Air Plan Approval; Ohio; Partial Approval and Partial Disapproval of the Muskingum River SO2, 2555-2557 [2022-00784]
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations
Requirements’’, ‘‘2008 Lead NAAQS
Infrastructure Requirements’’, ‘‘2008
Ozone NAAQS Infrastructure
Requirements’’, ‘‘2010 NO2 NAAQS
Infrastructure Requirements’’, ‘‘2010
SO2 NAAQS Infrastructure
Requirements’’, and ‘‘2012 PM2.5
NAAQS Infrastructure Requirements’’;
and
■ b. Removing the entry ‘‘2015 Ozone
NAAQS Infrastructure Requirements’’.
2555
The revisions read as follows:
§ 52.720
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of SIP provision
Applicable
geographic or
nonattainment
area
*
State submittal date
*
EPA approval date
*
Comments
*
*
*
*
Section 110(a)(2) Infrastructure Requirements
1997 8-hour Ozone
NAAQS Infrastructure Requirements.
Statewide .............
12/12/2007 ...............
7/13/2011, 76 FR 41075 ....
1997 PM2.5 NAAQS
Infrastructure Requirements.
Statewide .............
12/12/2007 ...............
7/13/2011, 76 FR 41075 ....
2006 24-hour PM2.5
NAAQS Infrastructure Requirements.
Statewide .............
8/9/2011, supplemented on 8/25/
2011, 6/27/2012,
and 7/5/2017.
9/23/2019, 84 FR 4967 ......
2008 Lead NAAQS Infrastructure Requirements.
Statewide .............
12/31/2012 and 7/5/
2017.
9/23/2019, 84 FR 49671 ....
2008 Ozone NAAQS
Infrastructure Requirements.
Statewide .............
12/31/2012 and 7/5/
2017.
9/23/2019, 84 FR 49671 ....
2010 NO2 NAAQS Infrastructure Requirements.
Statewide .............
12/31/2012 and 7/5/
2017.
9/23/2019, 84 FR 49671 ....
2010 SO2 NAAQS Infrastructure Requirements.
Statewide .............
12/31/2012 and 7/5/
2017.
9/23/2019, 84 FR 49671 ....
2012 PM2.5 NAAQS
Infrastructure Requirements.
Statewide .............
9/29/2017 .................
6/20/2019, 84 FR 28745 ....
[FR Doc. 2022–00785 Filed 1–14–22; 8:45 am]
BILLING CODE 6560–50–P
CAA elements 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(ii), (E) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M) have been
approved. CAA elements 110(a)(2)(C) and (J) with respect to
PSD have been disapproved.
CAA elements 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(ii), (E) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M) have been
approved. CAA elements 110(a)(2)(C) and (J) with respect to
PSD have been disapproved.
All CAA infrastructure elements under 110(a)(2) have been approved except (D)(i)(I) [Prongs 1 and 2], (D)(ii), and the PSD
portions of (C), (D)(i)(II) [Prong 3], and (J), which have been
disapproved. The disapproved elements have Federal Implementation Plans (FIP) in place and no further action is needed.
All CAA infrastructure elements under 110(a)(2) have been approved except (D)(ii), and the PSD portions of (C), (D)(i)(II)
[Prong 3], and (J), which have been disapproved. The disapproved elements have Federal Implementation Plans (FIP)
in place and no further action is needed.
All CAA infrastructure elements under 110(a)(2) have been approved except (D)(i)(I) [Prongs 1 and 2], (D)(ii), and the PSD
portions of (C), (D)(i)(II) [Prong 3], and (J), which have been
disapproved. The disapproved elements have Federal Implementation Plans (FIP) in place and no further action is needed.
All CAA infrastructure elements under 110(a)(2) have been approved except (D)(ii), and the PSD portions of (C), (D)(i)(II)
[Prong 3], and (J), which have been disapproved. The disapproved elements have Federal Implementation Plans (FIP)
in place and no further action is needed.
All CAA infrastructure elements under 110(a)(2) have been approved except (D)(ii), and the PSD portions of (C), (D)(i)(II)
[Prong 3], and (J), which have been disapproved, and (D)(i)(I)
[Prongs 1 and 2], which have not yet been submitted. The disapproved elements have Federal Implementation Plans (FIP)
in place and no further action is needed.
Fully approving CAA transport requirements of (D)(i)(I).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
khammond on DSKJM1Z7X2PROD with RULES
[EPA–R05–OAR–2015–0699; FRL–9271–02–
R5]
Air Plan Approval; Ohio; Partial
Approval and Partial Disapproval of
the Muskingum River SO2
Nonattainment Area Plan
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
VerDate Sep<11>2014
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Final rule.
Frm 00033
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The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving a revision to the
Ohio State Implementation Plan (SIP)
intended to provide for attainment of
the 2010 primary, health-based 1-hour
sulfur dioxide (SO2) national ambient
air quality standard (NAAQS or
‘‘standard’’) for the Muskingum River
SO2 nonattainment area. This SIP
revision (hereinafter referred to as the
Muskingum River SO2 plan or plan)
includes Ohio’s attainment
demonstration and other attainment
planning elements required under the
Clean Air Act (CAA). By this action,
EPA is approving the base year
SUMMARY:
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
emissions inventory and affirming that
the nonattainment new source review
requirements for the area have been met.
EPA is disapproving the attainment
plan, since the plan relies on, among
other things, acquisition of a parcel of
land by a facility located within the
nonattainment area, Globe Metallurgical
(Globe), that has not occurred.
Additionally, EPA is disapproving the
plan for failing to meet the requirements
for meeting reasonable further progress
(RFP) toward attainment of the NAAQS,
reasonably available control measures/
reasonably available control technology
(RACM/RACT), emission limitations
and control measures as necessary to
attain the NAAQS, and contingency
measures.
DATES: This final rule is effective on
February 17, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2015–0699. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Gina
Harrison, Environmental Scientist, at
(312) 353–6596 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gina
Harrison, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6956,
harrison.gina@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What actions did EPA propose in this
SIP submission?
On November 30, 2021,1 EPA
proposed to partially approve and
partially disapprove Ohio’s SO2 plan for
the Muskingum River area submitted on
April 3, 2015, and October 13, 2015, and
1 86
FR 67885 (November 30, 2021).
VerDate Sep<11>2014
16:23 Jan 14, 2022
Jkt 256001
supplemented on June 23, 2020, and
June 1, 2021. Prior to the November 30,
2021, proposed rule, on September 29,
2020,2 EPA proposed to approve Ohio’s
SO2 plan for the Muskingum River area.
EPA also proposed to approve and
incorporate by reference Ohio EPA’s
DFFOs issued to Globe on June 23,
2020, including emission limits and
associated compliance monitoring,
recordkeeping, and reporting
requirements. In addition, EPA
proposed to approve the base year
emissions inventory and to affirm that
the new source review requirements for
the area had previously been met.
EPA’s notice of proposed rulemaking
provided an explanation of the
applicable provisions in the CAA and
the measures and limitations identified
in Ohio’s attainment plan to satisfy
these provisions. Ohio’s plan was based
on, among other things, Globe
purchasing a tract of property to the
north of the facility that was modeled to
be impacted by SO2 emissions from the
facility. EPA found that the inclusion of
this property within Globe’s fenceline
was necessary to demonstrate that no
violations of the 1-hour SO2 NAAQS
would occur outside of company
property.
On June 1, 2021, EPA learned from
Ohio EPA that Globe had decided not to
purchase the land as anticipated by the
attainment plan. As the attainment
demonstration relied on the inclusion of
this property within Globe’s fenceline,
failure to obtain the land renders the
attainment demonstration invalid.
Without a valid attainment
demonstration, the proposed plan does
not meet the requirements for meeting
RFP toward attainment of the NAAQS,
RACM/RACT, emission limitations and
control measures as necessary to attain
the NAAQS, and contingency measures.
Final action to disapprove the
attainment demonstration will start
sanctions and Federal implementation
plan (FIP) clocks for this area under
CAA sections 179(a)–(b) and 110(c),
respectively. Sanctions and FIP clocks
will be terminated by an EPA
rulemaking approving a revised
attainment demonstration.
II. What is EPA’s response to comments
received on the proposed rulemaking?
The proposed action described above
provided a public comment period that
closed on December 30, 2021. EPA
received no comments on the proposed
action.
2 85
PO 00000
FR 60933 (September 29, 2020).
Frm 00034
Fmt 4700
Sfmt 4700
III. What action is EPA taking?
EPA is approving the base year
emissions inventory and affirming that
the new source review requirements for
the area have been met. EPA is
disapproving Ohio’s attainment
demonstration for the Muskingum River
SO2 nonattainment area, as well as the
requirements for meeting RFP toward
attainment of the NAAQS, RACM/
RACT, emission limitations and control
measures as necessary to attain the
NAAQS, and contingency measures.
This disapproval starts sanctions
clocks for this area under CAA section
179(a)–(b), including a requirement for
2-for-1 offsets for any major new sources
or major modifications 18 months after
the effective date of this action, and
highway funding sanctions 6 months
thereafter, as well as initiate an
obligation for EPA to promulgate a FIP
within 24 months, under CAA section
110(c), unless in the meantime EPA has
approved a plan that satisfies the
requirements that EPA is finding
unsatisfied. Ohio has committed to
submit a supplemental submittal
addressing EPA’s concerns. Evaluation
of such submittal would take place in a
subsequent action.
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
partially approves and partially
disapproves 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);
E:\FR\FM\18JAR1.SGM
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations
• 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 21, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
2557
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: January 11, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(e) is amended under the heading
‘‘Summary of Criteria Pollutant
Attainment Plans’’ by adding an entry
for ‘‘SO2 (2010)’’ after the entry for ‘‘SO2
(2010)’’ (with a State date of 2/16/2017)
to read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical or
non-attainment
area
Title
*
State date
*
EPA approval
*
*
Comments
*
*
*
Summary of Criteria Pollutant Attainment Plans
*
SO2 (2010) ..................
*
Muskingum River ........
*
*
*
*
1/18/2022, [INSERT FEDERAL REGISTER CITATION].
*
3. Section 52.1873 is amended by
adding paragraph (b) to read as follows:
■
§ 52.1873
*
6/23/2020
*
*
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Approval status.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
(b) The Administrator disapproves
Ohio’s attainment demonstration,
submitted on April 3, 2015, and October
13, 2015, and supplemented on June 23,
2020, and June 1, 2021, for the
Muskingum River SO2 nonattainment
area.
[FR Doc. 2022–00784 Filed 1–14–22; 8:45 am]
VerDate Sep<11>2014
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[RTID 0648–XB717]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Retroactive Quota Transfer From MA
to CT
National Marine Fisheries
Service (NMFS), National Oceanic and
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*
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*
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of quota transfer.
NMFS announces that the
Commonwealth of Massachusetts is
transferring a portion of its 2021
commercial summer flounder quota to
the State of Connecticut. This
retroactive adjustment to the 2021
fishing year quota is necessary to
comply with the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan quota transfer
provisions. This announcement informs
the public of the retroactively revised
SUMMARY:
50 CFR Part 648
AGENCY:
BILLING CODE 6560–50–P
*
*
EPA is approving only the emissions inventory
and nonattainment NSR elements.
E:\FR\FM\18JAR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2555-2557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00784]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0699; FRL-9271-02-R5]
Air Plan Approval; Ohio; Partial Approval and Partial Disapproval
of the Muskingum River SO2 Nonattainment Area Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving a revision to the Ohio State
Implementation Plan (SIP) intended to provide for attainment of the
2010 primary, health-based 1-hour sulfur dioxide (SO2)
national ambient air quality standard (NAAQS or ``standard'') for the
Muskingum River SO2 nonattainment area. This SIP revision
(hereinafter referred to as the Muskingum River SO2 plan or
plan) includes Ohio's attainment demonstration and other attainment
planning elements required under the Clean Air Act (CAA). By this
action, EPA is approving the base year
[[Page 2556]]
emissions inventory and affirming that the nonattainment new source
review requirements for the area have been met. EPA is disapproving the
attainment plan, since the plan relies on, among other things,
acquisition of a parcel of land by a facility located within the
nonattainment area, Globe Metallurgical (Globe), that has not occurred.
Additionally, EPA is disapproving the plan for failing to meet the
requirements for meeting reasonable further progress (RFP) toward
attainment of the NAAQS, reasonably available control measures/
reasonably available control technology (RACM/RACT), emission
limitations and control measures as necessary to attain the NAAQS, and
contingency measures.
DATES: This final rule is effective on February 17, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0699. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Gina
Harrison, Environmental Scientist, at (312) 353-6596 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gina Harrison, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6956,
[email protected].
SUPPLEMENTARY INFORMATION:
I. What actions did EPA propose in this SIP submission?
On November 30, 2021,\1\ EPA proposed to partially approve and
partially disapprove Ohio's SO2 plan for the Muskingum River
area submitted on April 3, 2015, and October 13, 2015, and supplemented
on June 23, 2020, and June 1, 2021. Prior to the November 30, 2021,
proposed rule, on September 29, 2020,\2\ EPA proposed to approve Ohio's
SO2 plan for the Muskingum River area. EPA also proposed to
approve and incorporate by reference Ohio EPA's DFFOs issued to Globe
on June 23, 2020, including emission limits and associated compliance
monitoring, recordkeeping, and reporting requirements. In addition, EPA
proposed to approve the base year emissions inventory and to affirm
that the new source review requirements for the area had previously
been met.
---------------------------------------------------------------------------
\1\ 86 FR 67885 (November 30, 2021).
\2\ 85 FR 60933 (September 29, 2020).
---------------------------------------------------------------------------
EPA's notice of proposed rulemaking provided an explanation of the
applicable provisions in the CAA and the measures and limitations
identified in Ohio's attainment plan to satisfy these provisions.
Ohio's plan was based on, among other things, Globe purchasing a tract
of property to the north of the facility that was modeled to be
impacted by SO2 emissions from the facility. EPA found that
the inclusion of this property within Globe's fenceline was necessary
to demonstrate that no violations of the 1-hour SO2 NAAQS
would occur outside of company property.
On June 1, 2021, EPA learned from Ohio EPA that Globe had decided
not to purchase the land as anticipated by the attainment plan. As the
attainment demonstration relied on the inclusion of this property
within Globe's fenceline, failure to obtain the land renders the
attainment demonstration invalid. Without a valid attainment
demonstration, the proposed plan does not meet the requirements for
meeting RFP toward attainment of the NAAQS, RACM/RACT, emission
limitations and control measures as necessary to attain the NAAQS, and
contingency measures. Final action to disapprove the attainment
demonstration will start sanctions and Federal implementation plan
(FIP) clocks for this area under CAA sections 179(a)-(b) and 110(c),
respectively. Sanctions and FIP clocks will be terminated by an EPA
rulemaking approving a revised attainment demonstration.
II. What is EPA's response to comments received on the proposed
rulemaking?
The proposed action described above provided a public comment
period that closed on December 30, 2021. EPA received no comments on
the proposed action.
III. What action is EPA taking?
EPA is approving the base year emissions inventory and affirming
that the new source review requirements for the area have been met. EPA
is disapproving Ohio's attainment demonstration for the Muskingum River
SO2 nonattainment area, as well as the requirements for
meeting RFP toward attainment of the NAAQS, RACM/RACT, emission
limitations and control measures as necessary to attain the NAAQS, and
contingency measures.
This disapproval starts sanctions clocks for this area under CAA
section 179(a)-(b), including a requirement for 2-for-1 offsets for any
major new sources or major modifications 18 months after the effective
date of this action, and highway funding sanctions 6 months thereafter,
as well as initiate an obligation for EPA to promulgate a FIP within 24
months, under CAA section 110(c), unless in the meantime EPA has
approved a plan that satisfies the requirements that EPA is finding
unsatisfied. Ohio has committed to submit a supplemental submittal
addressing EPA's concerns. Evaluation of such submittal would take
place in a subsequent action.
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 partially approves and partially disapproves 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);
[[Page 2557]]
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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 21, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: January 11, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (e) is amended under the
heading ``Summary of Criteria Pollutant Attainment Plans'' by adding an
entry for ``SO2 (2010)'' after the entry for
``SO2 (2010)'' (with a State date of 2/16/2017) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographical or
Title non-attainment State date EPA approval Comments
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
SO2 (2010).................... Muskingum River.. 6/23/2020 1/18/2022, [INSERT EPA is approving only
FEDERAL REGISTER the emissions
CITATION]. inventory and
nonattainment NSR
elements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1873 is amended by adding paragraph (b) to read as
follows:
Sec. 52.1873 Approval status.
* * * * *
(b) The Administrator disapproves Ohio's attainment demonstration,
submitted on April 3, 2015, and October 13, 2015, and supplemented on
June 23, 2020, and June 1, 2021, for the Muskingum River SO2
nonattainment area.
[FR Doc. 2022-00784 Filed 1-14-22; 8:45 am]
BILLING CODE 6560-50-P
