[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Rules and Regulations]
[Pages 10591-10596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04011]


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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-9923-48-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 
Ozone, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of state implementation plan (SIP) submissions from Ohio 
regarding the Prevention of Significant Deterioration (PSD) 
infrastructure requirements of section 110 of the Clean Air Act (CAA) 
for the 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide 
(NO<INF>2</INF>), and 2010 sulfur dioxide (SO<INF>2</INF>) 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: This direct final rule will be effective April 28, 2015, unless 
EPA receives adverse comments by March

[[Page 10592]]

30, 2015. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

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 
NO<INF>2</INF> infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 
SO<INF>2</INF> infrastructure elements) by one of the following 
methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#9cfdfee9eefdf2f3b2f8f3e9fbf0fdefdcf9ecfdb2fbf3ea"><span class="__cf_email__" data-cfemail="39585b4c4b585756175d564c5e55584a795c4958175e564f">[email protected]</span></a>.
    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 
NO<INF>2</INF> infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 
SO<INF>2</INF> 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 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 Sarah Arra, Environmental Scientist, 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), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, <a href="/cdn-cgi/l/email-protection#01607373602f7260736069416471602f666e77"><span class="__cf_email__" data-cfemail="3a5b48485b14495b485b527a5f4a5b145d554c">[email protected]</span></a>.

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?
II. What is EPA's review of these SIP submissions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of these SIP submissions?

    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 NO<INF>2</INF>--February 8, 2013, 
and supplemented on February 25, 2013, and June 7, 2013; and, 2010 
SO<INF>2</INF>--June 7, 2013.
    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.
    This specific rule making is only taking action on the PSD elements 
of these submittals. The majority of the other infrastructure elements 
were addressed in proposed rulemaking published July 25, 2014 (79 FR 
43338). Final action was taken on those elements on October 6, 2014, 
for 2008 Pb and 2010 NO<INF>2</INF> (79 FR 60075),\1\ and on October 
16, 2014, for 2008 ozone (79 FR 62019).\2\ The infrastructure elements 
for PSD are found in CAA 110(a)(2)(C), 110(a)(2)(D), and 110(a)(2)(J) 
and will be discussed in detail below. For further discussion on the 
background of infrastructure submittals, see 79 FR 43338.
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    \1\ Specifically, sections 110(a)(2)(A) through (H), and (J) 
through (M) for the 2008 lead and 2010 NO<INF>2</INF> NAAQS except 
the prevention of significant deterioration requirements in sections 
110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of (J).
    \2\ Specifically, sections 110(a)(2)(A) through (H), and (J) 
through (M) for the 2008 ozone NAAQS except the prevention of 
significant deterioration requirements in sections 110(a)(2)(C), 
(D)(i)(II), and (J), the visibility portion of (J) and the 
interstate transport portion of 110(a)(2)(D)(i).
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II. What is EPA's review of these SIP submissions?

A. 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 new source review (NSR) 
requirements under PSD and nonattainment new source review

[[Page 10593]]

(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 provisions that explicitly 
identify oxides of nitrogen (NO<INF>X</INF>) as a precursor to ozone in 
the PSD program; (iii) identification of precursors to fine 
particulates (PM<INF>2.5</INF>) and the identification of 
PM<INF>2.5</INF> and PM<INF>10</INF> \3\ condensables in the PSD 
program; (iv) PM<INF>2.5</INF> increments in the PSD program; and, (v) 
GHG permitting and the ``Tailoring Rule.'' \4\
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    \3\ PM<INF>10</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address NO<INF>X</INF> as a precursor to ozone, PM<INF>2.5</INF> 
precursors, PM<INF>2.5</INF> and PM<INF>10</INF> condensables, 
PM<INF>2.5</INF> 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 2010 NO<INF>2</INF> NAAQS.
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Sub-element 1: Enforcement of SIP Measures
    This element was proposed for the 2008 lead, 2008 ozone, 2010 
NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS in the July 25, 2014, 
rulemaking (79 FR 43338) and was finalized for the 2008 lead and 2010 
NO<INF>2</INF> NAAQS in the October 6, 2014, rulemaking (79 FR 60075) 
and for the 2008 ozone NAAQS in the October 16, 2014, rulemaking (79 FR 
62019). This element will be finalized for the 2010 SO<INF>2</INF> 
NAAQS in a separate rulemaking.
Sub-element 2: PSD Provisions That Explicitly Identify NO<INF>X</INF> 
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 NO<INF>X</INF> as a precursor to 
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was 
codified in 40 CFR 51.166.\5\
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    \5\ Similar changes were codified in 40 CFR 52.21.
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    The Phase 2 Rule required that states submit SIP revisions 
incorporating the requirements of the rule, including the specification 
of NO<INF>X</INF> as a precursor to ozone provisions, by June 15, 2007 
(70 FR 71612 at 71683).
    EPA approved revisions to Ohio's PSD SIP reflecting these 
requirements on October 28, 2014 (79 FR 64119), and therefore, Ohio has 
met this set of infrastructure SIP requirements of section 110(a)(2)(C) 
with respect to the 2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, and 
2010 SO<INF>2</INF> NAAQS.
Sub-element 3: Identification of Precursors to PM<INF>2.5</INF> and the 
Identification of PM<INF>2.5</INF> and PM<INF>10</INF> 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 (PM<INF>2.5</INF>)'' (2008 NSR Rule). 
The 2008 NSR Rule finalized several new requirements for SIPs to 
address sources that emit direct PM<INF>2.5</INF> and other pollutants 
that contribute to secondary PM<INF>2.5</INF> formation. One of these 
requirements is for NSR permits to address pollutants responsible for 
the secondary formation of PM<INF>2.5,</INF> otherwise known as 
precursors. In the 2008 rule, EPA identified precursors to 
PM<INF>2.5</INF> for the PSD program to be sulfur dioxide 
(SO<INF>2</INF>) and NO<INF>X</INF> (unless the state demonstrates to 
the Administrator's satisfaction or EPA demonstrates that 
NO<INF>X</INF> emissions in an area are not a significant contributor 
to that area's ambient PM<INF>2.5</INF> concentrations). The 2008 NSR 
Rule also specifies that VOCs are not considered to be precursors to 
PM<INF>2.5</INF> 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 that area's ambient 
PM<INF>2.5</INF> concentrations.
    The explicit references to SO<INF>2,</INF> NO<INF>X</INF>, and VOCs 
as they pertain to secondary PM<INF>2.5</INF> 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 PM<INF>2.5,</INF> 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 
PM<INF>2.5</INF> to mean the following emissions rates: 10 tpy of 
direct PM<INF>2.5</INF>; 40 tpy of SO<INF>2</INF>; and 40 tpy of 
NO<INF>X</INF> (unless the state demonstrates to the Administrator's 
satisfaction or EPA demonstrates that NO<INF>X</INF> emissions in an 
area are not a significant contributor to that area's ambient 
PM<INF>2.5</INF> concentrations). The deadline for states to submit SIP 
revisions to their PSD programs incorporating these changes was May 16, 
2011 (see 73 FR 28321 at 28341).\6\
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    \6\ EPA 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 
PM<INF>10</INF> 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 PM<INF>2.5</INF> 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.
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    The 2008 NSR Rule did not require states to immediately account for 
gases that could condense to form particulate matter, known as 
condensables, in PM<INF>2.5</INF> and PM<INF>10</INF> emission limits 
in NSR permits. Instead, EPA determined that states had to account for 
PM<INF>2.5</INF> and PM<INF>10</INF> condensables for applicability 
determinations and in establishing emissions limitations for 
PM<INF>2.5</INF> and PM<INF>10</INF> 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 (see 73 FR 28321 at 28341).
    EPA approved revisions to Ohio's PSD SIP reflecting these 
requirements on October 28, 2014 (79 FR 64119), and therefore Ohio has 
met this set of infrastructure SIP requirements of section 110(a)(2)(C) 
with respect to the

[[Page 10594]]

2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, and 210 SO<INF>2</INF> 
NAAQS.
Sub-element 4: PM<INF>2.5</INF> 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 (PM<INF>2.5</INF>)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR 
Rule). This rule established several components for making PSD 
permitting determinations for PM<INF>2.5</INF>, 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  24-hour max
                                                    mean
------------------------------------------------------------------------
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 PM<INF>2.5</INF> as October 20, 2010, and a new trigger date 
for PM<INF>2.5</INF> 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 
PM<INF>2.5.</INF> This change is codified in 40 CFR 51.166(b)(15)(i) 
and 40 CFR 52.21(b)(15)(i).
    On October 28, 2014 (79 FR 64119), EPA finalized approval of the 
applicable infrastructure SIP PSD revisions for Ohio, therefore Ohio 
has met this set of infrastructure SIP requirements of section 
110(a)(2)(C) with respect to the 2008 lead, 2008 ozone, 2010 
NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS.
Sub-element 5: GHG Permitting and the ``Tailoring Rule''
    With respect to Elements C, and 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 air agency 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 has shown that it currently has a PSD program in place that covers 
all regulated NSR pollutants, including greenhouse gases (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 found 
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 order to act consistently with its understanding of the Court's 
decision pending further judicial action to effectuate the decision, 
EPA is no longer applying EPA regulations that would require that SIPs 
include permitting requirements that the Supreme Court found 
impermissible. Specifically, EPA is not applying the requirement that a 
state's SIP-approved PSD program require that sources obtain PSD 
permits when GHGs are the only pollutant: (i) That the source emits or 
has the potential to emit above the major source thresholds, or (ii) 
for which there is a significant emissions increase and a significant 
net emissions increase from a modification (see 40 CFR 
51.166(b)(48)(v)).
    EPA anticipates a need to revise Federal PSD rules in light of the 
Supreme Court opinion. In addition, EPA anticipates that many states 
will revise their existing SIP-approved PSD programs in light of the 
Supreme Court's decision. The timing and content of subsequent EPA 
actions with respect to EPA regulations and state PSD program approvals 
are expected to be informed by additional legal process before the 
United States Court of Appeals for the District of Columbia Circuit. At 
this juncture, EPA is not expecting states to have revised their PSD 
programs for purposes of infrastructure SIP submissions and is only 
evaluating such submissions to assure that the state's program 
correctly addresses GHGs consistent with the Supreme Court's decision.
    At present, Ohio's SIP is sufficient to satisfy Elements C, 
D(i)(II), and J with respect to GHGs because the PSD permitting program 
previously approved by EPA into the SIP continues 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 
BACT. Although the approved Ohio PSD permitting program may currently 
contain provisions that are no longer necessary in light of the Supreme 
Court decision, this does not render the infrastructure SIP submission 
inadequate to satisfy Elements C, (D)(i)(II), and J. The SIP contains 
the necessary PSD requirements at this time, and the application of 
those requirements is not impeded by the presence of other previously-
approved provisions regarding the permitting of sources of GHGs that 
EPA does not consider necessary at this time in light of the Supreme 
Court decision.
    For the purposes of the 2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, 
and 2010 SO<INF>2</INF> NAAQS infrastructure SIPs, EPA reiterates that 
NSR reform regulations are not within the scope of these actions. 
Therefore, we are not taking action on existing NSR reform regulations 
for Ohio. EPA approved Ohio's minor NSR program on January 22, 2003 (68 
FR 2909), and 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 2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, and 
2010 SO<INF>2</INF> 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.

B. Section 110(a)(2)(D)--Interstate Transport

    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.
    EPA notes that Ohio's satisfaction of the applicable infrastructure 
SIP PSD requirements for the 2008 lead, 2008 ozone, 2010 
NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS has been detailed in the 
section addressing section 110(a)(2)(C). EPA notes that the actions in 
that section related to PSD are consistent with the 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

[[Page 10595]]

Rule and the 2008 NSR Rule. These revisions included provisions that: 
(1) Explicitly identify NO<INF>X</INF> as a precursor to ozone, (2) 
explicitly identify SO<INF>2</INF> and NO<INF>X</INF> as precursors to 
PM<INF>2.5</INF>, and (3) regulate condensable PM<INF>2.5</INF> and 
PM<INF>10</INF> in applicability determinations and establishing 
emissions limits. EPA has also previously approved revisions to Ohio's 
SIP that incorporate the PM<INF>2.5</INF> increments and the associated 
implementation regulations including the major source baseline date, 
trigger date, and level of significance for PM<INF>2.5</INF> per the 
2010 NSR Rule. Ohio's SIP contains provisions that adequately address 
the 2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> 
NAAQS.

C. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; PSD; Visibility Protection

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), and EPA notes that the actions 
for those sections are consistent with the actions for this portion of 
section 110(a)(2)(J).
    Therefore, Ohio has met all of the infrastructure SIP requirements 
for PSD associated with section 110(a)(2)(D)(J) for the 2008 lead, 2008 
ozone, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS.

III. What action is EPA taking?

    EPA is approving the PSD related infrastructure requirements for 
Ohio's 2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, and 2010 
SO<INF>2</INF> NAAQS submittals under sections 110(a)(1) and (2) of the 
CAA. EPA's actions for the state's satisfaction of infrastructure SIP 
requirements, by element of section 110(a)(2) are contained in the 
table below.

----------------------------------------------------------------------------------------------------------------
                   Element                       2008 Lead        2008 Ozone        2010 NO2         2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control                     a                a                a                p
 measures...................................
(B): Ambient air quality monitoring and data               a                a                a                p
 system.....................................
(C)1: Enforcement of SIP measures...........               a                a                a                p
(C)2: PSD...................................               A                A                A                A
(D)1: Contribute to nonattainment/interfere                a               NA                a               NA
 with maintenance of NAAQS..................
(D)2: PSD...................................               A                A                A                A
(D)3: Visibility Protection.................               a               NA               NA               NA
(D)4: Interstate Pollution Abatement........               a                a                a                p
(D)5: International Pollution Abatement.....               a                a                a                p
(E): Adequate resources.....................               a                a                a                p
(E): State boards...........................               a                a                a                p
(F): Stationary source monitoring system....               a                a                a                p
(G): Emergency power........................               a                a                a                p
(H): Future SIP revisions...................               a                a                a                p
(I): Nonattainment area plan or plan                       +                +                +                +
 revisions under part D.....................
(J)1: Consultation with government officials               a                a                a                p
(J)2: Public notification...................               a                a                a                p
(J)3: PSD...................................               A                A                A                A
(J)4: Visibility protection.................               +                +                +                +
(K): Air quality modeling and data..........               a                a                a                p
(L): Permitting fees........................               a                a                a                p
(M): Consultation and participation by                     a                a                a                p
 affected local entities....................
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A............................  Approved in today's action.
a............................  Approved in a previous rulemaking.
p............................  Proposed in a previous rulemaking.
NA...........................  No Action/Separate Rulemaking.
+............................  Not germane to infrastructure SIPs.
------------------------------------------------------------------------

    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective April 28, 2015 
without further notice unless we receive relevant adverse written 
comments by March 30, 2015. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective April 
28, 2015.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);

[[Page 10596]]

    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 28, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: February 17, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Section 52.1891 is amended by revising paragraphs (e) through (g) 
and adding paragraph (h) to read as follows:


Sec.  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.
    (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 NO<INF>2</INF> NAAQS. We 
are not finalizing action on the visibility protection requirements of 
(D)(i)(II).
    (g) Approval--In a December 27, 2012, 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 Ozone NAAQS. We are not finalizing 
action on section 110(a)(2)(D)(i)(I)--Interstate transport prongs 1 and 
2 or visibility portions of section 110(a)(2)(D)(i)(II) and 
110(a)(2)(J).
    (h) Approval--In a June 7, 2013, submittal, 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 
SO<INF>2</INF> NAAQS. We are only taking action on the PSD portions 
110(a)(2)(C), (D)(i), and (J).

[FR Doc. 2015-04011 Filed 2-26-15; 8:45 am]
BILLING CODE 6560-50-P


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