[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29378-29380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13111]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0393; FRL-9995-42-Region 5]


Air Plan Approval; Ohio; Open Burning Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the open burning standards in the Ohio State 
Implementation Plan (SIP) under the Clean Air Act (CAA). On June 4, 
2018, the Ohio Environmental Protection Agency (Ohio) requested the 
approval of its revised open burning rules, which include changes 
pertaining to certain types of open burning, adding requirements for 
air curtain burners, allowing law enforcement to burn seized drugs, 
further restricting the materials that may be burned, and updating 
definitions and references. Ohio is in attainment of the National 
Ambient Air Quality Standards (NAAQS) for particulate matter.

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

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0393. 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 Matt Rau, Environmental Engineer, at (312) 886-6524 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [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. Public comments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Ohio submitted revisions to Ohio Administrative Code (OAC) Chapter 
3745-19, ``Open Burning Standards,'' on June 4, 2018. To satisfy a 
state requirement to review its rules every five years, Ohio had 
reviewed and revised its open burning rules and requested EPA approval 
of revised OAC rules 3745-19-01, 3745-19-03, 3745-19-04, and 3745-19-05 
as changes to the existing Ohio SIP. The rules are effective at the 
state level as of April 30, 2018.
    EPA evaluated the revisions to Ohio's open burning standards under 
the CAA and compared the revised rules to the rules that EPA has 
previously approved into the Ohio SIP. EPA finds that the revised rules 
will not interfere with continued attainment and maintenance

[[Page 29379]]

of the NAAQS for particulate matter and meet CAA section 110(l) 
requirements. On December 26, 2018 (83 FR 66197), EPA proposed approval 
of the revised open burning rules into the Ohio SIP. A more detailed 
analysis of each rule revision is found in the notice of proposed 
rulemaking.

II. Public comments

    EPA received two anonymous comments during the 30-day comment 
period on the December 26, 2018 proposed rule.
    The first comment received stated that, ``All of this rule should 
be tightened up to prevent air pollution.'' The first commenter was 
concerned that emissions from open burning do not stay in Ohio, those 
emissions impact states to the east more than Ohio itself, and thus the 
Ohio rules should be stricter.
    The second comment received stated that, ``The proposed revisions 
to Ohio's open burning standards are agreeable.'' The commenter stated 
that emissions from open burning are not expected to increase as result 
of the revise Ohio regulations, but did ask two questions: (1) What 
will happen if the open burning emissions are not the same after the 
SIP revision and thus are more than expected; (2) does EPA have 
``targets for emission'' in Ohio?
    EPA Response: Ohio's open burning rules are written to minimize the 
impact of emissions from open burning on the public. The rules require 
notification of those anticipated to be impacted and encourage the 
burning to occur during favorable conditions to help minimize those 
impacts.
    EPA evaluated Ohio's SIP revision request by comparing the OAC 
3745-19 rules as submitted to the rules as approved into the Ohio SIP. 
As explained in the proposal (December 26, 2018, 83 FR 66197), EPA 
evaluated the open burning revisions under the CAA. EPA's analysis 
found the public will continue to be protected following the rule 
revisions. Both Ohio and the EPA anticipate that the revisions to the 
open burning regulations will result in a negligible increase in 
emissions. For example, changing the definition section and the 
numbering of the regulations should have no impacts on the amount of 
emissions. The revision moving prescribed burning activities \1\ from 
OAC 3745-19-03(D)(4) to OAC 3745-19-03(C)(4), changes the requirement 
from obtaining prior permission to burn, in writing, to providing the 
state agency with notification to burn. This rule revision is unlikely 
to increase emissions because the requirements in OAC 3745-19-03(C)(4) 
are as stringent as the requirements in OAC 3745-19-03(D)(4). If any 
increase in emissions from open burning were to interfere with 
attainment or maintenance of the NAAQS, interfere with visibility, or 
otherwise adversely impact public health, Ohio and EPA have the 
authority to take necessary action to address such emission increases.
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    \1\ Horticultural, silvicultural, range management, prairie and 
grassland management, invasive species management, or wildlife 
management fires.
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    Regarding the second commenter's question, EPA does not have 
specific ``targets for emissions'' from open burning in Ohio. However, 
there are generally applicable legal requirements such as the NAAQS for 
PM-10 and PM2.5 that all areas of the state must meet. 
Federal and state law require emission reductions of a pollutant or 
multiple pollutants for purposes of attaining and maintaining the 
NAAQS. These obligations may include restrictions on emissions from 
specified sources or activities set at a level expected to bring the 
area into attainment of the relevant NAAQS. Ohio is in attainment of 
NAAQS for PM-10 and PM2.5.

III. What action is EPA taking?

    EPA is approving revisions to the open burning standards into the 
Ohio SIP. EPA is approving OAC 3745-19-01, OAC 3745-19-03, OAC 3745-19-
04, and OAC 3745-19-05, effective at the state level on April 30, 2018.

IV. 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 
Regulations 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). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. 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);
     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

[[Page 29380]]

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 August 23, 2019. 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, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: June 11, 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 entries for 3745-19-01, 3745-19-03, 3745-19-04 and 3745-19-05 under 
``Chapter 3745-19 Open Burning Standards'' to read as follows:


Sec.  52.1870  Identification of plan.

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    (c) * * *

                                         EPA--Approved Ohio Regulations
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                                                    Ohio effective
       Ohio citation             Title/subject           date         EPA approval date            Notes
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                                     Chapter 3745-19 Open Burning Standards
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3745-19-01.................  Definitions..........       4/30/2018  6/24/2019[Insert       .....................
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
3745-19-03.................  Open burning in             4/30/2018  6/24/2019, [Insert     .....................
                              restricted areas.                      Federal Register
                                                                     citation].
3745-19-04.................  Open burning in             4/30/2018  6/24/2019, [Insert     .....................
                              unrestricted areas.                    Federal Register
                                                                     citation].
3745-19-05.................  Permission to               4/30/2018  6/24/2019, [Insert     .....................
                              individuals and                        Federal Register
                              notification to the                    citation].
                              Ohio EPA.
 
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[FR Doc. 2019-13111 Filed 6-21-19; 8:45 am]
 BILLING CODE 6560-50-P