[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4845-4847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02047]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0824; FRL-9973-59-Region 5]


Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 
2012 PM2.5 NAAQS; Multistate Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of the State Implementation Plan (SIP) submission from Ohio 
regarding the infrastructure requirements of section 110 of the Clean 
Air Act for the 2012 annual fine particulate matter (PM2.5) 
National Ambient Air Quality Standard (NAAQS). The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air quality management program are adequate to meet the 
state's responsibilities under the CAA. This action pertains 
specifically to infrastructure requirements concerning interstate 
transport provisions.

DATES: This final rule is effective on March 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0824. 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 Anthony Maietta, Environmental Protection 
Specialist, at (312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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 being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On December 4, 2015, the Ohio Environmental Protection Agency 
(OEPA) submitted a request for EPA to approve its infrastructure SIP 
for the 2012 annual PM2.5 NAAQS. On December 7, 2017, EPA 
proposed to approve the portion of the submission dealing with 
requirements one and two (otherwise known as ``prongs'' one and two) of 
the provision for interstate pollution transport under Clean Air Act 
section 110(a)(2)(D)(i), also known as the ``good neighbor'' provision.
    The December 4, 2015 OEPA submittal included a demonstration that 
Ohio's SIP contains sufficient major programs related to the interstate 
transport of pollution, and demonstrates

[[Page 4846]]

additional revisions to the Ohio SIP that further address interstate 
transport based on requests by the neighboring states of Indiana and 
West Virginia. Ohio's submittal also included a technical analysis of 
its interstate transport of pollution relative to the 2012 
PM2.5 NAAQS that demonstrates that current controls are 
adequate for Ohio to show that it meets prongs one and two of the 
``good neighbor'' provision. Review of the state's submittal included 
ensuring that Ohio's analysis was corroborated by updated modeling 
projections in guidance issued by EPA after the submittal on December 
4, 2015. After review, EPA proposed to approve Ohio's request relating 
to prongs one and two of the ``good neighbor'' provision.

II. What comments did we receive on the proposed action?

    Our December 7, 2017 proposed rule provided a 30-day review and 
comment period. The comment period closed on January 8, 2018. EPA 
received 17 anonymous comments that were not relevant and/or not 
adverse, and one supportive comment from a student at Cornell 
University.

III. What action is EPA taking?

    EPA approved the majority of Ohio's 2012 PM2.5 
infrastructure SIP submission on September 19, 2016 (81 FR 64072). In 
today's action, EPA is approving the portion of Ohio's December 4, 2015 
submission certifying that the current Ohio SIP is sufficient to meet 
the required infrastructure requirements under CAA section 
110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth 
above.

IV. 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 April 3, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: January 23, 2018.
Cathy Stepp,
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 revising 
the entry for ``Section 110(a)(2) infrastructure requirements for the 
2012 PM2.5 NAAQS'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

[[Page 4847]]



                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                     Applicable
                                   geographical or
             Title                 non-attainment      State date       EPA approval             Comments
                                        area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide.........       12/4/2015  2/2/2018, [insert   Approved CAA elements:
 infrastructure requirements                                          Federal Register    110(a)(2)(A), (B),
 for the 2012 PM2.5 NAAQS.                                            citation].          (C), (D), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). We are
                                                                                          not taking action on
                                                                                          the visibility portion
                                                                                          of (D)(i)(II), prong
                                                                                          four.
 
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[FR Doc. 2018-02047 Filed 2-1-18; 8:45 am]
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