Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2015 Ozone NAAQS, 13671-13679 [2021-02743]
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules
with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined between
8:00 a.m. and 4:30 p.m., Monday
through Friday, except federal holidays
at the office of the Eastern Service
Center, Federal Aviation
Administration, Room 350, 1701
Columbia Avenue, College Park, GA
30337.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11E, Airspace
Designations and Reporting Points,
dated July 21, 2020, and effective
September 15, 2020. FAA Order
7400.11E is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA proposes an amendment to
14 CFR part 71 to establish Class E
airspace extending upward from 700
feet above the surface at Doylestown
Airport, Doylestown, PA, providing the
controlled airspace required to support
RNAV (GPS) standard instrument
approach procedures for IFR operations
at this airport.
Class E airspace designations are
published in Paragraph 6005, of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
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Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’, prior to any FAA final
regulatory action.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AEA PA E5 Doylestown, PA [New]
Doylestown Airport, PA
(Lat. 40°19′59″ N, long. 75°07′20″ W)
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That airspace extending upward from 700
feet above the surface within a 7.6-mile
radius of Doylestown Airport, and within 3.9
miles each side of the 050° bearing from the
airport, extending from the 7.6-mile radius to
13.8 miles northeast of the airport.
Issued in College Park, Georgia, on March
3, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2021–04820 Filed 3–9–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0694; FRL–10017–
06–Region 5]
Air Plan Approval; Ohio; Infrastructure
SIP Requirements for the 2015 Ozone
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
elements of a state implementation plan
(SIP) submission from Ohio regarding
the infrastructure requirements of
section 110 of the Clean Air Act (CAA)
for the 2015 ozone National Ambient
Air Quality Standards (NAAQS). The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA.
DATES: Comments must be received on
or before April 9, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0694 at https://
www.regulations.gov, or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
SUMMARY:
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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:
Rachel Rineheart, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7017,
Rineheart.Rachel@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. This supplementary information
section is arranged as follows:
I. What is the background of this SIP
submission?
II. What is EPA’s analysis of this SIP
submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This type of SIP submission is
commonly referred to as an
‘‘infrastructure SIP.’’ These submissions
must meet the various requirements of
CAA section 110(a)(2), as applicable.
Due to ambiguity in some of the
language of CAA section 110(a)(2), EPA
believes that it is appropriate to
interpret these provisions in the specific
context of acting on infrastructure SIP
submissions. EPA has previously
provided comprehensive guidance on
the application of these provisions
through our September 13, 2013,
Infrastructure SIP Guidance (EPA’s 2013
Guidance) and through regional actions
on infrastructure submissions.1 Unless
1 EPA explains and elaborates on these
ambiguities and its approach to address them in our
September 13, 2013, Infrastructure SIP Guidance
(available at https://www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf, as well as in numerous
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otherwise noted below, we are following
that existing approach in acting on this
submission. In addition, in the context
of acting on such infrastructure
submissions, EPA evaluates the
submitting state’s SIP for facial
compliance with statutory and
regulatory requirements, not for the
state’s implementation of its SIP.2 EPA
has other authority to address any issues
concerning a state’s implementation of
the rules, regulations, consent orders,
etc. that comprise its SIP.
II. What is EPA’s analysis of this SIP
submission?
On September 28, 2018, Ohio
provided a detailed synopsis of how
various components of its SIP meet each
of the applicable requirements in
section 110(a)(2) for the 2015 ozone
NAAQS, as applicable. The following
review evaluates the state’s submission.
A. Section 110(a)(2)(A)—Emission
Limits and Other Control Measures
This section requires SIPs to include
enforceable emission limits and other
control measures, means or techniques,
schedules for compliance, and other
related matters. EPA has long
interpreted emission limits and control
measures for attaining the standards as
being due when nonattainment
planning requirements are due.3 In the
context of an infrastructure SIP, EPA is
not evaluating the existing SIP
provisions for this purpose. Instead,
EPA is only evaluating whether the
state’s SIP has basic structural
provisions for the implementation of the
NAAQS.
Under Ohio Revised Code (ORC)
3704.03, the Ohio Environmental
Protection Agency (OEPA) holds the
authority to create new rules and
implement existing emission limits and
controls. Authority to monitor, update,
and implement revisions to Ohio’s SIP,
including revisions to emission limits
and control measures as necessary to
meet NAAQS is contained in ORC
3704.03. Authority related to specific
pollutants, including the establishment
of ambient air quality standards and
increments, identification of
nonattainment areas, air resource
allocations, and performance and
emissions standards, is contained in
ORC 3704.03.
agency actions, including EPA’s prior action on
Ohio’s infrastructure SIP to address the 2012 fine
particulate matter (PM2.5) NAAQS (81 FR 64072,
September 19, 2016).
2 See U.S. Court of Appeals for the Ninth Circuit
decision in Montana Environmental Information
Center v. EPA, No. 16–71933 (Aug. 30, 2018).
3 e.g., EPA’s final rule on ‘‘National Ambient Air
Quality Standards for Lead.’’ 73 FR 66964 at 67034.
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Authority for OEPA to create new
rules and regulations is found in ORC
3704.3. ORC 3704.03(A) and (X)
expressly confer rulemaking authority to
the Director of environmental
protection. ORC 3704.03(A) and (E)
require that OEPA develop programs
and promulgate rules for the prevention
control, and abatement of air pollution.
ORC 3704.03(D) requires that OEPA
promulgate ambient air quality
standards similar to the NAAQS.
EPA’s 2013 Guidance states that to
satisfy section 110(a)(2)(A)
requirements, ‘‘an air agency’s
submission should identify existing
EPA-approved SIP provisions or new
SIP provisions that the air agency has
adopted and submitted for EPA
approval that limit emissions of
pollutants relevant to the subject
NAAQS, including precursors of the
relevant NAAQS pollutant where
applicable.’’ OEPA identified existing
controls and emission limits in the Ohio
Administrative Code that can be applied
to the 2015 ozone NAAQS. These
regulations include controls and
emission limits for volatile organic
compounds (VOC) and nitrogen oxides
(NOX), which are precursors to ozone.
VOC as an ozone precursor is controlled
by Ohio Administrative Code (OAC)
3745–14, and NOX as an ozone
precursor is controlled by OAC 3745–
21.
In this rulemaking, EPA is not
proposing to approve any new
provisions in OAC 3745 that have not
been previously approved by EPA. EPA
is also not proposing to approve or
disapprove any existing state provisions
or rules regulated to start-up, shutdown
or malfunction or director’s discretion
in the context of section 110(a)(2)(A).
EPA has determined that Ohio’s SIP
provides the required basic structural
provisions for the implementation of the
NAAQS and proposes to find that Ohio
has met the infrastructure SIP
requirements of section 110(a)(2)(A)
with respect to the 2015 ozone NAAQS.
B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System
This section requires SIPs to include
provisions to establish and operate
ambient air quality monitors, collect
and analyze ambient air quality data,
and make these data available to EPA
upon request. The review of the annual
monitoring plan includes EPA’s
determination that the state: (i) Monitors
air quality at appropriate locations
throughout the state using EPAapproved Federal Reference Methods or
Federal Equivalent Method monitors;
(ii) submits data to EPA’s Air Quality
System (AQS) in a timely manner; and,
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(iii) provides EPA Regional Offices with
prior notification of any planned
changes to monitoring sites or the
network plan.
In accordance with 40 CFR part 53
and 40 CFR part 58, OEPA continues to
operate an air monitoring network,
which is used to determine compliance
with the NAAQS. OEPA enters air
monitoring data into AQS, and the state
provides EPA with prior notification
when changes to its monitoring network
or plan are being considered. Further,
OEPA submits annual monitoring
network plans to EPA. EPA approved
the state’s 2020–2021 Annual Air
Monitoring Network Plan on September
23, 2020, including the plan for the
State’s ozone monitoring network. EPA
proposes that Ohio has met the
infrastructure SIP requirements of
section 110(a)(2)(B) with respect to the
2015 ozone NAAQS.
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures; Minor
NSR; PSD
States are required to include a
program providing for enforcement of
all SIP measures and the regulation of
construction of new or modified
stationary sources to meet new source
review (NSR) requirements under
prevention of significant deterioration
(PSD) and nonattainment NSR (NNSR)
programs. Part C of the CAA (sections
160–169B) addresses PSD, while part D
of the CAA (sections 171–193) addresses
NNSR requirements. EPA’s 2013
Guidance states that the NNSR
requirements of section 110(a)(2)(C) are
generally outside the scope of
infrastructure SIPs; however, a state
must provide for regulation of minor
sources and minor modifications (minor
NSR).
1. Program for Enforcement of Control
Measures
A state’s infrastructure SIP
submission should identify the statutes,
regulations, or other provisions in the
SIP that provide for enforcement of
emission limits and control measures.
OEPA maintains an enforcement
program to ensure compliance with SIP
requirements. OEPA compiles all air
pollution control enforcement
settlements in the state and makes them
available for public review on its
website. ORC 3704.03(R) provides the
Director of OEPA with the authority to
implement the enforcement program as
well as the authority to implement the
NSR provisions within OAC 3745–31.
EPA proposes that Ohio has met the
enforcement of SIP measures
requirements of section 110(a)(2)(C)
with respect to the 2015 ozone NAAQS.
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2. Minor NSR
An infrastructure SIP submission
should identify the existing EPAapproved SIP provisions that govern the
minor source pre-construction program
that regulates emissions of the relevant
NAAQS pollutant. EPA approved Ohio’s
minor NSR program on February 21,
2002 (see 67 FR 7954); since that date,
OEPA and EPA have relied on the
existing minor NSR program to ensure
that new and modified sources not
captured by the major NSR permitting
programs do not interfere with
attainment and maintenance of the
NAAQS. As stated in EPA’s 2013
Guidance, the CAA allows EPA to
approve infrastructure SIP submissions
that do not implement the 2002 NSR
Reform Rules. Therefore, EPA is not
proposing action on existing NSR
Reform regulations for Ohio. EPA
proposes that Ohio has met the minor
NSR requirements of section
110(a)(2)(C) with respect to the 2015
ozone NAAQS.
3. PSD
The evaluation of each state’s
submission addressing the PSD
requirements of section 110(a)(2)(C)
covers: A. PSD provisions that explicitly
identify NOX as a precursor to ozone in
the PSD program; b. identification of
precursors to PM2.5 4 and the
identification PM2.5 and PM10 5
condensables in the PSD program; c.
PM2.5 increments in the PSD program;
and d. greenhouse gas (GHG) permitting
and the ‘‘Tailoring Rule’’ in the PSD
program.6 Some PSD requirements
under section 110(a)(2)(C) overlap with
elements of section 110(a)(2)(D)(i),
section 110(a)(2)(E), and section
110(a)(2)(J). These links will be
discussed in the appropriate areas
below.
4 PM
2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers,
oftentimes referred to as ‘‘fine’’ particles.
5 PM
10 refers to particles with an aerodynamic
diameter of less than or equal to 10 micrometers.
6 In EPA’s April 28, 2011, proposed rulemaking
for infrastructure SIPs for the 1997 ozone and PM2.5
NAAQS, we stated that each state’s PSD program
must meet applicable requirements for evaluation of
all regulated NSR pollutants in PSD permits (see 76
FR 23757 at 23760). This view was reiterated in
EPA’s August 2, 2012, proposed rulemaking for
infrastructure SIPs for the 2006 PM2.5 NAAQS (see
77 FR 45992 at 45998). In other words, if a state
lacks provisions needed to adequately address NOX
as a precursor to ozone, PM2.5 precursors, PM2.5 and
PM10 condensables, PM2.5 increments, or the
Federal GHG permitting thresholds, the provisions
of section 110(a)(2)(C) requiring a suitable PSD
permitting program must be considered not to be
met irrespective of the NAAQS that triggered the
requirement to submit an infrastructure SIP,
including the 2015 ozone NAAQS.
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a. PSD Provisions that explicitly
identify NOX as a precursor to ozone in
the PSD program.
EPA’s ‘‘Final Rule to Implement the 8Hour Ozone National Ambient Air
Quality Standard—Phase 2; Final Rule
to Implement Certain Aspects of the
1990 Amendments Relating to New
Source Review and Prevention of
Significant Deterioration as They Apply
in Carbon Monoxide, Particulate Matter,
and Ozone NAAQS; Final Rule for
Reformulated Gasoline’’ (Phase 2 Rule)
was published on November 29, 2005
(see 70 FR 71612). Among other
requirements, the Phase 2 Rule
obligated states to revise their PSD
programs to explicitly identify NOX as
a precursor to ozone (70 FR 71612 at
71679, 71699–71700). This requirement
was codified in 40 CFR 51.166.7
The Phase 2 Rule required that states
submit SIP revisions incorporating the
requirements of the rule, including
these specific NOX as a precursor to
ozone provisions, by June 15, 2007 (70
FR 71612 at 71683, November 29, 2005).
EPA approved revisions to Ohio’s
PSD SIP reflecting these requirements
on October 28, 2014 (79 FR 64119), and
therefore proposes to find that Ohio has
met this set of infrastructure SIP
requirements of section 110(a)(2)(C)
with respect to the 2015 ozone NAAQS.
b. Identification of precursors to PM2.5
and the identification of PM2.5 and PM10
condensables in the PSD program.
On May 16, 2008 (see 73 FR 28321),
EPA issued the Final Rule on the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (2008 NSR Rule). The 2008
NSR Rule finalized several new
requirements for SIPs to address sources
that emit direct PM2.5 and other
pollutants that contribute to secondary
PM2.5 formation. One of these
requirements is for NSR permits to
address pollutants responsible for the
secondary formation of PM2.5, otherwise
known as precursors. In the 2008 rule,
EPA identified precursors to PM2.5 for
the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state
demonstrates to the Administrator’s
satisfaction or EPA demonstrates that
NOX emissions in an area are not a
significant contributor to that area’s
ambient PM2.5 concentrations). The
2008 NSR Rule also specifies that VOCs
are not considered to be precursors to
PM2.5 in the PSD program unless the
state demonstrates to the
Administrator’s satisfaction or EPA
demonstrates that emissions of VOCs in
an area are significant contributors to
7 Similar
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changes were codified in 40 CFR 52.21.
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that area’s ambient PM2.5
concentrations.
The explicit references to SO2, NOX,
and VOCs as they pertain to secondary
PM2.5 formation are codified at 40 CFR
51.166(b)(49)(i)(b) and 40 CFR
52.21(b)(50)(i)(b). As part of identifying
pollutants that are precursors to PM2.5,
the 2008 NSR Rule also required states
to revise the definition of ‘‘significant’’
as it relates to a net emissions increase
or the potential of a source to emit
pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i) define ‘‘significant’’ for
PM2.5 to mean the following emissions
rates: 10 tons per year (tpy) of direct
PM2.5; 40 tpy of SO2; and 40 tpy of NOX
(unless the state demonstrates to the
Administrator’s satisfaction or EPA
demonstrates that NOX emissions in an
area are not a significant contributor to
that area’s ambient PM2.5
concentrations). The deadline for states
to submit SIP revisions to their PSD
programs incorporating these changes
was May 16, 2011 (73 FR 28321 at
28341, May 16, 2008).8
The 2008 NSR Rule did not require
states to immediately account for gases
that could condense to form particulate
matter, known as condensables, in PM2.5
and PM10 emission limits in NSR
permits. Instead, EPA determined that
states had to account for PM2.5 and PM10
condensables for applicability
determinations and in establishing
emissions limitations for PM2.5 and
8 EPA notes that on January 4, 2013, the U.S.
Court of Appeals for the D.C. Circuit, in Natural
Resources Defense Council v. EPA, 706 F.3d 428
(D.C. Cir.), held that EPA should have issued the
2008 NSR Rule in accordance with the CAA’s
requirements for PM10 nonattainment areas (Title I,
part D, subpart 4), and not the general requirements
for nonattainment areas under subpart 1 (Natural
Resources Defense Council v. EPA, No. 08–1250).
As the subpart 4 provisions apply only to
nonattainment areas, EPA does not consider the
portions of the 2008 rule that address requirements
for PM2.5 attainment and unclassifiable areas to be
affected by the court’s opinion. Moreover, EPA does
not anticipate the need to revise any PSD
requirements promulgated by the 2008 NSR rule in
order to comply with the court’s decision.
Accordingly, EPA’s approval of Ohio’s
infrastructure SIP as to elements (C), (D)(i)(II), or (J)
with respect to the PSD requirements promulgated
by the 2008 implementation rule does not conflict
with the court’s opinion.
The Court’s decision with respect to the
nonattainment NSR requirements promulgated by
the 2008 implementation rule also does not affect
EPA’s action on the present infrastructure action.
EPA interprets the CAA to exclude nonattainment
area requirements, including requirements
associated with a nonattainment NSR program,
from infrastructure SIP submissions due three years
after adoption or revision of a NAAQS. Instead,
these elements are typically referred to as
nonattainment SIP or attainment plan elements,
which would be due by the dates statutorily
prescribed under subpart 2 through 5 under part D,
extending as far as 10 years following designations
for some elements.
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SIP requirements of section 110(a)(2)(C)
with respect to the 2015 ozone NAAQS.
d. GHG permitting and the ‘‘Tailoring
Rule’’ in the PSD program.
With respect to the requirements of
section 110(a)(2)(C) as well as section
110(a)(2)(J), EPA interprets the CAA to
require each state to make an
infrastructure SIP submission for a new
or revised NAAQS that demonstrates
that the state has a complete PSD
permitting program meeting the current
requirements for all regulated NSR
pollutants. The requirements of element
D(i)(II) may also be satisfied by
demonstrating the air agency has a
complete PSD permitting program
correctly addressing all regulated NSR
pollutants. Ohio currently has a SIPapproved PSD program in place that
covers all regulated NSR pollutants.
Ohio has shown that it currently has a
PSD program in place that covers all
regulated NSR pollutants, including
GHGs.
On June 23, 2014, the United States
Supreme Court issued a decision
addressing the application of PSD
permitting requirements to GHG
emissions. Utility Air Regulatory Group
v. Environmental Protection Agency,
134 S.Ct. 2427. The Supreme Court said
that EPA may not treat GHGs as an air
pollutant for purposes of determining
whether a source is a major source
required to obtain a PSD permit. The
Court also said that EPA could continue
to require that PSD permits, otherwise
TABLE 1—PM2.5 INCREMENTS ESTAB- required based on emissions of
LISHED BY THE 2010 NSR RULE IN pollutants other than GHGs, contain
limitations on GHG emissions based on
MICROGRAMS PER CUBIC METER
the application of Best Available
Control Technology (BACT).
Annual
24-hour
In accordance with the Supreme
arithmetic
max
Court decision, on April 10, 2015, the
mean
U.S. Court of Appeals for the District of
Class I ...................
1
2 Columbia Circuit (the D.C. Circuit)
Class II ..................
4
9 issued an amended judgment vacating
Class III .................
8
18
the regulations that implemented Step 2
of EPA’s PSD and Title V Greenhouse
The 2010 NSR Rule also established a Gas Tailoring Rule, but not the
new ‘‘major source baseline date’’ for
regulations that implement Step 1 of
PM2.5 as October 20, 2010, and a new
that rule. Step 1 of the Tailoring Rule
trigger date for PM2.5 as October 20,
covers sources that are required to
2011. These revisions are codified in 40 obtain a PSD permit based on emissions
CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), of pollutants other than GHGs. Step 2
and 40 CFR 52.21(b)(14)(i)(c) and
applied to sources that emitted only
(b)(14)(ii)(c). Lastly, the 2010 NSR Rule
GHGs above the thresholds triggering
revised the definition of ‘‘baseline area’’ the requirement to obtain a PSD permit.
to include a level of significance of 0.3
The amended judgment preserves,
micrograms per cubic meter, annual
without the need for additional
average, for PM2.5. This change is
rulemaking by EPA, the application of
codified in 40 CFR 51.166(b)(15)(i) and
the BACT requirement to GHG
40 CFR 52.21(b)(15)(i).
emissions from Step 1 or ‘‘anyway’’
EPA approved revisions to Ohio’s
sources. With respect to Step 2 sources,
PSD SIP reflecting these requirements
the D.C. Circuit’s amended judgment
on October 28, 2014 (79 FR 64119), and
vacated the regulations at issue in the
therefore EPA proposes to find that
litigation, including 40 CFR
Ohio has met this set of infrastructure
51.166(b)(48)(v), ‘‘to the extent they
PM10 in PSD permits beginning on or
after January 1, 2011. This requirement
is codified in 40 CFR 51.166(b)(49)(i)(a)
and 40 CFR 52.21(b)(50)(i)(a). Revisions
to states’ PSD programs incorporating
the inclusion of condensables were
required be submitted to EPA by May
16, 2011 (73 FR 28321 at 28341, May 16,
2008).
EPA approved revisions to Ohio’s
PSD SIP reflecting these requirements
on October 28, 2014 (79 FR 64119), and
therefore EPA proposes to find that
Ohio has met this set of infrastructure
SIP requirements of section 110(a)(2)(C)
with respect to the 2015 ozone NAAQS.
c. PM2.5 increments in the PSD
program.
On October 20, 2010, EPA issued the
final rule on the ‘‘Prevention of
Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC)’’ (2010 NSR Rule). This rule
established several components for
making PSD permitting determinations
for PM2.5, including a system of
‘‘increments’’ which is the mechanism
used to estimate significant
deterioration of ambient air quality for
a pollutant. These increments are
codified in 40 CFR 51.166(c) and 40
CFR 52.21(c), and are included in the
table below.
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require a stationary source to obtain a
PSD permit if greenhouse gases are the
only pollutant (i) that the source emits
or has the potential to emit above the
applicable major source thresholds, or
(ii) for which there is a significant
emission increase from a modification.’’
EPA is planning to take additional
steps to revise Federal PSD rules in light
of the Supreme Court opinion and
subsequent D.C. Circuit judgment. Some
states have begun to revise their existing
SIP-approved PSD programs in light of
these court decisions, and some states
may prefer not to initiate this process
until they have more information about
the planned revisions to EPA’s PSD
regulations. EPA is not expecting states
to have revised their PSD programs in
anticipation of EPA’s planned actions to
revise its PSD program rules in response
to the court decisions. For purposes of
infrastructure SIP submissions, EPA is
only evaluating such submissions to
assure that the state’s program addresses
GHGs consistent with both court
decisions.
On February 14, 2020, EPA updated
the Ohio SIP to include revised PSD
rules reflecting the Supreme Court
decision and D.C. Circuit judgement,
and preserving PSD permitting
requirements for GHGs for ‘‘anyway’’
sources (see 85 FR 8406). EPA proposes
to find that the Ohio SIP is sufficient to
satisfy Elements (C), (D)(i)(II), and (J)
with respect to GHGs. This is because
the PSD permitting program previously
approved by EPA into the SIP continues
to require that PSD permits issued to
‘‘anyway sources’’ contain limitations
on GHG emissions based on the
application of BACT.
D. Section 110(a)(2)(D)—Interstate
Transport
Section 110(a)(2)(D)(i)(I) requires SIPs
to include provisions prohibiting any
source or other type of emissions
activity in one state from contributing
significantly to nonattainment, or
interfering with maintenance, of the
NAAQS in another state. Section
110(a)(2)(D)(i)(II) requires SIPs to
include provisions prohibiting any
source or other type of emissions
activity in one state from interfering
with measures required of any other
state to prevent significant deterioration
of air quality, or from interfering with
measures required of any other state to
protect visibility. Section 110(a)(2)(D)(ii)
requires each SIP to contain adequate
provisions requiring compliance with
the applicable requirements of section
126 and section 115 (relating to
interstate and international pollution
abatement, respectively).
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1. Significant Contribution to
Nonattainment
In this rulemaking, EPA is not
evaluating section 110(a)(2)(D)(i)(I)
requirements relating to significant
contribution to nonattainment for the
2015 ozone NAAQS. Instead, EPA will
evaluate these requirements in a
separate rulemaking.
2. Interference With Maintenance
In this rulemaking, EPA is not
evaluating section 110(a)(2)(D)(i)(I)
requirements relating to interference
with maintenance for the 2015 ozone
NAAQS. Instead, EPA will evaluate
these requirements in a separate
rulemaking.
3. Interference With PSD
EPA notes that Ohio’s satisfaction of
the applicable infrastructure SIP PSD
requirements for the 2015 ozone
NAAQS has been detailed in the section
addressing section 110(a)(2)(C). EPA
further notes that the proposed actions
in that section related to PSD are
consistent with the proposed actions
related to PSD for section
110(a)(2)(D)(i)(II), and they are reiterated
below.
EPA has previously approved
revisions to Ohio’s SIP that meet certain
requirements obligated by the Phase 2
Rule and the 2008 NSR Rule. These
revisions included provisions that:
Explicitly identify NOX as a precursor to
ozone, explicitly identify SO2 and NOX
as precursors to PM2.5, and regulate
condensable PM2.5 and PM10 in
applicability determinations and
establishing emissions limits. EPA has
also previously approved revisions to
Ohio’s SIP that incorporate the PM2.5
increments and the associated
implementation regulations including
the major source baseline date, trigger
date, and level of significance for PM2.5
per the 2010 NSR Rule. EPA is
proposing to find that Ohio’s SIP
contains provisions that adequately
address the 2015 ozone NAAQS.
States also have an obligation to
ensure that sources located in
nonattainment areas do not interfere
with a neighboring state’s PSD program.
One way that this requirement can be
satisfied is through an NNSR program
consistent with the CAA that addresses
any pollutants for which there is a
designated nonattainment area within
the state.
Ohio’s EPA-approved NNSR
regulations are contained in OAC
Chapter 3745–31 and are consistent
with 40 CFR 51.165. Therefore, EPA
proposes to find that Ohio has met all
of the applicable section
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110(a)(2)(D)(i)(II) requirements relating
to interference with PSD for the 2015
ozone NAAQS.
4. Interference With Visibility
Protection
With regard to the applicable
requirements for visibility protection of
section 110(a)(2)(D)(i)(II), states are
subject to visibility and regional haze
program requirements under part C of
the CAA (which includes sections 169A
and 169B). EPA’s 2013 Guidance states
that these requirements can be satisfied
by an approved SIP addressing
reasonably attributable visibility
impairment, if required, or an approved
SIP addressing regional haze.
On May 10, 2018, EPA published its
final approval of Ohio’s regional haze
plan (see 83 FR 21719). Therefore, EPA
proposes to find that Ohio has met all
applicable section 110(a)(2)(D)(i)(II)
requirements relating to interference
with visibility protection for the 2015
ozone NAAQS.
5. Interstate and International Pollution
Abatement
Section 110(a)(2)(D)(ii) requires each
SIP to contain adequate provisions
requiring compliance with the
applicable requirements of section 126
and section 115 (relating to interstate
and international pollution abatement,
respectively). Section 126(a) requires
new or modified sources to notify
neighboring states of potential impacts
from the source. The statute does not
specify the method by which the source
should provide the notification. States
with SIP-approved PSD programs must
have a provision requiring such
notification by new or modified sources.
A lack of such a requirement in state
rules would be grounds for disapproval
of this element.
Ohio has provisions in its EPAapproved PSD program in OAC 3745–
31–06(H)(2) requiring new or modified
sources to notify neighboring states of
potential negative air quality impacts.
Ohio’s submission references these
provisions as being adequate to meet the
requirements of section 126(a). Ohio
does not have any obligations under any
other subsection of section 126, nor
does it have any pending obligations
under section 115. Therefore, EPA is
proposing to find that Ohio has met all
applicable section 110(a)(2)(D)(ii)
requirements for the 2015 ozone
NAAQS.
E. Section 110(a)(2)(E)—Adequate
Resources; State Board Requirements
This section requires each state to
provide for adequate personnel,
funding, and legal authority under state
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law to carry out its SIP, and related
issues. Section 110(a)(2)(E)(ii) also
requires each state to comply with the
requirements respecting state boards
under section 128.
1. Adequate Resources
To satisfy the adequate resources
requirements of section 110(a)(2)(E), the
state should explain in the
infrastructure SIP submission how
resources and personnel and legal
authority are adequate and provide any
additional assurances needed to meet
changes in resource requirements by the
new or revised NAAQS.
Ohio’s biennial budget and its
environmental performance partnership
agreement with EPA document funding
and personnel levels for OEPA every
two years. OEPA has demonstrated that
it retains adequate personnel to
administer its air quality management
program. As discussed in an earlier
section, ORC 3704.03 provides the legal
authority under state law to carry out
the SIP. EPA proposes that Ohio has met
the infrastructure SIP requirements of
this portion of section 110(a)(2)(E) with
respect to the 2015 ozone NAAQS.
2. State Board Requirements
Section 110(a)(2)(E) also requires each
SIP to contain provisions that comply
with the state board requirements of
section 128 of the CAA. That provision
contains two explicit requirements: (i)
That any board or body which approves
permits or enforcement orders under
this chapter shall have at least a
majority of members who represent the
public interest and do not derive any
significant portion of their income from
persons subject to permits and
enforcement orders under this chapter,
and (ii) that any potential conflicts of
interest by members of such board or
body or the head of an executive agency
with similar powers be adequately
disclosed.
Ohio does not have a board that has
the authority to approve enforcement
orders or permitting actions as outlined
in section 128(a)(1) of the CAA; instead,
this authority rests with the Director of
OEPA. Therefore, section 128(a)(1) of
the CAA is not applicable in Ohio.
Under section 128(a)(2), the head of
the executive agency with the power to
approve enforcement orders or permits
must adequately disclose any potential
conflicts of interest. OEPA notes that
EPA has previously approved
provisions into Ohio’s SIP addressing
these requirements (46 FR 57490).
Notably, ORC 102: Public Officers—
Ethics contains provisions that require
the Director of OEPA (and his/her
delegate) to file an annual statement
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with the ethics committee including
potential conflicts of interest;
furthermore, this annual filing is subject
to public inspection. Therefore, EPA
proposes to find that Ohio has met the
applicable infrastructure SIP
requirements of this portion of
110(a)(2)(E) with respect to the 2015
ozone NAAQS.
F. Section 110(a)(2)(F)—Stationary
Source Monitoring System
Section 110(a)(2)(F) contains several
requirements, each of which are
described below.
1. Installation, maintenance,
replacement of equipment, and other
necessary steps by owners or operators
of stationary sources to monitor
emissions from such sources.
EPA’s rules regarding how SIPs need
to address requirements for source
monitoring are contained in 40 CFR
51.212 (‘‘Testing, inspection,
enforcement, and compliance’’). This
EPA regulation requires SIPs to provide
for a program of periodic testing and
inspection of stationary sources, to
provide for the identification of
allowable test methods, and to exclude
any provision that would prevent the
use of any credible evidence of
noncompliance.
The requirements for Ohio source
testing of air contaminants are found in
SIP-approved OAC 3745–15 along with
general provisions that include
submitting of emissions reports and
measurement of emissions. SIPapproved OAC rule 3745–21–03
addresses methods of ambient air
measurements for ozone. SIP-approved
OAC Chapters 3745–77 and 3745–31
provide requirements for recordkeeping
by sources. Ohio has the authority
under SIP-approved ORC 3704.03(I) to
require owners or operators of air
contaminant sources to install, employ,
maintain and operate such emissions,
ambient air quality, meteorological, or
other monitoring devices or methods as
the Director of OEPA shall prescribe; to
sample those emissions at such
locations, at such intervals, and in such
manner as the Director of OEPA
prescribes; to maintain records and file
periodic reports with the Director of
OEPA containing information as to
location, size, and height of emission
outlets, rate, duration, and composition
of emissions, and any other pertinent
information the Director of OEPA
prescribes; and to provide such written
notice to other states as the Director of
OEPA shall prescribe. Ohio does not
have any provisions preventing the use
of any credible evidence.
Hundreds of emission tests are
performed throughout Ohio each year.
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OEPA District Offices and local air
agencies are currently required to
witness 50% of all source emissions
testing and review 100% of all
emissions tests (fulfilling the correlation
requirement of sub-element 3 discussed
below). Presently, 290 Ohio sources
employ 738 continuous monitoring
systems for various air pollutants. OEPA
oversees the operation and certification
of these systems and routinely provides
quarterly summary reports to EPA.
These reports are also available for
public inspection (partially fulfilling the
public inspection component of subelement 3 discussed below).
Based on the above, EPA proposes to
find that Ohio has met the infrastructure
SIP requirements of section
110(a)(2)(F)(i) with respect to the 2015
ozone standard.
2. Periodic reports on the nature and
amounts of emissions and emissionsrelated data from stationary sources.
To address periodic reporting
requirements, the infrastructure SIP
submission should include air agency
requirements providing for periodic
reporting of emissions and emissionsrelated data by sources to the air agency,
as required by the following emissions
reporting requirements: 40 CFR 51.211
(‘‘Emissions reports and
recordkeeping’’); 40 CFR 51.321 through
51.323 (‘‘Source Emissions and State
Action Reporting’’); and EPA’s Air
Emissions Reporting Rule, 40 CFR part
51, subpart A (‘‘Air Emissions Reporting
Requirements’’).9 The section 51.321
requirement that emissions reports from
states be made through the appropriate
EPA Regional Office has been
superseded in practice, as these data are
now to be reported electronically
through a centralized data portal
pursuant to 40 CFR 51.45(b), which
refers to the website https://
www.epa.gov/ttn/chief which was
moved to https://www.epa.gov/chief for
the latest information on data reporting
procedures. All states have existing
periodic source reporting of emissions
and emission inventory reporting
practices. Thus, for any new or revised
NAAQS, the infrastructure SIP may be
able to certify existing authority and
commitments and provide any
additional assurance needed to meet
changes in reporting and inventory
requirements associated with the new or
revised NAAQS.
OEPA has reporting requirements
consistent with 40 CFR 51.211, 40 CFR
51.321 to 323, and 40 CFR part 51,
subpart A. Under Title V of the CAA,
9 40 CFR 51.321 through 51.323 nominally
address emission reporting but merely crossreference to subpart A.
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facilities that have the potential to emit
certain amounts of air pollution are
required to apply for and obtain a statefederal operating permit and pay
emission fees. In Ohio, facilities are
required to file on April 15th of each
year. The Fee Emissions Report (FER)
requirements are outlined in ORC
3745.11 and OAC rule 3745–78–02.
Facilities are required to apply for and
obtain an air pollution control operating
permit and submit an annual emissions
report for estimated actual facility wide
emissions of particulate matter (PM),
SO2, NOX, organic compounds (OC),
lead, carbon monoxide (CO), and
ammonia (NH3) no later than April 15th
for the previous year. Also, OEPA has
the authority under OAC 3745–15–03 to
request and receive the information
from regulated entities. Ohio provides
an Emission Inventory Summary (EIS)
to EPA to develop an annual criteria and
toxic pollutant inventory pursuant to 40
CFR 51.321. Beginning with the
calendar year 2006 inventory, all Ohio
Title V and synthetic minor facilities are
required to file a complete inventory.
Pollutants required to be reported in the
EIS are: NOX, VOC, SO2, Lead, OC, CO,
NH3, PM-condensable, PM-filterable,
PM10-filterable, and PM2.5-filterable.
Based on the above, EPA proposes to
find that Ohio has met the infrastructure
SIP requirements of section
110(a)(2)(F)(ii) with respect to the 2015
ozone standard.
3. Correlation of emissions reports by
the State agency with any applicable
emission limitations or standards,
reports shall be available at reasonable
times for public inspection.
For this sub-element, the
infrastructure SIP submission should
reference and describe existing air
agency requirements that have been
approved into the SIP by EPA, or
include air agency requirements being
newly submitted, that provide for the
following: (1) Correlation 10 by the air
agency of emissions reports by sources
with applicable emission limitations or
standards; and (2) the public availability
of emission reports by sources. Under
40 CFR part 51 subpart G, 40 CFR
51.116 (‘‘Data availability’’), contains
the requirements for correlating data.
Correlation with applicable emissions
limitations or standards is relevant only
for those reports of source emissions
that reflect the test method(s) and
averaging period(s) specified in
applicable emission limitations or
10 As defined in 40 CFR 51.116(c), the term
‘‘correlated’’ means ‘‘presented in such a manner as
to show the relationship between measured or
estimated amounts of emissions and the amounts of
such emissions allowable under the applicable
emission limitations or other measures.’’
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standards. Thus, source reports of
annual, ozone season, or summer day
emissions used by the air agency to
create the annual and triennial emission
inventory submission to EPA under 40
CFR part 51 subpart A in general would
not need to be correlated with specific
emission limitations or standards, as
many sources do not have applicable
emission limitations defined for those
averaging periods. However, if the
sources have applicable emissions
limitations that are defined for these
averaging periods, then they would
need to be correlated.
As stated previously, OEPA District
Offices and local air agencies are
currently required to review 100% of all
source emissions tests fulfilling the
correlation requirement of this subelement. Also as stated previously,
OEPA has reporting requirements
consistent with 40 CFR 51.211, 40 CFR
51–321 to 323, and 40 CFR part 51,
subpart A. Ohio’s source emission
reports are available upon request by
EPA or other interested parties.
Additionally, EIS Data and Reports can
be downloaded from the OEPA website
at https://www.epa.ohio.gov/dapc/
aqmp/eiu/eis#126013925-download-eisdata-and-reports. Based on the above,
EPA proposes to find that Ohio has met
the infrastructure SIP requirements of
section 110(a)(2)(F)(iii) with respect to
the 2015 ozone standard.
G. Section 110(a)(2)(G)—Emergency
Powers
This section requires that a plan
provide for authority that is analogous
to what is provided in section 303 of the
CAA, and adequate contingency plans
to implement such authority. EPA’s
2013 Guidance states that infrastructure
SIP submissions should specify
authority, rested in an appropriate
official, to restrain any source from
causing or contributing to emissions
which present an imminent and
substantial endangerment to public
health or welfare, or the environment.
The regulations at OAC 3745–25
contain provisions which allow the
Director of OEPA to determine the
conditions that comprise air pollution
alerts, warnings, and emergencies.
Moreover, the rules contained in OAC
3745–25 provide the requirement to
implement emergency action plans in
the event of an air quality alert or
higher. Based on the above, EPA
proposes to find that Ohio has met the
applicable infrastructure SIP
requirements of section 110(a)(2)(G)
related to authority to implement
measures to restrain sources from
causing or contributing to emissions
which present an imminent and
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substantial endangerment to public
health or welfare, or the environment
with respect to the 2015 ozone NAAQS.
H. Section 110(a)(2)(H)—Future SIP
Revisions
This section requires states to have
the authority to revise their SIPs in
response to changes in the NAAQS,
availability of improved methods for
attaining the NAAQS, or to an EPA
finding that the SIP is substantially
inadequate. As previously mentioned,
ORC 3704.03 provides the Director of
OEPA with the authority to develop
rules and regulations necessary to meet
ambient air quality standards in all
areas in the state as expeditiously as
practicable, but not later than any
deadlines applicable under the CAA.
ORC 3704.03 also provides the Director
of OEPA with the authority to develop
programs for the prevention, and
abatement of air pollution. Based on the
above, EPA proposes to find that Ohio
has met the infrastructure SIP
requirements of section 110(a)(2)(H)
with respect to the 2015 ozone NAAQS.
I. Section 110(a)(2)(I)—Nonattainment
Area Plan or Plan Revisions Under Part
D
The CAA requires that each plan or
plan revision for an area designated as
a nonattainment area meet the
applicable requirements of part D of the
CAA. Part D relates to nonattainment
areas. EPA has determined that section
110(a)(2)(I) is not applicable to the
infrastructure SIP process. Instead, EPA
takes action on part D attainment plans
through separate processes.
J. Section 110(a)(2)(J)—Consultation
With Government Officials; Public
Notifications; PSD; Visibility Protection
The evaluation of the submissions
from Ohio with respect to the
requirements of section 110(a)(2)(J) are
described below.
1. Consultation With Government
Officials
States must provide a process for
consultation with local governments
and Federal Land Managers (FLMs)
carrying out NAAQS implementation
requirements.
OEPA actively participates in the
regional planning efforts that include
state rule developers, representatives
from the FLMs, and other affected
stakeholders. Additionally, Ohio is an
active member of the Lake Michigan Air
Directors Consortium, which consists of
collaboration with the States of Illinois,
Indiana, Wisconsin, Michigan, and
Minnesota. OAC 3745–31–06 is a SIPapproved rule which requires
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notification and the availability of
public participation related to NSR
actions; notification is provided to the
general public, executives of the city or
county where the source is located,
other state or local air pollution control
agencies, regional land use planning
agencies, and FLMs. OAC 3704.03(K) is
a SIP-approved rule that requires OEPA
give reasonable public notice and
conduct public hearings on any plans
for the prevention, control, and
abatement of air pollution that the
Director of OEPA is required to submit
to EPA. Based on the above, EPA
proposes to find that Ohio has met the
infrastructure SIP requirements of this
portion of section 110(a)(2)(J) with
respect to the 2015 ozone NAAQS.
2. Public Notification
Section 110(a)(2)(J) requires states to
notify the public if NAAQS are
exceeded in an area and to enhance
public awareness of measures that can
be taken to prevent exceedances.
OEPA maintains portions of its
website specifically for issues related to
the 2015 ozone NAAQS.11 OEPA’s
remote air data system (RADS) provides
online reports of real time air quality
data on the internet and feeds raw
information to EPA’s AIRNOW program.
OEPA also prepares annual data reports
from its complete monitoring network.
Based on the above, EPA proposes to
find that Ohio has met the infrastructure
SIP requirements of this portion of
section 110(a)(2)(J) with respect to the
2015 ozone NAAQS.
3. PSD
States must meet applicable
requirements of section 110(a)(2)(C)
related to PSD. OEPA’s PSD program in
the context of infrastructure SIPs has
already been discussed above in the
paragraphs addressing section
110(a)(2)(C) and 110(a)(2)(D)(i)(II), and
EPA has determined that that the
proposed actions for those sections are
consistent with the proposed actions for
this portion of section 110(a)(2)(J).
Therefore, EPA proposes to find that
Ohio has met all of the infrastructure
SIP requirements for PSD associated
with section 110(a)(2)(J) for the 2015
ozone NAAQS.
L. Section 110(a)(2)(L)—Permitting Fees
States are subject to visibility and
regional haze program requirements
under part C of the CAA (which
includes sections 169A and 169B). In
the event of the establishment of a new
NAAQS, however, the visibility and
regional haze program requirements
under part C do not change. Thus, we
find that there is no new visibility
obligation ‘‘triggered’’ under section
110(a)(2)(J) when a new NAAQS
becomes effective. In other words, EPA
has determined that the visibility
protection requirements of section
110(a)(2)(J) are not germane to
infrastructure SIPs for the 2015 ozone
NAAQS.
This section requires SIPs to mandate
each major stationary source to pay
permitting fees to cover the cost of
reviewing, approving, implementing,
and enforcing a permit. OEPA
implements and operates the title V
permit program, which EPA approved
on August 15, 1995 (60 FR 42045);
revisions to the program were approved
on November 20, 2003 (68 FR 65401).
Additional rules that contain the
provisions, requirements, and structures
associated with the costs for reviewing,
approving, implementing, and enforcing
various types of permits can be found in
ORC 3745.11 and OAC rule 3745–78–
02. Based on the above, EPA proposes
to find that Ohio has met the
infrastructure SIP requirements of
section 110(a)(2)(L) with respect to the
2015 ozone NAAQS.
K. Section 110(a)(2)(K)—Air Quality
Modeling/Data
M. Section 110(a)(2)(M)—Consultation/
Participation by Affected Local Entities
SIPs must provide for air quality
modeling for predicting effects on air
quality of emissions from any NAAQS
pollutant and submission of such data
to EPA upon request. OEPA reviews the
potential impact of all major and some
minor new and modified sources using
computer model simulations consistent
with 40 CFR part 51, appendix W,
Guidelines on Air Quality Models. The
regulatory requirements related to PSD
modeling can be found in SIP-approved
rule OAC 3745–31–18, and Ohio’s
authority to require modeling conducted
by other entities, e.g., applicants, and
the state’s authority to perform
modeling for attainment demonstrations
can be found in SIP-approved ORC
3704.03(F). Ohio also develops areawide air quality modeling related to
attainment demonstrations. Ohio’s
authority to conduct this type of
modeling lies within SIP-approved ORC
3704.03(A), (C), (E), (N) and (X). These
modeling data are available to EPA or
other interested parties upon request.
Based on the above, EPA proposes to
find that Ohio has met the infrastructure
SIP requirements of section 110(a)(2)(K)
with respect to the 2015 ozone NAAQS.
States must consult with and allow
participation from local political
subdivisions affected by the SIP. OEPA
follows approved procedures for
allowing public participation, consistent
with SIP-approved OAC 3745–47.
Consultation with local governments is
authorized through ORC 3704.03(B).
OEPA provides a public participation
process for all stakeholders that
includes a minimum of a 30-day
comment period and opportunity to
request a public hearing for all SIPrelated actions. Based on the above, EPA
proposes to find that Ohio has met the
infrastructure SIP requirements of
section 110(a)(2)(M) with respect to the
2015 ozone NAAQS.
4. Visibility Protection
III. What action is EPA taking?
EPA is proposing to approve most
elements of a submission from Ohio
certifying that its current SIP is
sufficient to meet the infrastructure
requirements in sections 110(a)(1) and
(2) with respect to the 2015 ozone
NAAQS. EPA’s proposed actions for the
state’s satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2) are contained in the table
below.
Element
2015 ozone
NAAQS
(A)—Emission limits and other control measures ...............................................................................................................................
(B)—Ambient air quality monitoring/data system ................................................................................................................................
(C)1—Program for enforcement of control measures .........................................................................................................................
(C)2—PSD ...........................................................................................................................................................................................
(D)1—I Prong 1: Interstate transport—significant contribution ...........................................................................................................
(D)2—I Prong 2: Interstate transport—interfere with maintenance .....................................................................................................
(D)3—II Prong 3: Interstate transport—prevention of significant deterioration ...................................................................................
A
A
A
A
NA
NA
A
11 https://www.epa.ohio.gov/dapc/sip/sip.aspx.
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Element
2015 ozone
NAAQS
(D)4—II Prong 4: Interstate transport—protect visibility ......................................................................................................................
(D)5—Interstate and international pollution abatement .......................................................................................................................
(E)1—Adequate resources ..................................................................................................................................................................
(E)2—State board requirements ..........................................................................................................................................................
(F)1—Monitoring/Testing Source Emissions .......................................................................................................................................
(F)2—Periodic Source Emissions Reports ..........................................................................................................................................
(F)3—Correlation and Public Availability of Source Emissions Reports and Data .............................................................................
(G)—Emergency power .......................................................................................................................................................................
(H)—Future SIP revisions ....................................................................................................................................................................
(I)—Nonattainment planning requirements of part D ..........................................................................................................................
(J)1—Consultation with government officials ......................................................................................................................................
(J)2—Public notification .......................................................................................................................................................................
(J)3—PSD ............................................................................................................................................................................................
(J)4—Visibility protection .....................................................................................................................................................................
(K)—Air quality modeling/data .............................................................................................................................................................
(L)—Permitting fees .............................................................................................................................................................................
(M)—Consultation and participation by affected local entities ............................................................................................................
A
A
A
A
A
A
A
A
A
*
A
A
A
*
A
A
A
In the above table, the key is as
follows:
A ............
NA ..........
* .............
Approve.
No Action/Separate Rulemaking.
Not germane to infrastructure
SIPs.
IV. 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 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
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Dated: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–02743 Filed 3–9–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0165; FRL–10018–
30–Region 6]
Air Approval Plans; Texas; Reasonably
Available Control Technology in the
Houston-Galveston-Brazoria Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve the May 13,
2020 revisions to the Texas State
Implementation Plan (SIP) concerning
Reasonably Available Control
Technology (RACT) requirement for the
Houston-Galveston-Brazoria (HGB),
2008 8-hour ozone National Air Quality
Ambient Air Quality Standards
(NAAQS) nonattainment area (NA). The
HGB area, designated as serious for 2008
8-hour ozone NAAQS, consists of
Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery
and Waller counties. The RACT
requirements apply to sources of
Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX) in this area.
We are also proposing to approve
negative declarations for certain VOC
source categories subject to RACT in the
HGB area.
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Proposed Rules]
[Pages 13671-13679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02743]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0694; FRL-10017-06-Region 5]
Air Plan Approval; Ohio; Infrastructure SIP Requirements for the
2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a state implementation plan (SIP) submission from
Ohio regarding the infrastructure requirements of section 110 of the
Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality
Standards (NAAQS). The infrastructure requirements are designed to
ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA.
DATES: Comments must be received on or before April 9, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0694 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider
[[Page 13672]]
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: Rachel Rineheart, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7017,
[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. This supplementary information
section is arranged as follows:
I. What is the background of this SIP submission?
II. What is EPA's analysis of this SIP submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
These submissions must meet the various requirements of CAA section
110(a)(2), as applicable. Due to ambiguity in some of the language of
CAA section 110(a)(2), EPA believes that it is appropriate to interpret
these provisions in the specific context of acting on infrastructure
SIP submissions. EPA has previously provided comprehensive guidance on
the application of these provisions through our September 13, 2013,
Infrastructure SIP Guidance (EPA's 2013 Guidance) and through regional
actions on infrastructure submissions.\1\ Unless otherwise noted below,
we are following that existing approach in acting on this submission.
In addition, in the context of acting on such infrastructure
submissions, EPA evaluates the submitting state's SIP for facial
compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\2\ EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
---------------------------------------------------------------------------
\1\ EPA explains and elaborates on these ambiguities and its
approach to address them in our September 13, 2013, Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf, as well as in numerous agency actions, including EPA's prior
action on Ohio's infrastructure SIP to address the 2012 fine
particulate matter (PM2.5) NAAQS (81 FR 64072, September
19, 2016).
\2\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug.
30, 2018).
---------------------------------------------------------------------------
II. What is EPA's analysis of this SIP submission?
On September 28, 2018, Ohio provided a detailed synopsis of how
various components of its SIP meet each of the applicable requirements
in section 110(a)(2) for the 2015 ozone NAAQS, as applicable. The
following review evaluates the state's submission.
A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. EPA has long interpreted
emission limits and control measures for attaining the standards as
being due when nonattainment planning requirements are due.\3\ In the
context of an infrastructure SIP, EPA is not evaluating the existing
SIP provisions for this purpose. Instead, EPA is only evaluating
whether the state's SIP has basic structural provisions for the
implementation of the NAAQS.
---------------------------------------------------------------------------
\3\ e.g., EPA's final rule on ``National Ambient Air Quality
Standards for Lead.'' 73 FR 66964 at 67034.
---------------------------------------------------------------------------
Under Ohio Revised Code (ORC) 3704.03, the Ohio Environmental
Protection Agency (OEPA) holds the authority to create new rules and
implement existing emission limits and controls. Authority to monitor,
update, and implement revisions to Ohio's SIP, including revisions to
emission limits and control measures as necessary to meet NAAQS is
contained in ORC 3704.03. Authority related to specific pollutants,
including the establishment of ambient air quality standards and
increments, identification of nonattainment areas, air resource
allocations, and performance and emissions standards, is contained in
ORC 3704.03.
Authority for OEPA to create new rules and regulations is found in
ORC 3704.3. ORC 3704.03(A) and (X) expressly confer rulemaking
authority to the Director of environmental protection. ORC 3704.03(A)
and (E) require that OEPA develop programs and promulgate rules for the
prevention control, and abatement of air pollution. ORC 3704.03(D)
requires that OEPA promulgate ambient air quality standards similar to
the NAAQS.
EPA's 2013 Guidance states that to satisfy section 110(a)(2)(A)
requirements, ``an air agency's submission should identify existing
EPA-approved SIP provisions or new SIP provisions that the air agency
has adopted and submitted for EPA approval that limit emissions of
pollutants relevant to the subject NAAQS, including precursors of the
relevant NAAQS pollutant where applicable.'' OEPA identified existing
controls and emission limits in the Ohio Administrative Code that can
be applied to the 2015 ozone NAAQS. These regulations include controls
and emission limits for volatile organic compounds (VOC) and nitrogen
oxides (NOX), which are precursors to ozone. VOC as an ozone
precursor is controlled by Ohio Administrative Code (OAC) 3745-14, and
NOX as an ozone precursor is controlled by OAC 3745-21.
In this rulemaking, EPA is not proposing to approve any new
provisions in OAC 3745 that have not been previously approved by EPA.
EPA is also not proposing to approve or disapprove any existing state
provisions or rules regulated to start-up, shutdown or malfunction or
director's discretion in the context of section 110(a)(2)(A). EPA has
determined that Ohio's SIP provides the required basic structural
provisions for the implementation of the NAAQS and proposes to find
that Ohio has met the infrastructure SIP requirements of section
110(a)(2)(A) with respect to the 2015 ozone NAAQS.
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System
This section requires SIPs to include provisions to establish and
operate ambient air quality monitors, collect and analyze ambient air
quality data, and make these data available to EPA upon request. The
review of the annual monitoring plan includes EPA's determination that
the state: (i) Monitors air quality at appropriate locations throughout
the state using EPA-approved Federal Reference Methods or Federal
Equivalent Method monitors; (ii) submits data to EPA's Air Quality
System (AQS) in a timely manner; and,
[[Page 13673]]
(iii) provides EPA Regional Offices with prior notification of any
planned changes to monitoring sites or the network plan.
In accordance with 40 CFR part 53 and 40 CFR part 58, OEPA
continues to operate an air monitoring network, which is used to
determine compliance with the NAAQS. OEPA enters air monitoring data
into AQS, and the state provides EPA with prior notification when
changes to its monitoring network or plan are being considered.
Further, OEPA submits annual monitoring network plans to EPA. EPA
approved the state's 2020-2021 Annual Air Monitoring Network Plan on
September 23, 2020, including the plan for the State's ozone monitoring
network. EPA proposes that Ohio has met the infrastructure SIP
requirements of section 110(a)(2)(B) with respect to the 2015 ozone
NAAQS.
C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures;
Minor NSR; PSD
States are required to include a program providing for enforcement
of all SIP measures and the regulation of construction of new or
modified stationary sources to meet new source review (NSR)
requirements under prevention of significant deterioration (PSD) and
nonattainment NSR (NNSR) programs. Part C of the CAA (sections 160-
169B) addresses PSD, while part D of the CAA (sections 171-193)
addresses NNSR requirements. EPA's 2013 Guidance states that the NNSR
requirements of section 110(a)(2)(C) are generally outside the scope of
infrastructure SIPs; however, a state must provide for regulation of
minor sources and minor modifications (minor NSR).
1. Program for Enforcement of Control Measures
A state's infrastructure SIP submission should identify the
statutes, regulations, or other provisions in the SIP that provide for
enforcement of emission limits and control measures. OEPA maintains an
enforcement program to ensure compliance with SIP requirements. OEPA
compiles all air pollution control enforcement settlements in the state
and makes them available for public review on its website. ORC
3704.03(R) provides the Director of OEPA with the authority to
implement the enforcement program as well as the authority to implement
the NSR provisions within OAC 3745-31. EPA proposes that Ohio has met
the enforcement of SIP measures requirements of section 110(a)(2)(C)
with respect to the 2015 ozone NAAQS.
2. Minor NSR
An infrastructure SIP submission should identify the existing EPA-
approved SIP provisions that govern the minor source pre-construction
program that regulates emissions of the relevant NAAQS pollutant. EPA
approved Ohio's minor NSR program on February 21, 2002 (see 67 FR
7954); since that date, OEPA and EPA have relied on the existing minor
NSR program to ensure that new and modified sources not captured by the
major NSR permitting programs do not interfere with attainment and
maintenance of the NAAQS. As stated in EPA's 2013 Guidance, the CAA
allows EPA to approve infrastructure SIP submissions that do not
implement the 2002 NSR Reform Rules. Therefore, EPA is not proposing
action on existing NSR Reform regulations for Ohio. EPA proposes that
Ohio has met the minor NSR requirements of section 110(a)(2)(C) with
respect to the 2015 ozone NAAQS.
3. PSD
The evaluation of each state's submission addressing the PSD
requirements of section 110(a)(2)(C) covers: A. PSD provisions that
explicitly identify NOX as a precursor to ozone in the PSD
program; b. identification of precursors to PM2.5 \4\ and
the identification PM2.5 and PM10 \5\
condensables in the PSD program; c. PM2.5 increments in the
PSD program; and d. greenhouse gas (GHG) permitting and the ``Tailoring
Rule'' in the PSD program.\6\ Some PSD requirements under section
110(a)(2)(C) overlap with elements of section 110(a)(2)(D)(i), section
110(a)(2)(E), and section 110(a)(2)(J). These links will be discussed
in the appropriate areas below.
---------------------------------------------------------------------------
\4\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
\5\ PM10 refers to particles with an aerodynamic
diameter of less than or equal to 10 micrometers.
\6\ In EPA's April 28, 2011, proposed rulemaking for
infrastructure SIPs for the 1997 ozone and PM2.5 NAAQS,
we stated that each state's PSD program must meet applicable
requirements for evaluation of all regulated NSR pollutants in PSD
permits (see 76 FR 23757 at 23760). This view was reiterated in
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In
other words, if a state lacks provisions needed to adequately
address NOX as a precursor to ozone, PM2.5
precursors, PM2.5 and PM10 condensables,
PM2.5 increments, or the Federal GHG permitting
thresholds, the provisions of section 110(a)(2)(C) requiring a
suitable PSD permitting program must be considered not to be met
irrespective of the NAAQS that triggered the requirement to submit
an infrastructure SIP, including the 2015 ozone NAAQS.
---------------------------------------------------------------------------
a. PSD Provisions that explicitly identify NOX as a
precursor to ozone in the PSD program.
EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among
other requirements, the Phase 2 Rule obligated states to revise their
PSD programs to explicitly identify NOX as a precursor to
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was
codified in 40 CFR 51.166.\7\
---------------------------------------------------------------------------
\7\ Similar changes were codified in 40 CFR 52.21.
---------------------------------------------------------------------------
The Phase 2 Rule required that states submit SIP revisions
incorporating the requirements of the rule, including these specific
NOX as a precursor to ozone provisions, by June 15, 2007 (70
FR 71612 at 71683, November 29, 2005).
EPA approved revisions to Ohio's PSD SIP reflecting these
requirements on October 28, 2014 (79 FR 64119), and therefore proposes
to find that Ohio has met this set of infrastructure SIP requirements
of section 110(a)(2)(C) with respect to the 2015 ozone NAAQS.
b. Identification of precursors to PM2.5 and the
identification of PM2.5 and PM10 condensables in
the PSD program.
On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule).
The 2008 NSR Rule finalized several new requirements for SIPs to
address sources that emit direct PM2.5 and other pollutants
that contribute to secondary PM2.5 formation. One of these
requirements is for NSR permits to address pollutants responsible for
the secondary formation of PM2.5, otherwise known as
precursors. In the 2008 rule, EPA identified precursors to
PM2.5 for the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that
NOX emissions in an area are not a significant contributor
to that area's ambient PM2.5 concentrations). The 2008 NSR
Rule also specifies that VOCs are not considered to be precursors to
PM2.5 in the PSD program unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that emissions of
VOCs in an area are significant contributors to
[[Page 13674]]
that area's ambient PM2.5 concentrations.
The explicit references to SO2, NOX, and VOCs
as they pertain to secondary PM2.5 formation are codified at
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of
identifying pollutants that are precursors to PM2.5, the
2008 NSR Rule also required states to revise the definition of
``significant'' as it relates to a net emissions increase or the
potential of a source to emit pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for
PM2.5 to mean the following emissions rates: 10 tons per
year (tpy) of direct PM2.5; 40 tpy of SO2; and 40
tpy of NOX (unless the state demonstrates to the
Administrator's satisfaction or EPA demonstrates that NOX
emissions in an area are not a significant contributor to that area's
ambient PM2.5 concentrations). The deadline for states to
submit SIP revisions to their PSD programs incorporating these changes
was May 16, 2011 (73 FR 28321 at 28341, May 16, 2008).\8\
---------------------------------------------------------------------------
\8\ EPA notes that on January 4, 2013, the U.S. Court of Appeals
for the D.C. Circuit, in Natural Resources Defense Council v. EPA,
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008
NSR Rule in accordance with the CAA's requirements for
PM10 nonattainment areas (Title I, part D, subpart 4),
and not the general requirements for nonattainment areas under
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250).
As the subpart 4 provisions apply only to nonattainment areas, EPA
does not consider the portions of the 2008 rule that address
requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated by
the 2008 NSR rule in order to comply with the court's decision.
Accordingly, EPA's approval of Ohio's infrastructure SIP as to
elements (C), (D)(i)(II), or (J) with respect to the PSD
requirements promulgated by the 2008 implementation rule does not
conflict with the court's opinion.
The Court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 implementation rule also does
not affect EPA's action on the present infrastructure action. EPA
interprets the CAA to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due three years after adoption
or revision of a NAAQS. Instead, these elements are typically
referred to as nonattainment SIP or attainment plan elements, which
would be due by the dates statutorily prescribed under subpart 2
through 5 under part D, extending as far as 10 years following
designations for some elements.
---------------------------------------------------------------------------
The 2008 NSR Rule did not require states to immediately account for
gases that could condense to form particulate matter, known as
condensables, in PM2.5 and PM10 emission limits
in NSR permits. Instead, EPA determined that states had to account for
PM2.5 and PM10 condensables for applicability
determinations and in establishing emissions limitations for
PM2.5 and PM10 in PSD permits beginning on or
after January 1, 2011. This requirement is codified in 40 CFR
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states'
PSD programs incorporating the inclusion of condensables were required
be submitted to EPA by May 16, 2011 (73 FR 28321 at 28341, May 16,
2008).
EPA approved revisions to Ohio's PSD SIP reflecting these
requirements on October 28, 2014 (79 FR 64119), and therefore EPA
proposes to find that Ohio has met this set of infrastructure SIP
requirements of section 110(a)(2)(C) with respect to the 2015 ozone
NAAQS.
c. PM2.5 increments in the PSD program.
On October 20, 2010, EPA issued the final rule on the ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR
Rule). This rule established several components for making PSD
permitting determinations for PM2.5, including a system of
``increments'' which is the mechanism used to estimate significant
deterioration of ambient air quality for a pollutant. These increments
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included
in the table below.
Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
per Cubic Meter
------------------------------------------------------------------------
Annual
arithmetic 24-hour
mean max
------------------------------------------------------------------------
Class I......................................... 1 2
Class II........................................ 4 9
Class III....................................... 8 18
------------------------------------------------------------------------
The 2010 NSR Rule also established a new ``major source baseline
date'' for PM2.5 as October 20, 2010, and a new trigger date
for PM2.5 as October 20, 2011. These revisions are codified
in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule
revised the definition of ``baseline area'' to include a level of
significance of 0.3 micrograms per cubic meter, annual average, for
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i)
and 40 CFR 52.21(b)(15)(i).
EPA approved revisions to Ohio's PSD SIP reflecting these
requirements on October 28, 2014 (79 FR 64119), and therefore EPA
proposes to find that Ohio has met this set of infrastructure SIP
requirements of section 110(a)(2)(C) with respect to the 2015 ozone
NAAQS.
d. GHG permitting and the ``Tailoring Rule'' in the PSD program.
With respect to the requirements of section 110(a)(2)(C) as well as
section 110(a)(2)(J), EPA interprets the CAA to require each state to
make an infrastructure SIP submission for a new or revised NAAQS that
demonstrates that the state has a complete PSD permitting program
meeting the current requirements for all regulated NSR pollutants. The
requirements of element D(i)(II) may also be satisfied by demonstrating
the air agency has a complete PSD permitting program correctly
addressing all regulated NSR pollutants. Ohio currently has a SIP-
approved PSD program in place that covers all regulated NSR pollutants.
Ohio has shown that it currently has a PSD program in place that covers
all regulated NSR pollutants, including GHGs.
On June 23, 2014, the United States Supreme Court issued a decision
addressing the application of PSD permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat
GHGs as an air pollutant for purposes of determining whether a source
is a major source required to obtain a PSD permit. The Court also said
that EPA could continue to require that PSD permits, otherwise required
based on emissions of pollutants other than GHGs, contain limitations
on GHG emissions based on the application of Best Available Control
Technology (BACT).
In accordance with the Supreme Court decision, on April 10, 2015,
the U.S. Court of Appeals for the District of Columbia Circuit (the
D.C. Circuit) issued an amended judgment vacating the regulations that
implemented Step 2 of EPA's PSD and Title V Greenhouse Gas Tailoring
Rule, but not the regulations that implement Step 1 of that rule. Step
1 of the Tailoring Rule covers sources that are required to obtain a
PSD permit based on emissions of pollutants other than GHGs. Step 2
applied to sources that emitted only GHGs above the thresholds
triggering the requirement to obtain a PSD permit. The amended judgment
preserves, without the need for additional rulemaking by EPA, the
application of the BACT requirement to GHG emissions from Step 1 or
``anyway'' sources. With respect to Step 2 sources, the D.C. Circuit's
amended judgment vacated the regulations at issue in the litigation,
including 40 CFR 51.166(b)(48)(v), ``to the extent they
[[Page 13675]]
require a stationary source to obtain a PSD permit if greenhouse gases
are the only pollutant (i) that the source emits or has the potential
to emit above the applicable major source thresholds, or (ii) for which
there is a significant emission increase from a modification.''
EPA is planning to take additional steps to revise Federal PSD
rules in light of the Supreme Court opinion and subsequent D.C. Circuit
judgment. Some states have begun to revise their existing SIP-approved
PSD programs in light of these court decisions, and some states may
prefer not to initiate this process until they have more information
about the planned revisions to EPA's PSD regulations. EPA is not
expecting states to have revised their PSD programs in anticipation of
EPA's planned actions to revise its PSD program rules in response to
the court decisions. For purposes of infrastructure SIP submissions,
EPA is only evaluating such submissions to assure that the state's
program addresses GHGs consistent with both court decisions.
On February 14, 2020, EPA updated the Ohio SIP to include revised
PSD rules reflecting the Supreme Court decision and D.C. Circuit
judgement, and preserving PSD permitting requirements for GHGs for
``anyway'' sources (see 85 FR 8406). EPA proposes to find that the Ohio
SIP is sufficient to satisfy Elements (C), (D)(i)(II), and (J) with
respect to GHGs. This is because the PSD permitting program previously
approved by EPA into the SIP continues to require that PSD permits
issued to ``anyway sources'' contain limitations on GHG emissions based
on the application of BACT.
D. Section 110(a)(2)(D)--Interstate Transport
Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state. Section 110(a)(2)(D)(i)(II)
requires SIPs to include provisions prohibiting any source or other
type of emissions activity in one state from interfering with measures
required of any other state to prevent significant deterioration of air
quality, or from interfering with measures required of any other state
to protect visibility. Section 110(a)(2)(D)(ii) requires each SIP to
contain adequate provisions requiring compliance with the applicable
requirements of section 126 and section 115 (relating to interstate and
international pollution abatement, respectively).
1. Significant Contribution to Nonattainment
In this rulemaking, EPA is not evaluating section
110(a)(2)(D)(i)(I) requirements relating to significant contribution to
nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate
these requirements in a separate rulemaking.
2. Interference With Maintenance
In this rulemaking, EPA is not evaluating section
110(a)(2)(D)(i)(I) requirements relating to interference with
maintenance for the 2015 ozone NAAQS. Instead, EPA will evaluate these
requirements in a separate rulemaking.
3. Interference With PSD
EPA notes that Ohio's satisfaction of the applicable infrastructure
SIP PSD requirements for the 2015 ozone NAAQS has been detailed in the
section addressing section 110(a)(2)(C). EPA further notes that the
proposed actions in that section related to PSD are consistent with the
proposed actions related to PSD for section 110(a)(2)(D)(i)(II), and
they are reiterated below.
EPA has previously approved revisions to Ohio's SIP that meet
certain requirements obligated by the Phase 2 Rule and the 2008 NSR
Rule. These revisions included provisions that: Explicitly identify
NOX as a precursor to ozone, explicitly identify
SO2 and NOX as precursors to PM2.5,
and regulate condensable PM2.5 and PM10 in
applicability determinations and establishing emissions limits. EPA has
also previously approved revisions to Ohio's SIP that incorporate the
PM2.5 increments and the associated implementation
regulations including the major source baseline date, trigger date, and
level of significance for PM2.5 per the 2010 NSR Rule. EPA
is proposing to find that Ohio's SIP contains provisions that
adequately address the 2015 ozone NAAQS.
States also have an obligation to ensure that sources located in
nonattainment areas do not interfere with a neighboring state's PSD
program. One way that this requirement can be satisfied is through an
NNSR program consistent with the CAA that addresses any pollutants for
which there is a designated nonattainment area within the state.
Ohio's EPA-approved NNSR regulations are contained in OAC Chapter
3745-31 and are consistent with 40 CFR 51.165. Therefore, EPA proposes
to find that Ohio has met all of the applicable section
110(a)(2)(D)(i)(II) requirements relating to interference with PSD for
the 2015 ozone NAAQS.
4. Interference With Visibility Protection
With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), states are subject to
visibility and regional haze program requirements under part C of the
CAA (which includes sections 169A and 169B). EPA's 2013 Guidance states
that these requirements can be satisfied by an approved SIP addressing
reasonably attributable visibility impairment, if required, or an
approved SIP addressing regional haze.
On May 10, 2018, EPA published its final approval of Ohio's
regional haze plan (see 83 FR 21719). Therefore, EPA proposes to find
that Ohio has met all applicable section 110(a)(2)(D)(i)(II)
requirements relating to interference with visibility protection for
the 2015 ozone NAAQS.
5. Interstate and International Pollution Abatement
Section 110(a)(2)(D)(ii) requires each SIP to contain adequate
provisions requiring compliance with the applicable requirements of
section 126 and section 115 (relating to interstate and international
pollution abatement, respectively). Section 126(a) requires new or
modified sources to notify neighboring states of potential impacts from
the source. The statute does not specify the method by which the source
should provide the notification. States with SIP-approved PSD programs
must have a provision requiring such notification by new or modified
sources. A lack of such a requirement in state rules would be grounds
for disapproval of this element.
Ohio has provisions in its EPA-approved PSD program in OAC 3745-31-
06(H)(2) requiring new or modified sources to notify neighboring states
of potential negative air quality impacts. Ohio's submission references
these provisions as being adequate to meet the requirements of section
126(a). Ohio does not have any obligations under any other subsection
of section 126, nor does it have any pending obligations under section
115. Therefore, EPA is proposing to find that Ohio has met all
applicable section 110(a)(2)(D)(ii) requirements for the 2015 ozone
NAAQS.
E. Section 110(a)(2)(E)--Adequate Resources; State Board Requirements
This section requires each state to provide for adequate personnel,
funding, and legal authority under state
[[Page 13676]]
law to carry out its SIP, and related issues. Section 110(a)(2)(E)(ii)
also requires each state to comply with the requirements respecting
state boards under section 128.
1. Adequate Resources
To satisfy the adequate resources requirements of section
110(a)(2)(E), the state should explain in the infrastructure SIP
submission how resources and personnel and legal authority are adequate
and provide any additional assurances needed to meet changes in
resource requirements by the new or revised NAAQS.
Ohio's biennial budget and its environmental performance
partnership agreement with EPA document funding and personnel levels
for OEPA every two years. OEPA has demonstrated that it retains
adequate personnel to administer its air quality management program. As
discussed in an earlier section, ORC 3704.03 provides the legal
authority under state law to carry out the SIP. EPA proposes that Ohio
has met the infrastructure SIP requirements of this portion of section
110(a)(2)(E) with respect to the 2015 ozone NAAQS.
2. State Board Requirements
Section 110(a)(2)(E) also requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (i) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (ii) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed.
Ohio does not have a board that has the authority to approve
enforcement orders or permitting actions as outlined in section
128(a)(1) of the CAA; instead, this authority rests with the Director
of OEPA. Therefore, section 128(a)(1) of the CAA is not applicable in
Ohio.
Under section 128(a)(2), the head of the executive agency with the
power to approve enforcement orders or permits must adequately disclose
any potential conflicts of interest. OEPA notes that EPA has previously
approved provisions into Ohio's SIP addressing these requirements (46
FR 57490). Notably, ORC 102: Public Officers--Ethics contains
provisions that require the Director of OEPA (and his/her delegate) to
file an annual statement with the ethics committee including potential
conflicts of interest; furthermore, this annual filing is subject to
public inspection. Therefore, EPA proposes to find that Ohio has met
the applicable infrastructure SIP requirements of this portion of
110(a)(2)(E) with respect to the 2015 ozone NAAQS.
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
Section 110(a)(2)(F) contains several requirements, each of which
are described below.
1. Installation, maintenance, replacement of equipment, and other
necessary steps by owners or operators of stationary sources to monitor
emissions from such sources.
EPA's rules regarding how SIPs need to address requirements for
source monitoring are contained in 40 CFR 51.212 (``Testing,
inspection, enforcement, and compliance''). This EPA regulation
requires SIPs to provide for a program of periodic testing and
inspection of stationary sources, to provide for the identification of
allowable test methods, and to exclude any provision that would prevent
the use of any credible evidence of noncompliance.
The requirements for Ohio source testing of air contaminants are
found in SIP-approved OAC 3745-15 along with general provisions that
include submitting of emissions reports and measurement of emissions.
SIP-approved OAC rule 3745-21-03 addresses methods of ambient air
measurements for ozone. SIP-approved OAC Chapters 3745-77 and 3745-31
provide requirements for recordkeeping by sources. Ohio has the
authority under SIP-approved ORC 3704.03(I) to require owners or
operators of air contaminant sources to install, employ, maintain and
operate such emissions, ambient air quality, meteorological, or other
monitoring devices or methods as the Director of OEPA shall prescribe;
to sample those emissions at such locations, at such intervals, and in
such manner as the Director of OEPA prescribes; to maintain records and
file periodic reports with the Director of OEPA containing information
as to location, size, and height of emission outlets, rate, duration,
and composition of emissions, and any other pertinent information the
Director of OEPA prescribes; and to provide such written notice to
other states as the Director of OEPA shall prescribe. Ohio does not
have any provisions preventing the use of any credible evidence.
Hundreds of emission tests are performed throughout Ohio each year.
OEPA District Offices and local air agencies are currently required to
witness 50% of all source emissions testing and review 100% of all
emissions tests (fulfilling the correlation requirement of sub-element
3 discussed below). Presently, 290 Ohio sources employ 738 continuous
monitoring systems for various air pollutants. OEPA oversees the
operation and certification of these systems and routinely provides
quarterly summary reports to EPA. These reports are also available for
public inspection (partially fulfilling the public inspection component
of sub-element 3 discussed below).
Based on the above, EPA proposes to find that Ohio has met the
infrastructure SIP requirements of section 110(a)(2)(F)(i) with respect
to the 2015 ozone standard.
2. Periodic reports on the nature and amounts of emissions and
emissions-related data from stationary sources.
To address periodic reporting requirements, the infrastructure SIP
submission should include air agency requirements providing for
periodic reporting of emissions and emissions-related data by sources
to the air agency, as required by the following emissions reporting
requirements: 40 CFR 51.211 (``Emissions reports and recordkeeping'');
40 CFR 51.321 through 51.323 (``Source Emissions and State Action
Reporting''); and EPA's Air Emissions Reporting Rule, 40 CFR part 51,
subpart A (``Air Emissions Reporting Requirements'').\9\ The section
51.321 requirement that emissions reports from states be made through
the appropriate EPA Regional Office has been superseded in practice, as
these data are now to be reported electronically through a centralized
data portal pursuant to 40 CFR 51.45(b), which refers to the website
https://www.epa.gov/ttn/chief which was moved to https://www.epa.gov/chief for the latest information on data reporting procedures. All
states have existing periodic source reporting of emissions and
emission inventory reporting practices. Thus, for any new or revised
NAAQS, the infrastructure SIP may be able to certify existing authority
and commitments and provide any additional assurance needed to meet
changes in reporting and inventory requirements associated with the new
or revised NAAQS.
---------------------------------------------------------------------------
\9\ 40 CFR 51.321 through 51.323 nominally address emission
reporting but merely cross-reference to subpart A.
---------------------------------------------------------------------------
OEPA has reporting requirements consistent with 40 CFR 51.211, 40
CFR 51.321 to 323, and 40 CFR part 51, subpart A. Under Title V of the
CAA,
[[Page 13677]]
facilities that have the potential to emit certain amounts of air
pollution are required to apply for and obtain a state-federal
operating permit and pay emission fees. In Ohio, facilities are
required to file on April 15th of each year. The Fee Emissions Report
(FER) requirements are outlined in ORC 3745.11 and OAC rule 3745-78-02.
Facilities are required to apply for and obtain an air pollution
control operating permit and submit an annual emissions report for
estimated actual facility wide emissions of particulate matter (PM),
SO2, NOX, organic compounds (OC), lead, carbon
monoxide (CO), and ammonia (NH3) no later than April 15th
for the previous year. Also, OEPA has the authority under OAC 3745-15-
03 to request and receive the information from regulated entities. Ohio
provides an Emission Inventory Summary (EIS) to EPA to develop an
annual criteria and toxic pollutant inventory pursuant to 40 CFR
51.321. Beginning with the calendar year 2006 inventory, all Ohio Title
V and synthetic minor facilities are required to file a complete
inventory. Pollutants required to be reported in the EIS are:
NOX, VOC, SO2, Lead, OC, CO, NH3, PM-
condensable, PM-filterable, PM10-filterable, and
PM2.5-filterable. Based on the above, EPA proposes to find
that Ohio has met the infrastructure SIP requirements of section
110(a)(2)(F)(ii) with respect to the 2015 ozone standard.
3. Correlation of emissions reports by the State agency with any
applicable emission limitations or standards, reports shall be
available at reasonable times for public inspection.
For this sub-element, the infrastructure SIP submission should
reference and describe existing air agency requirements that have been
approved into the SIP by EPA, or include air agency requirements being
newly submitted, that provide for the following: (1) Correlation \10\
by the air agency of emissions reports by sources with applicable
emission limitations or standards; and (2) the public availability of
emission reports by sources. Under 40 CFR part 51 subpart G, 40 CFR
51.116 (``Data availability''), contains the requirements for
correlating data. Correlation with applicable emissions limitations or
standards is relevant only for those reports of source emissions that
reflect the test method(s) and averaging period(s) specified in
applicable emission limitations or standards. Thus, source reports of
annual, ozone season, or summer day emissions used by the air agency to
create the annual and triennial emission inventory submission to EPA
under 40 CFR part 51 subpart A in general would not need to be
correlated with specific emission limitations or standards, as many
sources do not have applicable emission limitations defined for those
averaging periods. However, if the sources have applicable emissions
limitations that are defined for these averaging periods, then they
would need to be correlated.
---------------------------------------------------------------------------
\10\ As defined in 40 CFR 51.116(c), the term ``correlated''
means ``presented in such a manner as to show the relationship
between measured or estimated amounts of emissions and the amounts
of such emissions allowable under the applicable emission
limitations or other measures.''
---------------------------------------------------------------------------
As stated previously, OEPA District Offices and local air agencies
are currently required to review 100% of all source emissions tests
fulfilling the correlation requirement of this sub-element. Also as
stated previously, OEPA has reporting requirements consistent with 40
CFR 51.211, 40 CFR 51-321 to 323, and 40 CFR part 51, subpart A. Ohio's
source emission reports are available upon request by EPA or other
interested parties. Additionally, EIS Data and Reports can be
downloaded from the OEPA website at https://www.epa.ohio.gov/dapc/aqmp/eiu/eis#126013925-download-eis-data-and-reports. Based on the above,
EPA proposes to find that Ohio has met the infrastructure SIP
requirements of section 110(a)(2)(F)(iii) with respect to the 2015
ozone standard.
G. Section 110(a)(2)(G)--Emergency Powers
This section requires that a plan provide for authority that is
analogous to what is provided in section 303 of the CAA, and adequate
contingency plans to implement such authority. EPA's 2013 Guidance
states that infrastructure SIP submissions should specify authority,
rested in an appropriate official, to restrain any source from causing
or contributing to emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment.
The regulations at OAC 3745-25 contain provisions which allow the
Director of OEPA to determine the conditions that comprise air
pollution alerts, warnings, and emergencies. Moreover, the rules
contained in OAC 3745-25 provide the requirement to implement emergency
action plans in the event of an air quality alert or higher. Based on
the above, EPA proposes to find that Ohio has met the applicable
infrastructure SIP requirements of section 110(a)(2)(G) related to
authority to implement measures to restrain sources from causing or
contributing to emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment with
respect to the 2015 ozone NAAQS.
H. Section 110(a)(2)(H)--Future SIP Revisions
This section requires states to have the authority to revise their
SIPs in response to changes in the NAAQS, availability of improved
methods for attaining the NAAQS, or to an EPA finding that the SIP is
substantially inadequate. As previously mentioned, ORC 3704.03 provides
the Director of OEPA with the authority to develop rules and
regulations necessary to meet ambient air quality standards in all
areas in the state as expeditiously as practicable, but not later than
any deadlines applicable under the CAA. ORC 3704.03 also provides the
Director of OEPA with the authority to develop programs for the
prevention, and abatement of air pollution. Based on the above, EPA
proposes to find that Ohio has met the infrastructure SIP requirements
of section 110(a)(2)(H) with respect to the 2015 ozone NAAQS.
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D
The CAA requires that each plan or plan revision for an area
designated as a nonattainment area meet the applicable requirements of
part D of the CAA. Part D relates to nonattainment areas. EPA has
determined that section 110(a)(2)(I) is not applicable to the
infrastructure SIP process. Instead, EPA takes action on part D
attainment plans through separate processes.
J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; PSD; Visibility Protection
The evaluation of the submissions from Ohio with respect to the
requirements of section 110(a)(2)(J) are described below.
1. Consultation With Government Officials
States must provide a process for consultation with local
governments and Federal Land Managers (FLMs) carrying out NAAQS
implementation requirements.
OEPA actively participates in the regional planning efforts that
include state rule developers, representatives from the FLMs, and other
affected stakeholders. Additionally, Ohio is an active member of the
Lake Michigan Air Directors Consortium, which consists of collaboration
with the States of Illinois, Indiana, Wisconsin, Michigan, and
Minnesota. OAC 3745-31-06 is a SIP-approved rule which requires
[[Page 13678]]
notification and the availability of public participation related to
NSR actions; notification is provided to the general public, executives
of the city or county where the source is located, other state or local
air pollution control agencies, regional land use planning agencies,
and FLMs. OAC 3704.03(K) is a SIP-approved rule that requires OEPA give
reasonable public notice and conduct public hearings on any plans for
the prevention, control, and abatement of air pollution that the
Director of OEPA is required to submit to EPA. Based on the above, EPA
proposes to find that Ohio has met the infrastructure SIP requirements
of this portion of section 110(a)(2)(J) with respect to the 2015 ozone
NAAQS.
2. Public Notification
Section 110(a)(2)(J) requires states to notify the public if NAAQS
are exceeded in an area and to enhance public awareness of measures
that can be taken to prevent exceedances.
OEPA maintains portions of its website specifically for issues
related to the 2015 ozone NAAQS.\11\ OEPA's remote air data system
(RADS) provides online reports of real time air quality data on the
internet and feeds raw information to EPA's AIRNOW program. OEPA also
prepares annual data reports from its complete monitoring network.
Based on the above, EPA proposes to find that Ohio has met the
infrastructure SIP requirements of this portion of section 110(a)(2)(J)
with respect to the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\11\ https://www.epa.ohio.gov/dapc/sip/sip.aspx.
---------------------------------------------------------------------------
3. PSD
States must meet applicable requirements of section 110(a)(2)(C)
related to PSD. OEPA's PSD program in the context of infrastructure
SIPs has already been discussed above in the paragraphs addressing
section 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA has determined
that that the proposed actions for those sections are consistent with
the proposed actions for this portion of section 110(a)(2)(J).
Therefore, EPA proposes to find that Ohio has met all of the
infrastructure SIP requirements for PSD associated with section
110(a)(2)(J) for the 2015 ozone NAAQS.
4. Visibility Protection
States are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, we find that there is no new visibility obligation
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes
effective. In other words, EPA has determined that the visibility
protection requirements of section 110(a)(2)(J) are not germane to
infrastructure SIPs for the 2015 ozone NAAQS.
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
SIPs must provide for air quality modeling for predicting effects
on air quality of emissions from any NAAQS pollutant and submission of
such data to EPA upon request. OEPA reviews the potential impact of all
major and some minor new and modified sources using computer model
simulations consistent with 40 CFR part 51, appendix W, Guidelines on
Air Quality Models. The regulatory requirements related to PSD modeling
can be found in SIP-approved rule OAC 3745-31-18, and Ohio's authority
to require modeling conducted by other entities, e.g., applicants, and
the state's authority to perform modeling for attainment demonstrations
can be found in SIP-approved ORC 3704.03(F). Ohio also develops area-
wide air quality modeling related to attainment demonstrations. Ohio's
authority to conduct this type of modeling lies within SIP-approved ORC
3704.03(A), (C), (E), (N) and (X). These modeling data are available to
EPA or other interested parties upon request. Based on the above, EPA
proposes to find that Ohio has met the infrastructure SIP requirements
of section 110(a)(2)(K) with respect to the 2015 ozone NAAQS.
L. Section 110(a)(2)(L)--Permitting Fees
This section requires SIPs to mandate each major stationary source
to pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit. OEPA implements and operates the
title V permit program, which EPA approved on August 15, 1995 (60 FR
42045); revisions to the program were approved on November 20, 2003 (68
FR 65401). Additional rules that contain the provisions, requirements,
and structures associated with the costs for reviewing, approving,
implementing, and enforcing various types of permits can be found in
ORC 3745.11 and OAC rule 3745-78-02. Based on the above, EPA proposes
to find that Ohio has met the infrastructure SIP requirements of
section 110(a)(2)(L) with respect to the 2015 ozone NAAQS.
M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities
States must consult with and allow participation from local
political subdivisions affected by the SIP. OEPA follows approved
procedures for allowing public participation, consistent with SIP-
approved OAC 3745-47. Consultation with local governments is authorized
through ORC 3704.03(B). OEPA provides a public participation process
for all stakeholders that includes a minimum of a 30-day comment period
and opportunity to request a public hearing for all SIP-related
actions. Based on the above, EPA proposes to find that Ohio has met the
infrastructure SIP requirements of section 110(a)(2)(M) with respect to
the 2015 ozone NAAQS.
III. What action is EPA taking?
EPA is proposing to approve most elements of a submission from Ohio
certifying that its current SIP is sufficient to meet the
infrastructure requirements in sections 110(a)(1) and (2) with respect
to the 2015 ozone NAAQS. EPA's proposed actions for the state's
satisfaction of infrastructure SIP requirements, by element of section
110(a)(2) are contained in the table below.
------------------------------------------------------------------------
2015 ozone
Element NAAQS
------------------------------------------------------------------------
(A)--Emission limits and other control measures........ A
(B)--Ambient air quality monitoring/data system........ A
(C)1--Program for enforcement of control measures...... A
(C)2--PSD.............................................. A
(D)1--I Prong 1: Interstate transport--significant NA
contribution..........................................
(D)2--I Prong 2: Interstate transport--interfere with NA
maintenance...........................................
(D)3--II Prong 3: Interstate transport--prevention of A
significant deterioration.............................
[[Page 13679]]
(D)4--II Prong 4: Interstate transport--protect A
visibility............................................
(D)5--Interstate and international pollution abatement. A
(E)1--Adequate resources............................... A
(E)2--State board requirements......................... A
(F)1--Monitoring/Testing Source Emissions.............. A
(F)2--Periodic Source Emissions Reports................ A
(F)3--Correlation and Public Availability of Source A
Emissions Reports and Data............................
(G)--Emergency power................................... A
(H)--Future SIP revisions.............................. A
(I)--Nonattainment planning requirements of part D..... *
(J)1--Consultation with government officials........... A
(J)2--Public notification.............................. A
(J)3--PSD.............................................. A
(J)4--Visibility protection............................ *
(K)--Air quality modeling/data......................... A
(L)--Permitting fees................................... A
(M)--Consultation and participation by affected local A
entities..............................................
------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
A................................. Approve.
NA................................ No Action/Separate Rulemaking.
*................................. Not germane to infrastructure SIPs.
------------------------------------------------------------------------
IV. 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 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-02743 Filed 3-9-21; 8:45 am]
BILLING CODE 6560-50-P