Air Plan Approval; Ohio; Lead, 14061-14063 [2021-05159]
Download as PDF
14061
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Proposed Rules
Rule No.
Rule title
State effective date
*
*
Final rule
citation/date
EPA effective date
*
*
*
*
Comments
*
Antelope Valley Station Units 1 and 2
PTC20031 ....
Air pollution control permit
to construct for Federal
Implementation Plan Replacement.
[Date of publication of the
final rule in the Federal
Register].
[Date 30 days after date of
publication of the final
rule in the Federal Register].
[Federal Register citation
of the final rule], [Date of
publication of the final
rule in the Federal Register].
Only: NOX BART emission
limit for Units 1 and 2
and corresponding monitoring, recordkeeping,
and reporting requirements.
(e) * * *
Rule No.
State
effective
date
Rule title
*
*
Final rule
citation/date
EPA effective date
*
*
*
*
Comments
*
North Dakota State Implementation Plan for Regional Haze
North Dakota State Implementation Plan for Regional Haze.
§ 52.1825
North Dakota State Implementation Plan for Regional Haze.
[Removed and Reserved]
■ 3. Remove and reserve § 52.1825.
[FR Doc. 2021–04402 Filed 3–11–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0468; FRL–10021–
22–Region 5]
Air Plan Approval; Ohio; Lead
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Ohio State
Implementation Plan (SIP). Ohio
removed its Ohio Administrative Code
(OAC) rules that apply to a secondary
lead smelter, which has permanently
shut down. EPA is proposing approval
of revisions that will remove those OAC
rules from the Ohio SIP. The revisions
will also remove air quality sampling
requirements that are duplicative of
another OAC provision in the Ohio SIP.
DATES: Comments must be received on
or before April 12, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0468 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
SUMMARY:
VerDate Sep<11>2014
16:38 Mar 11, 2021
Jkt 253001
7/8/20
[Date 30 days after date of
publication of the final
rule in the Federal Register].
[Federal Register citation
of the final rule], [Date of
publication of the final
rule in the Federal Register].
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
The EPA Region 5 office is open from
8:30 a.m. to 4:30 p.m., Monday through
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
Excluding provisions disapproved on April 6,
2012, 77 FR 20894.
Friday, excluding Federal holidays and
facility closures due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
Ohio identified the Master Metals,
Incorporated Facility (Master Metals), a
former secondary lead smelter in
Cleveland, Ohio, as the primary cause of
high monitored lead concentrations in
Cuyahoga County. On October 14, 1992,
Ohio issued an order to Master Metals
requiring the facility to shut down
unless specific improvements were
made to the facility’s pollution controls.
On August 5, 1993, Ohio ordered an
immediate shut down of the Master
Metals facility and prohibited any
activities to be conducted at the facility
until required improvements were
made. The facility did not reopen.
Effective August 26, 2011, Ohio
rescinded OAC rules 3745–71–05 and
3745–71–06, as part of a 5-year review
of its rules. OAC 3745–71–06, ‘‘Source
specific emission limits,’’ contained the
lead and particulate matter emission
limits plus operational limits only
applicable to Master Metals. OAC 3745–
71–05, ‘‘Emissions test methods and
procedures and reporting requirements
for new and existing sources,’’ provided
the test methods and other elements
supporting OAC 3745–71–06. Ohio
determined that these rules should be
rescinded because they were facilityspecific to Master Metals, which no
E:\FR\FM\12MRP1.SGM
12MRP1
14062
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Proposed Rules
longer exists, and has requested removal
of these rules from the SIP.
Ohio also rescinded OAC rule 3745–
71–01, ‘‘Definitions,’’ effective on
August 26, 2011. Ohio requests the
removal of OAC 3745–71–01 from the
SIP because its definitions and
referenced documents are unnecessary
given the other rules removed from OAC
chapter 71.
Finally, Ohio requests the removal of
OAC rule 3745–71–03, ‘‘Methods of
ambient air measurement,’’ effective on
August 26, 2011. The air quality
sampling requirements in OAC 3745–
71–03 have been consolidated into OAC
rule 3745–25–02, which was approved
into the SIP on October 26, 2010 (75 FR
65572). Thus, the lead monitoring
requirements in OAC rule 3745–71–03
are duplicative since the air quality
sampling requirements are also in the
Ohio SIP at OAC rule 3745–25–02.
In the request to remove OAC rules
3745–71–01, 3745–71–03, 3745–71–05,
and 3745–71–06 from Ohio SIP, Ohio
provided an analysis pursuant to Clean
Air Act (CAA) section 110(l). CAA
section 110(l) prohibits EPA from
approving a SIP revision if that revision
would interfere with any applicable
requirement concerning attainment,
reasonable further progress, or any other
CAA requirement.
Ohio states that removing the rules
from its SIP will not result in increased
emissions or risk National Ambient Air
Quality Standard violations because the
facility has been permanently shut
down and thus has no emissions.
Therefore, OAC rules 3745–71–05 and
3745–71–06 can be removed without an
effect on emissions. The monitoring
requirements in OAC rule 3745–71–03
are also approved into its SIP as OAC
rule 3745–25–02, which will keep the
requirements within the SIP. Ohio
found that the definitions and
references of OAC rule 3745–71–01 can
be removed from its SIP because they
are not necessary due to the removal of
the other rules from the SIP.
II. What is EPA’s analysis of the
revisions?
The Master Metals facility has
permanently shut down and the site has
been remediated. Thus, the source of the
lead and particulate matter emissions
controlled by the OAC Chapter 3745–71
rules is gone and there are no longer any
emissions from it.
EPA concurs with Ohio on the
removal of OAC rule 3745–71–06 from
the SIP. The facility is shut down and
the site has been put into new use. EPA
also concurs with Ohio on the removal
of OAC rules 3745–71–01 and 3745–71–
05 from the SIP. OAC rule 3745–71–01
VerDate Sep<11>2014
16:38 Mar 11, 2021
Jkt 253001
contains definitions and references to
Federal rules. Those definitions are not
needed with the removal of OAC rule
3745–71–06. OAC rule 3745–71–05
provides the lead emissions test
procedures and reporting requirements.
The shutdown of Master Metals and the
removal of OAC rule 3745–71–06 results
in no lead emissions to monitor or
report.
EPA approved OAC rule 3745–25–02,
which includes lead air quality
sampling requirements, into the SIP on
October 26, 2010 (75 FR 65572). The
requirements of OAC rule 3745–71–03
are duplicated in OAC rule 3745–25–02
intro and (F)(2). The lead air quality
sampling requirements are in the SIP
with OAC rule 3745–25–02, which
means OAC rule 3745–71–03 can be
removed while those requirements will
remain in the SIP. Thus, EPA agrees
with Ohio that OAC rule 3745–71–03
can be removed from the SIP.
For the reasons set forth above EPA is
proposing to approve Ohio’s request.
III. What action is EPA taking?
EPA is proposing to approve the
removal of OAC rules 3745–71–01,
3745–71–03, 3745–71–05, and 3745–71–
06 from the Ohio SIP.
IV. Incorporation by Reference
In this document, EPA is proposing to
amend regulatory text that includes
incorporation by reference. As described
in the proposed amendments to 40 CFR
part 52 set forth below, EPA is
proposing to remove provisions of the
EPA-Approved Ohio Regulations from
the Ohio State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51. EPA has made, and will
continue to make, the SIP generally
available through www.regulations.gov
and at the EPA Region 5 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
• 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);
• 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,
Lead, Reporting and recordkeeping
requirements.
Dated: March 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
E:\FR\FM\12MRP1.SGM
12MRP1
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Proposed Rules
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. In § 52.1870, the table in paragraph
(c) is amended by removing the
undesignated heading ‘‘Chapter 3745–
71 Lead Emissions’’ and the entries for
‘‘3745–71–01’’, ‘‘3745–71–03’’, ‘‘3745–
71–05’’, and ‘‘3745–71–06’’.
■
[FR Doc. 2021–05159 Filed 3–11–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2017–0300; FRL–10021–00–
OW]
RIN 2040–AF15
National Primary Drinking Water
Regulations: Lead and Copper Rule
Revisions; Delay of Effective and
Compliance Dates
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; delay of effective
and compliance dates.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is proposing to
delay until December 16, 2021, the
effective date of the National Primary
Drinking Water Regulations: Lead and
Copper Rule Revisions (LCRR), which
was published in the Federal Register
on January 15, 2021. EPA is also
proposing to delay the January 16, 2024,
compliance date established in the
LCRR to September 16, 2024. The
proposed delay in the effective date is
consistent with presidential directives
issued on January 20, 2021, to heads of
Federal agencies to review certain
regulations, including the LCRR. The
delay will allow sufficient time for EPA
to complete its review of the rule in
accordance with those directives and
conduct important consultations with
affected parties. The proposed delay in
the compliance date of the LCRR
ensures that any delay in the effective
date will not reduce the time provided
for drinking water systems and primacy
states to take actions needed to assure
compliance with the LCRR.
DATES: Comments must be received on
or before April 12, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
SUMMARY:
VerDate Sep<11>2014
16:38 Mar 11, 2021
Jkt 253001
OW–2017–0300, by any of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Office of Water Docket, Mail Code
28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
• Hand Delivery/Courier (by
scheduled appointment only): EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room are closed to the public,
with limited exceptions, to reduce the
risk of transmitting COVID–19. Our
Docket Center staff will continue to
provide remote customer service via
email, phone, and webform. We
encourage the public to submit
comments via https://
www.regulations.gov/ or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Kempic, Office of Ground Water
and Drinking Water, Standards and Risk
Management Division, at (202) 564–
3632 or email kempic.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Purpose of the Regulatory Action
On January 20, 2021, President Biden
issued ‘‘Executive Order on Protecting
Public Health and the Environment and
Restoring Science to Tackle the Climate
Crisis.’’ (86 FR 7037, January 25, 2021)
(‘‘Executive Order 13990’’). Section 2 of
Executive Order 13990 directs the heads
of all agencies to immediately review
regulations that may be inconsistent
with, or present obstacles to, the policy
set forth in Section 1 of Executive Order
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
14063
13990. In the January 20, 2021 White
House ‘‘Fact Sheet: List of Agency
Actions for Review,’’ the ‘‘National
Primary Drinking Water Regulations:
Lead and Copper Rule Revisions’’
(LCRR) is specifically identified as an
agency action that will be reviewed in
conformance with Executive Order
13990 (https://www.whitehouse.gov/
briefing-room/statements-releases/2021/
01/20/fact-sheet-list-of-agency-actionsfor-review/). Also on January 20, 2021,
Ronald A. Klain, the Assistant to the
President and Chief of Staff, issued a
Memorandum for the Heads of
Executive Departments and Agencies
entitled, ‘‘Regulatory Freeze Pending
Review’’ (White House memorandum)
(86 FR 7424, January 28, 2021); the
memorandum directs agencies to
consider postponing the effective date of
regulations that have been published in
the Federal Register, but have not taken
effect, for the purpose of reviewing any
questions of fact, law, and policy the
rules may raise. In addition, the LCRR
has been challenged in court by the
Natural Resources Defense Council,
Newburgh Clean Water Project, NAACP,
Sierra Club, United Parents Against
Lead and the Attorneys General of New
York, California, Illinois, Maryland,
Minnesota, New Jersey, Oregon,
Pennsylvania, Wisconsin, and the
District of Columbia. Those cases have
been consolidated in Newburgh Clean
Water Project, et al. v EPA, No. 21–1019
(D.C. Cir.). EPA also received a letter on
March 4, 2021 from 36 organizations
and five individuals requesting that EPA
suspend the March 16, 2021 effective
date of the LCRR to review the rule and
initiate a new rulemaking. EPA also
received a letter on February 4, 2021
from the American Water Works
Association requesting that EPA not
delay the rule.
Consistent with Executive order
13990 and the White House
memorandum, EPA has decided to
review the LCRR, which was published
in the Federal Register on January 15,
2021. The Agency is simultaneously
publishing, in the ‘‘Final Rules’’ section
of this issue of the Federal Register, a
final rule providing for a short delay of
the LCRR’s effective date to June 17,
2021, while EPA seeks comment on this
proposal to extend the effective date
further to December 16, 2021. The
purpose of an extension of the effective
date to December 16, 2021, is to allow
EPA to conduct a review of the LCRR
and consult with stakeholders,
including those who have been
historically underserved by, or subject
to discrimination in, Federal policies
and programs prior to the LCRR going
E:\FR\FM\12MRP1.SGM
12MRP1
Agencies
[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14061-14063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05159]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0468; FRL-10021-22-Region 5]
Air Plan Approval; Ohio; Lead
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Ohio State Implementation Plan (SIP). Ohio
removed its Ohio Administrative Code (OAC) rules that apply to a
secondary lead smelter, which has permanently shut down. EPA is
proposing approval of revisions that will remove those OAC rules from
the Ohio SIP. The revisions will also remove air quality sampling
requirements that are duplicative of another OAC provision in the Ohio
SIP.
DATES: Comments must be received on or before April 12, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0468 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected]. The EPA Region 5
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
Ohio identified the Master Metals, Incorporated Facility (Master
Metals), a former secondary lead smelter in Cleveland, Ohio, as the
primary cause of high monitored lead concentrations in Cuyahoga County.
On October 14, 1992, Ohio issued an order to Master Metals requiring
the facility to shut down unless specific improvements were made to the
facility's pollution controls. On August 5, 1993, Ohio ordered an
immediate shut down of the Master Metals facility and prohibited any
activities to be conducted at the facility until required improvements
were made. The facility did not reopen.
Effective August 26, 2011, Ohio rescinded OAC rules 3745-71-05 and
3745-71-06, as part of a 5-year review of its rules. OAC 3745-71-06,
``Source specific emission limits,'' contained the lead and particulate
matter emission limits plus operational limits only applicable to
Master Metals. OAC 3745-71-05, ``Emissions test methods and procedures
and reporting requirements for new and existing sources,'' provided the
test methods and other elements supporting OAC 3745-71-06. Ohio
determined that these rules should be rescinded because they were
facility-specific to Master Metals, which no
[[Page 14062]]
longer exists, and has requested removal of these rules from the SIP.
Ohio also rescinded OAC rule 3745-71-01, ``Definitions,'' effective
on August 26, 2011. Ohio requests the removal of OAC 3745-71-01 from
the SIP because its definitions and referenced documents are
unnecessary given the other rules removed from OAC chapter 71.
Finally, Ohio requests the removal of OAC rule 3745-71-03,
``Methods of ambient air measurement,'' effective on August 26, 2011.
The air quality sampling requirements in OAC 3745-71-03 have been
consolidated into OAC rule 3745-25-02, which was approved into the SIP
on October 26, 2010 (75 FR 65572). Thus, the lead monitoring
requirements in OAC rule 3745-71-03 are duplicative since the air
quality sampling requirements are also in the Ohio SIP at OAC rule
3745-25-02.
In the request to remove OAC rules 3745-71-01, 3745-71-03, 3745-71-
05, and 3745-71-06 from Ohio SIP, Ohio provided an analysis pursuant to
Clean Air Act (CAA) section 110(l). CAA section 110(l) prohibits EPA
from approving a SIP revision if that revision would interfere with any
applicable requirement concerning attainment, reasonable further
progress, or any other CAA requirement.
Ohio states that removing the rules from its SIP will not result in
increased emissions or risk National Ambient Air Quality Standard
violations because the facility has been permanently shut down and thus
has no emissions. Therefore, OAC rules 3745-71-05 and 3745-71-06 can be
removed without an effect on emissions. The monitoring requirements in
OAC rule 3745-71-03 are also approved into its SIP as OAC rule 3745-25-
02, which will keep the requirements within the SIP. Ohio found that
the definitions and references of OAC rule 3745-71-01 can be removed
from its SIP because they are not necessary due to the removal of the
other rules from the SIP.
II. What is EPA's analysis of the revisions?
The Master Metals facility has permanently shut down and the site
has been remediated. Thus, the source of the lead and particulate
matter emissions controlled by the OAC Chapter 3745-71 rules is gone
and there are no longer any emissions from it.
EPA concurs with Ohio on the removal of OAC rule 3745-71-06 from
the SIP. The facility is shut down and the site has been put into new
use. EPA also concurs with Ohio on the removal of OAC rules 3745-71-01
and 3745-71-05 from the SIP. OAC rule 3745-71-01 contains definitions
and references to Federal rules. Those definitions are not needed with
the removal of OAC rule 3745-71-06. OAC rule 3745-71-05 provides the
lead emissions test procedures and reporting requirements. The shutdown
of Master Metals and the removal of OAC rule 3745-71-06 results in no
lead emissions to monitor or report.
EPA approved OAC rule 3745-25-02, which includes lead air quality
sampling requirements, into the SIP on October 26, 2010 (75 FR 65572).
The requirements of OAC rule 3745-71-03 are duplicated in OAC rule
3745-25-02 intro and (F)(2). The lead air quality sampling requirements
are in the SIP with OAC rule 3745-25-02, which means OAC rule 3745-71-
03 can be removed while those requirements will remain in the SIP.
Thus, EPA agrees with Ohio that OAC rule 3745-71-03 can be removed from
the SIP.
For the reasons set forth above EPA is proposing to approve Ohio's
request.
III. What action is EPA taking?
EPA is proposing to approve the removal of OAC rules 3745-71-01,
3745-71-03, 3745-71-05, and 3745-71-06 from the Ohio SIP.
IV. Incorporation by Reference
In this document, EPA is proposing to amend regulatory text that
includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, EPA is proposing to
remove provisions of the EPA-Approved Ohio Regulations from the Ohio
State Implementation Plan, which is incorporated by reference in
accordance with the requirements of 1 CFR part 51. EPA has made, and
will continue to make, the SIP generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, Lead, Reporting and
recordkeeping requirements.
Dated: March 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
[[Page 14063]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. In Sec. 52.1870, the table in paragraph (c) is amended by removing
the undesignated heading ``Chapter 3745-71 Lead Emissions'' and the
entries for ``3745-71-01'', ``3745-71-03'', ``3745-71-05'', and ``3745-
71-06''.
[FR Doc. 2021-05159 Filed 3-11-21; 8:45 am]
BILLING CODE 6560-50-P