Air Plan Approval; Ohio; Prevention of Significant Deterioration Greenhouse Gas Tailoring Rule, 8406-8408 [2020-02267]
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8406
Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 14, 2020.
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, Nitrogen dioxide, Ozone,
Particulate matter, Volatile organic
compounds.
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c)(122) to read as
follows:
■
Identification of plan.
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(c) * * *
(122) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on June 15,
2015.
(i) [Reserved]
(ii) Additional materials. (A) The
Connecticut Department of Energy and
Environmental Protection document,
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[FR Doc. 2020–02011 Filed 2–13–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0990; FRL–10005–
04–Region 5]
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), a revision to
Ohio’s State Implementation Plan (SIP)
as requested by the Ohio Environmental
Protection Agency (OEPA) on March 30,
2011, and amended on August 22, 2019
and December 10, 2019. The revision to
Ohio’s SIP modifies Ohio’s Prevention
of Significant Deterioration (PSD)
program to establish emission
thresholds for determining when
stationary source projects are potentially
subject to Ohio’s PSD permitting
requirements for greenhouse gas (GHG)
emissions. Consistent with Ohio’s
requests, EPA is taking no action on
paragraphs (B), (C), and (D) of Ohio’s
GHG rule.
DATES: This final rule is effective on
March 16, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0990. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
SUMMARY:
■
17:46 Feb 13, 2020
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(d) The Connecticut Department of
Energy and Environmental Protection
submitted the following infrastructure
SIP on this date: 2008 ozone NAAQS—
June 15, 2015 (CAA section
110(a)(2)(D)(i)(I) transport provisions).
This infrastructure SIP is approved.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
VerDate Sep<11>2014
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AGENCY:
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
*
§ 52.386 Section 110(a)(2) infrastructure
requirements.
Air Plan Approval; Ohio; Prevention of
Significant Deterioration Greenhouse
Gas Tailoring Rule
Dated: January 29, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
§ 52.370
‘‘Demonstration that Connecticut
Complies with the Good Neighbor
Requirements of Clean Air Act Section
110(a)(2)(D)(i)(I) for the 2008 Ozone
National Ambient Air Quality
Standard’’ Final, June 11, 2015.
(B) [Reserved]
■ 3. Section 52.386 is amended by
adding paragraph (d) to read as follows:
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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 Richard
Angelbeck, Environmental Scientist, at
(312) 886–9698 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Richard Angelbeck, Environmental
Scientist, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9698,
angelbeck.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On November 18, 2019, EPA proposed
to approve a revision to Ohio’s PSD
rules contained in Ohio Administrative
Code (OAC) 3745–31 to include Ohio’s
3745–31–34 GHG rule. See 84 FR 63601,
November 18, 2019. An explanation of
the CAA requirements, a detailed
analysis of the proposed revision, and
EPA’s reasons for proposing approval
were provided in the notice of proposed
rulemaking (NPRM), and will not be
restated here. The public comment
period for this proposed rule ended on
December 18, 2019. EPA received four
comments on the proposal.
II. Response to Comments
During the comment period, EPA
received four comments on the
November 18, 2019 NPRM. None of the
four comments were adverse to the
proposed action.
The first comment was anonymous
and was in support of the proposed
approval of Ohio’s GHG rule, and also
asked why the rule was only being
implemented in Ohio. The second
comment was Ohio’s December 10, 2019
request that EPA not act on the OAC
3745–31–34(B) paragraph in the
submittal. The third comment was from
the Ohio Chemistry Technology
Council, the Ohio Chamber of
Commerce, and the Ohio Manufacturers’
Association and was in support of
Ohio’s December 10, 2019 request that
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EPA not act on paragraph (B) of Ohio’s
OAC 3745–31–34 GHG rule. The last
comment was anonymous and not
germane or relevant to this action
because it lacks the required specificity
to the proposed SIP revision and
relevant requirements of CAA section
110(l). Moreover, the comment does not
recommend a different action on the SIP
submission from what EPA proposed.
All of the comments received are
included in the docket for this action. A
summary of the comments and EPA’s
responses are provided below.
Comment 1: The anonymous
commenter was in support of the
proposed approval of Ohio’s GHG rule,
but also asked why this GHG rule was
only being implemented in Ohio seeing
that there are plenty of other states with
stationary source projects.
Response 1: OEPA is the air
permitting authority for the State of
Ohio and can only regulate emissions
from permitted sources in Ohio. Other
states have developed GHG rules to
regulate GHG emissions from their own
respective state.
Comment 2: On December 10, 2019,
Ohio submitted a comment on the
proposed approval of their GHG rule.
This comment requested that EPA not
act on OAC 3745–31–34(B), thus, this
request amends the March 30, 2011 SIP
revision submittal. Ohio is considering
changes to OAC 3745–31–34(B), (C), and
(D), as well as the OAC 3745–77–11
GHG title V rule, thus, requested that
EPA not act on those sections.
Response 2: EPA will grant Ohio’s
request to not act on paragraph (B) of
their OAC 3745–31–34 GHG rule.
Paragraph (B) is the portion of Ohio’s
submittal that would have allowed GHG
sources with actual emissions of GHGs
less than 100,000 tons per year (tpy) to
have their potential to emit of GHGs be
considered to be less than the 100,000
tpy GHG threshold if they submitted a
permit application prior to July 1, 2011.
EPA agrees that paragraph (B) is not
needed in the Ohio SIP because it is
moot due to the fact that Ohio doesn’t
have any pending permit applications
for which might be affected by this rule
section which dealt with permit
applications submitted prior to July 1,
2011.
Comment 3: The Ohio Chemistry
Technology Council, the Ohio Chamber
of Commerce and the Ohio
Manufacturers’ Association expressed
support of Ohio’s request (see comment
2 above) for EPA to not act on OAC
3744–31–34(B). They explained their
concern that paragraph (B) is mooted by
time because Ohio doesn’t have any
pending permit applications prior to
July 1, 2011, and that paragraph (B)
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17:46 Feb 13, 2020
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deals with GHG Tailoring Rule Step 2
sources which are no longer regulated
by EPA. The comment further states that
approval of paragraph (B) would serve
no purpose and would only create
confusion over the proper mechanisms
for avoiding GHG PSD requirements for
sources covered by GHG Tailoring Rule
Step 1 sources.
Response 3: EPA agrees with the
commenter and will not act on OAC
3745–31–34(B).
III. Final Action
EPA is approving Ohio’s March 30,
2011 SIP submittal, as amended on
August 22, 2019 and December 10,
2019, relating to PSD requirements for
GHG-emitting sources in OAC 3745–31–
34. Specifically, Ohio’s SIP revision
establishes appropriate emissions
thresholds for determining PSD
applicability for new and modified
GHG-emitting sources in accordance
with EPA’s GHG Tailoring Rule and the
2014 Utility Air Regulatory Group
(UARG) v. EPA, 134 S. Ct. 2427
decision. Per Ohio’s August 22, 2019
and December 10, 2019 amended SIP
requests, EPA is not acting on OAC
3745—31–34(B), (C), and (D), or OAC
3745–77–11, which is Ohio’s GHG title
V rule. In the November 18, 2019
NPRM, EPA proposed to approve OAC
3745–31–34(B), but EPA is not acting on
that paragraph due to Ohio’s December
10, 2019 request.
As a result of EPA’s approval of
Ohio’s changes to its air quality
regulations to incorporate the
appropriate thresholds for GHG
permitting applicability into Ohio’s SIP,
paragraph (b) in 40 CFR 52.1873, as
included in EPA’s PSD Narrowing Rule,
is no longer necessary. In this final
action, EPA is also amending 40 CFR
52.1873 to remove this unnecessary
regulatory language.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
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8407
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
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
1 62
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations
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 April 14, 2020. 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).)
reference, Intergovernmental relations,
and Reporting and recordkeeping
requirements.
Dated: January 23, 2020.
Kurt A. Thiede,
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
(c) is amended by adding an entry in
numerical order under ‘‘Chapter 3745–
31 Permit-to Install New Sources and
Permit-to-Install and Operate Program’’
for ‘‘3745–31–34’’ to read as follows:
■
§ 52.1870
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(c) * * *
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EPA-APPROVED OHIO REGULATIONS
Ohio citation
*
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Chapter 3745–31
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3745–31–34 ...
*
§ 52.1873
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[FR Doc. 2020–02267 Filed 2–13–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R01–OAR–2020–0029; FRL–10005–
05–Region 1]
Air Plan Approval; New Hampshire;
Approval of a Single Source Order
Environmental Protection
Agency (EPA).
AGENCY:
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2/14/2020, [insert Federal Register citation].
*
Direct final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire. The revision approves a
single source order for PSI Molded
Plastics. The intended effect of this
action is to approve this item into the
New Hampshire SIP. This action is
being taken in accordance with the
Clean Air Act (CAA).
This direct final rule will be
effective April 14, 2020, unless EPA
receives adverse comments by March
16, 2020. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
DATES:
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*
*
*
Except for (B), (C)
and (D).
*
Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0029 at https://
www.regulations.gov, or via email to
mcconnell.robert@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
of submission, the 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
ADDRESSES:
SUMMARY:
3. Section 52.1873 is amended by
removing and reserving paragraph (b).
■
17:46 Feb 13, 2020
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3/31/2011
*
ACTION:
[Amended]
VerDate Sep<11>2014
*
Comments
Permit-to Install New Sources and Permit-to-Install and Operate Program
*
*
EPA approval date
*
*
*
Permits to install for major stationary
sources and major modifications of
sources emitting greenhouse gases.
*
*
Ohio
effective
date
Subject
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]]>Agencies
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8406-8408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0990; FRL-10005-04-Region 5]
Air Plan Approval; Ohio; Prevention of Significant Deterioration
Greenhouse Gas Tailoring Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a revision to Ohio's State Implementation Plan
(SIP) as requested by the Ohio Environmental Protection Agency (OEPA)
on March 30, 2011, and amended on August 22, 2019 and December 10,
2019. The revision to Ohio's SIP modifies Ohio's Prevention of
Significant Deterioration (PSD) program to establish emission
thresholds for determining when stationary source projects are
potentially subject to Ohio's PSD permitting requirements for
greenhouse gas (GHG) emissions. Consistent with Ohio's requests, EPA is
taking no action on paragraphs (B), (C), and (D) of Ohio's GHG rule.
DATES: This final rule is effective on March 16, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0990. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Richard Angelbeck, Environmental Scientist, at (312)
886-9698 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Richard Angelbeck, Environmental
Scientist, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-9698, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On November 18, 2019, EPA proposed to approve a revision to Ohio's
PSD rules contained in Ohio Administrative Code (OAC) 3745-31 to
include Ohio's 3745-31-34 GHG rule. See 84 FR 63601, November 18, 2019.
An explanation of the CAA requirements, a detailed analysis of the
proposed revision, and EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking (NPRM), and will not be
restated here. The public comment period for this proposed rule ended
on December 18, 2019. EPA received four comments on the proposal.
II. Response to Comments
During the comment period, EPA received four comments on the
November 18, 2019 NPRM. None of the four comments were adverse to the
proposed action.
The first comment was anonymous and was in support of the proposed
approval of Ohio's GHG rule, and also asked why the rule was only being
implemented in Ohio. The second comment was Ohio's December 10, 2019
request that EPA not act on the OAC 3745-31-34(B) paragraph in the
submittal. The third comment was from the Ohio Chemistry Technology
Council, the Ohio Chamber of Commerce, and the Ohio Manufacturers'
Association and was in support of Ohio's December 10, 2019 request that
[[Page 8407]]
EPA not act on paragraph (B) of Ohio's OAC 3745-31-34 GHG rule. The
last comment was anonymous and not germane or relevant to this action
because it lacks the required specificity to the proposed SIP revision
and relevant requirements of CAA section 110(l). Moreover, the comment
does not recommend a different action on the SIP submission from what
EPA proposed. All of the comments received are included in the docket
for this action. A summary of the comments and EPA's responses are
provided below.
Comment 1: The anonymous commenter was in support of the proposed
approval of Ohio's GHG rule, but also asked why this GHG rule was only
being implemented in Ohio seeing that there are plenty of other states
with stationary source projects.
Response 1: OEPA is the air permitting authority for the State of
Ohio and can only regulate emissions from permitted sources in Ohio.
Other states have developed GHG rules to regulate GHG emissions from
their own respective state.
Comment 2: On December 10, 2019, Ohio submitted a comment on the
proposed approval of their GHG rule. This comment requested that EPA
not act on OAC 3745-31-34(B), thus, this request amends the March 30,
2011 SIP revision submittal. Ohio is considering changes to OAC 3745-
31-34(B), (C), and (D), as well as the OAC 3745-77-11 GHG title V rule,
thus, requested that EPA not act on those sections.
Response 2: EPA will grant Ohio's request to not act on paragraph
(B) of their OAC 3745-31-34 GHG rule. Paragraph (B) is the portion of
Ohio's submittal that would have allowed GHG sources with actual
emissions of GHGs less than 100,000 tons per year (tpy) to have their
potential to emit of GHGs be considered to be less than the 100,000 tpy
GHG threshold if they submitted a permit application prior to July 1,
2011. EPA agrees that paragraph (B) is not needed in the Ohio SIP
because it is moot due to the fact that Ohio doesn't have any pending
permit applications for which might be affected by this rule section
which dealt with permit applications submitted prior to July 1, 2011.
Comment 3: The Ohio Chemistry Technology Council, the Ohio Chamber
of Commerce and the Ohio Manufacturers' Association expressed support
of Ohio's request (see comment 2 above) for EPA to not act on OAC 3744-
31-34(B). They explained their concern that paragraph (B) is mooted by
time because Ohio doesn't have any pending permit applications prior to
July 1, 2011, and that paragraph (B) deals with GHG Tailoring Rule Step
2 sources which are no longer regulated by EPA. The comment further
states that approval of paragraph (B) would serve no purpose and would
only create confusion over the proper mechanisms for avoiding GHG PSD
requirements for sources covered by GHG Tailoring Rule Step 1 sources.
Response 3: EPA agrees with the commenter and will not act on OAC
3745-31-34(B).
III. Final Action
EPA is approving Ohio's March 30, 2011 SIP submittal, as amended on
August 22, 2019 and December 10, 2019, relating to PSD requirements for
GHG-emitting sources in OAC 3745-31-34. Specifically, Ohio's SIP
revision establishes appropriate emissions thresholds for determining
PSD applicability for new and modified GHG-emitting sources in
accordance with EPA's GHG Tailoring Rule and the 2014 Utility Air
Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 decision. Per Ohio's
August 22, 2019 and December 10, 2019 amended SIP requests, EPA is not
acting on OAC 3745--31-34(B), (C), and (D), or OAC 3745-77-11, which is
Ohio's GHG title V rule. In the November 18, 2019 NPRM, EPA proposed to
approve OAC 3745-31-34(B), but EPA is not acting on that paragraph due
to Ohio's December 10, 2019 request.
As a result of EPA's approval of Ohio's changes to its air quality
regulations to incorporate the appropriate thresholds for GHG
permitting applicability into Ohio's SIP, paragraph (b) in 40 CFR
52.1873, as included in EPA's PSD Narrowing Rule, is no longer
necessary. In this final action, EPA is also amending 40 CFR 52.1873 to
remove this unnecessary regulatory language.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human
[[Page 8408]]
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 April 14, 2020. 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, and Reporting and recordkeeping
requirements.
Dated: January 23, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (c) is amended by adding an
entry in numerical order under ``Chapter 3745-31 Permit-to Install New
Sources and Permit-to-Install and Operate Program'' for ``3745-31-34''
to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved OHIO Regulations
----------------------------------------------------------------------------------------------------------------
Ohio effective
Ohio citation Subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
3745-31-34............... Permits to install for 3/31/2011 2/14/2020, [insert Except for (B), (C)
major stationary Federal Register and (D).
sources and major citation].
modifications of
sources emitting
greenhouse gases.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.1873 [Amended]
0
3. Section 52.1873 is amended by removing and reserving paragraph (b).
[FR Doc. 2020-02267 Filed 2-13-20; 8:45 am]
BILLING CODE 6560-50-P
