Air Plan Approval; Ohio; Base Year Emission Inventories and Emissions Statement Rule Certification for the 2015 Ozone Standard, 70554-70558 [2020-24487]
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70554
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
Services) or NAICS Code 485991
(Special Needs Transportation) will be
significant because we do not typically
pay for non-contract wheelchair or
stretcher van services. Because VA
estimates that over 99% of its payments
to vendors potentially covered within
NAICS Codes 621999 and 485991 are
made pursuant to a contract, less than
1% of small entities within these NAICS
Codes are estimated to be impacted by
this proposed rule. Therefore, pursuant
to 5 U.S.C. 605(b), the initial and final
regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.008—Veterans Domiciliary Care;
64.012—Veterans Prescription Service;
64.013—Veterans Prosthetic
Appliances; 64.014—Veterans State
Domiciliary Care; 64.015—Veterans
State Nursing Home Care; 64.026—
Veterans State Adult Day Health Care;
64.029—Purchase Care Program;
64.035—Veterans Transportation
Program; 64.040—VHA Inpatient
Medicine; 64.041—VHA Outpatient
Specialty Care; 64.042—VHA Inpatient
Surgery; 64.043—VHA Mental Health
Residential; 64.044—VHA Home Care;
64.045—VHA Outpatient Ancillary
Services; 64.046—VHA Inpatient
Psychiatry; 64.047—VHA Primary Care;
64.048—VHA Mental Health clinics;
64.049—VHA Community Living
Center; 64.050—VHA Diagnostic Care.
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List of Subjects in 38 CFR Part 70
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Foreign relations, Government
contracts, Grant programs—health,
Grant programs—veterans, Health care,
Health facilities, Health professions,
Health records, Homeless, Medical and
dental schools, Medical devices,
Medical research, Mental health
programs, Nursing homes, Philippines,
Reporting and recordkeeping
requirements, Scholarships and
fellowships, Travel and transportation
expenses, Veterans.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Brooks D. Tucker, Assistant Secretary
for Congressional and Legislative
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18:49 Nov 04, 2020
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Affairs, Performing the Delegable Duties
of the Chief of Staff, Department of
Veterans Affairs, approved this
document on October 28, 2020, for
publication.
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.
For the reasons set forth in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
70 as follows:
PART 70—VETERANS
TRANSPORTATION PROGRAMS
1. The authority citation for part 70 is
revised to read as follows:
■
Authority: 38 U.S.C. 101, 111, 111A, 501,
1701, 1714, 1720, 1728, 1782, 1783, E.O.
11302, and E.O. 13520.
2. Amend § 70.2, by adding in
alphabetical order the definition
‘‘Ambulance’’ to read as follows:
Ambulance for this subpart, means
advanced life support, level 1 (ALS1);
advanced life support, level 2 (ALS2);
basic life support (BLS); fixed wing air
ambulance (FW); rotary wing air
ambulance (RW); and specialty care
transport (SCT), as those terms are
defined in 42 CFR 414.605.
*
*
*
*
*
■ 3. In § 70.30 amend paragraph (a)(4) to
read as follows:
■
§ 70.30
Payment principles.
(a) * * *
(4) VA payments for special modes of
transportation will be made in
accordance with this section, unless VA
has entered into a contract with the
vendor in which case the terms of the
contract will govern VA payments. This
section applies notwithstanding 38 CFR
17.55 and 17.56 for purposes of 38 CFR
17.120. For purposes of paragraph (ii),
the term ‘‘posted rate’’ refers to the
applicable Medicaid rate for the special
mode transport in the state or states
where the vendor is domiciled or where
transport occurred (‘‘involved states’’).
(i) Travel by ambulance: VA will pay
the lesser of the actual charge for
ambulance transportation or the amount
determined by the fee schedule
established under section 1834(l) of the
Social Security Act (42 U.S.C.
1395m(l)).
(ii) Travel by modes other than
ambulance: VA will pay the lesser of:
(A) The vendor’s actual charge.
(B) The posted rate in the state where
the vendor is domiciled. If the vendor
is domiciled in more than one state, the
lowest posted rate among all involved
states.
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(C) The posted rate in the state where
transport occurred. If transport occurred
in more than one state, the lowest
posted rate among all involved states.
Note to paragraph (a)(4)(ii) of this section:
In the absence of a posted rate for an
involved state, VA will pay the lowest among
the available posted rates or the vendor’s
actual charge.
*
*
*
*
*
[FR Doc. 2020–24261 Filed 11–4–20; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0388; FRL–10016–
08–Region 5]
Air Plan Approval; Ohio; Base Year
Emission Inventories and Emissions
Statement Rule Certification for the
2015 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
under the Clean Air Act (CAA), a
revision to the State Implementation
Plan (SIP) submitted by the Ohio
Environmental Protection Agency on
July 24, 2020. The CAA establishes
emission inventory requirements for all
ozone nonattainment areas. The revision
will address the emission inventory
requirements for the Cleveland, Ohio
(OH) nonattainment area and the Ohio
portion of the Cincinnati, OhioKentucky (Cincinnati) ozone
nonattainment area, as designated under
the 2015 ozone National Ambient Air
Quality Standard (NAAQS or standard).
Also, EPA is proposing to approve
Ohio’s certification that its stationary
annual emissions statement regulation,
which has been previously approved by
EPA under a prior ozone standard,
satisfies the CAA emissions statement
rule requirement for the Cleveland and
Cincinnati nonattainment areas under
the 2015 ozone NAAQS.
DATES: Comments must be received on
or before December 7, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0388 at https://
www.regulations.gov or via email to
blakley.pamela@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
SUMMARY:
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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 disclosure of which
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:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility
closures due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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I. The 2015 Ozone NAAQS Emissions
Inventory and Emissions Statement
Rule Requirements
On October 26, 2015, EPA
promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million
(ppm). See 80 FR 65292. The Cleveland
and Cincinnati areas were designated as
marginal nonattainment areas for the
2015 ozone NAAQS. See 83 FR 25776
(August 3, 2018). The Cleveland
nonattainment area includes Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage,
and Summit Counties. The Cincinnati
nonattainment area includes Butler,
Clermont, Hamilton, and Warren
Counties.
A. Emission Inventories
CAA sections 172(c)(3) and 182(a)(1),
42 U.S.C. 7502(c)(3) and 7511a(a)(1),
require states to develop and submit, as
a SIP revision, emission inventories for
all areas designated as nonattainment
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for any NAAQS. An emission inventory
for ozone is an estimation of actual
emissions of air pollutants that
contribute to the formation of ozone in
an area. Ozone is a gas that is formed
by the reaction of volatile organic
compounds (VOC) and oxides of
nitrogen (NOX) in the atmosphere in the
presence of sunlight (VOC and NOX are
referred to as ozone precursors).
Therefore, an emission inventory for
ozone focuses on the emissions of VOC
and NOX. VOC is emitted by many types
of sources, including power plants,
industrial sources, on-road and off-road
mobile sources, smaller stationary
sources collectively referred to as area
sources, and biogenic sources. NOX is
primarily emitted by combustion
sources, both stationary and mobile.
Emission inventories provide
emissions data for a variety of air
quality planning tasks, including
establishing baseline emission levels
(anthropogenic [manmade] emissions
associated with ozone standard
violations), calculating emission
reduction targets needed to attain the
NAAQS and to achieve reasonable
further progress (RFP) toward
attainment of the ozone standard (not
required in the areas considered here),
determining emission inputs for ozone
air quality modeling analyses, and
tracking emissions over time to
determine progress toward achieving air
quality and emission reduction goals.
For the 2015 ozone NAAQS, states
should submit ozone season day
emission estimates for an inventory
calendar year to be consistent with the
baseline year for RFP plan as required
by 40 CFR 51.1310(b). For the RFP
baseline year for the 2015 ozone
NAAQS under 40 CFR 51.1310(b) states
may use a calendar year for the most
recently available complete triennial (3year cycle) emissions inventory (40 CFR
51, subpart A) preceding the year of the
area’s effective date of designation as a
nonattainment area. (83 FR 63034–
63035, December 6, 2018).1 States are
required to submit estimates of VOC and
NOX emissions for four general classes
of anthropogenic sources: Stationary
point sources; area sources; on-road
mobile sources; and off-road mobile
sources.
B. Emissions Statement Rules
Section 182(a)(3)(B) of the CAA
requires states with ozone
nonattainment areas to submit revisions
1 The RFP requirements specified in CAA section
182(b)(1) shall apply to all area’s designated
nonattainment for ozone classified Moderate or
higher.
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70555
to their SIP to require the owner or
operator of each stationary source of
NOX or VOC to provide the state with
an annual statement documenting the
actual emissions of NOX and VOC from
their source. This requirement applies
to each stationary source emitting
greater than or equal to 25 tons per year
of VOC or NOX in an ozone
nonattainment area.
Many states have adopted these
emissions statement rules for a prior
ozone NAAQS that cover all the state’s
nonattainment areas and relevant
classes and categories of sources. For
these states, EPA is accepting
certifications that their previously
adopted emissions statement rules
remain in place and are adequate to
meet the emissions statement rule
requirement under the 2015 ozone
standard. (83 FR 63002).
II. Ohio’s Emission Inventories
On July 24, 2020, Ohio submitted a
SIP revision addressing the emissions
inventory requirement of CAA section
182(a)(1). Ohio provided documentation
of a 2014 NOX and VOC base year
emissions inventory requirement for the
Cleveland and Cincinnati ozone
nonattainment areas. Ohio selected 2014
because this was one of the three years
of ozone data indicating a violation of
the ozone standard that were used to
designate the areas as nonattainment for
the 2015 ozone NAAQS. 83 FR 25778,
25779. In addition, the 2014 base year
emissions inventory was the most recent
comprehensive, accurate, and quality
assured triennial emissions inventory in
the National Emissions Inventory (NEI)
database, available at the time the state
began preparing the emissions inventory
submittal for the Cleveland and
Cincinnati areas.2 Tables 1 and 2
summarize the 2014 NOX and VOC
emissions for Cleveland and Cincinnati
areas in tons of emissions per ozone
season day.3
2 The Cleveland and Cincinnati areas are
currently classified as marginal nonattainment areas
for the 2015 NAAQS and are therefore not subject
to the reasonable further progress (RFP)
requirement. If one or both areas are reclassified as
moderate, the area(s) would become subject to the
RFP provisions and Ohio would be required to
replace the 2014 base year emissions inventory with
a 2017 base year emissions inventory in accordance
with the 2015 ozone NAAQS Implementation Rule,
83 FR 62998, 63004.
3 The ozone season is the portion of the year in
which high ozone concentrations may be expected
in a given area.
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TABLE 1—2014 OZONE SEASON DAY NOX EMISSIONS
2014 Ozone season day NOX emissions
(tons/day)
County/NAA
EGU 1
Butler ........................................................................................................
Clermont ...................................................................................................
Hamilton ...................................................................................................
Warren .....................................................................................................
Cincinnati NAA .........................................................................................
Cuyahoga .................................................................................................
Geauga ....................................................................................................
Lake .........................................................................................................
Lorain .......................................................................................................
Medina .....................................................................................................
Portage .....................................................................................................
Summit .....................................................................................................
Cleveland NAA .........................................................................................
1 Electric
Non-EGU
point
0.39
48.30
20.47
0.00
69.16
0.82
0.00
5.46
10.88
0.00
0.00
0.00
17.16
10.83
0.01
4.84
0.92
16.60
9.64
0.02
1.83
1.38
0.22
0.33
1.66
15.08
Area
Non-road
2.28
1.14
6.82
1.16
11.40
12.42
0.75
3.90
4.07
1.46
2.40
4.96
29.96
4.28
2.29
8.44
3.25
18.26
22.51
1.88
6.26
7.51
3.23
2.96
6.84
51.19
Onroad
12.40
6.64
30.37
7.72
57.13
33.32
2.49
6.51
7.89
5.40
6.07
17.78
79.46
Total
NOX
30.18
58.38
70.94
13.05
172.55
78.71
5.14
23.96
31.73
10.31
11.76
31.24
192.85
Generating Units (EGU).
TABLE 2—2014 OZONE SEASON DAY VOC EMISSIONS
2014 Ozone season day VOC emissions
(tons/day)
County/NAA
EGU
Butler ........................................................................................................
Clermont ...................................................................................................
Hamilton ...................................................................................................
Warren .....................................................................................................
Cincinnati NAA .........................................................................................
Cuyahoga .................................................................................................
Geauga ....................................................................................................
Lake .........................................................................................................
Lorain .......................................................................................................
Medina .....................................................................................................
Portage .....................................................................................................
Summit .....................................................................................................
Cleveland NAA .........................................................................................
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A. Base Year Emissions Inventory
Ohio estimated NOX and VOC
emissions for all source categories by
county for the Cleveland and Cincinnati
ozone nonattainment areas. Emissions
for these counties were totaled by
source category for each ozone
nonattainment area. To develop the
NOX and VOC emissions inventories,
Ohio used the annual emissions data
contained in EPA’s 2014 National
Emissions Inventory (2014 NEI.v2)
database. To document the derivation of
these emissions data, Ohio included
EPA’s ‘‘Technical Support Document
(TSD) Preparation of Emissions
Inventories for the Version 7.1
Emissions Modeling Platform’’ (August
2018) in the July 24, 2020, submittal. All
annual NOX and VOC emissions data
collected from the 2014 v2 NEI were
temporally allocated to ozone season
day by using temporal files found in
EPA’s 2014v2 Air Emissions Modeling
Platform (2014fd), https://www.epa.gov/
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Non-EGU
point
0.02
0.27
0.34
0.00
0.63
0.01
0.00
0.04
0.17
0.00
0.00
0.00
0.22
2.97
0.40
2.05
0.51
5.93
3.14
0.09
0.81
1.90
0.55
1.14
1.16
8.79
air-emissions-modeling/2014-version71-platform. Ozone season day
emissions were derived by applying a
separate conversion factor to the annual
emissions for each source category by
pollutant and nonattainment area.
B. How did the State develop the
emission inventories?
For point sources (EGUs and nonEGUs), Ohio calculates and stores
emissions data annually in the state’s
STARS database. Under the authority of
Ohio Administrative Code (OAC) 3745–
15–03, Ohio requires regulated
stationary sources in the ozone
nonattainment areas to submit emission
inventory statements annually. These
reports contain detailed source typespecific or annual source unit-specific
and seasonal actual emissions for all
source units in a facility. The point
source data for 2014 base year emissions
inventory were submitted through
EPA’s bridge tool for submission to the
Emissions Inventory System (EIS)
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Area
Non-road
13.36
6.50
31.30
9.02
60.18
42.66
4.27
9.91
8.88
6.83
7.29
19.63
99.47
3.41
2.39
8.61
2.74
17.15
32.24
4.66
10.58
11.81
4.84
6.68
9.40
80.21
Onroad
7.22
4.01
14.51
3.93
29.67
14.38
1.34
2.94
3.57
2.36
2.33
6.89
33.81
Total
VOC
26.98
13.57
56.81
16.20
113.56
92.43
10.36
24.28
26.33
14.58
17.44
37.08
222.50
Gateway for the 2014 NEI. Ohio
provided a detailed list of EGU and nonEGU point sources included the 2014
base year emissions inventory by
county, facility ID, unit ID, with their
respective NOX and VOC emissions
within appendices A and B of their July
24, 2020, submittal.
For area source emissions, Ohio relied
on a variety of state specific data to
estimate emissions based on EPA’s
procedures and guidance for the 2014
base year emissions inventory. Area
sources are spread over wide areas with
no distinct discharge points or are
comprised of a large number of small
point sources that are difficult to
describe separately and whose
emissions are not well characterized
(e.g., heating furnaces in individual
homes, architectural surface coating,
automobile refueling, dry cleaning, etc.).
To develop an accurate and complete
area source inventory, Ohio used EPA’s
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default data to describe activity levels or
emissions when no state specific data
was available. Ohio implemented
quality control and quality assurance
(QA) measures throughout the
development of this inventory, with the
help of EPA’s Nonpoint Method
Advisory committee. The emission data
Ohio collected were submitted through
the EIS Gateway using EPA’s bridge tool
for submission into NEI. The quality
control and QA of nonpoint data was
primarily an ad-hoc process led by EPA.
This process included comparing 2014
estimates to previous NEI cycles, gapfilling for missing pollutants, and
evaluating outliers. In addition, for
some source categories that have already
been reported in the point source
inventory, Ohio used EPA’s ’’Point to
Nonpoint Crosswalk’’ tool, which
describes the similarities between point
Source Classification Codes (SCCs) and
nonpoint SCCs to help avoid double
counting emissions.
Ohio has provided a detailed list of
the area sources included in the 2014
base year emissions inventory by SCC
and county, with their respective NOX
and VOC emissions in appendix C,
including a discussion how the
emissions were derived for each source
category within their July 24, 2020,
submittal.
The nonroad mobile source emissions
in the 2014 NEI were developed by the
EPA using the 2014 NEI the Motor
Vehicle Emissions Simulator (MOVES–
2014a). Ohio did not provide state
specific data for the development of
nonroad emissions. In appendix D, Ohio
provides a list of the nonroad sources
included in the 2014 base year
emissions inventory by SCC and county,
with their respective NOX and VOC
emissions.
On-road mobile source emissions in
the 2014 NEI were developed by the
EPA using the MOVES–2014a. The state
specific data was retrieved from the
Ohio Department of Transportation,
local metropolitan planning
organizations (MPOs), and the Ohio
Bureau of Motor Vehicles.
Most of the QA for on-road mobile
emissions was processed through tools
built into MOVES. Additionally, just
like the point and nonpoint inventories,
QA was performed when the data was
submitted to the EIS Gateway. In
appendix E, of the July 24, 2020,
submittal, Ohio has documented onroad emissions by SCC and county.
The data provided by the Ohio
Department of Transportation accounted
for Highway Performance Monitoring
System Vehicle Type Year and Road
Type Distribution. Alternate Vehicle
and Fuel Technology, Average Speed
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Distribution, and Month, Day and Hour
Vehicle Miles Traveled Fractions were
also provided by the Ohio Department
of Transportation along with MPOs. The
Ohio Bureau of Motor Vehicles
provided Source Type Age Distribution
and Source Type Year for all counties
and for source types 11 (motorcycles),
21 (passenger cars), 31 (passenger
trucks) and 32 (light commercial trucks)
only. For the remaining source types,
EPA defaults were used.
Most of the QA for on-road mobile
emissions was processed through tools
built into MOVES. Additionally, just
like the point and nonpoint inventories,
QA was performed when the data was
submitted to the EIS Gateway. In
appendix E, of the July 24, 2020,
submittal, Ohio has documented onroad emissions by SCC and county.
III. Ohio’s Emissions Statement Rule
Section 182(a)(3)(B) of the CAA
requires states to include regulations in
the SIP to require sources (source
facilities) to submit annual statements
characterizing sources of NOX and VOC
emission within the source facilities and
to report actual NOX and VOC emissions
for these sources. Ohio confirmed in the
July 24, 2020, submittal that their
existing emissions reporting rule at OAC
3745–24, approved in Ohio’s SIP
remains in place and adequate to meet
the CAA section 182(a)(3)(B) emissions
statement requirement for the 2015
ozone standard. EPA approved this rule
into the Ohio SIP on September 27,
2007 (72 FR 54844). This rule
specifically requires all regulated source
facilities in the ozone nonattainment
areas that emit greater than or equal to
25 tons/year of NOX or VOC during the
reporting year to submit annual
emissions statements. Ohio included a
copy of rule OAC 3745–24 in the July
24, 2020, submission. See appendices,
F1–F4.
On May 18, 2020, Ohio notified the
public of the 30-day period the
opportunity for comment, with respect
to the requested SIP revision on Ohio’s
Department of Air Pollution Control
website at: https://epa.ohio.gov/dapc/
sip/2015. No comments were received,
and no public hearing was requested.
IV. EPA’s Evaluation
A. Emissions Inventory
EPA has reviewed Ohio’s July 24,
2020 requested SIP revision for
consistency with sections 172(c)(3) CAA
and 182(a)(1) of the CAA, and EPA’s
emission inventory requirements. In
particular, EPA has reviewed the
techniques used by Ohio to derive and
quality assure the emission estimates.
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70557
Ohio documented the procedures used
to estimate the emissions for each of the
major source types. The documentation
of the emission estimation procedures is
very thorough and is adequate for us to
determine that Ohio followed
acceptable procedures to estimate the
emissions.
Ohio developed a QA plan and
followed this plan during various
phases of the emissions estimation and
documentation process to quality assure
the emissions for completeness and
accuracy. These QA procedures were
summarized in the documentation
describing how the emissions totals
were developed. EPA has determined
that the QA procedures are complete,
adequate and acceptable. EPA proposes
to find that Ohio has developed
approvable inventories of NOX and VOC
emissions for the Cleveland and
Cincinnati ozone nonattainment areas.
B. Emissions Statement Rule
EPA approved Ohio’s emissions
statement rule, OAC 3745–24, into the
Ohio SIP on September 27, 2007 (72 FR
54844), and it is currently being
implemented. The rule requires sources
of NOX and VOC in the Cleveland and
Cincinnati ozone nonattainment areas to
annually report these emissions to the
state if the sources emit NOX and VOC
equaling or exceeding 25 tons per year.
EPA finds this acceptable and proposes
to find that Ohio’s emissions statement
rule OAC 3745–24 meets the
requirements of CAA section
182(a)(3)(B).
V. What action is EPA taking?
We are proposing to approve Ohio’s
SIP revision submitted to address the
ozone-related emission inventory
requirements for the Cleveland and
Cincinnati ozone nonattainment areas
for the 2015 ozone NAAQS. The
emission inventories we are approving
into the SIP are specified in Tables 1
and 2, shown above. We are proposing
to approve the emission inventories
because they contain comprehensive,
accurate, and current inventories of
actual emissions for all relevant sources
in accordance with CAA sections
172(c)(3) and 182(a), and because Ohio
adopted the emission inventories after
providing for reasonable public notice
and opportunity for a public hearing.
Finally, we are also confirming that
Ohio has acceptable and enforceable
stationary annual emission statement
regulations for the 2015 ozone standard.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
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Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
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 it is not a significant
regulatory action 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
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: October 30, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020–24487 Filed 11–4–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2018–0506; FRL–10015–
47–Region 6]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The State of Texas
Commission on Environmental Quality
(TCEQ) has applied to the
Environmental Protection Agency (EPA)
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA has reviewed
Texas’ application and has determine
that these changes appear to satisfy all
requirements needed to qualify for final
authorization and is proposing to
authorize the State’s changes. The EPA
is seeking public comment prior to
taking final action.
DATES: Comments on this proposed rule
must be received by December 7, 2020.
Today’s document also corrects errors in
the ADDRESSES section of a previous
Texas authorization Federal Register
document published on August 18, 1999
(64 FR 44836).
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Email: patterson.alima@epa.gov.
Instructions: EPA must receive your
comments by December 7, 2020. Direct
your comments to Docket ID Number
EPA–R06–RCRA–2018–0506. The EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://
SUMMARY:
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI), or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment with any CD you submit. If
EPA cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy.
You can view and copy Texas’
application and associated publicly
available docket materials either
through www.regulations.gov at the
following locations: Texas Commission
on Environmental Quality, (TCEQ),
12100 Park S Circle, Austin, Texas
78753–3087, (512) 239–6079 and EPA,
Region 6, 1201 Elm Street, Suite 500,
Dallas, Texas 75270. The EPA facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays and facility closures
due to COVID–19. We recommend that
you telephone Alima Patterson,
Regional Authorization/Codification
Coordinator at (214) 665–8533, before
visiting the Region 6 office. Interested
persons wanting to examine these
documents should make an
appointment with the office.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, (214) 665–8533,
patterson.alima@epa.gov. Out of an
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[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Proposed Rules]
[Pages 70554-70558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24487]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0388; FRL-10016-08-Region 5]
Air Plan Approval; Ohio; Base Year Emission Inventories and
Emissions Statement Rule Certification for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, under the Clean Air Act (CAA), a revision to the State
Implementation Plan (SIP) submitted by the Ohio Environmental
Protection Agency on July 24, 2020. The CAA establishes emission
inventory requirements for all ozone nonattainment areas. The revision
will address the emission inventory requirements for the Cleveland,
Ohio (OH) nonattainment area and the Ohio portion of the Cincinnati,
Ohio-Kentucky (Cincinnati) ozone nonattainment area, as designated
under the 2015 ozone National Ambient Air Quality Standard (NAAQS or
standard). Also, EPA is proposing to approve Ohio's certification that
its stationary annual emissions statement regulation, which has been
previously approved by EPA under a prior ozone standard, satisfies the
CAA emissions statement rule requirement for the Cleveland and
Cincinnati nonattainment areas under the 2015 ozone NAAQS.
DATES: Comments must be received on or before December 7, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0388 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
[[Page 70555]]
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 disclosure
of which 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: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [email protected]. The
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and facility closures due to COVID-
19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. The 2015 Ozone NAAQS Emissions Inventory and Emissions Statement
Rule Requirements
On October 26, 2015, EPA promulgated a revised 8-hour ozone NAAQS
of 0.070 parts per million (ppm). See 80 FR 65292. The Cleveland and
Cincinnati areas were designated as marginal nonattainment areas for
the 2015 ozone NAAQS. See 83 FR 25776 (August 3, 2018). The Cleveland
nonattainment area includes Cuyahoga, Geauga, Lake, Lorain, Medina,
Portage, and Summit Counties. The Cincinnati nonattainment area
includes Butler, Clermont, Hamilton, and Warren Counties.
A. Emission Inventories
CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as a SIP revision,
emission inventories for all areas designated as nonattainment for any
NAAQS. An emission inventory for ozone is an estimation of actual
emissions of air pollutants that contribute to the formation of ozone
in an area. Ozone is a gas that is formed by the reaction of volatile
organic compounds (VOC) and oxides of nitrogen (NOX) in the
atmosphere in the presence of sunlight (VOC and NOX are
referred to as ozone precursors). Therefore, an emission inventory for
ozone focuses on the emissions of VOC and NOX. VOC is
emitted by many types of sources, including power plants, industrial
sources, on-road and off-road mobile sources, smaller stationary
sources collectively referred to as area sources, and biogenic sources.
NOX is primarily emitted by combustion sources, both
stationary and mobile.
Emission inventories provide emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
(anthropogenic [manmade] emissions associated with ozone standard
violations), calculating emission reduction targets needed to attain
the NAAQS and to achieve reasonable further progress (RFP) toward
attainment of the ozone standard (not required in the areas considered
here), determining emission inputs for ozone air quality modeling
analyses, and tracking emissions over time to determine progress toward
achieving air quality and emission reduction goals. For the 2015 ozone
NAAQS, states should submit ozone season day emission estimates for an
inventory calendar year to be consistent with the baseline year for RFP
plan as required by 40 CFR 51.1310(b). For the RFP baseline year for
the 2015 ozone NAAQS under 40 CFR 51.1310(b) states may use a calendar
year for the most recently available complete triennial (3-year cycle)
emissions inventory (40 CFR 51, subpart A) preceding the year of the
area's effective date of designation as a nonattainment area. (83 FR
63034-63035, December 6, 2018).\1\ States are required to submit
estimates of VOC and NOX emissions for four general classes
of anthropogenic sources: Stationary point sources; area sources; on-
road mobile sources; and off-road mobile sources.
---------------------------------------------------------------------------
\1\ The RFP requirements specified in CAA section 182(b)(1)
shall apply to all area's designated nonattainment for ozone
classified Moderate or higher.
---------------------------------------------------------------------------
B. Emissions Statement Rules
Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each stationary source of NOX or VOC to
provide the state with an annual statement documenting the actual
emissions of NOX and VOC from their source. This requirement
applies to each stationary source emitting greater than or equal to 25
tons per year of VOC or NOX in an ozone nonattainment area.
Many states have adopted these emissions statement rules for a
prior ozone NAAQS that cover all the state's nonattainment areas and
relevant classes and categories of sources. For these states, EPA is
accepting certifications that their previously adopted emissions
statement rules remain in place and are adequate to meet the emissions
statement rule requirement under the 2015 ozone standard. (83 FR
63002).
II. Ohio's Emission Inventories
On July 24, 2020, Ohio submitted a SIP revision addressing the
emissions inventory requirement of CAA section 182(a)(1). Ohio provided
documentation of a 2014 NOX and VOC base year emissions
inventory requirement for the Cleveland and Cincinnati ozone
nonattainment areas. Ohio selected 2014 because this was one of the
three years of ozone data indicating a violation of the ozone standard
that were used to designate the areas as nonattainment for the 2015
ozone NAAQS. 83 FR 25778, 25779. In addition, the 2014 base year
emissions inventory was the most recent comprehensive, accurate, and
quality assured triennial emissions inventory in the National Emissions
Inventory (NEI) database, available at the time the state began
preparing the emissions inventory submittal for the Cleveland and
Cincinnati areas.\2\ Tables 1 and 2 summarize the 2014 NOX
and VOC emissions for Cleveland and Cincinnati areas in tons of
emissions per ozone season day.\3\
---------------------------------------------------------------------------
\2\ The Cleveland and Cincinnati areas are currently classified
as marginal nonattainment areas for the 2015 NAAQS and are therefore
not subject to the reasonable further progress (RFP) requirement. If
one or both areas are reclassified as moderate, the area(s) would
become subject to the RFP provisions and Ohio would be required to
replace the 2014 base year emissions inventory with a 2017 base year
emissions inventory in accordance with the 2015 ozone NAAQS
Implementation Rule, 83 FR 62998, 63004.
\3\ The ozone season is the portion of the year in which high
ozone concentrations may be expected in a given area.
[[Page 70556]]
Table 1--2014 Ozone Season Day NOX Emissions
----------------------------------------------------------------------------------------------------------------
2014 Ozone season day NOX emissions (tons/day)
-----------------------------------------------------------------
County/NAA Non-EGU Total NOX
EGU \1\ point Area Non-road Onroad
----------------------------------------------------------------------------------------------------------------
Butler........................................ 0.39 10.83 2.28 4.28 12.40 30.18
Clermont...................................... 48.30 0.01 1.14 2.29 6.64 58.38
Hamilton...................................... 20.47 4.84 6.82 8.44 30.37 70.94
Warren........................................ 0.00 0.92 1.16 3.25 7.72 13.05
Cincinnati NAA................................ 69.16 16.60 11.40 18.26 57.13 172.55
Cuyahoga...................................... 0.82 9.64 12.42 22.51 33.32 78.71
Geauga........................................ 0.00 0.02 0.75 1.88 2.49 5.14
Lake.......................................... 5.46 1.83 3.90 6.26 6.51 23.96
Lorain........................................ 10.88 1.38 4.07 7.51 7.89 31.73
Medina........................................ 0.00 0.22 1.46 3.23 5.40 10.31
Portage....................................... 0.00 0.33 2.40 2.96 6.07 11.76
Summit........................................ 0.00 1.66 4.96 6.84 17.78 31.24
Cleveland NAA................................. 17.16 15.08 29.96 51.19 79.46 192.85
----------------------------------------------------------------------------------------------------------------
\1\ Electric Generating Units (EGU).
Table 2--2014 Ozone Season Day VOC Emissions
----------------------------------------------------------------------------------------------------------------
2014 Ozone season day VOC emissions (tons/day)
-----------------------------------------------------------------
County/NAA Non-EGU
EGU point Area Non-road Onroad Total VOC
----------------------------------------------------------------------------------------------------------------
Butler........................................ 0.02 2.97 13.36 3.41 7.22 26.98
Clermont...................................... 0.27 0.40 6.50 2.39 4.01 13.57
Hamilton...................................... 0.34 2.05 31.30 8.61 14.51 56.81
Warren........................................ 0.00 0.51 9.02 2.74 3.93 16.20
Cincinnati NAA................................ 0.63 5.93 60.18 17.15 29.67 113.56
Cuyahoga...................................... 0.01 3.14 42.66 32.24 14.38 92.43
Geauga........................................ 0.00 0.09 4.27 4.66 1.34 10.36
Lake.......................................... 0.04 0.81 9.91 10.58 2.94 24.28
Lorain........................................ 0.17 1.90 8.88 11.81 3.57 26.33
Medina........................................ 0.00 0.55 6.83 4.84 2.36 14.58
Portage....................................... 0.00 1.14 7.29 6.68 2.33 17.44
Summit........................................ 0.00 1.16 19.63 9.40 6.89 37.08
Cleveland NAA................................. 0.22 8.79 99.47 80.21 33.81 222.50
----------------------------------------------------------------------------------------------------------------
A. Base Year Emissions Inventory
Ohio estimated NOX and VOC emissions for all source
categories by county for the Cleveland and Cincinnati ozone
nonattainment areas. Emissions for these counties were totaled by
source category for each ozone nonattainment area. To develop the
NOX and VOC emissions inventories, Ohio used the annual
emissions data contained in EPA's 2014 National Emissions Inventory
(2014 NEI.v2) database. To document the derivation of these emissions
data, Ohio included EPA's ``Technical Support Document (TSD)
Preparation of Emissions Inventories for the Version 7.1 Emissions
Modeling Platform'' (August 2018) in the July 24, 2020, submittal. All
annual NOX and VOC emissions data collected from the 2014 v2
NEI were temporally allocated to ozone season day by using temporal
files found in EPA's 2014v2 Air Emissions Modeling Platform (2014fd),
https://www.epa.gov/air-emissions-modeling/2014-version-71-platform.
Ozone season day emissions were derived by applying a separate
conversion factor to the annual emissions for each source category by
pollutant and nonattainment area.
B. How did the State develop the emission inventories?
For point sources (EGUs and non-EGUs), Ohio calculates and stores
emissions data annually in the state's STARS database. Under the
authority of Ohio Administrative Code (OAC) 3745-15-03, Ohio requires
regulated stationary sources in the ozone nonattainment areas to submit
emission inventory statements annually. These reports contain detailed
source type-specific or annual source unit-specific and seasonal actual
emissions for all source units in a facility. The point source data for
2014 base year emissions inventory were submitted through EPA's bridge
tool for submission to the Emissions Inventory System (EIS) Gateway for
the 2014 NEI. Ohio provided a detailed list of EGU and non-EGU point
sources included the 2014 base year emissions inventory by county,
facility ID, unit ID, with their respective NOX and VOC
emissions within appendices A and B of their July 24, 2020, submittal.
For area source emissions, Ohio relied on a variety of state
specific data to estimate emissions based on EPA's procedures and
guidance for the 2014 base year emissions inventory. Area sources are
spread over wide areas with no distinct discharge points or are
comprised of a large number of small point sources that are difficult
to describe separately and whose emissions are not well characterized
(e.g., heating furnaces in individual homes, architectural surface
coating, automobile refueling, dry cleaning, etc.).
To develop an accurate and complete area source inventory, Ohio
used EPA's
[[Page 70557]]
default data to describe activity levels or emissions when no state
specific data was available. Ohio implemented quality control and
quality assurance (QA) measures throughout the development of this
inventory, with the help of EPA's Nonpoint Method Advisory committee.
The emission data Ohio collected were submitted through the EIS Gateway
using EPA's bridge tool for submission into NEI. The quality control
and QA of nonpoint data was primarily an ad-hoc process led by EPA.
This process included comparing 2014 estimates to previous NEI cycles,
gap-filling for missing pollutants, and evaluating outliers. In
addition, for some source categories that have already been reported in
the point source inventory, Ohio used EPA's ''Point to Nonpoint
Crosswalk'' tool, which describes the similarities between point Source
Classification Codes (SCCs) and nonpoint SCCs to help avoid double
counting emissions.
Ohio has provided a detailed list of the area sources included in
the 2014 base year emissions inventory by SCC and county, with their
respective NOX and VOC emissions in appendix C, including a
discussion how the emissions were derived for each source category
within their July 24, 2020, submittal.
The nonroad mobile source emissions in the 2014 NEI were developed
by the EPA using the 2014 NEI the Motor Vehicle Emissions Simulator
(MOVES-2014a). Ohio did not provide state specific data for the
development of nonroad emissions. In appendix D, Ohio provides a list
of the nonroad sources included in the 2014 base year emissions
inventory by SCC and county, with their respective NOX and
VOC emissions.
On-road mobile source emissions in the 2014 NEI were developed by
the EPA using the MOVES-2014a. The state specific data was retrieved
from the Ohio Department of Transportation, local metropolitan planning
organizations (MPOs), and the Ohio Bureau of Motor Vehicles.
Most of the QA for on-road mobile emissions was processed through
tools built into MOVES. Additionally, just like the point and nonpoint
inventories, QA was performed when the data was submitted to the EIS
Gateway. In appendix E, of the July 24, 2020, submittal, Ohio has
documented on-road emissions by SCC and county.
The data provided by the Ohio Department of Transportation
accounted for Highway Performance Monitoring System Vehicle Type Year
and Road Type Distribution. Alternate Vehicle and Fuel Technology,
Average Speed Distribution, and Month, Day and Hour Vehicle Miles
Traveled Fractions were also provided by the Ohio Department of
Transportation along with MPOs. The Ohio Bureau of Motor Vehicles
provided Source Type Age Distribution and Source Type Year for all
counties and for source types 11 (motorcycles), 21 (passenger cars), 31
(passenger trucks) and 32 (light commercial trucks) only. For the
remaining source types, EPA defaults were used.
Most of the QA for on-road mobile emissions was processed through
tools built into MOVES. Additionally, just like the point and nonpoint
inventories, QA was performed when the data was submitted to the EIS
Gateway. In appendix E, of the July 24, 2020, submittal, Ohio has
documented on-road emissions by SCC and county.
III. Ohio's Emissions Statement Rule
Section 182(a)(3)(B) of the CAA requires states to include
regulations in the SIP to require sources (source facilities) to submit
annual statements characterizing sources of NOX and VOC
emission within the source facilities and to report actual
NOX and VOC emissions for these sources. Ohio confirmed in
the July 24, 2020, submittal that their existing emissions reporting
rule at OAC 3745-24, approved in Ohio's SIP remains in place and
adequate to meet the CAA section 182(a)(3)(B) emissions statement
requirement for the 2015 ozone standard. EPA approved this rule into
the Ohio SIP on September 27, 2007 (72 FR 54844). This rule
specifically requires all regulated source facilities in the ozone
nonattainment areas that emit greater than or equal to 25 tons/year of
NOX or VOC during the reporting year to submit annual
emissions statements. Ohio included a copy of rule OAC 3745-24 in the
July 24, 2020, submission. See appendices, F1-F4.
On May 18, 2020, Ohio notified the public of the 30-day period the
opportunity for comment, with respect to the requested SIP revision on
Ohio's Department of Air Pollution Control website at: https://epa.ohio.gov/dapc/sip/2015. No comments were received, and no public
hearing was requested.
IV. EPA's Evaluation
A. Emissions Inventory
EPA has reviewed Ohio's July 24, 2020 requested SIP revision for
consistency with sections 172(c)(3) CAA and 182(a)(1) of the CAA, and
EPA's emission inventory requirements. In particular, EPA has reviewed
the techniques used by Ohio to derive and quality assure the emission
estimates. Ohio documented the procedures used to estimate the
emissions for each of the major source types. The documentation of the
emission estimation procedures is very thorough and is adequate for us
to determine that Ohio followed acceptable procedures to estimate the
emissions.
Ohio developed a QA plan and followed this plan during various
phases of the emissions estimation and documentation process to quality
assure the emissions for completeness and accuracy. These QA procedures
were summarized in the documentation describing how the emissions
totals were developed. EPA has determined that the QA procedures are
complete, adequate and acceptable. EPA proposes to find that Ohio has
developed approvable inventories of NOX and VOC emissions
for the Cleveland and Cincinnati ozone nonattainment areas.
B. Emissions Statement Rule
EPA approved Ohio's emissions statement rule, OAC 3745-24, into the
Ohio SIP on September 27, 2007 (72 FR 54844), and it is currently being
implemented. The rule requires sources of NOX and VOC in the
Cleveland and Cincinnati ozone nonattainment areas to annually report
these emissions to the state if the sources emit NOX and VOC
equaling or exceeding 25 tons per year. EPA finds this acceptable and
proposes to find that Ohio's emissions statement rule OAC 3745-24 meets
the requirements of CAA section 182(a)(3)(B).
V. What action is EPA taking?
We are proposing to approve Ohio's SIP revision submitted to
address the ozone-related emission inventory requirements for the
Cleveland and Cincinnati ozone nonattainment areas for the 2015 ozone
NAAQS. The emission inventories we are approving into the SIP are
specified in Tables 1 and 2, shown above. We are proposing to approve
the emission inventories because they contain comprehensive, accurate,
and current inventories of actual emissions for all relevant sources in
accordance with CAA sections 172(c)(3) and 182(a), and because Ohio
adopted the emission inventories after providing for reasonable public
notice and opportunity for a public hearing. Finally, we are also
confirming that Ohio has acceptable and enforceable stationary annual
emission statement regulations for the 2015 ozone standard.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission
[[Page 70558]]
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 it is not a significant regulatory
action 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: October 30, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-24487 Filed 11-4-20; 8:45 am]
BILLING CODE 6560-50-P
