision.'' The required compliance date is July 2, 
2017.
    This rulemaking addresses an April 14, 2014, submission 
supplemented on July 27, 2015, from the Ohio EPA to extend the 
compliance date from December 31, 2014, to January 31, 2017. One of the 
requests within the April 14, 2014, SIP revision includes ``the 
requirement that P.H. Glatfelter submit an application for modification 
of the federally enforceable permit (that will include a compliance 
date outlining, at a minimum, the specific, selected control 
technologies and methods of compliance) from December 31, 2013, to 
requiring the submittal provide for sufficient time for Ohio EPA to 
include these requirements, along with any appropriate monitoring, 
record keeping and reporting requirements, in the federally enforceable 
permit by no later than January 31, 2017.''
    Ohio EPA supplemented its original submittal on July 27, 2015, with 
a revised federally enforceable permit for Glatfelter that included the 
new compliance date. Ohio EPA made the federally enforceable permit 
available for public comment on June 6, 2015, and comments were 
accepted through July 7, 2015. The Ohio EPA consulted the Federal Land 
Managers and included them in the public comment process. Two comments 
were received and those comments, along with Ohio EPA's responses were 
included in the July 27, 2015, submittal.

II. What action is EPA taking?

    The CAA and the Regional Haze Rule require BART controls to be 
installed as expeditiously as practicable, but in no event later than 
five years after approval of the Regional Haze implementation plan 
revision. The proposed rulemaking associated with this final action was 
published on December 9, 2015 (236 FR 76403), and EPA received no 
comments during the comment period, which ended on January 8, 2016. EPA 
is therefore taking final action to approve, as proposed, Ohio's 
submission.

III. Final Action

    EPA is approving a revision to the Ohio SIP submitted by the State 
of Ohio on April 14, 2014, supplemented on July 27, 2015, related to 
BART requirements for Glatfelter. Specifically, EPA is extending the 
compliance date for the SO2 emission limits applicable to 
Boilers No. 7 and No. 8 at Glatfelter by 25 months from December 31, 
2014, to January 31, 2017.

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 
permit described in the amendments to 40 CFR part 52 set forth below. 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

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);
     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 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 3, 2016. 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, Incorporation by 
reference, Intergovernmental relations, Sulfur oxides.

    Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

[[Page 11447]]

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 (d) is amended by revising 
the entry for ``P.H. Glatfelter Co.--Chillicothe'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (d) * * *

                                                      EPA-Approved Ohio Source-Specific Provisions
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                                                           Ohio effective
          Name of source                    Number              date                  EPA approval date                           Comments
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                                                                      * * * * * * *
P.H. Glatfelter Co.--Chillicothe..  P0118907.............        07/20/15  03/04/16, [Insert Federal Register      Regional haze BART emissions limits.
                                                                            citation].
 
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[FR Doc. 2016-04730 Filed 3-3-16; 8:45 am]
BILLING CODE 6560-50-P