43338 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 

vessel; Maine State Police, Maine 

Marine Patrol or other designated craft; 

or may be on shore and communicating 

with vessels via VHF–FM radio or 

loudhailer. Members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(6) During periods of enforcement, 

upon being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of the vessel 

must proceed as directed. 

(7) All other relevant regulations, 

including but not limited to the Rules of 

the Road (33 CFR § 84—Subchapter E, 

Inland Navigational Rules) remain in 

effect within the regulated area and 

must be strictly followed at all times. 

(c) Enforcement Period. This 

regulation is enforceable 24 hours a day 

from 12:01 a.m. on September 1, 2014 

until 11:59 p.m. on April 30, 2017. 

(1) Prior to commencing or 

suspending enforcement of this 

regulation, the COTP will give notice by 

appropriate means to inform the 

affected segments of the public, to 

include dates and times. Such means of 

notification will include, but are not 

limited to, Broadcast Notice to Mariners 

and Local Notice to Mariners. 

(2) Violations of this RNA may be 

reported to the COTP at 207–767–0303 

or on VHF-Channel 16. 

Dated: July 15, 2014. 

L. L. Fagan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2014–17599 Filed 7–24–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0888; EPA–R05– 

OAR–2011–0969; EPA–R05–OAR–2012– 

0991; EPA–R05–OAR–2013–0435; FRL– 

9914–21–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Infrastructure SIP Requirements for 

the 2008 Lead, 2008 Ozone, 2010 NO2, 

and 2010 SO2 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of state implementation plan 

(SIP) submissions from Ohio regarding 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2008 lead (Pb), 2008 ozone, 2010 

nitrogen dioxide (NO2), and 2010 sulfur 

dioxide (SO2) 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 August 25, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0888 (2008 Pb infrastructure 

elements), EPA–R05–OAR–2011–0969 

(2008 ozone infrastructure elements), 

EPA–R05–OAR–2012–0991 (2010 NO2

infrastructure elements), or EPA–R05– 

OAR–2013–0435 (2010 SO2

infrastructure elements) by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID. EPA–R05–OAR–2011–0888 

(2008 Pb infrastructure elements), EPA– 

R05–OAR–2011–0969 (2008 ozone 

infrastructure elements), EPA–R05– 

OAR–2012–0991 (2010 NO2

infrastructure elements), or EPA–R05– 

OAR–2013–0435 (2010 SO2

infrastructure elements). EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Andy Chang, 

Environmental Engineer, at (312) 886– 

0258 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

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) 886–0258, 

chang.andy@epa.gov. 

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 should I consider as I prepare my 

comments for EPA? 

II. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

B. Why did the state make these SIP 

submissions? 

C. What is the scope of this rulemaking? 


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1PM2.5 refers to particulate matter of 2.5 microns 

or less in diameter, oftentimes referred to as ‘‘fine’’ 

particles. 

III. What guidance is EPA using to evaluate 

these SIP submissions? 

IV. What is the result of EPA’s review of 

these SIP submissions? 

A. Section 110(a)(2)(A)—Emission Limits 

and Other Control Measures 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; PSD 

D. Section 110(a)(2)(D)—Interstate 

Transport 

E. Section 110(a)(2)(E)—Adequate 

Resources 

F. Section 110(a)(2)(F)—Stationary Source 

Monitoring System 

G. Section 110(a)(2)(G)—Emergency 

Powers 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

I. Section 110(a)(2)(I)—Nonattainment Area 

Plan or Plan Revisions under Part D 

J. Section 110(a)(2)(J)—Consultation With 

Government Officials; Public 

Notifications; PSD; Visibility Protection 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

L. Section 110(a)(2)(L)—Permitting Fees 

M. Section 110(a)(2)(M)—Consultation/

Participation by Affected Local Entities 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

This rulemaking addresses 

submissions from the Ohio 

Environmental Protection Agency (Ohio 

EPA). The state submitted its 

infrastructure SIP for each NAAQS on 

the following dates: 2008 Pb—October 

12, 2011, and supplemented on June 7, 

2013; 2008 ozone—December 27, 2012, 

and supplemented on June 7, 2013; 

2010 NO2—February 8, 2013, and 

supplemented on February 25, 2013, 

and June 7, 2013; and, 2010 SO2—June 

7, 2013. 

B. Why did the state make these SIP 

submissions? 

Under sections 110(a)(1) and (2) of the 

CAA, states are required to submit 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2008 Pb, 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. These submissions must 

contain any revisions needed for 

meeting the applicable SIP requirements 

of section 110(a)(2), or certifications that 

their existing SIPs for the NAAQS 

already meet those requirements. 

EPA highlighted this statutory 

requirement in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

Memo). On September 25, 2009, EPA 

issued an additional guidance document 

pertaining to the 2006 PM2.5 1 NAAQS 

entitled ‘‘Guidance on SIP Elements 

Required Under Sections 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS)’’ (2009 Memo), 

followed by the October 14, 2011, 

‘‘Guidance on Infrastructure SIP 

Elements Required Under Sections 

110(a)(1) and (2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards 

(NAAQS)’’ (2011 Memo). Most recently, 

EPA issued ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and (2)’’ on September 13, 

2013 (2013 Memo). 

The SIP submissions referenced in 

this rulemaking pertain to the 

applicable requirements of section 

110(a)(1) and (2), and address the 2008 

Pb, 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. To the extent that the 

prevention of significant deterioration 

(PSD) program is comprehensive and 

non-NAAQS specific, a narrow 

evaluation of other NAAQS, such as the 

1997 8-hour ozone and 2006 PM2.5

NAAQS will be included in the 

appropriate sections. 

C. What is the scope of this rulemaking? 

EPA is acting upon the SIP 

submissions from Ohio that address the 

infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. The requirement for 

states to make a SIP submission of this 

type arises out of CAA section 110(a)(1). 

Pursuant to section 110(a)(1), states 

must make SIP submissions ‘‘within 3 

years (or such shorter period as the 

Administrator may prescribe) after the 

promulgation of a national primary 

ambient air quality standard (or any 

revision thereof),’’ and these SIP 

submissions are to provide for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

EPA has historically referred to these 

SIP submissions made for the purpose 

of satisfying the requirements of CAA 

sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Although the term ‘‘infrastructure SIP’’ 

does not appear in the CAA, EPA uses 

the term to distinguish this particular 

type of SIP submission from 

submissions that are intended to satisfy 

other SIP requirements under the CAA, 

such as ‘‘nonattainment SIP’’ or 

‘‘attainment plan SIP’’ submissions to 

address the nonattainment planning 

requirements of part D of title I of the 

CAA, ‘‘regional haze SIP’’ submissions 

required by EPA rule to address the 

visibility protection requirements of 

CAA section 169A, and nonattainment 

new source review (NNSR) permit 

program submissions to address the 

permit requirements of CAA, title I, part 

D. 

This rulemaking will not cover three 

substantive areas that are not integral to 

acting on a state’s infrastructure SIP 

submission: (i) Existing provisions 

related to excess emissions during 

periods of start-up, shutdown, or 

malfunction at sources, that may be 

contrary to the CAA and EPA’s policies 

addressing such excess emissions 

(‘‘SSM’’); (ii) existing provisions related 

to ‘‘director’s variance’’ or ‘‘director’s 

discretion’’ that purport to permit 

revisions to SIP approved emissions 

limits with limited public process or 

without requiring further approval by 


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2See, e.g., EPA’s 73 FR 66964 at 67034, final rule 

on ‘‘National Ambient Air Quality Standards for 

Lead.’’ 

3PM10 refers to particles with diameters between 

2.5 and 10 microns, oftentimes referred to as 

‘‘coarse’’ particles. 

4 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 Pb, 

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 2008 Pb NAAQS. 

EPA, that may be contrary to the CAA 

(collectively referenced as ‘‘director’s 

discretion’’); and, (iii) existing 

provisions for PSD programs that may 

be inconsistent with current 

requirements of EPA’s ‘‘Final NSR 

Improvement Rule,’’ 67 FR 80186 

(December 31, 2002), as amended by 72 

FR 32526 (June 13, 2007) (‘‘NSR 

Reform’’). Instead, EPA has the 

authority to address each one of these 

substantive areas in separate 

rulemaking. A detailed history, 

interpretation, and rationale related to 

infrastructure SIP requirements can be 

found in EPA’s May 13, 2014, proposed 

rule entitled, ‘‘Infrastructure SIP 

Requirements for the 2008 Lead 

NAAQS’’ in the section, ‘‘What is the 

scope of this rulemaking?’’ (see 79 FR 

27241 at 27242–27245). 

III. What guidance is EPA using to 

evaluate these SIP submissions? 

EPA’s guidance for these 

infrastructure SIP submissions is 

embodied in the 2007 Memo. 

Specifically, attachment A of the 2007 

Memo (Required Section 110 SIP 

Elements) identifies the statutory 

elements that states need to submit in 

order to satisfy the requirements for an 

infrastructure SIP submission. The 2009 

Memo was issued to provide additional 

guidance for certain elements to meet 

the requirements of section 110(a)(1) 

and (2) of the CAA, and the 2011 Memo 

provides guidance specific to the 2008 

Pb NAAQS. Lastly, the 2013 Memo 

identifies and further clarifies aspects of 

infrastructure SIPs that are not NAAQS 

specific. 

IV. What is the result of EPA’s review 

of these SIP submissions? 

As noted in the 2011 Memo and 

reiterated in the 2013 Memo, pursuant 

to section 110(a), states must provide 

reasonable notice and opportunity for 

public hearing for all infrastructure SIP 

submissions. Ohio EPA provided the 

opportunity for public comment for 

each NAAQS that ended on the 

following dates: 2008 Pb—October 11, 

2011; 2008 ozone—December 21, 2012; 

2010 NO2—February 19, 2013; and, 

2010 SO2—June 5, 2013. The state did 

not receive any comments during the 

comment periods. 

EPA is also soliciting comment on our 

evaluation of the state’s infrastructure 

SIP submissions in this notice of 

proposed rulemaking. Ohio provided 

detailed synopses of how various 

components of its SIP meet each of the 

requirements in section 110(a)(2) for the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS, as applicable. The 

following review evaluates the state’s 

submissions. 

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. However, EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.2 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. 

Ohio Revised Code (ORC) 3704.03 

provides the Director of Ohio EPA with 

the authority to develop rules and 

regulations necessary to meet state and 

Federal ambient air quality standards. 

Ohio also has SIP approved provisions 

for specific pollutants. For example, 

Ohio Administrative Code (OAC) 3745– 

71 regulates provides for the direct 

regulation of Pb emissions, and OAC 

3745–18 provides for the direct 

regulation of SO2 emissions. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 110(a)(2)(A) with respect to the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. 

As previously noted, EPA is not 

proposing at this time to approve or 

disapprove any existing state provisions 

or rules related to SSM or director’s 

discretion in the context of section 

110(a)(2)(A). 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to include 

provisions to provide for establishing 

and operating ambient air quality 

monitors, collecting and analyzing 

ambient air quality data, and making 

these data available to EPA upon 

request. This 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, 

(iii) provides EPA Regional Offices with 

prior notification of any planned 

changes to monitoring sites or the 

network plan. 

Ohio EPA continues to operate a 

monitoring network, and EPA approved 

the state’s 2014 Annual Air Monitoring 

Network Plan for Pb, ozone, NO2, and 

SO2 on October 30, 2013. Furthermore, 

Ohio EPA populates AQS with air 

quality monitoring data in a timely 

manner, and provides EPA with prior 

notification when considering a change 

to its monitoring network or plan. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 110(a)(2)(B) with respect to the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; 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 NSR 

requirements under PSD and NNSR 

programs. Part C of the CAA (sections 

160–169B) addresses PSD, while part D 

of the CAA (sections 171–193) addresses 

NNSR requirements. 

The evaluation of each state’s 

submission addressing the 

infrastructure SIP requirements of 

section 110(a)(2)(C) covers: (i) 

Enforcement of SIP measures; (ii) PSD 

program for the 2008 Pb NAAQS; (iii) 

PSD provisions that explicitly identify 

oxides of nitrogen (NOX) as a precursor 

to ozone in the PSD program; (iv) 

identification of precursors to PM2.5 and 

the identification of PM2.5 and PM10 3

condensables in the PSD program; (v) 

PM2.5 increments in the PSD program; 

and (vi) greenhouse gas (GHG) 

permitting and the ‘‘Tailoring Rule.’’ 4

In this rulemaking, we are evaluating 

Ohio EPA’s submissions with respect to 

the enforcement of SIP measures. 

However, we are not taking action on 

the state’s satisfaction of the various 

PSD and GHG permitting requirements. 


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5The level of the 2010 NO2 NAAQS for is 100 

parts per billion (ppb) and the form is the 3-year 

average of the annual 98th percentile of the daily 

1-hour maximum. For the most recent design 

values, see http://www.epa.gov/airtrends/

values.html. 

Instead, EPA will evaluate Ohio’s 

compliance with each of these 

requirements in a separate rulemaking. 

Ohio EPA staffs and implements an 

enforcement program. ORC 3704.03 

provides the Director of Ohio EPA with 

the authority to implement the 

enforcement program as well as NSR 

provisions within OAC 3745–31. Ohio 

EPA compiles all air pollution control 

enforcement settlements in the state, 

and makes them available for public 

review on its Web site. EPA proposes 

that Ohio has met the enforcement of 

SIP measures requirements of section 

110(a)(2)(C) with respect to the 2008 Pb, 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. 

For the purposes of the 2008 Pb, 2008 

ozone, 2010 NO2, and 2010 SO2 NAAQS 

infrastructure SIPs, EPA reiterates that 

NSR reform regulations are not in the 

scope of these actions. Therefore, we are 

not taking action on existing NSR 

reform regulations for Ohio. To address 

the pre-construction regulation of the 

modification and construction of minor 

stationary sources and minor 

modifications of major stationary 

sources, an infrastructure SIP 

submission should identify the existing 

EPA-approved SIP provisions and/or 

include new provisions that govern the 

minor source pre-construction program 

that regulates emissions of the relevant 

NAAQS pollutants. EPA approved 

Ohio’s minor NSR program on January 

22, 2003 (68 FR 2909). Since this date, 

Ohio EPA 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 2008 

Pb, 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. 

Certain sub-elements in this section 

overlap with elements of section 

110(a)(2)(D)(i) and section 110(a)(2)(J). 

These links will be discussed in the 

appropriate areas below. 

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. 

With respect to the 2008 Pb NAAQS, 

the 2011 Memo notes that the physical 

properties of Pb prevent it from 

experiencing the same travel or 

formation phenomena as PM2.5 or 

ozone. Specifically, there is a sharp 

decrease in Pb concentrations as the 

distance from a Pb source increases. 

Accordingly, it may be possible for a 

source in a state to emit Pb at a location 

and in such quantities that contribute 

significantly to nonattainment in, or 

interference with maintenance by, any 

other state. However, EPA anticipates 

that this would be a rare situation, e.g., 

sources emitting large quantities of Pb 

are in close proximity to state 

boundaries. The 2011 Memo suggests 

that the applicable interstate transport 

requirements of section 110(a)(2)(D)(i)(I) 

can be met through a state’s assessment 

as to whether or not emissions from Pb 

sources located in close proximity to its 

borders have emissions that impact a 

neighboring state such that they 

contribute significantly to 

nonattainment or interfere with 

maintenance in that state. One way that 

a state’s conclusion could be supported 

is by the technical support documents 

used for initial area designations for Pb. 

Ohio’s infrastructure SIP submission 

for the 2008 Pb NAAQS notes that there 

are three areas designated as 

nonattainment for the 2008 Pb NAAQS 

located in portions of Cuyahoga County, 

Fulton County, and Logan County (see 

75 FR 71033). None of these areas are 

located in close proximity to any of 

Ohio’s border, and Ohio EPA provided 

a map of Pb-emitting sources in the state 

showing that sources emitting 0.5 tpy or 

above are not in close proximity to any 

state borders. EPA’s final technical 

support documents for the 

nonattainment areas located in Ohio 

support the conclusion that the ambient 

concentration of Pb are not expected to 

exceed the NAAQS outside of the 

nonattainment boundaries. 

Furthermore, EPA does not believe that 

the elevated levels of ambient Pb 

concentrations in Cuyahoga County, 

Fulton County, or Logan County (or 

emissions from any other county) would 

cause or contribute to a violation of the 

2008 Pb NAAQS in a neighboring state 

or create a situation in a neighboring 

state where maintenance of the 2008 Pb 

NAAQS was not possible. Therefore, 

EPA proposes that Ohio has met this set 

of requirements related to section 

110(a)(2)(D)(i)(I) for the 2008 Pb 

NAAQS. 

On February 17, 2012, EPA 

promulgated designations for the 2010 

NO2 NAAQS, stating, ‘‘The EPA is 

designating areas as ‘‘unclassifiable/

attainment’’ to mean that available 

information does not indicate that the 

air quality in these areas exceeds the 

2010 NO2 NAAQS’’ (see 77 FR 9532). 

For comparison purposes, EPA 

examined the design values 5 from NO2

monitors in Ohio and surrounding 

states. The highest design value based 

on data collected between 2010 and 

2012 was 65 ppb at a monitor in 

Philadelphia, Pennsylvania. EPA 

believes that with the continued 

implementation of the state’s SIPapproved PSD and NNSR regulations 

found in OAC 3745–31, these low 

monitored values of NO2 will continue 

in and around Ohio. In other words, the 

NO2 emissions from Ohio are not 

expected to cause or contribute to a 

violation of the 2010 NO2 NAAQS in 

another state, and these emissions not 

likely to interfere with the maintenance 

of the 2010 NO2 NAAQS in another 

state. Therefore, EPA proposes that Ohio 

has met this set of requirements related 

to section 110(a)(2)(D)(i)(I) for the 2010 

NO2 NAAQS. 

In this rulemaking, EPA is not 

proposing to approve or disapprove 

Ohio’s compliance with section 

110(a)(2)(D)(i)(I) with respect to the 

2008 ozone and 2010 SO2 NAAQS. 

Instead, we will address the state’s 

satisfaction of these requirements with 

respect to these two NAAQS in a 

separate rulemaking. 

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 to prevent 

significant deterioration of air quality or 

to protect visibility in another state. As 

previously noted, EPA will evaluate 

Ohio’s compliance with the various PSD 

and GHG infrastructure SIP 

requirements in a separate rulemaking. 

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 can be found in OAC 3745– 

31–21; these regulations contain 

provisions for how the state must treat 

and control sources in nonattainment 

areas, consistent with 40 CFR 51.165, or 

appendix S to 40 CFR 51. In this 

rulemaking, EPA is taking no action on 

this set of requirements under section 

110(a)(2)(D)(i)(II). Instead, we will 

address Ohio’s satisfaction of these 

provisions in a separate rulemaking. 

With regard to the applicable 

requirements for visibility protection of 


emcdonald on DSK67QTVN1PROD with PROPOSALS
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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). The 2009 Memo, the 2011 

Memo, and 2013 Memo state that these 

requirements can be satisfied by an 

approved SIP addressing reasonably 

attributable visibility impairment, if 

required, or an approved SIP addressing 

regional haze. 

Alternatively, the 2011 Memo states 

that most, if not all, Pb stationary 

sources are located at distances from 

Class I areas such that visibility impacts 

would be negligible. Although Pb can be 

a component of coarse and fine 

particles, it generally comprises a small 

fraction. When EPA evaluated the extent 

that Pb could impact visibility, Pbrelated visibility impacts were found to 

be insignificant (e.g., less than 0.10%). 

Therefore, EPA anticipates that Pb 

emissions will contribute only 

negligibly to visibility impairment at 

Class I areas, and states can include an 

assessment as to this assumption in 

their submissions. The closest Class I 

area (Otter Creek Wilderness, West 

Virginia) is located approximately 150 

miles from the Ohio-West Virginia 

border, and EPA anticipates that this 

area (or any other Class I area) would 

experience less than 0.10% of adverse 

visibility impact from any Pb-emitting 

source in Ohio. As previously noted, 

EPA’s final technical support 

documents for the nonattainment areas 

located in Ohio support the conclusion 

that the ambient concentration of Pb are 

not expected to exceed the NAAQS 

outside of the nonattainment 

boundaries. EPA proposes that Ohio has 

met this set of infrastructure SIP 

requirements of 110(a)(2)(D)(i)(II) for the 

2008 Pb NAAQS. 

In this rulemaking, EPA is not 

proposing to approve or disapprove 

Ohio’s satisfaction of the visibility 

protection requirements of section 

110(a)(2)(D)(i)(II) for the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQs. 

Instead, EPA will evaluate Ohio’s 

compliance with these requirements in 

a separate rulemaking. 

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 that require new 

or modified sources to notify 

neighboring states of potential negative 

air quality impacts. The state’s 

submissions reference these provisions 

as being adequate to meet the 

requirements of section 126(a). EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 126(a) with respect to the 2008 

Pb, 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. Ohio has no obligations 

under any other section of section 126. 

The infrastructure SIP submissions 

from Ohio affirm that it does not have 

pending obligations under section 115. 

Therefore, EPA is proposing that Ohio 

has the applicable infrastructure SIP 

requirements of section 110(a)(2)(D)(ii) 

related to section 115 of the CAA 

(international pollution abatement) for 

the 2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. 

E. Section 110(a)(2)(E)—Adequate 

Resources 

This section requires each state to 

provide for adequate personnel, 

funding, and legal authority under state 

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. 

Sub-element 1: Adequate personnel, 

funding, and legal authority under state 

law to carry out its SIP, and related 

issues. At the time of each of its 

submissions, Ohio EPA included its 

most recent biennial budget with its 

submittal, which details the funding 

sources and program priorities 

addressing the required SIP programs. 

Ohio EPA has routinely demonstrated 

that it retains adequate personnel to 

administer its air quality management 

program, and Ohio’s environmental 

performance partnership agreement 

with EPA documents certain funding 

and personnel levels at Ohio EPA. As 

discussed in previous sections, 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 2008 Pb, 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

Sub-element 2: State board 

requirements under section 128 of the 

CAA. 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. 

On June 7, 2013, Ohio EPA provided 

a supplemental submission to its 2008 

Pb, 2008 ozone, and 2010 NO2 as part 

of its infrastructure SIP submission for 

the 2010 SO2 NAAQS clarifying that the 

state 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 

Ohio EPA. 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. In its June 7, 2013, 

submission, Ohio EPA notes that EPA 

has previously approved provisions into 

Ohio’s SIP addressing these 

requirements (see 46 FR 57490). 

Notably, ORC 102: Public Officers— 

Ethics contains provisions that require 

the Director of Ohio EPA (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 that Ohio has met the 

applicable infrastructure SIP 

requirements for this section of 

110(a)(2)(E) for the 2008 Pb, 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

States must establish a system to 

monitor emissions from stationary 

sources and submit periodic emissions 

reports. Each plan shall also require the 

installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources. The state plan shall 

also require periodic reports on the 

nature and amounts of emissions and 

emissions-related data from such 

sources, and correlation of such reports 

by each state agency with any emission 

limitations or standards established 

pursuant to this chapter. Lastly, the 


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6See appendix R to 40 CFR part 50 for data 

handling conventions and computations necessary 

for determining when the NAAQS are met. 7See http://www.epa.ohio.gov/dapc/sip/sip.aspx. 

reports shall be available at reasonable 

times for public inspection. 

Ohio EPA district offices and local air 

agencies are currently required to 

witness 50% of all source testing and 

review 100% of all tests. EPA-approved 

rules in OAC 3745–15 contain 

provisions for the submission of 

emissions reports, and OAC 3745–77 

and OAC 3745–31 provide requirements 

for recordkeeping by sources. EPA 

recognizes that Ohio has routinely 

submitted quality assured analyses and 

data for publication, and therefore 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 110(a)(2)(F) with respect to the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. 

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. The 2013 

Memo 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 Ohio EPA 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. EPA proposes that Ohio has met 

the applicable infrastructure SIP 

requirements for this portion of section 

110(a)(2)(G) with respect to the 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. 

Specific to Pb as indicated in the 2011 

Memo, EPA believes that the central 

components of a contingency plan for 

the 2008 Pb NAAQS would be to reduce 

emissions from the source at issue and 

to communicate with the public as 

needed. Where a state believes, based on 

its inventory of Pb sources and historic 

monitoring data that it does not need a 

more specific contingency plan beyond 

having authority to restrain any source 

from causing or contributing to an 

imminent and substantial 

endangerment, then the state could 

provide such a detailed rationale in 

place of a specific contingency plan. 

EPA has reviewed historic data at Pb 

monitoring sites throughout Ohio, and 

believes that a specific contingency plan 

beyond having authority to restrain any 

source from causing or contributing to 

an imminent and substantial 

endangerment is not necessary at this 

time. For example, one way to quantify 

the possibility of imminent and 

substantial endangerment in this 

context would be a daily monitored 

value for Pb that could by itself cause 

a violation of the 2008 Pb NAAQS.6

EPA has reviewed data from 2011–2013 

(the most recent three calendar year 

block of complete data) and observes 

that no such daily monitored value 

exists. 

As described in the section detailing 

interstate transport of Pb, EPA does not 

anticipate other areas in Ohio needing 

specific contingency measures due to 

low Pb emissions. In conjunction with 

OAC 3745–25 as described above, EPA 

proposes that Ohio has met the 

applicable infrastructure SIP 

requirements of section 110(a)(2)(G) 

related to contingency measures for the 

2008 Pb 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 Ohio 

EPA 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 Ohio EPA with the authority to 

develop programs for the prevention, 

and abatement of air pollution. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 110(a)(2)(H) with respect to the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 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. 

Sub-element 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. 

Ohio EPA actively participates in the 

regional planning efforts that include 

both the state rule developers as well as 

representatives from the FLMs and other 

affected stakeholders. The FLMs are also 

included in Ohio EPA’s interested party 

lists which provide announcements of 

draft and proposed rule packages. OAC 

3745–31–06 is a SIP-approved rule 

which requires 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 which requires giving reasonable 

public notice and conducting public 

hearings on any plans for the 

prevention, control, and abatement of 

air pollution that the Director of Ohio 

EPA is required to submit to EPA. 

Additionally, Ohio is an active member 

of the Lake Michigan Air Director’s 

Consortium (LADCO). Therefore, EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(J) with 

respect to the 2008 Pb, 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

Sub-element 2: Public notification. 

Section 110(a)(2)(J) also requires states 

to notify the public if NAAQS are 

exceeded in an area and must enhance 

public awareness of measures that can 

be taken to prevent exceedances. 

Ohio EPA maintains portions of its 

Web site specifically for issues related 

to the 2008 Pb, 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS.7 The 

information contained in these pages 

includes background on the health 

effects of each of these pollutants, the 

areas of most concern, and the strategies 

that the state has been taking to address 

the elevated levels, if any, of the 

pollutants. Ohio EPA also actively 

populates EPA’s AIRNOW program, and 


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prepares annual data reports from its 

complete monitoring network. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(J) with 

respect to the 2008 Pb, 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

Sub-element 3: PSD. States must meet 

applicable requirements of section 

110(a)(2)(C) related to PSD. Ohio’s PSD 

program in the context of infrastructure 

SIPs has already been discussed in the 

paragraphs addressing section 

110(a)(2)(C) and 110(a)(2)(D)(i)(II). EPA 

will evaluate Ohio’s compliance with 

the various PSD and GHG infrastructure 

SIP requirements in a separate 

rulemaking. 

Sub-element 4: Visibility protection. 

With regard to the applicable 

requirements for 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, the 

visibility protection requirements of 

section 110(a)(2)(J) are not germane to 

infrastructure SIPs for the 2008 Pb, 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

SIPs must provide for performing air 

quality modeling for predicting effects 

on air quality of emissions from any 

NAAQS pollutant and submission of 

such data to EPA upon request. 

Ohio EPA reviews the potential 

impact of major and some minor new 

sources, consistent with 40 CFR part 51, 

appendix W, ‘‘Guidelines on Air Quality 

Models,’’ as well as Ohio EPA 

Engineering Guide 69. These modeling 

data are available to EPA upon request. 

The regulatory requirements related to 

PSD modeling can be found in SIPapproved 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 SIPapproved ORC 3704.03. The state also 

collaborates with LADCO and EPA in 

order to perform modeling. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 110(a)(2)(K) with respect to the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 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. 

Ohio EPA 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. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

section 110(a)(2)(L) for the 2008 Pb, 

2008 ozone, 2010 NO2, and 2010 SO2

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. 

Ohio EPA follows approved 

procedures for allowing public 

participation, consistent with OAC 

3745–47, which is part of the approved 

SIP. Consultation with local 

governments is authorized through ORC 

3704.03(B). Ohio EPA provides a public 

participation process for all 

stakeholders that includes a minimum 

of a 30-day comment period and a 

public hearing for all SIP related 

actions. EPA proposes that Ohio has met 

the infrastructure SIP requirements of 

section 110(a)(2)(M) with respect to the 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. 

V. What action is EPA taking? 

EPA is proposing to approve most 

elements of submissions from Ohio EPA 

certifying that its current SIP is 

sufficient to meet the required 

infrastructure elements under sections 

110(a)(1) and (2) for the 2008 Pb, 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. EPA’s proposed actions for the 

state’s satisfaction of infrastructure SIP 

requirements, by element of section 

110(a)(2) and NAAQS, are contained in 

the table below. 

Element 2008 

Pb 

2008 

Ozone 

2010 

NO2

2010 

SO2

(A): Emission limits and other control measures ............................................................................ A A A A 

(B): Ambient air quality monitoring and data system ...................................................................... A A A A 

(C)1: Enforcement of SIP measures ............................................................................................... A A A A 

(C)2: PSD program for Pb ............................................................................................................... NA NA NA NA 

(C)3: NOX as a precursor to ozone for PSD ................................................................................... NA NA NA NA 

(C)4: PM2.5 Precursors/PM2.5 and PM10 condensables for PSD ..................................................... NA NA NA NA 

(C)5: PM2.5 Increments .................................................................................................................... NA NA NA NA 

(C)5: GHG permitting thresholds in PSD regulations ...................................................................... NA NA NA NA 

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ..................................... A NA A NA 

(D)2: PSD ........................................................................................................................................ NA NA NA NA 

(D)3: Visibility Protection ................................................................................................................. A NA NA NA 

(D)4: Interstate Pollution Abatement ............................................................................................... A A A A 

(D)5: International Pollution Abatement .......................................................................................... A A A A 

(E): Adequate resources .................................................................................................................. A A A A 

(E): State boards ............................................................................................................................. A A A A 

(F): Stationary source monitoring system ....................................................................................... A A A A 

(G): Emergency power .................................................................................................................... A A A A 

(H): Future SIP revisions ................................................................................................................. A A A A 

(I): Nonattainment area plan or plan revisions under part D .......................................................... NA NA NA NA 

(J)1: Consultation with government officials .................................................................................... A A A A 

(J)2: Public notification .................................................................................................................... A A A A 

(J)3: PSD ......................................................................................................................................... NA NA NA NA 

(J)4: Visibility protection ................................................................................................................... + + + + 

(K): Air quality modeling and data ................................................................................................... A A A A 

(L): Permitting fees .......................................................................................................................... A A A A 


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Element 2008 

Pb 

2008 

Ozone 

2010 

NO2

2010 

SO2

(M): Consultation and participation by affected local entities ......................................................... A A A A 

In the above table, the key is as 

follows: 

A Approve 

NA No Action/Separate Rulemaking 

+ Not germane to infrastructure SIPs 

VI. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Lead, Ozone, Nitrogen 

dioxide, Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: July 14, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–17591 Filed 7–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0343: FRL -9914–34- 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Washington State 

Implementation Plan (SIP) that were 

submitted by the Department of Ecology 

(Ecology) on January 27, 2014. These 

revisions update the preconstruction 

permitting regulations for large 

industrial (major source) facilities 

located in designated nonattainment 

areas, referred to as the Nonattainment 

New Source Review (major 

nonattainment NSR or major NNSR) 

program. While these revisions update 

Ecology’s major NNSR program 

generally, the most significant change is 

the incorporation of regulations to 

implement major NNSR for fine 

particulate matter, particles with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers (PM2.5). 

The major NNSR program is designed to 

ensure that major stationary sources of 

air pollution are constructed or 

modified in a manner that is consistent 

with attainment and maintenance of the 

National Ambient Air Quality Standards 

(NAAQS). 

DATES: Comments must be received on 

or before August 25, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0343, by any of the 

following methods: 

A. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Jeff Hunt, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

C. Email: R10-Public_Comments@

epa.gov. 

D. Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Jeff Hunt, Office of Air, Waste 

and Toxics, AWT—107. Such deliveries 

are only accepted during normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2014– 

0343. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 


emcdonald on DSK67QTVN1PROD with PROPOSALS