[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Rules and Regulations]
[Pages 24034-24036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0384; FRL-9994-12-Region 5]


Air Plan Approval; Ohio; Revisions to Particulate Matter Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
assorted revisions to Ohio's particulate matter rules that the state 
requested EPA approve into the Ohio State Implementation Plan (SIP) 
under the Clean Air Act. One set of revisions addresses sources subject 
to a requirement for continuous opacity monitoring for which such 
monitoring is unreliable. The revisions add two alternatives: One 
alternative requires the source to conduct continuous emission 
monitoring, and the other alternative subjects the source to an 
alternative monitoring plan assessing compliance with limits specified 
for alternative parameters. Other revisions in the rules remove 
provisions for facilities that have shut down and make nonsubstantive 
revisions to the language of the rules.

DATES: This final rule is effective on June 24, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0384. 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 John

[[Page 24035]]

Summerhays, Environmental Scientist, at (312) 886-6067 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: John Summerhays, 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) 886-6067, 
[email protected].

SUPPLEMENTARY INFORMATION: This supplementary information section is 
arranged as follows:

I. Proposed Action
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On June 1, 2018, amended on August 9, 2018, the Ohio Environmental 
Protection Agency (Ohio) requested SIP approval of a variety of 
amendments to its regulations in Ohio Administrative Code (OAC) Chapter 
3745-17, entitled ``Particulate Matter Standards.'' The most 
significant revisions in Ohio's rules address requirements for power 
plants to conduct continuous opacity monitoring, and provide two 
alternatives in cases where continuous opacity monitors are determined 
not to provide a reliable assessment of particulate matter control. One 
of these alternatives is to conduct continuous monitoring of the mass 
of emitted particulate matter, in which case the measured mass must 
meet limits specified in the rule. The other alternative is to conduct 
monitoring of parameters shown to indicate satisfaction of applicable 
particulate matter control requirements, in which case the source must 
specify the range of values of these parameters and must achieve this 
range of values. The amended rules also include more administrative 
revisions, for example removing sources that no longer operate from the 
rules.
    Ohio's submittal of June 1, 2018 requested action only on the 
second of the above alternatives, to authorize parameter monitoring in 
lieu of continuous opacity monitoring in appropriate cases, and not on 
the first alternative, involving continuous mass monitoring. However, 
Ohio amended its request on August 9, 2018, to request approval of both 
alternatives to continuous opacity monitoring.
    EPA proposed to approve the requested revisions on December 11, 
2018, at 83 FR 63607. The notice of proposed rulemaking (NPRM) provides 
a more complete discussion of the revisions that Ohio requested be 
approved and EPA's evaluation of these revisions.
    Ohio excluded selected portions of OAC Rule 3745-17-03, pertaining 
to opacity requirements, from its request for EPA approval. These 
provisions were submitted on June 4, 2003, as part of a rule package 
intended to offer alternative opacity limits for power plants operating 
continuous opacity monitors. EPA proposed to disapprove these 
provisions on June 27, 2005, and Ohio withdrew its request for approval 
of these provisions on September 5, 2014. Accordingly, EPA is not 
taking action on these provisions.

II. What action is EPA taking?

    In response to the NPRM, EPA received one comment, which was not 
relevant to the proposed rulemaking. EPA continues to find that the 
requested revisions warrant approval, for the reasons given in the 
notice of proposed rulemaking. Therefore, EPA is approving the 
requested revisions and is approving the entirety of all of these rules 
except for OAC 3745-17-03, for which Ohio excluded specified sections 
from its request for action. Specifically, EPA is approving amended OAC 
rules 3745-17-01, 3745-17-03 [except for paragraph (B)(1)(b) and the 
phrase ``Except as provided in paragraph (8)(1)(b) of this rule,'' in 
paragraph (B)(1)(a)], 3745-17-04, 37 45-17-07, 3745-17-08, 3745-17-09, 
3745-17-10, 3745-17-11, 3745-17-12, 3745-17-13, and 3745-17-14. In 
addition, EPA is removing from the SIP the rule at OAC 3745-17-02, 
which Ohio has rescinded and the substance of which has been recodified 
(and approved into the SIP) within OAC 3745-25-02.

III. 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 
particulate matter rules described in the amendments to 40 CFR part 52 
set forth below. EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and at the 
EPA Region 5 Office (please contact the person identified in the For 
Further Information Contact section of this preamble for more 
information).

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

[[Page 24036]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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: May 14, 2019.
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 (c) is amended by revising 
the section entitled ``Chapter 3745-17 Particulate Matter Standards'' 
to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
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                                                       Ohio
       Ohio citation            Title/Subject       effective     EPA approval date              Notes
                                                       date
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                                  Chapter 3745-17 Particulate Matter Standards
----------------------------------------------------------------------------------------------------------------
3745-17-01................  Definitions..........    1/20/2018  5/24/2019, [insert     .........................
                                                                 Federal Register
                                                                 citation].
3745-17-03................  Measurement Methods      1/20/2018  5/24/2019, [insert     Except for paragraph
                             and Procedures.                     Federal Register       (B)(1)(b) and the phrase
                                                                 citation].             in paragraph (B)(1)(a)
                                                                                        reading ``Except as
                                                                                        provided in paragraph
                                                                                        (B)(1)(b) of this
                                                                                        rule''.
3745-17-04................  Compliance Time          1/20/2018  5/24/2019, [insert     .........................
                             Schedules.                          Federal Register
                                                                 citation].
3745-17-07................  Control of Visible       1/20/2018  5/24/2019, [insert     .........................
                             Particulate                         Federal Register
                             Emissions from                      citation].
                             Stationary Sources.
3745-17-08................  Restriction of           1/20/2018  5/24/2019, [insert     .........................
                             Emission of Fugitive                Federal Register
                             Dust.                               citation].
3745-17-09................  Restrictions on          1/20/2018  5/24/2019, [insert     .........................
                             Particulate                         Federal Register
                             Emissions and Odors                 citation].
                             from Incinerators.
3745-17-10................  Restrictions on          1/20/2018  5/24/2019, [insert     .........................
                             Particulate                         Federal Register
                             Emissions from Fuel-                citation].
                             burning Equipment.
3745-17-11................  Restrictions on          1/20/2018  5/24/2019, [insert     .........................
                             Particulate                         Federal Register
                             Emissions from                      citation].
                             Industrial Processes.
3745-17-12................  Additional               1/20/2018  5/24/2019, [insert     .
                             Restrictions on                     Federal Register
                             Particulate                         citation].
                             Emissions from
                             Specific Air
                             Contaminant Sources
                             in Cuyahoga County.
3745-17-13................  Additional               1/20/2018  5/24/2019, [insert     .........................
                             Restrictions on                     Federal Register
                             Particulate                         citation].
                             Emissions from
                             Specific Air
                             Contaminant Sources
                             in Jefferson County.
3745-17-14................  Contingency Plan         1/20/2018  5/24/2019, [insert     .........................
                             Requirements for                    Federal Register
                             Cuyahoga and                        citation].
                             Jefferson Counties.
 
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[FR Doc. 2019-10820 Filed 5-23-19; 8:45 am]
 BILLING CODE 6560-50-P