Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60075 

• 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 5, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Oxides of Nitrogen, Ozone, 

Volatile organic compounds. 

Dated: September 22, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.726 is amended by 

adding paragraph (oo) to read as 

follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(oo) Approval—On March 28, 2014, 

the State of Illinois submitted a revision 

to its State Implementation Plan for the 

Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the 

Greater Chicago Area). The submittal 

established new Motor Vehicle 

Emissions Budgets (MVEB) for Volatile 

Organic Compounds (VOC) and Oxides 

of Nitrogen (NOX) for the year 2025. The 

MVEBs for the Illinois portion of the 

Greater Chicago Area are: 60.13 tons/

day of VOC emissions and 150.27 tons/ 

day of NOX emissions for the year 2025. 

[FR Doc. 2014–23795 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0888; EPA–R05– 

OAR–2012–0991; FRL 9917–32–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Infrastructure SIP Requirements for 

the 2008 Lead and 2010 NO2 NAAQS 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 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) and 

2010 nitrogen dioxide (NO2) 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. The 

proposed rulemaking associated with 

this final action was published on July 

25, 2014, and EPA received no 

comments pertaining to infrastructure 

for the 2008 Pb or 2010 NO2 NAAQS 

during the comment period, which 

ended on August 25, 2014. The 2008 

ozone and 2010 SO2 infrastructure SIPs 

were also addressed in the proposed 

rulemaking but will be addressed in a 

separate final rulemaking. 

DATES: This final rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2011–0888 (2008 Pb 

infrastructure SIP elements) and Docket 

ID No. EPA–R05–OAR–2012–0991 

(2010 NO2 infrastructure SIP elements). 

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., Confidential Business Information 

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 


tkelley on DSK3SPTVN1PROD with RULES
60076 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

you telephone Sarah Arra at (312) 886– 

9401 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

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

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@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 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? 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. 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. The 

state submitted the infrastructure SIP for 

the 2008 Pb NAAQS on October 12, 

2011, supplemented on June 7, 2013; 

and submitted the infrastructure SIP for 

the 2010 NO2 NAAQS on February 8, 

2013, supplemented on February 25, 

2013 and 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 and 

2010 NO2 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 has highlighted this statutory 

requirement in multiple guidances, the 

most recent guidance document entitled 

‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

under Clean Air Act Sections 110(a)(1) 

and (2)’’ on September 13, 2013. 

C. What is the scope of this rulemaking? 

EPA is acting upon the SIP 

submission from Ohio that address the 

infrastructure requirements of CAA 

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

2008 Pb and 2010 NO2 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. 

A detailed rationale, history, and 

interpretation related to infrastructure 

SIP requirements can be found in our 

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). 

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 

EPA, that may be contrary to the CAA 

(collectively referred to 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. 

In addition, EPA is not acting on 

portions of section 110(a)(2)(J)— 

visibility protection for 2010 NO2 and 

portions of Ohio’s submission 

addressing the prevention of significant 

deterioration, sections 110(a)(2)(C), 

(D)(i)(II), (D)(ii), and the prevention of 

significant deterioration (PSD) portion 

of (J) for 2008 Pb and 2010 NO2. EPA is 

also not acting on section 110(a)(2)(I)— 

Nonattainment Area Plan or Plan 

Revisions Under Part D, in its entirety. 

The rationale for not acting on elements 

of these requirements was included in 

EPA’s July 25, 2014 proposed 

rulemaking. 

II. What action is EPA taking? 

The proposed rulemaking associated 

with this final action was published on 

July 25, 2014 (79 FR 43338), and EPA 

received no comments pertaining to 

infrastructure for 2008 Pb or 2010 NO2

NAAQS during the comment period, 

which ended on August 25, 2014. The 

2008 ozone and 2010 SO2 infrastructure 

SIPs were also addressed in the 

proposed rulemaking but will be 

addressed in a separate final 

rulemaking. 

For the reasons discussed in our 

proposed rulemaking and since no 

public comments were received, EPA is 

taking final action to approve, as 

proposed, Ohio’s infrastructure SIPs for 

the 2008 Pb and 2010 NO2 NAAQS. Our 

final actions by element of section 

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

the table below. 

Element 2008 

Pb 

2010 

NO2

(A): Emission limits and other 

control measures.

A A 

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

(C)1: Enforcement of SIP 

measures.

A A 

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

(C)3: NOX as a precursor to 

ozone for PSD.

NA NA 

(C)4: PM2.5 Precursors/PM2.5

and PM10 condensables for 

PSD.

NA NA 

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

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

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


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60077 

Element 2008 

Pb 

2010 

NO2

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

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

(D)4: Interstate Pollution 

Abatement.

A A 

(D)5: International Pollution 

Abatement.

A A 

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

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

(F): Stationary source monitoring system.A A 

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

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

(I): Nonattainment area plan 

or plan revisions under part 

D.

NA NA 

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

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

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

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

(K): Air quality modeling and 

data.

A A 

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

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

In the above table, the key is as follows: 

A Approve 

NA No Action/Separate Rulemaking 

+ Not germane to infrastructure SIPs 

III. 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 5, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Reporting and 

recordkeeping requirements. 

Dated: September 22, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.1891 is amended by 

adding paragraphs (e) and (f) to read as 

follows: 

§ 52.1891 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) Approval—In a October 12, 2011, 

submittal, supplemented on June 7, 

2013, Ohio certified that the State has 

satisfied the infrastructure SIP 

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

through (H), and (J) through (M) for the 

2008 Lead NAAQS. We are not 

finalizing action on submissions 

addressing the prevention of significant 

deterioration requirements in sections 

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

prevention of significant deterioration 

(PSD) portion of (J). 

(f) Approval—In a February 8, 2013 

submittal, supplemented on February 

25, 2013, and June 7, 2013, Ohio 

certified that the State has satisfied the 

infrastructure SIP requirements of 

section 110(a)(2)(A) through (H), and (J) 

through (M) for the 2010 NO2 NAAQS. 

We are not finalizing action on the 

visibility protection requirements of 

(D)(i)(II) or the prevention of significant 

deterioration requirements in sections 

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

prevention of significant deterioration 

(PSD) portion of (J). 

[FR Doc. 2014–23798 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 


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