[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43962-43964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0694; FRL-8823-02-R5]


Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 
2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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. EPA proposed to approve this action on March 9, 2021, and received 
no adverse comments.

DATES: This final rule is effective on September 10, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0694. All documents in the docket are listed on 
the www.regulations.gov web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Rachel 
Rineheart, Environmental Engineer, at (312) 886-7017 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7017, <a href="/cdn-cgi/l/email-protection#a9dbc0c7ccc1ccc8dbdd87dbc8cac1ccc5e9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="06746f68636e63677472287467656e636a4663766728616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On March 9, 2021, EPA proposed to approve elements of a SIP 
submission from Ohio regarding the infrastructure requirements of CAA 
section 110 for the 2015 ozone 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. An explanation of the CAA requirements, 
a detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking and will 
not be restated here.
    The public comment period for this proposed rule ended on April 9, 
2021. During the comment period, EPA received 3 comments that covered a 
variety of topics including: Support of the proposed action and 
questions regarding how EPA ensures that states are complying with the 
approved SIP; what other measures beyond the SIP states must follow; 
how EPA determines if emissions from one state impact air quality in 
another state; and how EPA informs the public of adverse air quality 
conditions. All of the comments received are included in the docket for 
this action.
    We do not consider these comments to be germane or relevant to the 
specifics of this action and therefore not adverse to this action. The 
comments lack the required specificity to the proposed SIP revision and 
the relevant requirements of CAA section 110. Moreover, none of the 
comments address a specific regulation or provision in question, or 
recommend a different action on the SIP submission from what EPA 
proposed. Therefore, we are finalizing our action as proposed.

II. Final Action

    EPA is approving most elements of a submission from Ohio certifying 
that its current SIP is sufficient to meet the infrastructure 
requirements in CAA sections 110(a)(1) and (2) with respect to the 2015 
Ozone NAAQS. EPA's final actions for the state's satisfaction of 
infrastructure SIP requirements, by element of section 110(a)(2) are 
contained in the table below.

------------------------------------------------------------------------
                                                            2015 ozone
                        Element                               NAAQS
------------------------------------------------------------------------
(A)--Emission limits and other control measures........               A
(B)--Ambient air quality monitoring/data system........               A

[[Page 43963]]

 
(C)1--Program for enforcement of control measures......               A
(C)2--Prevention of Significant Deterioration..........               A
(D)1--I Prong 1: Interstate transport--significant                   NA
 contribution..........................................
(D)2--I Prong 2: Interstate transport--interfere with                NA
 maintenance...........................................
(D)3--II Prong 3: Interstate transport--prevention of                 A
 significant deterioration.............................
(D)4--II Prong 4: Interstate transport--protect                       A
 visibility............................................
(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                   A
 Emissions Reports and Data............................
(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                 A
 entities..............................................
------------------------------------------------------------------------
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:
    <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.);
    <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 CAA; 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 October 12, 2021. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.


[[Page 43964]]


    Dated: July 30, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. In Sec.  52.1870, the table in paragraph (e) is amended under the 
heading ``Infrastructure Requirements'' by adding an entry for 
``Section 110(a)(2) Infrastructure Requirements for the 2015 ozone 
NAAQS'' immediately after the entry for ``Section 110(a)(2) 
infrastructure requirements for the 2012 PM<INF>2.5</INF> NAAQS'' to 
read as follows:


Sec.  52.1870   Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                        Applicable
                                     geographical or
              Title                   non-attainment      State date        EPA approval           Comments
                                           area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)(D)               Statewide..........       9/28/2018  8/11/2021, [INSERT   Approved CAA
 infrastructure requirements for                                         Federal Register     elements:
 the 2015 ozone NAAQS.                                                   CITATION].           110(a)(2)(A), (B),
                                                                                              (C), (D), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M). We are not
                                                                                              taking action on
                                                                                              (D)(i)(II), prongs
                                                                                              one and two.
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2021-16881 Filed 8-10-21; 8:45 am]
BILLING CODE 6560-50-P


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