Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13671 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except federal holidays 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, GA 

30337. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.11E, Airspace 

Designations and Reporting Points, 

dated July 21, 2020, and effective 

September 15, 2020. FAA Order 

7400.11E is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA proposes an amendment to 

14 CFR part 71 to establish Class E 

airspace extending upward from 700 

feet above the surface at Doylestown 

Airport, Doylestown, PA, providing the 

controlled airspace required to support 

RNAV (GPS) standard instrument 

approach procedures for IFR operations 

at this airport. 

Class E airspace designations are 

published in Paragraph 6005, of FAA 

Order 7400.11E, dated July 21, 2020, 

and effective September 15, 2020, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’, prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Doylestown, PA [New] 

Doylestown Airport, PA 

(Lat. 40°19′59′′ N, long. 75°07′20′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.6-mile 

radius of Doylestown Airport, and within 3.9 

miles each side of the 050° bearing from the 

airport, extending from the 7.6-mile radius to 

13.8 miles northeast of the airport. 

Issued in College Park, Georgia, on March 

3, 2021. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–04820 Filed 3–9–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2018–0694; FRL–10017– 

06–Region 5] 

Air Plan Approval; Ohio; Infrastructure 

SIP Requirements for the 2015 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of a state implementation plan 

(SIP) submission from Ohio regarding 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2015 ozone National Ambient 

Air Quality Standards (NAAQS). The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: Comments must be received on 

or before April 9, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2018–0694 at http://

www.regulations.gov, or via email to 

aburano.douglas@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

13672 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 

1EPA explains and elaborates on these 

ambiguities and its approach to address them in our 

September 13, 2013, Infrastructure SIP Guidance 

(available at https://www3.epa.gov/airquality/ 

urbanair/sipstatus/docs/Guidance_on_

Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf, as well as in numerous 

agency actions, including EPA’s prior action on 

Ohio’s infrastructure SIP to address the 2012 fine 

particulate matter (PM2.5) NAAQS (81 FR 64072, 

September 19, 2016). 

2See U.S. Court of Appeals for the Ninth Circuit 

decision in Montana Environmental Information 

Center v. EPA, No. 16–71933 (Aug. 30, 2018). 

3 e.g., EPA’s final rule on ‘‘National Ambient Air 

Quality Standards for Lead.’’ 73 FR 66964 at 67034. 

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7017, 

Rineheart.Rachel@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays and facility 

closures due to COVID–19. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background of this SIP 

submission? 

II. What is EPA’s analysis of this SIP 

submission? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background of this SIP 

submission? 

Whenever EPA promulgates a new or 

revised NAAQS, CAA section 110(a)(1) 

requires states to make SIP submissions 

to provide for the implementation, 

maintenance, and enforcement of the 

NAAQS. This type of SIP submission is 

commonly referred to as an 

‘‘infrastructure SIP.’’ These submissions 

must meet the various requirements of 

CAA section 110(a)(2), as applicable. 

Due to ambiguity in some of the 

language of CAA section 110(a)(2), EPA 

believes that it is appropriate to 

interpret these provisions in the specific 

context of acting on infrastructure SIP 

submissions. EPA has previously 

provided comprehensive guidance on 

the application of these provisions 

through our September 13, 2013, 

Infrastructure SIP Guidance (EPA’s 2013 

Guidance) and through regional actions 

on infrastructure submissions.1 Unless 

otherwise noted below, we are following 

that existing approach in acting on this 

submission. In addition, in the context 

of acting on such infrastructure 

submissions, EPA evaluates the 

submitting state’s SIP for facial 

compliance with statutory and 

regulatory requirements, not for the 

state’s implementation of its SIP.2 EPA 

has other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

II. What is EPA’s analysis of this SIP 

submission? 

On September 28, 2018, Ohio 

provided a detailed synopsis of how 

various components of its SIP meet each 

of the applicable requirements in 

section 110(a)(2) for the 2015 ozone 

NAAQS, as applicable. The following 

review evaluates the state’s submission. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section requires SIPs to include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance, and other 

related matters. EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.3 In the 

context of an infrastructure SIP, EPA is 

not evaluating the existing SIP 

provisions for this purpose. Instead, 

EPA is only evaluating whether the 

state’s SIP has basic structural 

provisions for the implementation of the 

NAAQS. 

Under Ohio Revised Code (ORC) 

3704.03, the Ohio Environmental 

Protection Agency (OEPA) holds the 

authority to create new rules and 

implement existing emission limits and 

controls. Authority to monitor, update, 

and implement revisions to Ohio’s SIP, 

including revisions to emission limits 

and control measures as necessary to 

meet NAAQS is contained in ORC 

3704.03. Authority related to specific 

pollutants, including the establishment 

of ambient air quality standards and 

increments, identification of 

nonattainment areas, air resource 

allocations, and performance and 

emissions standards, is contained in 

ORC 3704.03. 

Authority for OEPA to create new 

rules and regulations is found in ORC 

3704.3. ORC 3704.03(A) and (X) 

expressly confer rulemaking authority to 

the Director of environmental 

protection. ORC 3704.03(A) and (E) 

require that OEPA develop programs 

and promulgate rules for the prevention 

control, and abatement of air pollution. 

ORC 3704.03(D) requires that OEPA 

promulgate ambient air quality 

standards similar to the NAAQS. 

EPA’s 2013 Guidance states that to 

satisfy section 110(a)(2)(A) 

requirements, ‘‘an air agency’s 

submission should identify existing 

EPA-approved SIP provisions or new 

SIP provisions that the air agency has 

adopted and submitted for EPA 

approval that limit emissions of 

pollutants relevant to the subject 

NAAQS, including precursors of the 

relevant NAAQS pollutant where 

applicable.’’ OEPA identified existing 

controls and emission limits in the Ohio 

Administrative Code that can be applied 

to the 2015 ozone NAAQS. These 

regulations include controls and 

emission limits for volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX), which are precursors to ozone. 

VOC as an ozone precursor is controlled 

by Ohio Administrative Code (OAC) 

3745–14, and NOX as an ozone 

precursor is controlled by OAC 3745– 

21. 

In this rulemaking, EPA is not 

proposing to approve any new 

provisions in OAC 3745 that have not 

been previously approved by EPA. EPA 

is also not proposing to approve or 

disapprove any existing state provisions 

or rules regulated to start-up, shutdown 

or malfunction or director’s discretion 

in the context of section 110(a)(2)(A). 

EPA has determined that Ohio’s SIP 

provides the required basic structural 

provisions for the implementation of the 

NAAQS and proposes to find that Ohio 

has met the infrastructure SIP 

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

with respect to the 2015 ozone NAAQS. 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to include 

provisions to establish and operate 

ambient air quality monitors, collect 

and analyze ambient air quality data, 

and make these data available to EPA 

upon request. The review of the annual 

monitoring plan includes EPA’s 

determination that the state: (i) Monitors 

air quality at appropriate locations 

throughout the state using EPAapproved Federal Reference Methods or 

Federal Equivalent Method monitors; 

(ii) submits data to EPA’s Air Quality 

System (AQS) in a timely manner; and, 

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13673 

4PM2.5 refers to particles with an aerodynamic 

diameter of less than or equal to 2.5 micrometers, 

oftentimes referred to as ‘‘fine’’ particles. 

5PM10 refers to particles with an aerodynamic 

diameter of less than or equal to 10 micrometers. 

6 In EPA’s April 28, 2011, proposed rulemaking 

for infrastructure SIPs for the 1997 ozone and PM2.5

NAAQS, we stated that each state’s PSD program 

must meet applicable requirements for evaluation of 

all regulated NSR pollutants in PSD permits (see 76 

FR 23757 at 23760). This view was reiterated in 

EPA’s August 2, 2012, proposed rulemaking for 

infrastructure SIPs for the 2006 PM2.5 NAAQS (see 

77 FR 45992 at 45998). In other words, if a state 

lacks provisions needed to adequately address NOX

as a precursor to ozone, PM2.5 precursors, PM2.5 and 

PM10 condensables, PM2.5 increments, or the 

Federal GHG permitting thresholds, the provisions 

of section 110(a)(2)(C) requiring a suitable PSD 

permitting program must be considered not to be 

met irrespective of the NAAQS that triggered the 

requirement to submit an infrastructure SIP, 

including the 2015 ozone NAAQS. 7Similar changes were codified in 40 CFR 52.21. 

(iii) provides EPA Regional Offices with 

prior notification of any planned 

changes to monitoring sites or the 

network plan. 

In accordance with 40 CFR part 53 

and 40 CFR part 58, OEPA continues to 

operate an air monitoring network, 

which is used to determine compliance 

with the NAAQS. OEPA enters air 

monitoring data into AQS, and the state 

provides EPA with prior notification 

when changes to its monitoring network 

or plan are being considered. Further, 

OEPA submits annual monitoring 

network plans to EPA. EPA approved 

the state’s 2020–2021 Annual Air 

Monitoring Network Plan on September 

23, 2020, including the plan for the 

State’s ozone monitoring network. EPA 

proposes that Ohio has met the 

infrastructure SIP requirements of 

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

2015 ozone NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; Minor 

NSR; PSD 

States are required to include a 

program providing for enforcement of 

all SIP measures and the regulation of 

construction of new or modified 

stationary sources to meet new source 

review (NSR) requirements under 

prevention of significant deterioration 

(PSD) and nonattainment NSR (NNSR) 

programs. Part C of the CAA (sections 

160–169B) addresses PSD, while part D 

of the CAA (sections 171–193) addresses 

NNSR requirements. EPA’s 2013 

Guidance states that the NNSR 

requirements of section 110(a)(2)(C) are 

generally outside the scope of 

infrastructure SIPs; however, a state 

must provide for regulation of minor 

sources and minor modifications (minor 

NSR). 

1. Program for Enforcement of Control 

Measures 

A state’s infrastructure SIP 

submission should identify the statutes, 

regulations, or other provisions in the 

SIP that provide for enforcement of 

emission limits and control measures. 

OEPA maintains an enforcement 

program to ensure compliance with SIP 

requirements. OEPA compiles all air 

pollution control enforcement 

settlements in the state and makes them 

available for public review on its 

website. ORC 3704.03(R) provides the 

Director of OEPA with the authority to 

implement the enforcement program as 

well as the authority to implement the 

NSR provisions within OAC 3745–31. 

EPA proposes that Ohio has met the 

enforcement of SIP measures 

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

with respect to the 2015 ozone NAAQS. 

2. Minor NSR 

An infrastructure SIP submission 

should identify the existing EPAapproved SIP provisions that govern the 

minor source pre-construction program 

that regulates emissions of the relevant 

NAAQS pollutant. EPA approved Ohio’s 

minor NSR program on February 21, 

2002 (see 67 FR 7954); since that date, 

OEPA and EPA have relied on the 

existing minor NSR program to ensure 

that new and modified sources not 

captured by the major NSR permitting 

programs do not interfere with 

attainment and maintenance of the 

NAAQS. As stated in EPA’s 2013 

Guidance, the CAA allows EPA to 

approve infrastructure SIP submissions 

that do not implement the 2002 NSR 

Reform Rules. Therefore, EPA is not 

proposing action on existing NSR 

Reform regulations for Ohio. EPA 

proposes that Ohio has met the minor 

NSR requirements of section 

110(a)(2)(C) with respect to the 2015 

ozone NAAQS. 

3. PSD 

The evaluation of each state’s 

submission addressing the PSD 

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

covers: A. PSD provisions that explicitly 

identify NOX as a precursor to ozone in 

the PSD program; b. identification of 

precursors to PM2.5 4 and the 

identification PM2.5 and PM10 5

condensables in the PSD program; c. 

PM2.5 increments in the PSD program; 

and d. greenhouse gas (GHG) permitting 

and the ‘‘Tailoring Rule’’ in the PSD 

program.6 Some PSD requirements 

under section 110(a)(2)(C) overlap with 

elements of section 110(a)(2)(D)(i), 

section 110(a)(2)(E), and section 

110(a)(2)(J). These links will be 

discussed in the appropriate areas 

below. 

a. PSD Provisions that explicitly 

identify NOX as a precursor to ozone in 

the PSD program. 

EPA’s ‘‘Final Rule to Implement the 8- 

Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter, 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline’’ (Phase 2 Rule) 

was published on November 29, 2005 

(see 70 FR 71612). Among other 

requirements, the Phase 2 Rule 

obligated states to revise their PSD 

programs to explicitly identify NOX as 

a precursor to ozone (70 FR 71612 at 

71679, 71699–71700). This requirement 

was codified in 40 CFR 51.166.7

The Phase 2 Rule required that states 

submit SIP revisions incorporating the 

requirements of the rule, including 

these specific NOX as a precursor to 

ozone provisions, by June 15, 2007 (70 

FR 71612 at 71683, November 29, 2005). 

EPA approved revisions to Ohio’s 

PSD SIP reflecting these requirements 

on October 28, 2014 (79 FR 64119), and 

therefore proposes to find that Ohio has 

met this set of infrastructure SIP 

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

with respect to the 2015 ozone NAAQS. 

b. Identification of precursors to PM2.5

and the identification of PM2.5 and PM10

condensables in the PSD program. 

On May 16, 2008 (see 73 FR 28321), 

EPA issued the Final Rule on the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR Rule). The 2008 

NSR Rule finalized several new 

requirements for SIPs to address sources 

that emit direct PM2.5 and other 

pollutants that contribute to secondary 

PM2.5 formation. One of these 

requirements is for NSR permits to 

address pollutants responsible for the 

secondary formation of PM2.5, otherwise 

known as precursors. In the 2008 rule, 

EPA identified precursors to PM2.5 for 

the PSD program to be sulfur dioxide 

(SO2) and NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

2008 NSR Rule also specifies that VOCs 

are not considered to be precursors to 

PM2.5 in the PSD program unless the 

state demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of VOCs in 

an area are significant contributors to 

13674 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 

8EPA notes that on January 4, 2013, the U.S. 

Court of Appeals for the D.C. Circuit, in Natural 

Resources Defense Council v. EPA, 706 F.3d 428 

(D.C. Cir.), held that EPA should have issued the 

2008 NSR Rule in accordance with the CAA’s 

requirements for PM10 nonattainment areas (Title I, 

part D, subpart 4), and not the general requirements 

for nonattainment areas under subpart 1 (Natural 

Resources Defense Council v. EPA, No. 08–1250). 

As the subpart 4 provisions apply only to 

nonattainment areas, EPA does not consider the 

portions of the 2008 rule that address requirements 

for PM2.5 attainment and unclassifiable areas to be 

affected by the court’s opinion. Moreover, EPA does 

not anticipate the need to revise any PSD 

requirements promulgated by the 2008 NSR rule in 

order to comply with the court’s decision. 

Accordingly, EPA’s approval of Ohio’s 

infrastructure SIP as to elements (C), (D)(i)(II), or (J) 

with respect to the PSD requirements promulgated 

by the 2008 implementation rule does not conflict 

with the court’s opinion. 

The Court’s decision with respect to the 

nonattainment NSR requirements promulgated by 

the 2008 implementation rule also does not affect 

EPA’s action on the present infrastructure action. 

EPA interprets the CAA to exclude nonattainment 

area requirements, including requirements 

associated with a nonattainment NSR program, 

from infrastructure SIP submissions due three years 

after adoption or revision of a NAAQS. Instead, 

these elements are typically referred to as 

nonattainment SIP or attainment plan elements, 

which would be due by the dates statutorily 

prescribed under subpart 2 through 5 under part D, 

extending as far as 10 years following designations 

for some elements. 

that area’s ambient PM2.5

concentrations. 

The explicit references to SO2, NOX, 

and VOCs as they pertain to secondary 

PM2.5 formation are codified at 40 CFR 

51.166(b)(49)(i)(b) and 40 CFR 

52.21(b)(50)(i)(b). As part of identifying 

pollutants that are precursors to PM2.5, 

the 2008 NSR Rule also required states 

to revise the definition of ‘‘significant’’ 

as it relates to a net emissions increase 

or the potential of a source to emit 

pollutants. Specifically, 40 CFR 

51.166(b)(23)(i) and 40 CFR 

52.21(b)(23)(i) define ‘‘significant’’ for 

PM2.5 to mean the following emissions 

rates: 10 tons per year (tpy) of direct 

PM2.5; 40 tpy of SO2; and 40 tpy of NOX

(unless the state demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that NOX emissions in an 

area are not a significant contributor to 

that area’s ambient PM2.5

concentrations). The deadline for states 

to submit SIP revisions to their PSD 

programs incorporating these changes 

was May 16, 2011 (73 FR 28321 at 

28341, May 16, 2008).8

The 2008 NSR Rule did not require 

states to immediately account for gases 

that could condense to form particulate 

matter, known as condensables, in PM2.5

and PM10 emission limits in NSR 

permits. Instead, EPA determined that 

states had to account for PM2.5 and PM10

condensables for applicability 

determinations and in establishing 

emissions limitations for PM2.5 and 

PM10 in PSD permits beginning on or 

after January 1, 2011. This requirement 

is codified in 40 CFR 51.166(b)(49)(i)(a) 

and 40 CFR 52.21(b)(50)(i)(a). Revisions 

to states’ PSD programs incorporating 

the inclusion of condensables were 

required be submitted to EPA by May 

16, 2011 (73 FR 28321 at 28341, May 16, 

2008). 

EPA approved revisions to Ohio’s 

PSD SIP reflecting these requirements 

on October 28, 2014 (79 FR 64119), and 

therefore EPA proposes to find that 

Ohio has met this set of infrastructure 

SIP requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

c. PM2.5 increments in the PSD 

program. 

On October 20, 2010, EPA issued the 

final rule on the ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (2010 NSR Rule). This rule 

established several components for 

making PSD permitting determinations 

for PM2.5, including a system of 

‘‘increments’’ which is the mechanism 

used to estimate significant 

deterioration of ambient air quality for 

a pollutant. These increments are 

codified in 40 CFR 51.166(c) and 40 

CFR 52.21(c), and are included in the 

table below. 

TABLE 1—PM2.5 INCREMENTS ESTABLISHED BY THE 2010 NSR RULE IN

MICROGRAMS PER CUBIC METER

Annual 

arithmetic 

mean 

24-hour 

max 

Class I ................... 1 2 

Class II .................. 4 9 

Class III ................. 8 18 

The 2010 NSR Rule also established a 

new ‘‘major source baseline date’’ for 

PM2.5 as October 20, 2010, and a new 

trigger date for PM2.5 as October 20, 

2011. These revisions are codified in 40 

CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), 

and 40 CFR 52.21(b)(14)(i)(c) and 

(b)(14)(ii)(c). Lastly, the 2010 NSR Rule 

revised the definition of ‘‘baseline area’’ 

to include a level of significance of 0.3 

micrograms per cubic meter, annual 

average, for PM2.5. This change is 

codified in 40 CFR 51.166(b)(15)(i) and 

40 CFR 52.21(b)(15)(i). 

EPA approved revisions to Ohio’s 

PSD SIP reflecting these requirements 

on October 28, 2014 (79 FR 64119), and 

therefore EPA proposes to find that 

Ohio has met this set of infrastructure 

SIP requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

d. GHG permitting and the ‘‘Tailoring 

Rule’’ in the PSD program. 

With respect to the requirements of 

section 110(a)(2)(C) as well as section 

110(a)(2)(J), EPA interprets the CAA to 

require each state to make an 

infrastructure SIP submission for a new 

or revised NAAQS that demonstrates 

that the state has a complete PSD 

permitting program meeting the current 

requirements for all regulated NSR 

pollutants. The requirements of element 

D(i)(II) may also be satisfied by 

demonstrating the air agency has a 

complete PSD permitting program 

correctly addressing all regulated NSR 

pollutants. Ohio currently has a SIPapproved PSD program in place that 

covers all regulated NSR pollutants. 

Ohio has shown that it currently has a 

PSD program in place that covers all 

regulated NSR pollutants, including 

GHGs. 

On June 23, 2014, the United States 

Supreme Court issued a decision 

addressing the application of PSD 

permitting requirements to GHG 

emissions. Utility Air Regulatory Group 

v. Environmental Protection Agency, 

134 S.Ct. 2427. The Supreme Court said 

that EPA may not treat GHGs as an air 

pollutant for purposes of determining 

whether a source is a major source 

required to obtain a PSD permit. The 

Court also said that EPA could continue 

to require that PSD permits, otherwise 

required based on emissions of 

pollutants other than GHGs, contain 

limitations on GHG emissions based on 

the application of Best Available 

Control Technology (BACT). 

In accordance with the Supreme 

Court decision, on April 10, 2015, the 

U.S. Court of Appeals for the District of 

Columbia Circuit (the D.C. Circuit) 

issued an amended judgment vacating 

the regulations that implemented Step 2 

of EPA’s PSD and Title V Greenhouse 

Gas Tailoring Rule, but not the 

regulations that implement Step 1 of 

that rule. Step 1 of the Tailoring Rule 

covers sources that are required to 

obtain a PSD permit based on emissions 

of pollutants other than GHGs. Step 2 

applied to sources that emitted only 

GHGs above the thresholds triggering 

the requirement to obtain a PSD permit. 

The amended judgment preserves, 

without the need for additional 

rulemaking by EPA, the application of 

the BACT requirement to GHG 

emissions from Step 1 or ‘‘anyway’’ 

sources. With respect to Step 2 sources, 

the D.C. Circuit’s amended judgment 

vacated the regulations at issue in the 

litigation, including 40 CFR 

51.166(b)(48)(v), ‘‘to the extent they 

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13675 

require a stationary source to obtain a 

PSD permit if greenhouse gases are the 

only pollutant (i) that the source emits 

or has the potential to emit above the 

applicable major source thresholds, or 

(ii) for which there is a significant 

emission increase from a modification.’’ 

EPA is planning to take additional 

steps to revise Federal PSD rules in light 

of the Supreme Court opinion and 

subsequent D.C. Circuit judgment. Some 

states have begun to revise their existing 

SIP-approved PSD programs in light of 

these court decisions, and some states 

may prefer not to initiate this process 

until they have more information about 

the planned revisions to EPA’s PSD 

regulations. EPA is not expecting states 

to have revised their PSD programs in 

anticipation of EPA’s planned actions to 

revise its PSD program rules in response 

to the court decisions. For purposes of 

infrastructure SIP submissions, EPA is 

only evaluating such submissions to 

assure that the state’s program addresses 

GHGs consistent with both court 

decisions. 

On February 14, 2020, EPA updated 

the Ohio SIP to include revised PSD 

rules reflecting the Supreme Court 

decision and D.C. Circuit judgement, 

and preserving PSD permitting 

requirements for GHGs for ‘‘anyway’’ 

sources (see 85 FR 8406). EPA proposes 

to find that the Ohio SIP is sufficient to 

satisfy Elements (C), (D)(i)(II), and (J) 

with respect to GHGs. This is because 

the PSD permitting program previously 

approved by EPA into the SIP continues 

to require that PSD permits issued to 

‘‘anyway sources’’ contain limitations 

on GHG emissions based on the 

application of BACT. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

Section 110(a)(2)(D)(i)(I) requires SIPs 

to include provisions prohibiting any 

source or other type of emissions 

activity in one state from contributing 

significantly to nonattainment, or 

interfering with maintenance, of the 

NAAQS in another state. Section 

110(a)(2)(D)(i)(II) requires SIPs to 

include provisions prohibiting any 

source or other type of emissions 

activity in one state from interfering 

with measures required of any other 

state to prevent significant deterioration 

of air quality, or from interfering with 

measures required of any other state to 

protect visibility. Section 110(a)(2)(D)(ii) 

requires each SIP to contain adequate 

provisions requiring compliance with 

the applicable requirements of section 

126 and section 115 (relating to 

interstate and international pollution 

abatement, respectively). 

1. Significant Contribution to 

Nonattainment 

In this rulemaking, EPA is not 

evaluating section 110(a)(2)(D)(i)(I) 

requirements relating to significant 

contribution to nonattainment for the 

2015 ozone NAAQS. Instead, EPA will 

evaluate these requirements in a 

separate rulemaking. 

2. Interference With Maintenance 

In this rulemaking, EPA is not 

evaluating section 110(a)(2)(D)(i)(I) 

requirements relating to interference 

with maintenance for the 2015 ozone 

NAAQS. Instead, EPA will evaluate 

these requirements in a separate 

rulemaking. 

3. Interference With PSD 

EPA notes that Ohio’s satisfaction of 

the applicable infrastructure SIP PSD 

requirements for the 2015 ozone 

NAAQS has been detailed in the section 

addressing section 110(a)(2)(C). EPA 

further notes that the proposed actions 

in that section related to PSD are 

consistent with the proposed actions 

related to PSD for section 

110(a)(2)(D)(i)(II), and they are reiterated 

below. 

EPA has previously approved 

revisions to Ohio’s SIP that meet certain 

requirements obligated by the Phase 2 

Rule and the 2008 NSR Rule. These 

revisions included provisions that: 

Explicitly identify NOX as a precursor to 

ozone, explicitly identify SO2 and NOX

as precursors to PM2.5, and regulate 

condensable PM2.5 and PM10 in 

applicability determinations and 

establishing emissions limits. EPA has 

also previously approved revisions to 

Ohio’s SIP that incorporate the PM2.5

increments and the associated 

implementation regulations including 

the major source baseline date, trigger 

date, and level of significance for PM2.5

per the 2010 NSR Rule. EPA is 

proposing to find that Ohio’s SIP 

contains provisions that adequately 

address the 2015 ozone NAAQS. 

States also have an obligation to 

ensure that sources located in 

nonattainment areas do not interfere 

with a neighboring state’s PSD program. 

One way that this requirement can be 

satisfied is through an NNSR program 

consistent with the CAA that addresses 

any pollutants for which there is a 

designated nonattainment area within 

the state. 

Ohio’s EPA-approved NNSR 

regulations are contained in OAC 

Chapter 3745–31 and are consistent 

with 40 CFR 51.165. Therefore, EPA 

proposes to find that Ohio has met all 

of the applicable section 

110(a)(2)(D)(i)(II) requirements relating 

to interference with PSD for the 2015 

ozone NAAQS. 

4. Interference With Visibility 

Protection 

With regard to the applicable 

requirements for visibility protection of 

section 110(a)(2)(D)(i)(II), states are 

subject to visibility and regional haze 

program requirements under part C of 

the CAA (which includes sections 169A 

and 169B). EPA’s 2013 Guidance states 

that these requirements can be satisfied 

by an approved SIP addressing 

reasonably attributable visibility 

impairment, if required, or an approved 

SIP addressing regional haze. 

On May 10, 2018, EPA published its 

final approval of Ohio’s regional haze 

plan (see 83 FR 21719). Therefore, EPA 

proposes to find that Ohio has met all 

applicable section 110(a)(2)(D)(i)(II) 

requirements relating to interference 

with visibility protection for the 2015 

ozone NAAQS. 

5. Interstate and International Pollution 

Abatement 

Section 110(a)(2)(D)(ii) requires each 

SIP to contain adequate provisions 

requiring compliance with the 

applicable requirements of section 126 

and section 115 (relating to interstate 

and international pollution abatement, 

respectively). Section 126(a) requires 

new or modified sources to notify 

neighboring states of potential impacts 

from the source. The statute does not 

specify the method by which the source 

should provide the notification. States 

with SIP-approved PSD programs must 

have a provision requiring such 

notification by new or modified sources. 

A lack of such a requirement in state 

rules would be grounds for disapproval 

of this element. 

Ohio has provisions in its EPAapproved PSD program in OAC 3745– 

31–06(H)(2) requiring new or modified 

sources to notify neighboring states of 

potential negative air quality impacts. 

Ohio’s submission references these 

provisions as being adequate to meet the 

requirements of section 126(a). Ohio 

does not have any obligations under any 

other subsection of section 126, nor 

does it have any pending obligations 

under section 115. Therefore, EPA is 

proposing to find that Ohio has met all 

applicable section 110(a)(2)(D)(ii) 

requirements for the 2015 ozone 

NAAQS. 

E. Section 110(a)(2)(E)—Adequate 

Resources; State Board Requirements 

This section requires each state to 

provide for adequate personnel, 

funding, and legal authority under state 

13676 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 

9 40 CFR 51.321 through 51.323 nominally 

address emission reporting but merely crossreference to subpart A. 

law to carry out its SIP, and related 

issues. Section 110(a)(2)(E)(ii) also 

requires each state to comply with the 

requirements respecting state boards 

under section 128. 

1. Adequate Resources 

To satisfy the adequate resources 

requirements of section 110(a)(2)(E), the 

state should explain in the 

infrastructure SIP submission how 

resources and personnel and legal 

authority are adequate and provide any 

additional assurances needed to meet 

changes in resource requirements by the 

new or revised NAAQS. 

Ohio’s biennial budget and its 

environmental performance partnership 

agreement with EPA document funding 

and personnel levels for OEPA every 

two years. OEPA has demonstrated that 

it retains adequate personnel to 

administer its air quality management 

program. As discussed in an earlier 

section, ORC 3704.03 provides the legal 

authority under state law to carry out 

the SIP. EPA proposes that Ohio has met 

the infrastructure SIP requirements of 

this portion of section 110(a)(2)(E) with 

respect to the 2015 ozone NAAQS. 

2. State Board Requirements 

Section 110(a)(2)(E) also requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128 of the CAA. That provision 

contains two explicit requirements: (i) 

That any board or body which approves 

permits or enforcement orders under 

this chapter shall have at least a 

majority of members who represent the 

public interest and do not derive any 

significant portion of their income from 

persons subject to permits and 

enforcement orders under this chapter, 

and (ii) that any potential conflicts of 

interest by members of such board or 

body or the head of an executive agency 

with similar powers be adequately 

disclosed. 

Ohio does not have a board that has 

the authority to approve enforcement 

orders or permitting actions as outlined 

in section 128(a)(1) of the CAA; instead, 

this authority rests with the Director of 

OEPA. Therefore, section 128(a)(1) of 

the CAA is not applicable in Ohio. 

Under section 128(a)(2), the head of 

the executive agency with the power to 

approve enforcement orders or permits 

must adequately disclose any potential 

conflicts of interest. OEPA notes that 

EPA has previously approved 

provisions into Ohio’s SIP addressing 

these requirements (46 FR 57490). 

Notably, ORC 102: Public Officers— 

Ethics contains provisions that require 

the Director of OEPA (and his/her 

delegate) to file an annual statement 

with the ethics committee including 

potential conflicts of interest; 

furthermore, this annual filing is subject 

to public inspection. Therefore, EPA 

proposes to find that Ohio has met the 

applicable infrastructure SIP 

requirements of this portion of 

110(a)(2)(E) with respect to the 2015 

ozone NAAQS. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

Section 110(a)(2)(F) contains several 

requirements, each of which are 

described below. 

1. Installation, maintenance, 

replacement of equipment, and other 

necessary steps by owners or operators 

of stationary sources to monitor 

emissions from such sources. 

EPA’s rules regarding how SIPs need 

to address requirements for source 

monitoring are contained in 40 CFR 

51.212 (‘‘Testing, inspection, 

enforcement, and compliance’’). This 

EPA regulation requires SIPs to provide 

for a program of periodic testing and 

inspection of stationary sources, to 

provide for the identification of 

allowable test methods, and to exclude 

any provision that would prevent the 

use of any credible evidence of 

noncompliance. 

The requirements for Ohio source 

testing of air contaminants are found in 

SIP-approved OAC 3745–15 along with 

general provisions that include 

submitting of emissions reports and 

measurement of emissions. SIPapproved OAC rule 3745–21–03 

addresses methods of ambient air 

measurements for ozone. SIP-approved 

OAC Chapters 3745–77 and 3745–31 

provide requirements for recordkeeping 

by sources. Ohio has the authority 

under SIP-approved ORC 3704.03(I) to 

require owners or operators of air 

contaminant sources to install, employ, 

maintain and operate such emissions, 

ambient air quality, meteorological, or 

other monitoring devices or methods as 

the Director of OEPA shall prescribe; to 

sample those emissions at such 

locations, at such intervals, and in such 

manner as the Director of OEPA 

prescribes; to maintain records and file 

periodic reports with the Director of 

OEPA containing information as to 

location, size, and height of emission 

outlets, rate, duration, and composition 

of emissions, and any other pertinent 

information the Director of OEPA 

prescribes; and to provide such written 

notice to other states as the Director of 

OEPA shall prescribe. Ohio does not 

have any provisions preventing the use 

of any credible evidence. 

Hundreds of emission tests are 

performed throughout Ohio each year. 

OEPA District Offices and local air 

agencies are currently required to 

witness 50% of all source emissions 

testing and review 100% of all 

emissions tests (fulfilling the correlation 

requirement of sub-element 3 discussed 

below). Presently, 290 Ohio sources 

employ 738 continuous monitoring 

systems for various air pollutants. OEPA 

oversees the operation and certification 

of these systems and routinely provides 

quarterly summary reports to EPA. 

These reports are also available for 

public inspection (partially fulfilling the 

public inspection component of subelement 3 discussed below). 

Based on the above, EPA proposes to 

find that Ohio has met the infrastructure 

SIP requirements of section 

110(a)(2)(F)(i) with respect to the 2015 

ozone standard. 

2. Periodic reports on the nature and 

amounts of emissions and emissionsrelated data from stationary sources. 

To address periodic reporting 

requirements, the infrastructure SIP 

submission should include air agency 

requirements providing for periodic 

reporting of emissions and emissionsrelated data by sources to the air agency, 

as required by the following emissions 

reporting requirements: 40 CFR 51.211 

(‘‘Emissions reports and 

recordkeeping’’); 40 CFR 51.321 through 

51.323 (‘‘Source Emissions and State 

Action Reporting’’); and EPA’s Air 

Emissions Reporting Rule, 40 CFR part 

51, subpart A (‘‘Air Emissions Reporting 

Requirements’’).9 The section 51.321 

requirement that emissions reports from 

states be made through the appropriate 

EPA Regional Office has been 

superseded in practice, as these data are 

now to be reported electronically 

through a centralized data portal 

pursuant to 40 CFR 51.45(b), which 

refers to the website http://

www.epa.gov/ttn/chief which was 

moved to https://www.epa.gov/chief for 

the latest information on data reporting 

procedures. All states have existing 

periodic source reporting of emissions 

and emission inventory reporting 

practices. Thus, for any new or revised 

NAAQS, the infrastructure SIP may be 

able to certify existing authority and 

commitments and provide any 

additional assurance needed to meet 

changes in reporting and inventory 

requirements associated with the new or 

revised NAAQS. 

OEPA has reporting requirements 

consistent with 40 CFR 51.211, 40 CFR 

51.321 to 323, and 40 CFR part 51, 

subpart A. Under Title V of the CAA, 

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10As defined in 40 CFR 51.116(c), the term 

‘‘correlated’’ means ‘‘presented in such a manner as 

to show the relationship between measured or 

estimated amounts of emissions and the amounts of 

such emissions allowable under the applicable 

emission limitations or other measures.’’ 

facilities that have the potential to emit 

certain amounts of air pollution are 

required to apply for and obtain a statefederal operating permit and pay 

emission fees. In Ohio, facilities are 

required to file on April 15th of each 

year. The Fee Emissions Report (FER) 

requirements are outlined in ORC 

3745.11 and OAC rule 3745–78–02. 

Facilities are required to apply for and 

obtain an air pollution control operating 

permit and submit an annual emissions 

report for estimated actual facility wide 

emissions of particulate matter (PM), 

SO2, NOX, organic compounds (OC), 

lead, carbon monoxide (CO), and 

ammonia (NH3) no later than April 15th 

for the previous year. Also, OEPA has 

the authority under OAC 3745–15–03 to 

request and receive the information 

from regulated entities. Ohio provides 

an Emission Inventory Summary (EIS) 

to EPA to develop an annual criteria and 

toxic pollutant inventory pursuant to 40 

CFR 51.321. Beginning with the 

calendar year 2006 inventory, all Ohio 

Title V and synthetic minor facilities are 

required to file a complete inventory. 

Pollutants required to be reported in the 

EIS are: NOX, VOC, SO2, Lead, OC, CO, 

NH3, PM-condensable, PM-filterable, 

PM10-filterable, and PM2.5-filterable. 

Based on the above, EPA proposes to 

find that Ohio has met the infrastructure 

SIP requirements of section 

110(a)(2)(F)(ii) with respect to the 2015 

ozone standard. 

3. Correlation of emissions reports by 

the State agency with any applicable 

emission limitations or standards, 

reports shall be available at reasonable 

times for public inspection. 

For this sub-element, the 

infrastructure SIP submission should 

reference and describe existing air 

agency requirements that have been 

approved into the SIP by EPA, or 

include air agency requirements being 

newly submitted, that provide for the 

following: (1) Correlation 10 by the air 

agency of emissions reports by sources 

with applicable emission limitations or 

standards; and (2) the public availability 

of emission reports by sources. Under 

40 CFR part 51 subpart G, 40 CFR 

51.116 (‘‘Data availability’’), contains 

the requirements for correlating data. 

Correlation with applicable emissions 

limitations or standards is relevant only 

for those reports of source emissions 

that reflect the test method(s) and 

averaging period(s) specified in 

applicable emission limitations or 

standards. Thus, source reports of 

annual, ozone season, or summer day 

emissions used by the air agency to 

create the annual and triennial emission 

inventory submission to EPA under 40 

CFR part 51 subpart A in general would 

not need to be correlated with specific 

emission limitations or standards, as 

many sources do not have applicable 

emission limitations defined for those 

averaging periods. However, if the 

sources have applicable emissions 

limitations that are defined for these 

averaging periods, then they would 

need to be correlated. 

As stated previously, OEPA District 

Offices and local air agencies are 

currently required to review 100% of all 

source emissions tests fulfilling the 

correlation requirement of this subelement. Also as stated previously, 

OEPA has reporting requirements 

consistent with 40 CFR 51.211, 40 CFR 

51–321 to 323, and 40 CFR part 51, 

subpart A. Ohio’s source emission 

reports are available upon request by 

EPA or other interested parties. 

Additionally, EIS Data and Reports can 

be downloaded from the OEPA website 

at https://www.epa.ohio.gov/dapc/ 

aqmp/eiu/eis#126013925-download-eisdata-and-reports. Based on the above, 

EPA proposes to find that Ohio has met 

the infrastructure SIP requirements of 

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

the 2015 ozone standard. 

G. Section 110(a)(2)(G)—Emergency 

Powers 

This section requires that a plan 

provide for authority that is analogous 

to what is provided in section 303 of the 

CAA, and adequate contingency plans 

to implement such authority. EPA’s 

2013 Guidance states that infrastructure 

SIP submissions should specify 

authority, rested in an appropriate 

official, to restrain any source from 

causing or contributing to emissions 

which present an imminent and 

substantial endangerment to public 

health or welfare, or the environment. 

The regulations at OAC 3745–25 

contain provisions which allow the 

Director of OEPA to determine the 

conditions that comprise air pollution 

alerts, warnings, and emergencies. 

Moreover, the rules contained in OAC 

3745–25 provide the requirement to 

implement emergency action plans in 

the event of an air quality alert or 

higher. Based on the above, EPA 

proposes to find that Ohio has met the 

applicable infrastructure SIP 

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

related to authority to implement 

measures to restrain sources from 

causing or contributing to emissions 

which present an imminent and 

substantial endangerment to public 

health or welfare, or the environment 

with respect to the 2015 ozone NAAQS. 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

This section requires states to have 

the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or to an EPA 

finding that the SIP is substantially 

inadequate. As previously mentioned, 

ORC 3704.03 provides the Director of 

OEPA with the authority to develop 

rules and regulations necessary to meet 

ambient air quality standards in all 

areas in the state as expeditiously as 

practicable, but not later than any 

deadlines applicable under the CAA. 

ORC 3704.03 also provides the Director 

of OEPA with the authority to develop 

programs for the prevention, and 

abatement of air pollution. Based on the 

above, EPA proposes to find that Ohio 

has met the infrastructure SIP 

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

with respect to the 2015 ozone NAAQS. 

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

Area Plan or Plan Revisions Under Part 

D 

The CAA requires that each plan or 

plan revision for an area designated as 

a nonattainment area meet the 

applicable requirements of part D of the 

CAA. Part D relates to nonattainment 

areas. EPA has determined that section 

110(a)(2)(I) is not applicable to the 

infrastructure SIP process. Instead, EPA 

takes action on part D attainment plans 

through separate processes. 

J. Section 110(a)(2)(J)—Consultation 

With Government Officials; Public 

Notifications; PSD; Visibility Protection 

The evaluation of the submissions 

from Ohio with respect to the 

requirements of section 110(a)(2)(J) are 

described below. 

1. Consultation With Government 

Officials 

States must provide a process for 

consultation with local governments 

and Federal Land Managers (FLMs) 

carrying out NAAQS implementation 

requirements. 

OEPA actively participates in the 

regional planning efforts that include 

state rule developers, representatives 

from the FLMs, and other affected 

stakeholders. Additionally, Ohio is an 

active member of the Lake Michigan Air 

Directors Consortium, which consists of 

collaboration with the States of Illinois, 

Indiana, Wisconsin, Michigan, and 

Minnesota. OAC 3745–31–06 is a SIPapproved rule which requires 

13678 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 

11http://www.epa.ohio.gov/dapc/sip/sip.aspx. 

notification and the availability of 

public participation related to NSR 

actions; notification is provided to the 

general public, executives of the city or 

county where the source is located, 

other state or local air pollution control 

agencies, regional land use planning 

agencies, and FLMs. OAC 3704.03(K) is 

a SIP-approved rule that requires OEPA 

give reasonable public notice and 

conduct public hearings on any plans 

for the prevention, control, and 

abatement of air pollution that the 

Director of OEPA is required to submit 

to EPA. Based on the above, EPA 

proposes to find that Ohio has met the 

infrastructure SIP requirements of this 

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

respect to the 2015 ozone NAAQS. 

2. Public Notification 

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

notify the public if NAAQS are 

exceeded in an area and to enhance 

public awareness of measures that can 

be taken to prevent exceedances. 

OEPA maintains portions of its 

website specifically for issues related to 

the 2015 ozone NAAQS.11 OEPA’s 

remote air data system (RADS) provides 

online reports of real time air quality 

data on the internet and feeds raw 

information to EPA’s AIRNOW program. 

OEPA also prepares annual data reports 

from its complete monitoring network. 

Based on the above, EPA proposes to 

find that Ohio has met the infrastructure 

SIP requirements of this portion of 

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

2015 ozone NAAQS. 

3. PSD 

States must meet applicable 

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

related to PSD. OEPA’s PSD program in 

the context of infrastructure SIPs has 

already been discussed above in the 

paragraphs addressing section 

110(a)(2)(C) and 110(a)(2)(D)(i)(II), and 

EPA has determined that that the 

proposed actions for those sections are 

consistent with the proposed actions for 

this portion of section 110(a)(2)(J). 

Therefore, EPA proposes to find that 

Ohio has met all of the infrastructure 

SIP requirements for PSD associated 

with section 110(a)(2)(J) for the 2015 

ozone NAAQS. 

4. Visibility Protection 

States are subject to visibility and 

regional haze program requirements 

under part C of the CAA (which 

includes sections 169A and 169B). In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus, we 

find that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. In other words, EPA 

has determined that the visibility 

protection requirements of section 

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

infrastructure SIPs for the 2015 ozone 

NAAQS. 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

SIPs must provide for air quality 

modeling for predicting effects on air 

quality of emissions from any NAAQS 

pollutant and submission of such data 

to EPA upon request. OEPA reviews the 

potential impact of all major and some 

minor new and modified sources using 

computer model simulations consistent 

with 40 CFR part 51, appendix W, 

Guidelines on Air Quality Models. The 

regulatory requirements related to PSD 

modeling can be found in SIP-approved 

rule OAC 3745–31–18, and Ohio’s 

authority to require modeling conducted 

by other entities, e.g., applicants, and 

the state’s authority to perform 

modeling for attainment demonstrations 

can be found in SIP-approved ORC 

3704.03(F). Ohio also develops areawide air quality modeling related to 

attainment demonstrations. Ohio’s 

authority to conduct this type of 

modeling lies within SIP-approved ORC 

3704.03(A), (C), (E), (N) and (X). These 

modeling data are available to EPA or 

other interested parties upon request. 

Based on the above, EPA proposes to 

find that Ohio has met the infrastructure 

SIP requirements of section 110(a)(2)(K) 

with respect to the 2015 ozone NAAQS. 

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

This section requires SIPs to mandate 

each major stationary source to pay 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. OEPA 

implements and operates the title V 

permit program, which EPA approved 

on August 15, 1995 (60 FR 42045); 

revisions to the program were approved 

on November 20, 2003 (68 FR 65401). 

Additional rules that contain the 

provisions, requirements, and structures 

associated with the costs for reviewing, 

approving, implementing, and enforcing 

various types of permits can be found in 

ORC 3745.11 and OAC rule 3745–78– 

02. Based on the above, EPA proposes 

to find that Ohio has met the 

infrastructure SIP requirements of 

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

2015 ozone NAAQS. 

M. Section 110(a)(2)(M)—Consultation/ 

Participation by Affected Local Entities 

States must consult with and allow 

participation from local political 

subdivisions affected by the SIP. OEPA 

follows approved procedures for 

allowing public participation, consistent 

with SIP-approved OAC 3745–47. 

Consultation with local governments is 

authorized through ORC 3704.03(B). 

OEPA provides a public participation 

process for all stakeholders that 

includes a minimum of a 30-day 

comment period and opportunity to 

request a public hearing for all SIPrelated actions. Based on the above, EPA 

proposes to find that Ohio has met the 

infrastructure SIP requirements of 

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

2015 ozone NAAQS. 

III. What action is EPA taking? 

EPA is proposing to approve most 

elements of a submission from Ohio 

certifying that its current SIP is 

sufficient to meet the infrastructure 

requirements in sections 110(a)(1) and 

(2) with respect to the 2015 ozone 

NAAQS. EPA’s proposed actions for the 

state’s satisfaction of infrastructure SIP 

requirements, by element of section 

110(a)(2) are contained in the table 

below. 

Element 2015 ozone 

NAAQS 

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

(B)—Ambient air quality monitoring/data system ................................................................................................................................ A 

(C)1—Program for enforcement of control measures ......................................................................................................................... A 

(C)2—PSD ........................................................................................................................................................................................... A 

(D)1—I Prong 1: Interstate transport—significant contribution ........................................................................................................... NA 

(D)2—I Prong 2: Interstate transport—interfere with maintenance ..................................................................................................... NA 

(D)3—II Prong 3: Interstate transport—prevention of significant deterioration ................................................................................... A 

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13679 

Element 2015 ozone 

NAAQS 

(D)4—II Prong 4: Interstate transport—protect visibility ...................................................................................................................... A 

(D)5—Interstate and international pollution abatement ....................................................................................................................... A 

(E)1—Adequate resources .................................................................................................................................................................. A 

(E)2—State board requirements .......................................................................................................................................................... A 

(F)1—Monitoring/Testing Source Emissions ....................................................................................................................................... A 

(F)2—Periodic Source Emissions Reports .......................................................................................................................................... A 

(F)3—Correlation and Public Availability of Source Emissions Reports and Data ............................................................................. A 

(G)—Emergency power ....................................................................................................................................................................... A 

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

(I)—Nonattainment planning requirements of part D .......................................................................................................................... * 

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

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

(J)3—PSD ............................................................................................................................................................................................ A 

(J)4—Visibility protection ..................................................................................................................................................................... * 

(K)—Air quality modeling/data ............................................................................................................................................................. A 

(L)—Permitting fees ............................................................................................................................................................................. A 

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

In the above table, the key is as 

follows: 

A ............ Approve. 

NA .......... No Action/Separate Rulemaking. 

* ............. Not germane to infrastructure 

SIPs. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because it is not a significant 

regulatory action under Executive Order 

12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 4, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–02743 Filed 3–9–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0165; FRL–10018– 

30–Region 6] 

Air Approval Plans; Texas; Reasonably 

Available Control Technology in the 

Houston-Galveston-Brazoria Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve the May 13, 

2020 revisions to the Texas State 

Implementation Plan (SIP) concerning 

Reasonably Available Control 

Technology (RACT) requirement for the 

Houston-Galveston-Brazoria (HGB), 

2008 8-hour ozone National Air Quality 

Ambient Air Quality Standards 

(NAAQS) nonattainment area (NA). The 

HGB area, designated as serious for 2008 

8-hour ozone NAAQS, consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, Liberty, Montgomery 

and Waller counties. The RACT 

requirements apply to sources of 

Volatile Organic Compounds (VOC) and 

Oxides of Nitrogen (NOX) in this area. 

We are also proposing to approve 

negative declarations for certain VOC 

source categories subject to RACT in the 

HGB area.