[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60543-60545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27521]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0185; FRL-9972-34-Region 5]


Air Plan Approval; Ohio; Regional Haze Five-Year Progress Report 
State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the state of Ohio on 
March 11, 2016. Ohio's SIP revision addresses requirements of the Clean 
Air Act (CAA) and EPA's rules that require states to submit periodic 
reports describing progress toward reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing regional haze SIP. Ohio's progress report notes 
that Ohio has implemented the measures in the regional haze SIP due to 
be in place by the date of the progress report and that Federal Class I 
areas affected by emissions from Ohio are meeting or exceeding the RPGs 
for 2018. Ohio also determined that the state's regional haze SIP is 
adequate to meet these reasonable progress goals for the first 
implementation period and requires no substantive revision at this 
time.

DATES: This final rule is effective on January 22, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0185. All documents in the docket are listed on 
the www.regulations.gov website.

[[Page 60544]]

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

    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP.
    On October 16, 2017 (82 FR 48030), EPA published a notice of 
proposed rulemaking (NPR) proposing approval of Ohio's March 11, 2016 
Regional Haze Five-Year Progress Report SIP revision on the basis that 
it satisfies the requirements of 40 CFR 51.308(g) and (h).
    The specific details of Ohio's March 11, 2016 SIP revision and the 
rationale for EPA's approval are discussed in the NPR and will not be 
restated here. EPA received one comment agreeing with EPA's assessment 
of Ohio's March 11, 2016 Regional Haze Five-Year Progress Report.

II. What action is EPA taking?

    EPA is approving Ohio's March 11, 2016 Regional Haze Five-Year 
Progress Report SIP submittal as meeting the requirements of 40 CFR 
51.308(g) and (h).

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 Clean Air Act; 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 20, 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 60545]]


    Dated: December 8, 2017.
Robert A. Kaplan,
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 (e) is amended by adding a 
subheading at the end of the table entitled ``Visibility Protection'' 
and the entries ``Regional Haze Plan'' and ``Regional Haze Five-Year 
Progress Report'' under the subheading 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      State date       EPA approval              Comments
                                     area
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                                                  * * * * * * *
Visibility Protection:
    Regional Haze Plan.......  Statewide.......  March 11, 2011..  8/1/2012........  Limited approval.
    Regional Haze Five-Year    Statewide.......  March 11, 2016..  12/21/2017,       ...........................
     Progress Report.                                               [insert Federal
                                                                    Register
                                                                    citation].
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[FR Doc. 2017-27521 Filed 12-20-17; 8:45 am]
 BILLING CODE 6560-50-P