Air Plan Approval; Ohio; Revisions to NOX, 59327-59331 [2019-23704]

Download as PDF Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Proposed Rules (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 Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve 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). VerDate Sep<11>2014 17:22 Nov 01, 2019 Jkt 250001 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 proposed 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 25, 2019. David Gray, Acting Regional Administrator, Region 6. [FR Doc. 2019–23676 Filed 11–1–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2019–0522; FRL–10001– 07–Region 5] Air Plan Approval; Ohio; Revisions to NOX SIP Call Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve under the Clean Air Act (CAA) a request from the Ohio Environmental Protection Agency (Ohio EPA) to revise the Ohio State Implementation Plan (SIP) to incorporate revisions to Ohio Administrative Code (OAC) Chapter 3745–14 regarding the Nitrogen Oxides (NOX) SIP Call. This SIP revision would approve alternative monitoring requirements for certain covered sources. DATES: Comments must be received on or before December 4, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2019–0522 at https:// www.regulations.gov, or via email to aburano.douglas@epa.gov. 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 SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 59327 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: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–4489, svingen.eric@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 this SIP submission? II. What is EPA’s analysis of this SIP submission? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is the background of this SIP submission? Under CAA section 110(a)(2)(D)(i)(I), called the good neighbor provision, states are required to address interstate transport of air pollution. Specifically, the good neighbor provision provides that each state’s SIP must contain provisions prohibiting emissions from within that state from contributing significantly to nonattainment of the National Ambient Air Quality Standards (NAAQS), or interfering with maintenance of the NAAQS, in any other state. On October 27, 1998, EPA published the NOX SIP Call, which required eastern states, including Ohio, to submit SIPs that prohibit excessive emissions of ozone season NOX by implementing statewide emissions budgets (63 FR 57356). The NOX SIP Call addressed the E:\FR\FM\04NOP1.SGM 04NOP1 59328 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Proposed Rules good neighbor provision for the 1979 ozone NAAQS and was designed to mitigate the impact of transported NOX emissions, one of the precursors of ozone. EPA developed the NOX Budget Trading Program, an allowance trading program that states could adopt to meet their obligations under the NOX SIP Call. This trading program allowed certain sources to participate in a regional cap and trade program: Electric Generating Units (EGUs) with capacity greater than 25 megawatts; and large non-EGUs, such as boilers and turbines, with a rated heat input greater than 250 million British thermal units per hour (MMBtu/hr). The NOX SIP Call also identified potential reductions from Portland cement kilns and stationary internal combustion engines. In fulfillment of the requirements of the NOX SIP Call, Ohio EPA promulgated OAC Chapter 3745–14 which, among other things, required EGUs and large non-EGUs in the state to participate in the NOX Budget Trading Program. On August 5, 2003, EPA published an action approving this initial version of OAC Chapter 3745–14 into the Ohio SIP (68 FR 46089). On May 12, 2005, EPA published the Clean Air Interstate Rule (CAIR), which required eastern states, including Ohio, to submit SIPs that prohibited emissions consistent with annual and ozone season NOX budgets and annual sulfur dioxide (SO2) budgets (70 FR 25152). CAIR addressed the good neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate matter (PM2.5) NAAQS and was designed to mitigate the impact of transported NOX emissions, a precursor of ozone as well as PM2.5, as well as transported SO2 emissions, another precursor of PM2.5. Like the NOX SIP Call, CAIR also established several trading programs that states could use as mechanisms to comply with the budgets. When the CAIR trading program for ozone season NOX was implemented beginning in 2009, EPA discontinued administration of the NOX Budget Trading Program, but the requirements of the NOX SIP Call continued to apply. To meet the requirements of CAIR, Ohio EPA promulgated OAC Chapter 3745–109, which required EGUs to participate in the CAIR annual SO2 and annual and ozone season NOX trading programs. Participation by EGUs in the CAIR trading program for ozone season NOX addressed the state’s obligation under the NOX SIP Call for those units. Ohio EPA also opted to incorporate large non-EGUs previously regulated under OAC Chapter 3745–14 into OAC Chapter 3745–109, to meet the obligations of the NOX SIP Call with VerDate Sep<11>2014 17:22 Nov 01, 2019 Jkt 250001 respect to those units through the CAIR trading program as well. On September 25, 2009, EPA published an action approving OAC Chapter 3745–109 into the Ohio SIP (74 FR 48857). The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR. North Carolina v. EPA, 531 F.3d 896, modified, 550 F.3d 1176 (D.C. Cir. 2008). The ruling allowed CAIR to remain in effect temporarily until a replacement rule consistent with the court’s opinion was developed. While EPA worked on developing a replacement rule, the CAIR program continued as planned with the NOX annual and ozone season programs beginning in 2009 and the SO2 annual program beginning in 2010. On August 8, 2011, acting on the D.C. Circuit’s remand, EPA published the Cross-State Air Pollution Rule (CSAPR) to replace CAIR and to address the good neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5 NAAQS, and the 2006 PM2.5 NAAQS (76 FR 48208). Through Federal Implementation Plans (FIPs), CSAPR required EGUs in eastern states, including Ohio, to meet annual and ozone season NOX budgets and annual SO2 budgets implemented through new trading programs. CSAPR also contained provisions that would sunset CAIR-related obligations on a schedule coordinated with the implementation of the CSAPR compliance requirements. Participation by a state’s EGUs in the CSAPR trading program for ozone season NOX generally addressed the state’s obligation under the NOX SIP Call for EGUs. However, CSAPR did not initially contain provisions allowing states to incorporate large non-EGUs into that trading program to meet the requirements of the NOX SIP Call for non-EGUs. CSAPR was intended to become effective January 1, 2012; however, the timing of CSAPR’s implementation was impacted by subsequent litigation in which the D.C. Circuit stayed implementation of the rule pending judicial review. After subsequent litigation,1 the court granted EPA’s motion to lift the stay 2 and, on 1 EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 31 (D.C. Cir. 2012) (EME Homer City I) (vacating and remanding CSAPR); EPA v. EME Homer City Generation, L.P., 572 U.S. 489 (2014) (reversing the D.C. Circuit decision and remanding for further proceedings). 2 The D.C. Circuit subsequently issued its decision on remand from the Supreme Court, largely affirming CSAPR but remanding certain states budgets to EPA for reconsideration. EME PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 December 3, 2014, EPA issued an interim final rule, setting the updated effective date of CSAPR as January 1, 2015 (79 FR 71663). In accordance with the interim final rule, EPA stopped administering the CAIR trading programs with respect to emissions occurring after December 31, 2014, and EPA began implementing CSAPR on January 1, 2015.3 On October 26, 2016, EPA published the CSAPR Update, which established a new ozone season NOX trading program for EGUs in eastern states, including Ohio, to address the good neighbor provision for the 2008 ozone NAAQS (81 FR 74504). As under CSAPR, participation by a state’s EGUs in the new CSAPR trading program for ozone season NOX generally addressed the state’s obligation under the NOX SIP Call for EGUs. The CSAPR Update also expanded options available to states for meeting NOX SIP Call requirements for large non-EGUs by allowing states to incorporate those units into the new trading program. After evaluating the various options available following the CSAPR Update, Ohio EPA chose to meet the ongoing NOX SIP Call requirements for existing and new large non-EGUs by modifying its existing regulations at OAC Chapter 3745–14 to make the portion of the budget assigned to large non-EGUs under that program enforceable without an allowance trading mechanism. Ohio also rescinded its CAIR trading program rules in OAC Chapter 3745–109 in full. On September 17, 2019, EPA published an action approving Ohio EPA’s request to modify its SIP to include the revisions at OAC Chapter 3745–14 and to remove OAC Chapter 3745–109 (84 FR 48789). Under 40 CFR 51.121(i)(4) of the NOX SIP Call regulations as originally promulgated, where a state’s SIP contains control measures for EGUs and large non-EGUs, the SIP must also require these sources to monitor emissions according to the provisions of 40 CFR part 75, which generally entails the use of continuous emission monitoring systems (CEMS). Ohio triggered this requirement by including control measures in their SIP for these types of sources, and the requirement has remained in effect despite the discontinuation of the NOX Budget Trading Program after the 2008 ozone season. On March 8, 2019, EPA Homer City Generation, L.P., v. EPA, 795 F.3d 118 (EME Homer City II). 3 EPA solicited comment on the interim final rule and subsequently issued a final rule affirming the amended compliance schedule after consideration of comments received. 81 FR 13275 (March 14, 2016). E:\FR\FM\04NOP1.SGM 04NOP1 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Proposed Rules finalized updates to the provision at 40 CFR 51.121(i)(4) to make the inclusion of 40 CFR part 75 monitoring requirements for these sources in SIPs optional rather than mandatory for NOX SIP Call purposes (84 FR 8422). Under the updated provision, a state’s SIP would still need to include some form of emissions monitoring requirements for these types of sources, consistent with the NOX SIP Call’s general enforceability and monitoring requirements at § 51.121(f)(1) and (i)(1), respectively, but states would no longer be required to satisfy these general NOX SIP Call requirements specifically through the adoption of 40 CFR part 75 monitoring requirements. After evaluating the various options available following EPA’s March 8, 2019, amendments to the NOX SIP Call regulations, Ohio EPA chose to further revise its rules at OAC Chapter 3745–14 to include alternate monitoring requirements for certain covered sources. These revisions provide a process by which the designated representative for certain NOX budget units may submit to the Ohio EPA director an application for an installation or operating permit requesting alternative monitoring and reporting requirements, either in the form of 40 CFR part 60 monitoring or in the form of monitoring of heat input and fuel use combined with use of an approved emission factor. II. What is EPA’s analysis of this SIP submission? Ohio’s August 26, 2019, submission requests that EPA update Ohio’s SIP to reflect the revised rules at OAC Chapter 3745–14. Additionally, this submission includes a demonstration under Section 110(l) of the CAA intended to show that this SIP revision does not interfere with any applicable CAA requirement. A. Revised State Rules Given EPA’s revision to the NOX SIP Call’s emissions monitoring requirements, Ohio updated its NOX SIP Call rules at OAC Chapter 3745–14 to establish emissions monitoring requirements for certain units other than requirements to monitor according to 40 CFR part 75. Specifically, Ohio adopted revisions to OAC rules 3745–14–01, 3745–14–04, and 3745–14–08 with a state-effective date of August 22, 2019. Ohio’s August 26, 2019, submission includes a request that EPA approve these updated rules into its SIP. The state regulations addressing the NOX SIP Call are established at OAC rules 3745–14–01, 3745–14–03, 3745– 14–04, 3745–14–08, 3745–14–11, and 3745–14–12. On September 17, 2019, VerDate Sep<11>2014 17:22 Nov 01, 2019 Jkt 250001 EPA approved revisions to OAC rule 3745–14–03 concerning NOX budget permit requirements, and Ohio has not further amended OAC rule 3745–14–03 subsequent to EPA’s approval (84 FR 48789). Ohio has also retained OAC rules 3745–14–11 and 3745–14–12 regarding cement kilns and stationary internal combustion engines outside the former trading program. EPA’s September 17, 2019, rulemaking also included approval of revisions to OAC rules 3745–14–01, 3745–14–04, and 3745–14–08 pertaining to applicability, the statewide emissions budgets for EGUs and large non-EGUs, and monitoring and reporting under the former trading program. Subsequent to the revisions approved in EPA’s September 17, 2019, rulemaking, Ohio further revised OAC rules 3745–14–01, 3745–14–04, and 3745–14–08 to establish alternative monitoring requirements for certain sources, and Ohio’s August 26, 2019 submission requests that EPA approve these further revised rules into its SIP. Specifically, a new provision at OAC rule 3745–14–08 paragraph (H) provides that the Ohio EPA director may approve alternative monitoring and reporting requirements in lieu of the existing requirements at OAC rule 3745–14–08 paragraphs (A) through (G). These alternative requirements shall be based on the best available data, provide for reporting the nature and amount of emissions of a NOX budget unit, and shall be sufficient to determine compliance with the requirements of OAC Chapter 3745–14. Per OAC rule 3745–14–01 paragraph (C) as approved into Ohio’s SIP in EPA’s September 17, 2019, rulemaking, the monitoring requirements at OAC rule 3745–14–08 apply only to units that would have been subject to the former NOX Budget Trading Program and that are not subject to a CSAPR trading program for NOX emissions pursuant to 40 CFR 52.38, and the revised provisions authorizing alternative monitoring requirements therefore would also apply only to units that are not subject to a CSAPR trading program for NOX emissions. The alternative requirements may take one of two forms: Either monitoring and reporting in accordance with 40 CFR part 60, combined with a methodology for determining NOX mass emissions from 40 CFR part 60 NOX emission rate data, or monitoring of heat input and fuel use combined with use of an approved emission factor for current operating conditions. A request under OAC rule 3745–14– 08 paragraph (H) for alternative monitoring and reporting requirements PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 59329 must be made by the designated representative of a NOX budget unit via application for an installation or operating permit. The request must specify which of the two forms is requested. If 40 CFR part 60 monitoring is requested, the application must describe how the amount of NOX emissions in tons will be determined from the 40 CFR part 60 NOX emission rate data. If monitoring of heat input and fuel use combined with use of an approved emission factor is requested, then the request must include an analysis evaluating potential emission factors for each fuel type. The analysis of potential emission factors must include an analysis of any historical CEMS data representative of current operating conditions as well as the results of a valid stack test conducted within the two years preceding the application, if available. The application must also describe how monitoring data will be obtained, recorded, and qualityassured and how NOX emissions will be accounted for during periods of missing or inaccurate data. If alternative monitoring and reporting is requested to begin within a control period, the application must include a description of the transition process ensuring there will not be gaps in data monitoring and reporting. The alternative monitoring and reporting requirements must be approved, prior to use, in the applicable installation or operating permit. By April 15 of each year, a report must be made to the Ohio EPA director of actual NOX emissions for the previous control period, as determined using the approved alternative monitoring procedures. Records must be maintained in accordance with the terms and condition in the installation or operating permit and shall be made available to the Ohio EPA director. Units using approved emissions factors must conduct stack testing according to an approved test method at least once every five years to demonstrate that the approved emission factors continue to be representative. If an initial application did not include stack test data, an initial stack test must be conducted within 90 days of permit issuance. The results of each stack test must be submitted to Ohio EPA within 30 days of the test. Based on the results of any stack test, Ohio EPA may require submission of a new application to establish more representative emission factors. Ohio’s revisions provide that the rule does not authorize exemptions or alternatives to any 40 CFR part 75 monitoring requirements that might apply to a source under a different legal E:\FR\FM\04NOP1.SGM 04NOP1 59330 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Proposed Rules authority. The revised rule further states that Ohio EPA will transmit annually to EPA a report of NOX emissions reported under OAC rule 3745–14–08 paragraph (H), in accordance with the requirements of 40 CFR 51.122(c)(1)(i). Given the addition of paragraph (H) to OAC rule 3745–14–08, Ohio’s revisions also include changes throughout the remainder of OAC rule 3745–14–08 which clarify that sources not adopting approved alternative monitoring and reporting requirements are only subject to the requirements of paragraphs (A) through (G). In OAC rule 3745–14–01, Ohio’s revisions clarify references to the revised OAC rule 3745–14–08, and additionally provide updated definitions regarding emissions and emission factors. Ohio’s revisions to OAC rule 3745–14–04 provide for a compliance certification process for sources subject to approved alternative monitoring and reporting requirements. EPA proposes to find that Ohio’s revisions to OAC rules 3745–14–01, 3745–14–04, and 3745–14–08 are consistent with Ohio’s obligation to demonstrate continued compliance with NOX SIP Call requirements for large non-EGUs. Under the ongoing requirements of the NOX SIP Call, the Ohio SIP must: (1) Include enforceable control measures for ozone season NOX mass emissions from existing and new large EGUs and large non-EGUs and (2) require those sources to monitor and report ozone season NOX emissions. The emissions monitoring and reporting requirements must be sufficient to ensure compliance with the control measures but there is no mandatory specific methodology; use of 40 CFR part 75 is allowed but not required. See 40 CFR 51.121(f)(2) and (i). With respect to the NOX SIP Call requirement that the state have enforceable control measures to limit ozone season NOX, Ohio is currently subject to the Federal CSAPR Update trading program for ozone season NOX that addresses these requirements for existing and new EGUs. Because Ohio’s non-EGUs are not subject to that CSAPR trading program, the state must meet this requirement for non-EGUs through other SIP provisions. In our September 17, 2019, action, EPA previously approved provisions at OAC rule 3745– 14–01 intended to satisfy this requirement for non-EGUs that prohibit ozone season NOX emissions from existing and new large non-EGUs from exceeding 4,028 tons, the portion of the state’s NOX SIP Call budget assigned to large non-EGUs. Ohio’s revisions do not substantively alter the existing provisions at OAC rule 3745–14–01 that address the requirement for enforceable VerDate Sep<11>2014 17:22 Nov 01, 2019 Jkt 250001 control measures for non-EGUs.4 Emissions reported to EPA from the state’s large non-EGUs for the 2018 ozone season were 543 tons, well below this limit. As to the requirement for sources to monitor and report ozone season NOX emissions under the NOX SIP Call, these SIP revisions would continue to require emissions monitoring from all covered sources, consistent with the NOX SIP Call’s enforceability and monitoring requirements, but certain NOX budget units would no longer be required to satisfy these requirements specifically through part 75 monitoring requirements. Instead, these revisions would allow large non-EGUs that follow the application process described above to monitor and report their NOX mass emissions for each ozone season using alternative monitoring requirements. In EPA’s March 8, 2019, rulemaking amending the NOX SIP Call’s monitoring requirements at 40 CFR 51.121(i)(4), EPA observed that, under 40 CFR 51.121(i), the principal criterion for approval of monitoring and reporting requirements for purposes of the NOX SIP Call following the amendments would be that the requirements must be sufficient to determine whether sources are in compliance with the control measures adopted to achieve the required emissions reductions.5 EPA noted that for purposes of demonstrating the sufficiency of the monitoring and reporting requirements, a state generally would be able to cite the same types of data (e.g., data indicating substantial compliance margins) that EPA cited to support finalizing the amendments to the NOX SIP Call regulations.6 In addition, EPA pointed out the need to consider whether the regulation contains provisions to avoid gaps in required monitoring and whether any monitoring approach that uses emissions factors is designed to avoid any bias toward understatement of emissions.7 In Ohio’s case, the relevant control measure is the collective cap of 4,028 tons of ozone seasons NOX emissions established for the set of existing and new non-EGUs in OAC rule 3745–14–01 paragraph (D). As noted above, for the 2018 ozone season, Ohio’s large nonEGUs subject to this cap reported 4 As EPA previously determined that the state adequately addressed the NOX SIP Call requirement that states include enforceable control measures for ozone season NOX mass emissions from existing and new large EGUs and large non-EGUs, EPA is not reopening for comment the determination made in our September 17, 2019, action. 5 See 84 FR at 8428–29. 6 Id. n.30. 7 Id. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 collective NOX emissions of 543 tons, indicating a compliance margin of more than six times recent emissions levels. While the alternative monitoring requirements available under Ohio’s regulation would not provide the same degree of detailed reporting or quality assurance as part 75 monitoring data, and may therefore be more likely to overstate or understate actual emissions to some degree, there is nothing in Ohio’s regulation that suggests the data obtained using the alternative monitoring methodologies would be biased toward understatement of emissions. The regulation expressly requires the use of the best available data, it calls for consideration of both historical CEMS data and stack test results when establishing sourcespecific emission factors, it requires periodic stack testing to verify the continued representativeness of the approved emission factors, and it includes provisions to address cases where an emission factor is found to no longer be representative. Further, the regulation requires procedures to account for emissions during periods of missing or inaccurate data and procedures to avoid data gaps during the transition from 40 CFR part 75 monitoring to alternative monitoring. Given the substantial compliance margin in this instance, EPA believes that the data monitored and reported under Ohio’s alternative monitoring requirements would be sufficient to determine whether the state’s large nonEGUs are in compliance with their collective emissions cap. EPA proposes to find that, as revised, OAC rules 3745–14–01, 3745–14–04 and 3745–14–08 meet the state’s ongoing obligations under the NOX SIP Call with respect to existing and new large non-EGUs. Specifically, we propose to find that the revised rules meet the requirement under 40 CFR 51.121(f)(2) for enforceable limits on the units’ collective emissions of ozone season NOX mass emissions and the requirement under 40 CFR 51.121(i)(1) for monitoring sufficient to ensure compliance with those limits. The state’s EGUs are currently complying with their analogous NOX SIP Call requirements through participation in the CSAPR Update trading program for ozone season NOX. EPA is proposing to find that Ohio EPA’s revisions at OAC Chapter 3745– 14 are consistent with applicable requirements under the CAA and the NOX SIP Call, and EPA is therefore proposing to approve these changes into the Ohio SIP. E:\FR\FM\04NOP1.SGM 04NOP1 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Proposed Rules B. Section 110(l) Demonstration In this action, EPA is proposing to approve Ohio’s request to approve updated rules related to the NOX SIP Call into its SIP. Ohio EPA’s submission includes a noninterference demonstration intended to show that its SIP revision is approvable under Section 110(l) of the CAA; such a demonstration is sometimes called an anti-backsliding demonstration. Section 110(l) provides that EPA cannot approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment or reasonable further progress (RFP), or any other applicable requirement of the CAA. Additionally, section 110(l) makes clear that each SIP revision is subject to the requirements of section 110(l). As such, EPA will only approve a SIP revision that removes or modifies control measures in the SIP if the state has demonstrated that such removal or modification would not interfere with attainment and maintenance of the NAAQS, RFP, or any other applicable requirement of the CAA. EPA generally considers whether the SIP revision would worsen, preserve, or improve the status quo in air quality. For the reasons explained below, we find that EPA’s proposed action to update the provisions relating to the NOX SIP Call satisfies the requirements of CAA section 110(l). As explained above, this action would not alter the NOX SIP Call emission budgets that limit emissions in the state. The alternate monitoring requirements at OAC Chapter 3745–14 are permanent, enforceable and sufficient to determine whether Ohio’s sources are in compliance with the control measures adopted to meet the NOX SIP Call’s emissions requirements. Given continued implementation of SIP requirements governing the unchanged amounts of allowable emissions, accompanied by replacement monitoring requirements sufficient to ensure compliance with the unchanged emissions requirements, this SIP revision is not expected to result in increases in emissions that could interfere with other statutory or regulatory requirements. Importantly, the substitute measure ensures compliance with the existing NOX SIP Call budgets and thus will preserve the status quo in air quality. For these reasons, we conclude that the revisions will not interfere with attainment and maintenance of the NAAQS, RFP, or any other applicable requirement of the CAA. For the reasons explained above, EPA is proposing to approve Ohio EPA’s SIP VerDate Sep<11>2014 17:22 Nov 01, 2019 Jkt 250001 submission under section 110(l) of the CAA. III. What action is EPA taking? EPA is proposing to approve Ohio EPA’s request to modify its SIP to include the revisions at OAC Chapter 3745–14. IV. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference OAC rules 3745–14–01, 3745–14–04, and 3745–14–08, with a state-effective date of August 22, 2019. 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 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 59331 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: October 17, 2019. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2019–23704 Filed 11–1–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0528; FRL–10001– 68–Region 9] Air Plan Approval; California; Northern Sierra Air Quality Management District; Reasonably Available Control Technology Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD or ‘‘District’’) portion of the California SUMMARY: E:\FR\FM\04NOP1.SGM 04NOP1

Agencies

[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Proposed Rules]
[Pages 59327-59331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23704]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0522; FRL-10001-07-Region 5]


Air Plan Approval; Ohio; Revisions to NOX SIP Call Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve under the Clean Air Act (CAA) a request from the Ohio 
Environmental Protection Agency (Ohio EPA) to revise the Ohio State 
Implementation Plan (SIP) to incorporate revisions to Ohio 
Administrative Code (OAC) Chapter 3745-14 regarding the Nitrogen Oxides 
(NOX) SIP Call. This SIP revision would approve alternative 
monitoring requirements for certain covered sources.

DATES: Comments must be received on or before December 4, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0522 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: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[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. What is the background of this SIP submission?
II. What is EPA's analysis of this SIP submission?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    Under CAA section 110(a)(2)(D)(i)(I), called the good neighbor 
provision, states are required to address interstate transport of air 
pollution. Specifically, the good neighbor provision provides that each 
state's SIP must contain provisions prohibiting emissions from within 
that state from contributing significantly to nonattainment of the 
National Ambient Air Quality Standards (NAAQS), or interfering with 
maintenance of the NAAQS, in any other state.
    On October 27, 1998, EPA published the NOX SIP Call, 
which required eastern states, including Ohio, to submit SIPs that 
prohibit excessive emissions of ozone season NOX by 
implementing statewide emissions budgets (63 FR 57356). The 
NOX SIP Call addressed the

[[Page 59328]]

good neighbor provision for the 1979 ozone NAAQS and was designed to 
mitigate the impact of transported NOX emissions, one of the 
precursors of ozone. EPA developed the NOX Budget Trading 
Program, an allowance trading program that states could adopt to meet 
their obligations under the NOX SIP Call. This trading 
program allowed certain sources to participate in a regional cap and 
trade program: Electric Generating Units (EGUs) with capacity greater 
than 25 megawatts; and large non-EGUs, such as boilers and turbines, 
with a rated heat input greater than 250 million British thermal units 
per hour (MMBtu/hr). The NOX SIP Call also identified 
potential reductions from Portland cement kilns and stationary internal 
combustion engines.
    In fulfillment of the requirements of the NOX SIP Call, 
Ohio EPA promulgated OAC Chapter 3745-14 which, among other things, 
required EGUs and large non-EGUs in the state to participate in the 
NOX Budget Trading Program. On August 5, 2003, EPA published 
an action approving this initial version of OAC Chapter 3745-14 into 
the Ohio SIP (68 FR 46089).
    On May 12, 2005, EPA published the Clean Air Interstate Rule 
(CAIR), which required eastern states, including Ohio, to submit SIPs 
that prohibited emissions consistent with annual and ozone season 
NOX budgets and annual sulfur dioxide (SO2) 
budgets (70 FR 25152). CAIR addressed the good neighbor provision for 
the 1997 ozone NAAQS and 1997 fine particulate matter 
(PM2.5) NAAQS and was designed to mitigate the impact of 
transported NOX emissions, a precursor of ozone as well as 
PM2.5, as well as transported SO2 emissions, 
another precursor of PM2.5. Like the NOX SIP 
Call, CAIR also established several trading programs that states could 
use as mechanisms to comply with the budgets. When the CAIR trading 
program for ozone season NOX was implemented beginning in 
2009, EPA discontinued administration of the NOX Budget 
Trading Program, but the requirements of the NOX SIP Call 
continued to apply.
    To meet the requirements of CAIR, Ohio EPA promulgated OAC Chapter 
3745-109, which required EGUs to participate in the CAIR annual 
SO2 and annual and ozone season NOX trading 
programs. Participation by EGUs in the CAIR trading program for ozone 
season NOX addressed the state's obligation under the 
NOX SIP Call for those units. Ohio EPA also opted to 
incorporate large non-EGUs previously regulated under OAC Chapter 3745-
14 into OAC Chapter 3745-109, to meet the obligations of the 
NOX SIP Call with respect to those units through the CAIR 
trading program as well. On September 25, 2009, EPA published an action 
approving OAC Chapter 3745-109 into the Ohio SIP (74 FR 48857).
    The United States Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately 
remanded the rule to EPA without vacatur to preserve the environmental 
benefits provided by CAIR. North Carolina v. EPA, 531 F.3d 896, 
modified, 550 F.3d 1176 (D.C. Cir. 2008). The ruling allowed CAIR to 
remain in effect temporarily until a replacement rule consistent with 
the court's opinion was developed. While EPA worked on developing a 
replacement rule, the CAIR program continued as planned with the 
NOX annual and ozone season programs beginning in 2009 and 
the SO2 annual program beginning in 2010.
    On August 8, 2011, acting on the D.C. Circuit's remand, EPA 
published the Cross-State Air Pollution Rule (CSAPR) to replace CAIR 
and to address the good neighbor provision for the 1997 ozone NAAQS, 
the 1997 PM2.5 NAAQS, and the 2006 PM2.5 NAAQS 
(76 FR 48208). Through Federal Implementation Plans (FIPs), CSAPR 
required EGUs in eastern states, including Ohio, to meet annual and 
ozone season NOX budgets and annual SO2 budgets 
implemented through new trading programs. CSAPR also contained 
provisions that would sunset CAIR-related obligations on a schedule 
coordinated with the implementation of the CSAPR compliance 
requirements. Participation by a state's EGUs in the CSAPR trading 
program for ozone season NOX generally addressed the state's 
obligation under the NOX SIP Call for EGUs. However, CSAPR 
did not initially contain provisions allowing states to incorporate 
large non-EGUs into that trading program to meet the requirements of 
the NOX SIP Call for non-EGUs.
    CSAPR was intended to become effective January 1, 2012; however, 
the timing of CSAPR's implementation was impacted by subsequent 
litigation in which the D.C. Circuit stayed implementation of the rule 
pending judicial review. After subsequent litigation,\1\ the court 
granted EPA's motion to lift the stay \2\ and, on December 3, 2014, EPA 
issued an interim final rule, setting the updated effective date of 
CSAPR as January 1, 2015 (79 FR 71663). In accordance with the interim 
final rule, EPA stopped administering the CAIR trading programs with 
respect to emissions occurring after December 31, 2014, and EPA began 
implementing CSAPR on January 1, 2015.\3\
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    \1\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 31 (D.C. 
Cir. 2012) (EME Homer City I) (vacating and remanding CSAPR); EPA v. 
EME Homer City Generation, L.P., 572 U.S. 489 (2014) (reversing the 
D.C. Circuit decision and remanding for further proceedings).
    \2\ The D.C. Circuit subsequently issued its decision on remand 
from the Supreme Court, largely affirming CSAPR but remanding 
certain states budgets to EPA for reconsideration. EME Homer City 
Generation, L.P., v. EPA, 795 F.3d 118 (EME Homer City II).
    \3\ EPA solicited comment on the interim final rule and 
subsequently issued a final rule affirming the amended compliance 
schedule after consideration of comments received. 81 FR 13275 
(March 14, 2016).
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    On October 26, 2016, EPA published the CSAPR Update, which 
established a new ozone season NOX trading program for EGUs 
in eastern states, including Ohio, to address the good neighbor 
provision for the 2008 ozone NAAQS (81 FR 74504). As under CSAPR, 
participation by a state's EGUs in the new CSAPR trading program for 
ozone season NOX generally addressed the state's obligation 
under the NOX SIP Call for EGUs. The CSAPR Update also 
expanded options available to states for meeting NOX SIP 
Call requirements for large non-EGUs by allowing states to incorporate 
those units into the new trading program.
    After evaluating the various options available following the CSAPR 
Update, Ohio EPA chose to meet the ongoing NOX SIP Call 
requirements for existing and new large non-EGUs by modifying its 
existing regulations at OAC Chapter 3745-14 to make the portion of the 
budget assigned to large non-EGUs under that program enforceable 
without an allowance trading mechanism. Ohio also rescinded its CAIR 
trading program rules in OAC Chapter 3745-109 in full. On September 17, 
2019, EPA published an action approving Ohio EPA's request to modify 
its SIP to include the revisions at OAC Chapter 3745-14 and to remove 
OAC Chapter 3745-109 (84 FR 48789).
    Under 40 CFR 51.121(i)(4) of the NOX SIP Call 
regulations as originally promulgated, where a state's SIP contains 
control measures for EGUs and large non-EGUs, the SIP must also require 
these sources to monitor emissions according to the provisions of 40 
CFR part 75, which generally entails the use of continuous emission 
monitoring systems (CEMS). Ohio triggered this requirement by including 
control measures in their SIP for these types of sources, and the 
requirement has remained in effect despite the discontinuation of the 
NOX Budget Trading Program after the 2008 ozone season. On 
March 8, 2019, EPA

[[Page 59329]]

finalized updates to the provision at 40 CFR 51.121(i)(4) to make the 
inclusion of 40 CFR part 75 monitoring requirements for these sources 
in SIPs optional rather than mandatory for NOX SIP Call 
purposes (84 FR 8422). Under the updated provision, a state's SIP would 
still need to include some form of emissions monitoring requirements 
for these types of sources, consistent with the NOX SIP 
Call's general enforceability and monitoring requirements at Sec.  
[thinsp]51.121(f)(1) and (i)(1), respectively, but states would no 
longer be required to satisfy these general NOX SIP Call 
requirements specifically through the adoption of 40 CFR part 75 
monitoring requirements.
    After evaluating the various options available following EPA's 
March 8, 2019, amendments to the NOX SIP Call regulations, 
Ohio EPA chose to further revise its rules at OAC Chapter 3745-14 to 
include alternate monitoring requirements for certain covered sources. 
These revisions provide a process by which the designated 
representative for certain NOX budget units may submit to 
the Ohio EPA director an application for an installation or operating 
permit requesting alternative monitoring and reporting requirements, 
either in the form of 40 CFR part 60 monitoring or in the form of 
monitoring of heat input and fuel use combined with use of an approved 
emission factor.

II. What is EPA's analysis of this SIP submission?

    Ohio's August 26, 2019, submission requests that EPA update Ohio's 
SIP to reflect the revised rules at OAC Chapter 3745-14. Additionally, 
this submission includes a demonstration under Section 110(l) of the 
CAA intended to show that this SIP revision does not interfere with any 
applicable CAA requirement.

A. Revised State Rules

    Given EPA's revision to the NOX SIP Call's emissions 
monitoring requirements, Ohio updated its NOX SIP Call rules 
at OAC Chapter 3745-14 to establish emissions monitoring requirements 
for certain units other than requirements to monitor according to 40 
CFR part 75. Specifically, Ohio adopted revisions to OAC rules 3745-14-
01, 3745-14-04, and 3745-14-08 with a state-effective date of August 
22, 2019. Ohio's August 26, 2019, submission includes a request that 
EPA approve these updated rules into its SIP.
    The state regulations addressing the NOX SIP Call are 
established at OAC rules 3745-14-01, 3745-14-03, 3745-14-04, 3745-14-
08, 3745-14-11, and 3745-14-12. On September 17, 2019, EPA approved 
revisions to OAC rule 3745-14-03 concerning NOX budget 
permit requirements, and Ohio has not further amended OAC rule 3745-14-
03 subsequent to EPA's approval (84 FR 48789). Ohio has also retained 
OAC rules 3745-14-11 and 3745-14-12 regarding cement kilns and 
stationary internal combustion engines outside the former trading 
program. EPA's September 17, 2019, rulemaking also included approval of 
revisions to OAC rules 3745-14-01, 3745-14-04, and 3745-14-08 
pertaining to applicability, the statewide emissions budgets for EGUs 
and large non-EGUs, and monitoring and reporting under the former 
trading program. Subsequent to the revisions approved in EPA's 
September 17, 2019, rulemaking, Ohio further revised OAC rules 3745-14-
01, 3745-14-04, and 3745-14-08 to establish alternative monitoring 
requirements for certain sources, and Ohio's August 26, 2019 submission 
requests that EPA approve these further revised rules into its SIP.
    Specifically, a new provision at OAC rule 3745-14-08 paragraph (H) 
provides that the Ohio EPA director may approve alternative monitoring 
and reporting requirements in lieu of the existing requirements at OAC 
rule 3745-14-08 paragraphs (A) through (G). These alternative 
requirements shall be based on the best available data, provide for 
reporting the nature and amount of emissions of a NOX budget 
unit, and shall be sufficient to determine compliance with the 
requirements of OAC Chapter 3745-14. Per OAC rule 3745-14-01 paragraph 
(C) as approved into Ohio's SIP in EPA's September 17, 2019, 
rulemaking, the monitoring requirements at OAC rule 3745-14-08 apply 
only to units that would have been subject to the former NOX 
Budget Trading Program and that are not subject to a CSAPR trading 
program for NOX emissions pursuant to 40 CFR 52.38, and the 
revised provisions authorizing alternative monitoring requirements 
therefore would also apply only to units that are not subject to a 
CSAPR trading program for NOX emissions.
    The alternative requirements may take one of two forms: Either 
monitoring and reporting in accordance with 40 CFR part 60, combined 
with a methodology for determining NOX mass emissions from 
40 CFR part 60 NOX emission rate data, or monitoring of heat 
input and fuel use combined with use of an approved emission factor for 
current operating conditions.
    A request under OAC rule 3745-14-08 paragraph (H) for alternative 
monitoring and reporting requirements must be made by the designated 
representative of a NOX budget unit via application for an 
installation or operating permit. The request must specify which of the 
two forms is requested. If 40 CFR part 60 monitoring is requested, the 
application must describe how the amount of NOX emissions in 
tons will be determined from the 40 CFR part 60 NOX emission 
rate data. If monitoring of heat input and fuel use combined with use 
of an approved emission factor is requested, then the request must 
include an analysis evaluating potential emission factors for each fuel 
type. The analysis of potential emission factors must include an 
analysis of any historical CEMS data representative of current 
operating conditions as well as the results of a valid stack test 
conducted within the two years preceding the application, if available. 
The application must also describe how monitoring data will be 
obtained, recorded, and quality-assured and how NOX 
emissions will be accounted for during periods of missing or inaccurate 
data.
    If alternative monitoring and reporting is requested to begin 
within a control period, the application must include a description of 
the transition process ensuring there will not be gaps in data 
monitoring and reporting.
    The alternative monitoring and reporting requirements must be 
approved, prior to use, in the applicable installation or operating 
permit. By April 15 of each year, a report must be made to the Ohio EPA 
director of actual NOX emissions for the previous control 
period, as determined using the approved alternative monitoring 
procedures. Records must be maintained in accordance with the terms and 
condition in the installation or operating permit and shall be made 
available to the Ohio EPA director.
    Units using approved emissions factors must conduct stack testing 
according to an approved test method at least once every five years to 
demonstrate that the approved emission factors continue to be 
representative. If an initial application did not include stack test 
data, an initial stack test must be conducted within 90 days of permit 
issuance. The results of each stack test must be submitted to Ohio EPA 
within 30 days of the test. Based on the results of any stack test, 
Ohio EPA may require submission of a new application to establish more 
representative emission factors.
    Ohio's revisions provide that the rule does not authorize 
exemptions or alternatives to any 40 CFR part 75 monitoring 
requirements that might apply to a source under a different legal

[[Page 59330]]

authority. The revised rule further states that Ohio EPA will transmit 
annually to EPA a report of NOX emissions reported under OAC 
rule 3745-14-08 paragraph (H), in accordance with the requirements of 
40 CFR 51.122(c)(1)(i).
    Given the addition of paragraph (H) to OAC rule 3745-14-08, Ohio's 
revisions also include changes throughout the remainder of OAC rule 
3745-14-08 which clarify that sources not adopting approved alternative 
monitoring and reporting requirements are only subject to the 
requirements of paragraphs (A) through (G). In OAC rule 3745-14-01, 
Ohio's revisions clarify references to the revised OAC rule 3745-14-08, 
and additionally provide updated definitions regarding emissions and 
emission factors. Ohio's revisions to OAC rule 3745-14-04 provide for a 
compliance certification process for sources subject to approved 
alternative monitoring and reporting requirements.
    EPA proposes to find that Ohio's revisions to OAC rules 3745-14-01, 
3745-14-04, and 3745-14-08 are consistent with Ohio's obligation to 
demonstrate continued compliance with NOX SIP Call 
requirements for large non-EGUs. Under the ongoing requirements of the 
NOX SIP Call, the Ohio SIP must: (1) Include enforceable 
control measures for ozone season NOX mass emissions from 
existing and new large EGUs and large non-EGUs and (2) require those 
sources to monitor and report ozone season NOX emissions. 
The emissions monitoring and reporting requirements must be sufficient 
to ensure compliance with the control measures but there is no 
mandatory specific methodology; use of 40 CFR part 75 is allowed but 
not required. See 40 CFR 51.121(f)(2) and (i).
    With respect to the NOX SIP Call requirement that the 
state have enforceable control measures to limit ozone season 
NOX, Ohio is currently subject to the Federal CSAPR Update 
trading program for ozone season NOX that addresses these 
requirements for existing and new EGUs. Because Ohio's non-EGUs are not 
subject to that CSAPR trading program, the state must meet this 
requirement for non-EGUs through other SIP provisions. In our September 
17, 2019, action, EPA previously approved provisions at OAC rule 3745-
14-01 intended to satisfy this requirement for non-EGUs that prohibit 
ozone season NOX emissions from existing and new large non-
EGUs from exceeding 4,028 tons, the portion of the state's 
NOX SIP Call budget assigned to large non-EGUs. Ohio's 
revisions do not substantively alter the existing provisions at OAC 
rule 3745-14-01 that address the requirement for enforceable control 
measures for non-EGUs.\4\ Emissions reported to EPA from the state's 
large non-EGUs for the 2018 ozone season were 543 tons, well below this 
limit.
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    \4\ As EPA previously determined that the state adequately 
addressed the NOX SIP Call requirement that states 
include enforceable control measures for ozone season NOX 
mass emissions from existing and new large EGUs and large non-EGUs, 
EPA is not reopening for comment the determination made in our 
September 17, 2019, action.
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    As to the requirement for sources to monitor and report ozone 
season NOX emissions under the NOX SIP Call, 
these SIP revisions would continue to require emissions monitoring from 
all covered sources, consistent with the NOX SIP Call's 
enforceability and monitoring requirements, but certain NOX 
budget units would no longer be required to satisfy these requirements 
specifically through part 75 monitoring requirements. Instead, these 
revisions would allow large non-EGUs that follow the application 
process described above to monitor and report their NOX mass 
emissions for each ozone season using alternative monitoring 
requirements.
    In EPA's March 8, 2019, rulemaking amending the NOX SIP 
Call's monitoring requirements at 40 CFR 51.121(i)(4), EPA observed 
that, under 40 CFR 51.121(i), the principal criterion for approval of 
monitoring and reporting requirements for purposes of the 
NOX SIP Call following the amendments would be that the 
requirements must be sufficient to determine whether sources are in 
compliance with the control measures adopted to achieve the required 
emissions reductions.\5\ EPA noted that for purposes of demonstrating 
the sufficiency of the monitoring and reporting requirements, a state 
generally would be able to cite the same types of data (e.g., data 
indicating substantial compliance margins) that EPA cited to support 
finalizing the amendments to the NOX SIP Call 
regulations.\6\ In addition, EPA pointed out the need to consider 
whether the regulation contains provisions to avoid gaps in required 
monitoring and whether any monitoring approach that uses emissions 
factors is designed to avoid any bias toward understatement of 
emissions.\7\
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    \5\ See 84 FR at 8428-29.
    \6\ Id. n.30.
    \7\ Id.
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    In Ohio's case, the relevant control measure is the collective cap 
of 4,028 tons of ozone seasons NOX emissions established for 
the set of existing and new non-EGUs in OAC rule 3745-14-01 paragraph 
(D). As noted above, for the 2018 ozone season, Ohio's large non-EGUs 
subject to this cap reported collective NOX emissions of 543 
tons, indicating a compliance margin of more than six times recent 
emissions levels.
    While the alternative monitoring requirements available under 
Ohio's regulation would not provide the same degree of detailed 
reporting or quality assurance as part 75 monitoring data, and may 
therefore be more likely to overstate or understate actual emissions to 
some degree, there is nothing in Ohio's regulation that suggests the 
data obtained using the alternative monitoring methodologies would be 
biased toward understatement of emissions. The regulation expressly 
requires the use of the best available data, it calls for consideration 
of both historical CEMS data and stack test results when establishing 
source-specific emission factors, it requires periodic stack testing to 
verify the continued representativeness of the approved emission 
factors, and it includes provisions to address cases where an emission 
factor is found to no longer be representative. Further, the regulation 
requires procedures to account for emissions during periods of missing 
or inaccurate data and procedures to avoid data gaps during the 
transition from 40 CFR part 75 monitoring to alternative monitoring. 
Given the substantial compliance margin in this instance, EPA believes 
that the data monitored and reported under Ohio's alternative 
monitoring requirements would be sufficient to determine whether the 
state's large non-EGUs are in compliance with their collective 
emissions cap.
    EPA proposes to find that, as revised, OAC rules 3745-14-01, 3745-
14-04 and 3745-14-08 meet the state's ongoing obligations under the 
NOX SIP Call with respect to existing and new large non-
EGUs. Specifically, we propose to find that the revised rules meet the 
requirement under 40 CFR 51.121(f)(2) for enforceable limits on the 
units' collective emissions of ozone season NOX mass 
emissions and the requirement under 40 CFR 51.121(i)(1) for monitoring 
sufficient to ensure compliance with those limits. The state's EGUs are 
currently complying with their analogous NOX SIP Call 
requirements through participation in the CSAPR Update trading program 
for ozone season NOX.
    EPA is proposing to find that Ohio EPA's revisions at OAC Chapter 
3745-14 are consistent with applicable requirements under the CAA and 
the NOX SIP Call, and EPA is therefore proposing to approve 
these changes into the Ohio SIP.

[[Page 59331]]

B. Section 110(l) Demonstration

    In this action, EPA is proposing to approve Ohio's request to 
approve updated rules related to the NOX SIP Call into its 
SIP. Ohio EPA's submission includes a noninterference demonstration 
intended to show that its SIP revision is approvable under Section 
110(l) of the CAA; such a demonstration is sometimes called an anti-
backsliding demonstration. Section 110(l) provides that EPA cannot 
approve a SIP revision if the revision would interfere with any 
applicable requirement concerning attainment or reasonable further 
progress (RFP), or any other applicable requirement of the CAA. 
Additionally, section 110(l) makes clear that each SIP revision is 
subject to the requirements of section 110(l). As such, EPA will only 
approve a SIP revision that removes or modifies control measures in the 
SIP if the state has demonstrated that such removal or modification 
would not interfere with attainment and maintenance of the NAAQS, RFP, 
or any other applicable requirement of the CAA. EPA generally considers 
whether the SIP revision would worsen, preserve, or improve the status 
quo in air quality.
    For the reasons explained below, we find that EPA's proposed action 
to update the provisions relating to the NOX SIP Call 
satisfies the requirements of CAA section 110(l). As explained above, 
this action would not alter the NOX SIP Call emission 
budgets that limit emissions in the state. The alternate monitoring 
requirements at OAC Chapter 3745-14 are permanent, enforceable and 
sufficient to determine whether Ohio's sources are in compliance with 
the control measures adopted to meet the NOX SIP Call's 
emissions requirements. Given continued implementation of SIP 
requirements governing the unchanged amounts of allowable emissions, 
accompanied by replacement monitoring requirements sufficient to ensure 
compliance with the unchanged emissions requirements, this SIP revision 
is not expected to result in increases in emissions that could 
interfere with other statutory or regulatory requirements. Importantly, 
the substitute measure ensures compliance with the existing 
NOX SIP Call budgets and thus will preserve the status quo 
in air quality. For these reasons, we conclude that the revisions will 
not interfere with attainment and maintenance of the NAAQS, RFP, or any 
other applicable requirement of the CAA.
    For the reasons explained above, EPA is proposing to approve Ohio 
EPA's SIP submission under section 110(l) of the CAA.

III. What action is EPA taking?

    EPA is proposing to approve Ohio EPA's request to modify its SIP to 
include the revisions at OAC Chapter 3745-14.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference OAC rules 3745-14-01, 3745-14-04, and 3745-14-08, with a 
state-effective date of August 22, 2019. 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 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 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: October 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-23704 Filed 11-1-19; 8:45 am]
 BILLING CODE 6560-50-P
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