[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
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 This section of the FEDERAL REGISTER contains regulatory 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.

-----------------------------------------------------------------------

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.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                            Applicable geographical
          Title              or non-attainment area     State date        EPA approval            Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
 
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[FR Doc. 2018-19144 Filed 9-5-18; 8:45 am]
 BILLING CODE 6560-50-P