[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Proposed Rules]
[Pages 26115-26117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07129]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2024-0034; FRL-11775-01-R5]


Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 (CAA). The updates to Ohio's particulate 
matter rules include revisions to remove provisions for facilities or 
emissions units that have permanently shut down, update facility names 
and addresses, and make nonsubstantive revisions to the language of the 
rules.

DATES: Comments must be received on or before May 15, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0034 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Control Strategies 
Section, Air Programs Branch (AR-18J), Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
353-8512, [email protected]. The EPA Region 5 office is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. History of Submittal

    The Ohio Environmental Protection Agency (Ohio EPA \1\) is subject 
to requirements to review each of its regulations every five years, to 
assess whether any updates to the regulations are warranted and for 
other purposes. Accordingly, Ohio EPA reviewed its regulations in Ohio 
Administrative Code (OAC) Chapter 3745-17, entitled ``Particulate 
Matter Standards,'' and adopted various revisions amending and updating 
these rules. Ohio EPA then requested that EPA approve these revisions 
into the SIP, in a submittal dated January 18, 2024.
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    \1\ To avoid confusion, this action uses the term ``Ohio EPA'' 
as shorthand for the Ohio Environmental Protection Agency and the 
term ``EPA'' as shorthand for the United States Environmental 
Protection Agency.
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    As a result of its review, Ohio EPA concluded that rule revisions 
were needed to remove provisions that are no longer necessary because 
the affected

[[Page 26116]]

facility has permanently shut down. A second set of revisions Ohio EPA 
made to its rules renumbered emissions units and updated addresses for 
facilities that have combined operations. A final set of revisions 
modified the wording of selected text to reflect new semantic 
preferences, reordered definitions alphabetically, and updated test 
method, publication and referenced material titles, effective dates, 
addresses and websites.
    Previous revisions to the rules in OAC 3745-17 included providing a 
category of power plants operating continuous opacity monitoring 
systems the option to demonstrate compliance with an alternate set of 
opacity limits. Ohio EPA requested approval of those revisions on June 
4, 2003, but EPA proposed to disapprove those revisions on June 27, 
2005, at 70 FR 36901. Subsequently, on September 5, 2014, Ohio EPA 
withdrew its submittal of these revisions. On June 1, 2018, Ohio EPA 
submitted revisions to OAC 3745-17 and requested that EPA not act on 
the alternate set of opacity limits. On February 21, 2024, Ohio EPA 
clarified that the state was not requesting EPA action on these 
provisions in its January 18, 2024, submittal.

II. Review of Other Rule Revisions

    As summarized above, Ohio EPA's revisions to OAC 3745-17 include 
the removal of provisions that pertain to facilities that have 
permanently shut down, renumbering of emissions units for facilities 
that have combined operations, and modification of wording for phrases 
that Ohio EPA wishes to rephrase. Chapter 3745-17 includes 11 rules, 
extending from 3745-17-01 to 3745-17-14 but not including the adopted 
but now rescinded rules numbered 3745-17-02, 3745-17-05, or 3745-17-06. 
Ohio EPA revised all 11 of these remaining rules. The following 
discussion reviews each rule revision individually.

3745-17-01 ``Definitions''

    The primary revisions to OAC 3745-17-01 include the addition of a 
section to the introduction explaining that the definitions in 3745-15-
01 ``General Provisions on Air Pollution Control'' apply to the rules 
in chapter 3745-17, the renumbering of the referenced materials section 
to paragraph AA, the alphabetical reordering of definitions throughout 
the rule, and updates to publication dates and website URLs of 
referenced materials. No terms or definitions were added or removed 
from this section.

3745-17-03 ``Measurement Methods and Procedures''

    The primary revisions in this rule are editorial, for example the 
revision of references to terms defined in 3745-17-01 to reflect the 
new location of those terms that were reordered, the revision of the 
introduction paragraph to show the Referenced Materials section is 
located under paragraph (AA), cleaning up sections 3745-17-03(B)(3), 
3745-17-03(B)(4), 3745-17-03(B)(9) and 3745-17-03(B)(10) to renumber or 
remove references to rules that had been removed in previous 
rulemakings, and the removal of provisions that apply to facilities or 
emissions units that have permanently shut down. Additional editorial 
changes include removal of the use of ``shall'' in some instances, 
removing pronouns such as ``his/her'' and in instead referring to ``the 
observer''. EPA finds that these editorial revisions yield an equally 
acceptable regulation. While Ohio EPA requested approval of most of OAC 
3745-17-03, Ohio EPA expressly excluded two elements of OAC 3745-17-03 
from this request. One of these elements, in OAC 3745-17-03(B)(1)(b), 
offers an alternate opacity limit (in brief, authorizing 1.1 percent of 
nonexempt 6-minute opacity values to exceed 20 percent opacity) for 
power plants operating continuous opacity monitoring systems. The 
second, associated element is the phrase in OAC 3745-17-03(B)(1)(a) 
stating ``Except as provided in paragraph (B)(1)(b) of this rule''. 
These are provisions that Ohio EPA submitted on June 4, 2003, that EPA 
proposed to disapprove on June 27, 2005, and that Ohio EPA withdrew 
from consideration on September 5, 2014. Accordingly, EPA is proposing 
to act on most of OAC 3745-17-03 but EPA is proposing not to act on 
subparagraph 3745-17-03(B)(1)(b) and the specified phrase in 3745-17-
03(B)(1)(a).

3745-17-04 ``Compliance Time Schedules''

    The primary revisions in this rule are the removal of provisions 
that apply to facilities or emissions units that have permanently shut 
down and the removal of references to paragraphs that were removed in 
previous rulemakings. EPA finds that these revisions are approvable.

3745-17-07 ``Control of Visible Particulate Emissions From Stationary 
Sources''

    The primary revisions in this rule include modifications to the 
introduction paragraph to show the information for referenced materials 
are located under paragraph (AA), and the removal of references to 
3745-17-07(B)(9) and 3745-17-07(B)(10) as those paragraphs were removed 
in previous rulemakings. EPA finds that these revisions result in an 
equally protective set of rules and are approvable.

3745-17-08 ``Restriction of Emission of Fugitive Dust''

    The primary revisions in this rule are modifications to the terms 
defined in 3745-17-01 to reflect the new location of those terms that 
were reordered, changes to the introduction paragraph to show the 
information for referenced materials is located under paragraph (AA), 
the removal of references to 3745-17-08(E) and 3745-17-08(F) as those 
paragraphs had been removed in previous rulemakings, and revising the 
facility name and address associated with Ohio EPA premise number 
0641090010 in 3745-17-08(A)(3)(e) to reflect the facility name change 
from ``Mingo Junction Steel Works LLC'' to ``JSW Steel USA Ohio'' and 
the removal of the address for the north plant that has permanently 
shut down. EPA finds that these revisions are approvable.

3745-17-09 ``Restrictions on Particulate Emissions and Odors From 
Incinerators''

    The primary revisions in this rule are minor and editorial, for 
example changing the language from ``shall apply'' to ``applies''. EPA 
finds that these revisions are approvable.

3745-17-10 ``Restrictions on Particulate Emissions From Fuel-Burning 
Equipment''

    Ohio EPA removed provisions that are moot due to the permanent shut 
down of an affected facility, and Ohio EPA made editorial revisions to 
remove references to paragraphs that were removed in previous 
rulemakings. EPA finds that these revisions are approvable.

3745-17-11 ``Restrictions on Particulate Emissions From Industrial 
Processes''

    The primary revisions in this rule are changes to terms defined in 
3745-17-01 to reflect the new location of those terms that were 
reordered, removal of the use of ``shall'' in some instances, and the 
revision of the facility name associated with Ohio EPA premise number 
1318001613 in 3745-17-11(B)(6) to reflect the facility name change from 
``ArcelorMittal Cleveland LLC'' to ``Cleveland-Cliffs Cleveland Works 
LLC''. EPA finds that these revisions are approvable.

[[Page 26117]]

3745-17-12 ``Additional Restrictions on Particulate Emissions From 
Specific Air Contaminant Sources in Cuyahoga County''

    Most of the revisions to this rule are to remove provisions that 
are moot due to the permanent shut down of the affected source. Ohio 
EPA also updated the names of companies and emissions units in 
applicable cases. Additional editorial changes include the revision of 
the introduction paragraph to show the information for referenced 
materials is located under paragraph (AA). EPA finds that these 
revisions have no substantive effect on the requirements of the rule 
and are approvable.

3745-17-13 ``Additional Restrictions on Particulate Emissions From 
Specific Air Contaminant Sources in Jefferson County''

    As with OAC 3745-17-12, the revisions to OAC 3745-17-13 remove the 
provisions that apply to sources that have permanently shut down and 
update the names of affected companies where appropriate. EPA finds 
that these revisions have no substantive effect on the requirements of 
the rule and are approvable.

3745-17-14 ``Contingency Plan Requirements for Cuyahoga and Jefferson 
Counties''

    The primary revisions to this rule are to remove the provisions 
that apply to sources that have permanently shut down. Ohio EPA also 
made editorial revisions similar to those discussed above. EPA finds 
that these revisions are approvable.

III. What action is EPA taking?

    EPA is proposing to approve the revisions to OAC 3745-17 that Ohio 
EPA submitted on January 18, 2024, with the exception of selected 
sections of OAC 3745-17-03 as clarified by Ohio EPA on February 21, 
2024.

IV. Incorporation by Reference

    In this rulemaking, EPA is proposing to include, in a final EPA 
rule, regulatory text that includes incorporation by reference. In 
accordance with requirements set forth in 1 CFR 51.5, EPA is proposing 
to incorporate by reference Ohio EPA rules 3745-17-01, 3745-17-03 [with 
the exception of the phrase in 3745-17-03(B)(1)(a) reading ``Except as 
provided in paragraph (B)(1)(b) of this rule'' and 3745-17-
03(B)(1)(b)], 3745-17-04, 3745-17-07, 3745-17-08, 3745-17-09, 3745-17-
10, 3745-17-11, 3745-17-12, 3745-17-13,and 3745-17-14, effective August 
25, 2023, discussed in section II of this preamble. 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).

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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Ohio EPA did not evaluate environmental justice considerations 
as part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action. Due 
to the nature of the action being taken here, this action is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.

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: March 27, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-07129 Filed 4-12-24; 8:45 am]
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