Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2012 PM2.5, 64072-64074 [2016-22360]
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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
significant regulatory action under
Executive Order 12866.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations because it does not affect
the level of protection provided to
human health or the environment. This
action merely partially approves and
partially disapproves a SIP submittal
from the State of New Jersey.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to 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).
rmajette on DSK2TPTVN1PROD with RULES
L. Judicial Review
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 18, 2016. 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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Incorporation by reference,
Carbon monoxide, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Sulfur dioxide, Volatile organic
compounds.
40 CFR part 52 is amended as follows:
Jkt 238001
§ 52.1586 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(b) 2008 Lead, 2008 8-hour ozone,
2010 NO2, 2010 SO2, 2012 PM2.5, 2006
PM10 and 2011 CO NAAQS—(1)
Approval. Submittal from New Jersey
dated October 17, 2014 to address the
CAA infrastructure requirements of
section 110(a)(2) for the 2008 Lead, 2008
8-hour ozone, 2010 NO2, 2010 SO2, 2012
PM2.5, 2006 PM10 and 2011 CO NAAQS
is approved for (D)(i)(II) prong 4
(visibility).
(2) Disapproval. Submittal from New
Jersey dated October 17, 2014 to address
the CAA infrastructure requirements of
section 110(a)(2) for the 2008 Lead, 2008
8-hour ozone, 2010 NO2, 2010 SO2, 2012
PM2.5, 2006 PM10 and 2011 CO NAAQS
is disapproved for (D)(i)(II) prong 3 (PSD
program only). These requirements are
being addressed by § 52.1603 which has
been delegated to New Jersey to
implement.
(c) [Reserved]
[FR Doc. 2016–22400 Filed 9–16–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0824; FRL–9952–42–
Region 5]
Air Plan Approval; Ohio; Infrastructure
SIP Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Dated: September 6, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
14:11 Sep 16, 2016
2. Section 52.1586 is amended by
adding paragraph (b) and adding and
reserving paragraph (c) to read as
follows:
■
The Environmental Protection
Agency (EPA) is approving elements of
the state implementation plan (SIP)
submission from Ohio regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS). The infrastructure
SUMMARY:
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This final rule is effective on
October 19, 2016.
DATES:
AGENCY:
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
Subpart FF—New Jersey
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 rule associated with this final
action was published on June 23, 2016,
and we received no comments.
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2015–0824. All
documents in the docket are listed on
the www.regulations.gov Web site.
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 Joseph
Ko, Environmental Engineer, at (312)
886–7947 before visiting the Region 5
office.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance,
Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@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 did Ohio submit, and what is the
scope of EPA’s action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What did Ohio submit, and what is
the scope of EPA’s action?
A. What state SIP submission does this
rulemaking address?
This rulemaking addresses a
submission from the Ohio
Environmental Protection Agency
(OEPA), describing its infrastructure SIP
for the 2012 PM2.5 NAAQS, dated
December 4, 2015.
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B. Why did the state make this SIP
submission?
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 2012 PM2.5
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 highlighted this statutory
requirement in an October 2, 2007,
guidance document entitled ‘‘Guidance
on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997
8-hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ (2007
Memo) and has issued additional
guidance documents, the most recent on
September 13, 2013, ‘‘Guidance on
Infrastructure State Implementation
Plan (SIP) Elements under CAA
Sections 110(a)(1) and (2)’’ (2013
Memo). The SIP submission referenced
in this rulemaking pertains to the
applicable requirements of section
110(a)(1) and (2), and addresses the
2012 PM2.5 NAAQS. To the extent that
the prevention of significant
deterioration (PSD) program is nonNAAQS specific, a narrow evaluation of
other aspects of Ohio’s submittal
pertinent to the NAAQS will be
included in the appropriate sections.
rmajette on DSK2TPTVN1PROD with RULES
C. What is the scope of this rulemaking?
EPA is acting upon the SIP
submission from OEPA that addresses
the infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the
2012 PM2.5 NAAQS. The requirement
for states to make a SIP submission of
this type is in 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
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14:11 Sep 16, 2016
Jkt 238001
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.
This rulemaking will not cover four
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
(‘‘director’s discretion’’); (iii) existing
provisions for PSD programs that may
be inconsistent with current
requirements of EPA’s ‘‘Final New
Source Review (NSR) Improvement
Rule,’’ 67 FR 80186 (December 31,
2002), as amended by 72 FR 32526 (June
13, 2007) (‘‘NSR Reform’’); and (iv)
transport provisions under section
110(a)(2)(D). Instead, EPA has the
authority to, and plans to, address each
one of these substantive areas in
separate rulemakings. A detailed history
and interpretation of infrastructure SIP
requirements can be found in EPA’s
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).
II. What action is EPA taking?
EPA is approving most elements of
the submission from OEPA certifying
that its current SIP is sufficient to meet
the required infrastructure elements
under sections 110(a)(1) and (2) for the
2012 PM2.5 NAAQS. The proposed
rulemaking associated with this final
action was published on June 23, 2016
(81 FR 40827), and EPA received no
comments during the comment period,
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64073
which ended on July 25, 2016. For the
reasons discussed in the proposed
rulemaking, EPA is therefore taking
final action to approve most elements,
as proposed, of Ohio’s submissions.
EPA’s final actions for the state’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2) are contained in the table
below.
Element
(A): Emission limits and other control
measures.
(B): Ambient air quality monitoring
and data system.
(C): Program for enforcement of control measures.
(D) 1: Interstate Transport—Significant contribution.
(D) 2: Interstate Transport—interfere
with maintenance.
(D) 3: PSD .........................................
(D) 4: Visibility ....................................
(D) 5: Interstate and 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.
2012
PM2.5
A
A
A
NA
NA
A
NA
A
A
A
A
A
A
+
A
A
A
+
A
A
A
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / 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, 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 18, 2016. 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 30, 2016.
Robert A. Kaplan,
Acting 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. In § 52.1870, the table in paragraph
(e) is amended by adding an entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS’’ after the entry ‘‘Section
110(a)(2) infrastructure requirements for
the 2006 PM2.5 NAAQS’’ under
‘‘Infrastructure Requirements’’ to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical or
non-attainment area
Title
*
*
*
State date
*
EPA approval
*
Comments
*
*
Infrastructure Requirements
*
*
Section 110(a)(2) infrastructure requirements
for the 2012 PM2.5 NAAQS.
*
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*
*
*
*
*
*
Statewide ...................
*
*
12/2/2015
*
*
*
9/19/2016, [Insert Federal
Register citation].
*
*
*
[FR Doc. 2016–22360 Filed 9–16–16; 8:45 am]
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*
Addresses the following
CAA elements:
110(a)(2)(A)–(C), (D)(iii),
(D)(v), (E)–(H), (J)(i),
(J)(ii), (J)(iii), (K)–(M).
*
]]>Agencies
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64072-64074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22360]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0824; FRL-9952-42-Region 5]
Air Plan Approval; Ohio; Infrastructure SIP Requirements for the
2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the state implementation plan (SIP) submission from Ohio
regarding the infrastructure requirements of section 110 of the Clean
Air Act (CAA) for the 2012 fine particulate matter (PM2.5)
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 rule associated
with this final action was published on June 23, 2016, and we received
no comments.
DATES: This final rule is effective on October 19, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0824. All documents in the docket are listed on
the www.regulations.gov Web site. 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 Joseph Ko, Environmental Engineer, at (312) 886-7947
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7947, ko.joseph@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 did Ohio submit, and what is the scope of EPA's action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What did Ohio submit, and what is the scope of EPA's action?
A. What state SIP submission does this rulemaking address?
This rulemaking addresses a submission from the Ohio Environmental
Protection Agency (OEPA), describing its infrastructure SIP for the
2012 PM2.5 NAAQS, dated December 4, 2015.
[[Page 64073]]
B. Why did the state make this SIP submission?
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 2012 PM2.5 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 highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo)
and has issued additional guidance documents, the most recent on
September 13, 2013, ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 Memo).
The SIP submission referenced in this rulemaking pertains to the
applicable requirements of section 110(a)(1) and (2), and addresses the
2012 PM2.5 NAAQS. To the extent that the prevention of
significant deterioration (PSD) program is non-NAAQS specific, a narrow
evaluation of other aspects of Ohio's submittal pertinent to the NAAQS
will be included in the appropriate sections.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP submission from OEPA that addresses the
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for
the 2012 PM2.5 NAAQS. The requirement for states to make a
SIP submission of this type is in 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.
This rulemaking will not cover four 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
(``director's discretion''); (iii) existing provisions for PSD programs
that may be inconsistent with current requirements of EPA's ``Final New
Source Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31,
2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''); and
(iv) transport provisions under section 110(a)(2)(D). Instead, EPA has
the authority to, and plans to, address each one of these substantive
areas in separate rulemakings. A detailed history and interpretation of
infrastructure SIP requirements can be found in EPA's 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).
II. What action is EPA taking?
EPA is approving most elements of the submission from OEPA
certifying that its current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and (2) for the 2012
PM2.5 NAAQS. The proposed rulemaking associated with this
final action was published on June 23, 2016 (81 FR 40827), and EPA
received no comments during the comment period, which ended on July 25,
2016. For the reasons discussed in the proposed rulemaking, EPA is
therefore taking final action to approve most elements, as proposed, of
Ohio's submissions. EPA's final actions for the state's satisfaction of
infrastructure SIP requirements, by element of section 110(a)(2) are
contained in the table below.
------------------------------------------------------------------------
Element 2012 PM2.5
------------------------------------------------------------------------
(A): Emission limits and other control A
measures.
(B): Ambient air quality monitoring and data A
system.
(C): Program for enforcement of control A
measures.
(D) 1: Interstate Transport--Significant NA
contribution.
(D) 2: Interstate Transport--interfere with NA
maintenance.
(D) 3: PSD................................... A
(D) 4: Visibility............................ NA
(D) 5: Interstate and International Pollution A
Abatement.
(E): Adequate resources...................... A
(E): State boards............................ A
(F): Stationary source monitoring system..... A
(G): Emergency power......................... A
(H): Future SIP revisions.................... A
(I): Nonattainment area plan or plan +
revisions under part D.
(J) 1: Consultation with government officials A
(J) 2: Public notification................... A
(J) 3: PSD................................... A
(J) 4: Visibility protection................. +
(K): Air quality modeling and data........... A
(L): Permitting fees......................... A
(M): Consultation and participation by 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
[[Page 64074]]
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 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 18, 2016. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 30, 2016.
Robert A. Kaplan,
Acting 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 an
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS'' after the entry ``Section 110(a)(2)
infrastructure requirements for the 2006 PM2.5 NAAQS'' under
``Infrastructure Requirements'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable
Title geographical or non- State date EPA approval Comments
attainment area
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Infrastructure Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) infrastructure Statewide............ 12/2/2015 9/19/2016, [Insert Federal Register Addresses the following CAA elements:
requirements for the 2012 PM citation]. 110(a)(2)(A)-(C), (D)(iii), (D)(v),
NAAQS. (E)-(H), (J)(i), (J)(ii), (J)(iii),
(K)-(M).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-22360 Filed 9-16-16; 8:45 am]
BILLING CODE 6560-50-P
