Approval and Promulgation of Air Quality Implementation Plans; Ohio; Infrastructure SIP Requirements for the 2008 Lead and 2010 NO2, 60075-60077 [2014-23798]
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tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
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60075
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 5, 2014. 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).)
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of state
implementation plan (SIP) submissions
from Ohio regarding the infrastructure
requirements of section 110 of the Clean
Air Act (CAA) for the 2008 lead (Pb) and
2010 nitrogen dioxide (NO2) National
Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. The
proposed rulemaking associated with
this final action was published on July
25, 2014, and EPA received no
comments pertaining to infrastructure
for the 2008 Pb or 2010 NO2 NAAQS
during the comment period, which
ended on August 25, 2014. The 2008
ozone and 2010 SO2 infrastructure SIPs
were also addressed in the proposed
rulemaking but will be addressed in a
separate final rulemaking.
DATES: This final rule is effective on
November 5, 2014.
ADDRESSES: EPA has established dockets
for this action under Docket ID No.
EPA–R05–OAR–2011–0888 (2008 Pb
infrastructure SIP elements) and Docket
ID No. EPA–R05–OAR–2012–0991
(2010 NO2 infrastructure SIP elements).
All documents in the docket are listed
in the www.regulations.gov index.
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,
will be publicly-available only in hard
copy. Publicly-available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the U.S. 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
Environmental protection, Air
pollution control, Incorporation by
reference, Oxides of Nitrogen, Ozone,
Volatile organic compounds.
Dated: September 22, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.726 is amended by
adding paragraph (oo) to read as
follows:
■
§ 52.726
Control strategy: Ozone.
*
*
*
*
*
(oo) Approval—On March 28, 2014,
the State of Illinois submitted a revision
to its State Implementation Plan for the
Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the
Greater Chicago Area). The submittal
established new Motor Vehicle
Emissions Budgets (MVEB) for Volatile
Organic Compounds (VOC) and Oxides
of Nitrogen (NOX) for the year 2025. The
MVEBs for the Illinois portion of the
Greater Chicago Area are: 60.13 tons/
day of VOC emissions and 150.27 tons/
day of NOX emissions for the year 2025.
[FR Doc. 2014–23795 Filed 10–3–14; 8:45 am]
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40 CFR Part 52
[EPA–R05–OAR–2011–0888; EPA–R05–
OAR–2012–0991; FRL 9917–32–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Infrastructure SIP Requirements for
the 2008 Lead and 2010 NO2 NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
SUMMARY:
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
you telephone Sarah Arra at (312) 886–
9401 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9401,
arra.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background of these SIP
submissions?
A. What State SIP submissions does this
rulemaking address?
B. Why did the State make these SIP
submissions?
C. What is the scope of this rulemaking?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background of these SIP
submissions?
A. What State SIP submissions does this
rulemaking address?
This rulemaking addresses
submissions from the Ohio
Environmental Protection Agency. The
state submitted the infrastructure SIP for
the 2008 Pb NAAQS on October 12,
2011, supplemented on June 7, 2013;
and submitted the infrastructure SIP for
the 2010 NO2 NAAQS on February 8,
2013, supplemented on February 25,
2013 and June 7, 2013.
tkelley on DSK3SPTVN1PROD with RULES
B. Why did the State make these SIP
submissions?
Under sections 110(a)(1) and (2) of the
CAA, states are required to submit
infrastructure SIPs to ensure that their
SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2008 Pb and
2010 NO2 NAAQS. These submissions
must contain any revisions needed for
meeting the applicable SIP requirements
of section 110(a)(2), or certifications that
their existing SIPs for the NAAQS
already meet those requirements.
EPA has highlighted this statutory
requirement in multiple guidances, the
most recent guidance document entitled
‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1)
and (2)’’ on September 13, 2013.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP
submission from Ohio that address the
infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the
2008 Pb and 2010 NO2 NAAQS. The
requirement for states to make a SIP
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submission of this type arises out of
CAA section 110(a)(1). Pursuant to
section 110(a)(1), states must make SIP
submissions ‘‘within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof),’’ and
these SIP submissions are to provide for
the ‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
EPA’s taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
EPA has historically referred to these
SIP submissions made for the purpose
of satisfying the requirements of CAA
sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Although the term ‘‘infrastructure SIP’’
does not appear in the CAA, EPA uses
the term to distinguish this particular
type of SIP submission from
submissions that are intended to satisfy
other SIP requirements under the CAA,
such as ‘‘nonattainment SIP’’ or
‘‘attainment plan SIP’’ submissions to
address the nonattainment planning
requirements of part D of title I of the
CAA, ‘‘regional haze SIP’’ submissions
required by EPA rule to address the
visibility protection requirements of
CAA section 169A, and nonattainment
new source review (NNSR) permit
program submissions to address the
permit requirements of CAA, title I, part
D.
A detailed rationale, history, and
interpretation related to infrastructure
SIP requirements can be found in our
May 13, 2014, proposed rule entitled,
‘‘Infrastructure SIP Requirements for the
2008 Lead NAAQS’’ in the section,
‘‘What is the scope of this rulemaking?’’
(see 79 FR 27241 at 27242–27245).
This rulemaking will not cover three
substantive areas that are not integral to
acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources, that may be
contrary to the CAA and EPA’s policies
addressing such excess emissions
(‘‘SSM’’); (ii) existing provisions related
to ‘‘director’s variance’’ or ‘‘director’s
discretion’’ that purport to permit
revisions to SIP approved emissions
limits with limited public process or
without requiring further approval by
EPA, that may be contrary to the CAA
(collectively referred to as ‘‘director’s
discretion’’); and, (iii) existing
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provisions for PSD programs that may
be inconsistent with current
requirements of EPA’s ‘‘Final NSR
Improvement Rule,’’ 67 FR 80186
(December 31, 2002), as amended by 72
FR 32526 (June 13, 2007) (‘‘NSR
Reform’’). Instead, EPA has the
authority to address each one of these
substantive areas in separate
rulemaking.
In addition, EPA is not acting on
portions of section 110(a)(2)(J)—
visibility protection for 2010 NO2 and
portions of Ohio’s submission
addressing the prevention of significant
deterioration, sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and the prevention of
significant deterioration (PSD) portion
of (J) for 2008 Pb and 2010 NO2. EPA is
also not acting on section 110(a)(2)(I)—
Nonattainment Area Plan or Plan
Revisions Under Part D, in its entirety.
The rationale for not acting on elements
of these requirements was included in
EPA’s July 25, 2014 proposed
rulemaking.
II. What action is EPA taking?
The proposed rulemaking associated
with this final action was published on
July 25, 2014 (79 FR 43338), and EPA
received no comments pertaining to
infrastructure for 2008 Pb or 2010 NO2
NAAQS during the comment period,
which ended on August 25, 2014. The
2008 ozone and 2010 SO2 infrastructure
SIPs were also addressed in the
proposed rulemaking but will be
addressed in a separate final
rulemaking.
For the reasons discussed in our
proposed rulemaking and since no
public comments were received, EPA is
taking final action to approve, as
proposed, Ohio’s infrastructure SIPs for
the 2008 Pb and 2010 NO2 NAAQS. Our
final actions by element of section
110(a)(2) and NAAQS, are contained in
the table below.
Element
(A): Emission limits and other
control measures.
(B): Ambient air quality monitoring and data system.
(C)1: Enforcement of SIP
measures.
(C)2: PSD program for Pb ......
(C)3: NOX as a precursor to
ozone for PSD.
(C)4: PM2.5 Precursors/PM2.5
and PM10 condensables for
PSD.
(C)5: PM2.5 Increments ...........
(C)5: GHG permitting thresholds in PSD regulations.
(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS.
E:\FR\FM\06OCR1.SGM
06OCR1
2008
Pb
2010
NO2
A
A
A
A
A
A
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
A
A
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
Element
(D)2: PSD ...............................
(D)3: Visibility Protection ........
(D)4: Interstate Pollution
Abatement.
(D)5: International Pollution
Abatement.
(E): Adequate resources ........
(E): State boards ....................
(F): Stationary source monitoring system.
(G): Emergency power ...........
(H): Future SIP revisions ........
(I): Nonattainment area plan
or plan revisions under part
D.
(J)1: Consultation with government officials.
(J)2: Public notification ...........
(J)3: PSD ................................
(J)4: Visibility protection .........
(K): Air quality modeling and
data.
(L): Permitting fees .................
(M): Consultation and participation by affected local entities.
2008
Pb
2010
NO2
NA
A
A
NA
NA
A
A
A
A
A
A
A
A
A
A
A
NA
A
A
NA
A
A
A
NA
+
A
A
NA
+
A
A
A
A
A
tkelley on DSK3SPTVN1PROD with RULES
In the above table, the key is as follows:
A Approve
NA No Action/Separate Rulemaking
+ Not germane to infrastructure SIPs
III. 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
VerDate Sep<11>2014
16:42 Oct 03, 2014
Jkt 235001
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, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
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 December 5, 2014. 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).)
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60077
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: September 22, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1891 is amended by
adding paragraphs (e) and (f) to read as
follows:
■
§ 52.1891 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(e) Approval—In a October 12, 2011,
submittal, supplemented on June 7,
2013, Ohio certified that the State has
satisfied the infrastructure SIP
requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2008 Lead NAAQS. We are not
finalizing action on submissions
addressing the prevention of significant
deterioration requirements in sections
110(a)(2)(C), (D)(i)(II), (D)(ii), and the
prevention of significant deterioration
(PSD) portion of (J).
(f) Approval—In a February 8, 2013
submittal, supplemented on February
25, 2013, and June 7, 2013, Ohio
certified that the State has satisfied the
infrastructure SIP requirements of
section 110(a)(2)(A) through (H), and (J)
through (M) for the 2010 NO2 NAAQS.
We are not finalizing action on the
visibility protection requirements of
(D)(i)(II) or the prevention of significant
deterioration requirements in sections
110(a)(2)(C), (D)(i)(II), (D)(ii), and the
prevention of significant deterioration
(PSD) portion of (J).
[FR Doc. 2014–23798 Filed 10–3–14; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60075-60077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23798]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0888; EPA-R05-OAR-2012-0991; FRL 9917-32-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Infrastructure SIP Requirements for the 2008 Lead and 2010 NO2
NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve elements of state implementation plan (SIP)
submissions from Ohio regarding the infrastructure requirements of
section 110 of the Clean Air Act (CAA) for the 2008 lead (Pb) and 2010
nitrogen dioxide (NO2) National Ambient Air Quality
Standards (NAAQS). The infrastructure requirements are designed to
ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA. The proposed rulemaking associated with this final
action was published on July 25, 2014, and EPA received no comments
pertaining to infrastructure for the 2008 Pb or 2010 NO2
NAAQS during the comment period, which ended on August 25, 2014. The
2008 ozone and 2010 SO2 infrastructure SIPs were also
addressed in the proposed rulemaking but will be addressed in a
separate final rulemaking.
DATES: This final rule is effective on November 5, 2014.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2011-0888 (2008 Pb infrastructure SIP elements) and
Docket ID No. EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure
SIP elements). All documents in the docket are listed in the
www.regulations.gov index. 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, will be
publicly-available only in hard copy. Publicly-available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the U.S. 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
[[Page 60076]]
you telephone Sarah Arra at (312) 886-9401 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-9401, arra.sarah@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background of these SIP submissions?
A. What State SIP submissions does this rulemaking address?
B. Why did the State make these SIP submissions?
C. What is the scope of this rulemaking?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background of these SIP submissions?
A. What State SIP submissions does this rulemaking address?
This rulemaking addresses submissions from the Ohio Environmental
Protection Agency. The state submitted the infrastructure SIP for the
2008 Pb NAAQS on October 12, 2011, supplemented on June 7, 2013; and
submitted the infrastructure SIP for the 2010 NO2 NAAQS on
February 8, 2013, supplemented on February 25, 2013 and June 7, 2013.
B. Why did the State make these SIP submissions?
Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2008 Pb and 2010 NO2 NAAQS. These submissions must
contain any revisions needed for meeting the applicable SIP
requirements of section 110(a)(2), or certifications that their
existing SIPs for the NAAQS already meet those requirements.
EPA has highlighted this statutory requirement in multiple
guidances, the most recent guidance document entitled ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean Air
Act Sections 110(a)(1) and (2)'' on September 13, 2013.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP submission from Ohio that address the
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for
the 2008 Pb and 2010 NO2 NAAQS. The requirement for states
to make a SIP submission of this type arises out of CAA section
110(a)(1). Pursuant to section 110(a)(1), states must make SIP
submissions ``within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions, and the
requirement to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address.
EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to
address the nonattainment planning requirements of part D of title I of
the CAA, ``regional haze SIP'' submissions required by EPA rule to
address the visibility protection requirements of CAA section 169A, and
nonattainment new source review (NNSR) permit program submissions to
address the permit requirements of CAA, title I, part D.
A detailed rationale, history, and interpretation related to
infrastructure SIP requirements can be found in our May 13, 2014,
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?''
(see 79 FR 27241 at 27242-27245).
This rulemaking will not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources, that may be contrary to
the CAA and EPA's policies addressing such excess emissions (``SSM'');
(ii) existing provisions related to ``director's variance'' or
``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(collectively referred to as ``director's discretion''); and, (iii)
existing provisions for PSD programs that may be inconsistent with
current requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR
80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007)
(``NSR Reform''). Instead, EPA has the authority to address each one of
these substantive areas in separate rulemaking.
In addition, EPA is not acting on portions of section
110(a)(2)(J)--visibility protection for 2010 NO2 and
portions of Ohio's submission addressing the prevention of significant
deterioration, sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and the
prevention of significant deterioration (PSD) portion of (J) for 2008
Pb and 2010 NO2. EPA is also not acting on section
110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under Part D,
in its entirety. The rationale for not acting on elements of these
requirements was included in EPA's July 25, 2014 proposed rulemaking.
II. What action is EPA taking?
The proposed rulemaking associated with this final action was
published on July 25, 2014 (79 FR 43338), and EPA received no comments
pertaining to infrastructure for 2008 Pb or 2010 NO2 NAAQS
during the comment period, which ended on August 25, 2014. The 2008
ozone and 2010 SO2 infrastructure SIPs were also addressed
in the proposed rulemaking but will be addressed in a separate final
rulemaking.
For the reasons discussed in our proposed rulemaking and since no
public comments were received, EPA is taking final action to approve,
as proposed, Ohio's infrastructure SIPs for the 2008 Pb and 2010
NO2 NAAQS. Our final actions by element of section 110(a)(2)
and NAAQS, are contained in the table below.
------------------------------------------------------------------------
Element 2008 Pb 2010 NO2
------------------------------------------------------------------------
(A): Emission limits and other control A A
measures.
(B): Ambient air quality monitoring A A
and data system.
(C)1: Enforcement of SIP measures..... A A
(C)2: PSD program for Pb.............. NA NA
(C)3: NOX as a precursor to ozone for NA NA
PSD.
(C)4: PM2.5 Precursors/PM2.5 and PM10 NA NA
condensables for PSD.
(C)5: PM2.5 Increments................ NA NA
(C)5: GHG permitting thresholds in PSD NA NA
regulations.
(D)1: Contribute to nonattainment/ A A
interfere with maintenance of NAAQS.
[[Page 60077]]
(D)2: PSD............................. NA NA
(D)3: Visibility Protection........... A NA
(D)4: Interstate Pollution Abatement.. A A
(D)5: International Pollution A A
Abatement.
(E): Adequate resources............... A A
(E): State boards..................... A A
(F): Stationary source monitoring A A
system.
(G): Emergency power.................. A A
(H): Future SIP revisions............. A A
(I): Nonattainment area plan or plan NA NA
revisions under part D.
(J)1: Consultation with government A A
officials.
(J)2: Public notification............. A A
(J)3: PSD............................. NA NA
(J)4: Visibility protection........... + +
(K): Air quality modeling and data.... A A
(L): Permitting fees.................. A A
(M): Consultation and participation by A A
affected local entities.
------------------------------------------------------------------------
In the above table, the key is as follows:
A Approve
NA No Action/Separate Rulemaking
+ Not germane to infrastructure SIPs
III. 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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 December 5, 2014. 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, Intergovernmental relations, Lead, Nitrogen dioxide,
Reporting and recordkeeping requirements.
Dated: September 22, 2014.
Susan Hedman,
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. Section 52.1891 is amended by adding paragraphs (e) and (f) to read
as follows:
Sec. 52.1891 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) Approval--In a October 12, 2011, submittal, supplemented on
June 7, 2013, Ohio certified that the State has satisfied the
infrastructure SIP requirements of section 110(a)(2)(A) through (H),
and (J) through (M) for the 2008 Lead NAAQS. We are not finalizing
action on submissions addressing the prevention of significant
deterioration requirements in sections 110(a)(2)(C), (D)(i)(II),
(D)(ii), and the prevention of significant deterioration (PSD) portion
of (J).
(f) Approval--In a February 8, 2013 submittal, supplemented on
February 25, 2013, and June 7, 2013, Ohio certified that the State has
satisfied the infrastructure SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the 2010 NO2 NAAQS. We
are not finalizing action on the visibility protection requirements of
(D)(i)(II) or the prevention of significant deterioration requirements
in sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and the prevention of
significant deterioration (PSD) portion of (J).
[FR Doc. 2014-23798 Filed 10-3-14; 8:45 am]
BILLING CODE 6560-50-P
