[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Rules and Regulations]
[Pages 45193-45194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19144]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 /
Rules and Regulations
[[Page 45193]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0644; FRL-9982-96--Region 5]
Air Plan Approval; Ohio; Cleveland, PM2.5 Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On October 14, 2016, the Ohio Environmental Protection Agency
(OEPA) submitted a State Implementation Plan (SIP) submission for the
2012 Fine Particle (PM2.5) National Ambient Air Quality
Standards (NAAQS) for the Cleveland nonattainment area. EPA proposed to
approve the state's submittal on June 4, 2018.
DATES: This final rule is effective on October 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0644. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information 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
http://www.regulations.gov, or please contact the person identified in
the ``For Further Information Contact'' section for additional
availability information.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312)886-6061,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, we mean EPA.
I. What is being addressed by this document?
On June 4, 2018, at 83 FR 25608, EPA proposed to approve a revision
to the SIP for the 2012 PM2.5 NAAQS for the Cleveland
nonattainment area. As required by the Clean Air Act (CAA), OEPA
developed an attainment plan to address the Cleveland nonattainment
area and evaluate the area's ability to attain the 2012
PM2.5 NAAQS by the ``Moderate'' attainment date of December
31, 2021. The SIP submission addressed specific requirements as
outlined in the CAA including: attainment demonstration; reasonable
available control measure (RACM) analysis; emissions inventory
requirements; reasonable further progress (RFP) with quantitative
milestones; and nonattainment new source review (NNSR). Additionally,
the SIP submission included optional PM2.5 precursor
demonstrations for NNSR and attainment planning purposes. EPA evaluated
the SIP submission and is approving portions of the submission as
meeting the applicable CAA requirements for RACM, emissions inventory,
attainment demonstration modeling, and precursor insignificance
demonstrations for NNSR and attainment planning purposes. EPA is not
acting on the other elements of the submission, including reasonable
further progress (RFP), with quantitative milestones, and motor vehicle
emission budgets (MVEBs).
II. What comments did we receive on the proposed SIP revision?
Our June 4, 2018, proposed rule provided a 30-day review and
comment period. The comment period closed on July 5, 2018. EPA received
comments from three parties during the public comment period but all
comments were completely outside of the scope of this action and
therefore are not being addressed as part of this final action.
III. What action is EPA taking?
EPA is approving a SIP revision submitted by Ohio EPA on October
14, 2016. Ohio's attainment demonstration modeling, and precursor
analysis for both attainment planning RACM and nonattainment NNSR
determined that VOCs and NH3 do not significantly contribute
to PM2.5 concentrations in the area. EPA finds that Ohio's
analysis is reasonable and well supported. EPA is thus approving the
following elements of the 2012 SIP submission: the base year 2011
emissions inventory to meet the section 172(c)(3) requirement for
emission inventories; the demonstration of attainment for 2021 as
meeting the statutory requirement in CAA 189(a)(1)(B); current controls
as meeting RACM requirements of 172(c)(1) and 189(a)(1(C).
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);
[[Page 45194]]
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 November 5, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 20, 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 adding
the subheading ``Summary of Criteria Pollutant Attainment Plans'' and
the entry ``PM2.5 (2012)'' before the subheading ``Summary
of Criteria Pollutant Maintenance Plan'' to read as follows:
Sec. 52.1870 Identification of plan.
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(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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Applicable geographical
Title or non-attainment area State date EPA approval Comments
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Summary of Criteria Pollutant Attainment Plans
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PM2.5 (2012)............. Cleveland................ 10/14/2016 9/6/2018, [insert EPA is approving the
Federal Register following elements:
citation]. the base year 2011
emissions
inventory; the
demonstration of
attainment for
2021; current
controls as meeting
RACM requirements.
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Summary of Criteria Pollutant Maintenance Plan
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[FR Doc. 2018-19144 Filed 9-5-18; 8:45 am]
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