[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43338-43345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17591]


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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-9914-21-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 
2010 NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of state implementation plan (SIP) submissions from 
Ohio regarding the infrastructure requirements of section 110 of the 
Clean Air Act (CAA) for the 2008 lead (Pb), 2008 ozone, 2010 nitrogen 
dioxide (NO2), and 2010 sulfur dioxide (SO2) 
National Ambient Air Quality Standards (NAAQS). The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air quality management program are adequate to meet the 
state's responsibilities under the CAA.

DATES: Comments must be received on or before August 25, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 
(2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 
SO2 infrastructure elements) by one of the following 
methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-
0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 (2008 
ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 
SO2 infrastructure elements). EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Andy Chang, Environmental 
Engineer, at (312) 886-0258 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-0258, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
    A. What state SIP submissions does this rulemaking address?
    B. Why did the state make these SIP submissions?
    C. What is the scope of this rulemaking?

[[Page 43339]]

III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures; PSD
    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; PSD; Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background of these SIP submissions?

A. What state SIP submissions does this rulemaking address?

    This rulemaking addresses submissions from the Ohio Environmental 
Protection Agency (Ohio EPA). The state submitted its infrastructure 
SIP for each NAAQS on the following dates: 2008 Pb--October 12, 2011, 
and supplemented on June 7, 2013; 2008 ozone--December 27, 2012, and 
supplemented on June 7, 2013; 2010 NO2--February 8, 2013, 
and supplemented on February 25, 2013, and June 7, 2013; and, 2010 
SO2--June 7, 2013.

B. Why did the state make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS. These submissions must contain any revisions needed for meeting 
the applicable SIP requirements of section 110(a)(2), or certifications 
that their existing SIPs for the NAAQS already meet those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007, 
guidance document entitled ``Guidance on SIP Elements Required Under 
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 Memo). 
On September 25, 2009, EPA issued an additional guidance document 
pertaining to the 2006 PM2.5 \1\ NAAQS entitled ``Guidance 
on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 
24-Hour Fine Particle (PM2.5) National Ambient Air Quality 
Standards (NAAQS)'' (2009 Memo), followed by the October 14, 2011, 
``Guidance on Infrastructure SIP Elements Required Under Sections 
110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality 
Standards (NAAQS)'' (2011 Memo). Most recently, EPA issued ``Guidance 
on Infrastructure State Implementation Plan (SIP) Elements under Clean 
Air Act Sections 110(a)(1) and (2)'' on September 13, 2013 (2013 Memo).
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    \1\ PM2.5 refers to particulate matter of 2.5 microns 
or less in diameter, oftentimes referred to as ``fine'' particles.
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    The SIP submissions referenced in this rulemaking pertain to the 
applicable requirements of section 110(a)(1) and (2), and address the 
2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS. To the extent that the prevention of significant deterioration 
(PSD) program is comprehensive and non-NAAQS specific, a narrow 
evaluation of other NAAQS, such as the 1997 8-hour ozone and 2006 
PM2.5 NAAQS will be included in the appropriate sections.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from Ohio that address the 
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for 
the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS. The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to 
address the nonattainment planning requirements of part D of title I of 
the CAA, ``regional haze SIP'' submissions required by EPA rule to 
address the visibility protection requirements of CAA section 169A, and 
nonattainment new source review (NNSR) permit program submissions to 
address the permit requirements of CAA, title I, part D.
    This rulemaking will not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and EPA's policies addressing such excess emissions (``SSM''); 
(ii) existing provisions related to ``director's variance'' or 
``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public process or without 
requiring further approval by

[[Page 43340]]

EPA, that may be contrary to the CAA (collectively referenced as 
``director's discretion''); and, (iii) existing provisions for PSD 
programs that may be inconsistent with current requirements of EPA's 
``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), as 
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA 
has the authority to address each one of these substantive areas in 
separate rulemaking. A detailed history, interpretation, and rationale 
related to infrastructure SIP requirements can be found in EPA's May 
13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for 
the 2008 Lead NAAQS'' in the section, ``What is the scope of this 
rulemaking?'' (see 79 FR 27241 at 27242-27245).

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied 
in the 2007 Memo. Specifically, attachment A of the 2007 Memo (Required 
Section 110 SIP Elements) identifies the statutory elements that states 
need to submit in order to satisfy the requirements for an 
infrastructure SIP submission. The 2009 Memo was issued to provide 
additional guidance for certain elements to meet the requirements of 
section 110(a)(1) and (2) of the CAA, and the 2011 Memo provides 
guidance specific to the 2008 Pb NAAQS. Lastly, the 2013 Memo 
identifies and further clarifies aspects of infrastructure SIPs that 
are not NAAQS specific.

IV. What is the result of EPA's review of these SIP submissions?

    As noted in the 2011 Memo and reiterated in the 2013 Memo, pursuant 
to section 110(a), states must provide reasonable notice and 
opportunity for public hearing for all infrastructure SIP submissions. 
Ohio EPA provided the opportunity for public comment for each NAAQS 
that ended on the following dates: 2008 Pb--October 11, 2011; 2008 
ozone--December 21, 2012; 2010 NO2--February 19, 2013; and, 
2010 SO2--June 5, 2013. The state did not receive any 
comments during the comment periods.
    EPA is also soliciting comment on our evaluation of the state's 
infrastructure SIP submissions in this notice of proposed rulemaking. 
Ohio provided detailed synopses of how various components of its SIP 
meet each of the requirements in section 110(a)(2) for the 2008 Pb, 
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as 
applicable. The following review evaluates the state's submissions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, schedules for 
compliance, and other related matters. However, EPA has long 
interpreted emission limits and control measures for attaining the 
standards as being due when nonattainment planning requirements are 
due.\2\ In the context of an infrastructure SIP, EPA is not evaluating 
the existing SIP provisions for this purpose. Instead, EPA is only 
evaluating whether the state's SIP has basic structural provisions for 
the implementation of the NAAQS.
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    \2\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on 
``National Ambient Air Quality Standards for Lead.''
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    Ohio Revised Code (ORC) 3704.03 provides the Director of Ohio EPA 
with the authority to develop rules and regulations necessary to meet 
state and Federal ambient air quality standards. Ohio also has SIP 
approved provisions for specific pollutants. For example, Ohio 
Administrative Code (OAC) 3745-71 regulates provides for the direct 
regulation of Pb emissions, and OAC 3745-18 provides for the direct 
regulation of SO2 emissions. EPA proposes that Ohio has met 
the infrastructure SIP requirements of section 110(a)(2)(A) with 
respect to the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.
    As previously noted, EPA is not proposing at this time to approve 
or disapprove any existing state provisions or rules related to SSM or 
director's discretion in the context of section 110(a)(2)(A).

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for 
establishing and operating ambient air quality monitors, collecting and 
analyzing ambient air quality data, and making these data available to 
EPA upon request. This review of the annual monitoring plan includes 
EPA's determination that the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    Ohio EPA continues to operate a monitoring network, and EPA 
approved the state's 2014 Annual Air Monitoring Network Plan for Pb, 
ozone, NO2, and SO2 on October 30, 2013. 
Furthermore, Ohio EPA populates AQS with air quality monitoring data in 
a timely manner, and provides EPA with prior notification when 
considering a change to its monitoring network or plan. EPA proposes 
that Ohio has met the infrastructure SIP requirements of section 
110(a)(2)(B) with respect to the 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 
PSD

    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet NSR requirements under PSD and NNSR 
programs. Part C of the CAA (sections 160-169B) addresses PSD, while 
part D of the CAA (sections 171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) 
Enforcement of SIP measures; (ii) PSD program for the 2008 Pb NAAQS; 
(iii) PSD provisions that explicitly identify oxides of nitrogen 
(NOX) as a precursor to ozone in the PSD program; (iv) 
identification of precursors to PM2.5 and the identification 
of PM2.5 and PM10 \3\ condensables in the PSD 
program; (v) PM2.5 increments in the PSD program; and (vi) 
greenhouse gas (GHG) permitting and the ``Tailoring Rule.'' \4\
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    \3\ PM10 refers to particles with diameters between 
2.5 and 10 microns, oftentimes referred to as ``coarse'' particles.
    \4\ In EPA's April 28, 2011, proposed rulemaking for 
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS, 
we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (see 76 FR 23757 at 23760). This view was reiterated in 
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs 
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address Pb, NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
PM2.5 increments, or the Federal GHG permitting 
thresholds, the provisions of section 110(a)(2)(C) requiring a 
suitable PSD permitting program must be considered not to be met 
irrespective of the NAAQS that triggered the requirement to submit 
an infrastructure SIP, including the 2008 Pb NAAQS.
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    In this rulemaking, we are evaluating Ohio EPA's submissions with 
respect to the enforcement of SIP measures. However, we are not taking 
action on the state's satisfaction of the various PSD and GHG 
permitting requirements.

[[Page 43341]]

Instead, EPA will evaluate Ohio's compliance with each of these 
requirements in a separate rulemaking.
    Ohio EPA staffs and implements an enforcement program. ORC 3704.03 
provides the Director of Ohio EPA with the authority to implement the 
enforcement program as well as NSR provisions within OAC 3745-31. Ohio 
EPA compiles all air pollution control enforcement settlements in the 
state, and makes them available for public review on its Web site. EPA 
proposes that Ohio has met the enforcement of SIP measures requirements 
of section 110(a)(2)(C) with respect to the 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.
    For the purposes of the 2008 Pb, 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS infrastructure SIPs, EPA reiterates that 
NSR reform regulations are not in the scope of these actions. 
Therefore, we are not taking action on existing NSR reform regulations 
for Ohio. To address the pre-construction regulation of the 
modification and construction of minor stationary sources and minor 
modifications of major stationary sources, an infrastructure SIP 
submission should identify the existing EPA-approved SIP provisions 
and/or include new provisions that govern the minor source pre-
construction program that regulates emissions of the relevant NAAQS 
pollutants. EPA approved Ohio's minor NSR program on January 22, 2003 
(68 FR 2909). Since this date, Ohio EPA and EPA have relied on the 
existing minor NSR program to ensure that new and modified sources not 
captured by the major NSR permitting programs do not interfere with 
attainment and maintenance of the 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.
    Certain sub-elements in this section overlap with elements of 
section 110(a)(2)(D)(i) and section 110(a)(2)(J). These links will be 
discussed in the appropriate areas below.

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

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment, or interfering with 
maintenance, of the NAAQS in another state.
    With respect to the 2008 Pb NAAQS, the 2011 Memo notes that the 
physical properties of Pb prevent it from experiencing the same travel 
or formation phenomena as PM2.5 or ozone. Specifically, 
there is a sharp decrease in Pb concentrations as the distance from a 
Pb source increases. Accordingly, it may be possible for a source in a 
state to emit Pb at a location and in such quantities that contribute 
significantly to nonattainment in, or interference with maintenance by, 
any other state. However, EPA anticipates that this would be a rare 
situation, e.g., sources emitting large quantities of Pb are in close 
proximity to state boundaries. The 2011 Memo suggests that the 
applicable interstate transport requirements of section 
110(a)(2)(D)(i)(I) can be met through a state's assessment as to 
whether or not emissions from Pb sources located in close proximity to 
its borders have emissions that impact a neighboring state such that 
they contribute significantly to nonattainment or interfere with 
maintenance in that state. One way that a state's conclusion could be 
supported is by the technical support documents used for initial area 
designations for Pb.
    Ohio's infrastructure SIP submission for the 2008 Pb NAAQS notes 
that there are three areas designated as nonattainment for the 2008 Pb 
NAAQS located in portions of Cuyahoga County, Fulton County, and Logan 
County (see 75 FR 71033). None of these areas are located in close 
proximity to any of Ohio's border, and Ohio EPA provided a map of Pb-
emitting sources in the state showing that sources emitting 0.5 tpy or 
above are not in close proximity to any state borders. EPA's final 
technical support documents for the nonattainment areas located in Ohio 
support the conclusion that the ambient concentration of Pb are not 
expected to exceed the NAAQS outside of the nonattainment boundaries. 
Furthermore, EPA does not believe that the elevated levels of ambient 
Pb concentrations in Cuyahoga County, Fulton County, or Logan County 
(or emissions from any other county) would cause or contribute to a 
violation of the 2008 Pb NAAQS in a neighboring state or create a 
situation in a neighboring state where maintenance of the 2008 Pb NAAQS 
was not possible. Therefore, EPA proposes that Ohio has met this set of 
requirements related to section 110(a)(2)(D)(i)(I) for the 2008 Pb 
NAAQS.
    On February 17, 2012, EPA promulgated designations for the 2010 
NO2 NAAQS, stating, ``The EPA is designating areas as 
``unclassifiable/attainment'' to mean that available information does 
not indicate that the air quality in these areas exceeds the 2010 
NO2 NAAQS'' (see 77 FR 9532). For comparison purposes, EPA 
examined the design values \5\ from NO2 monitors in Ohio and 
surrounding states. The highest design value based on data collected 
between 2010 and 2012 was 65 ppb at a monitor in Philadelphia, 
Pennsylvania. EPA believes that with the continued implementation of 
the state's SIP-approved PSD and NNSR regulations found in OAC 3745-31, 
these low monitored values of NO2 will continue in and 
around Ohio. In other words, the NO2 emissions from Ohio are 
not expected to cause or contribute to a violation of the 2010 
NO2 NAAQS in another state, and these emissions not likely 
to interfere with the maintenance of the 2010 NO2 NAAQS in 
another state. Therefore, EPA proposes that Ohio has met this set of 
requirements related to section 110(a)(2)(D)(i)(I) for the 2010 
NO2 NAAQS.
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    \5\ The level of the 2010 NO2 NAAQS for is 100 parts 
per billion (ppb) and the form is the 3-year average of the annual 
98th percentile of the daily 1-hour maximum. For the most recent 
design values, see http://www.epa.gov/airtrends/values.html.
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    In this rulemaking, EPA is not proposing to approve or disapprove 
Ohio's compliance with section 110(a)(2)(D)(i)(I) with respect to the 
2008 ozone and 2010 SO2 NAAQS. Instead, we will address the 
state's satisfaction of these requirements with respect to these two 
NAAQS in a separate rulemaking.
    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from interfering with measures required to prevent significant 
deterioration of air quality or to protect visibility in another state. 
As previously noted, EPA will evaluate Ohio's compliance with the 
various PSD and GHG infrastructure SIP requirements in a separate 
rulemaking.
    States also have an obligation to ensure that sources located in 
nonattainment areas do not interfere with a neighboring state's PSD 
program. One way that this requirement can be satisfied is through an 
NNSR program consistent with the CAA that addresses any pollutants for 
which there is a designated nonattainment area within the state.
    Ohio's EPA-approved NNSR regulations can be found in OAC 3745-31-
21; these regulations contain provisions for how the state must treat 
and control sources in nonattainment areas, consistent with 40 CFR 
51.165, or appendix S to 40 CFR 51. In this rulemaking, EPA is taking 
no action on this set of requirements under section 
110(a)(2)(D)(i)(II). Instead, we will address Ohio's satisfaction of 
these provisions in a separate rulemaking.
    With regard to the applicable requirements for visibility 
protection of

[[Page 43342]]

section 110(a)(2)(D)(i)(II), states are subject to visibility and 
regional haze program requirements under part C of the CAA (which 
includes sections 169A and 169B). The 2009 Memo, the 2011 Memo, and 
2013 Memo state that these requirements can be satisfied by an approved 
SIP addressing reasonably attributable visibility impairment, if 
required, or an approved SIP addressing regional haze.
    Alternatively, the 2011 Memo states that most, if not all, Pb 
stationary sources are located at distances from Class I areas such 
that visibility impacts would be negligible. Although Pb can be a 
component of coarse and fine particles, it generally comprises a small 
fraction. When EPA evaluated the extent that Pb could impact 
visibility, Pb-related visibility impacts were found to be 
insignificant (e.g., less than 0.10%). Therefore, EPA anticipates that 
Pb emissions will contribute only negligibly to visibility impairment 
at Class I areas, and states can include an assessment as to this 
assumption in their submissions. The closest Class I area (Otter Creek 
Wilderness, West Virginia) is located approximately 150 miles from the 
Ohio-West Virginia border, and EPA anticipates that this area (or any 
other Class I area) would experience less than 0.10% of adverse 
visibility impact from any Pb-emitting source in Ohio. As previously 
noted, EPA's final technical support documents for the nonattainment 
areas located in Ohio support the conclusion that the ambient 
concentration of Pb are not expected to exceed the NAAQS outside of the 
nonattainment boundaries. EPA proposes that Ohio has met this set of 
infrastructure SIP requirements of 110(a)(2)(D)(i)(II) for the 2008 Pb 
NAAQS.
    In this rulemaking, EPA is not proposing to approve or disapprove 
Ohio's satisfaction of the visibility protection requirements of 
section 110(a)(2)(D)(i)(II) for the 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQs. Instead, EPA will evaluate Ohio's 
compliance with these requirements in a separate rulemaking.
    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate 
provisions requiring compliance with the applicable requirements of 
section 126 and section 115 (relating to interstate and international 
pollution abatement, respectively).
    Section 126(a) requires new or modified sources to notify 
neighboring states of potential impacts from the source. The statute 
does not specify the method by which the source should provide the 
notification. States with SIP-approved PSD programs must have a 
provision requiring such notification by new or modified sources. A 
lack of such a requirement in state rules would be grounds for 
disapproval of this element.
    Ohio has provisions in its EPA-approved PSD program that require 
new or modified sources to notify neighboring states of potential 
negative air quality impacts. The state's submissions reference these 
provisions as being adequate to meet the requirements of section 
126(a). EPA proposes that Ohio has met the infrastructure SIP 
requirements of section 126(a) with respect to the 2008 Pb, 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS. Ohio has no 
obligations under any other section of section 126.
    The infrastructure SIP submissions from Ohio affirm that it does 
not have pending obligations under section 115. Therefore, EPA is 
proposing that Ohio has the applicable infrastructure SIP requirements 
of section 110(a)(2)(D)(ii) related to section 115 of the CAA 
(international pollution abatement) for the 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    This section requires each state to provide for adequate personnel, 
funding, and legal authority under state law to carry out its SIP, and 
related issues. Section 110(a)(2)(E)(ii) also requires each state to 
comply with the requirements respecting state boards under section 128.
    Sub-element 1: Adequate personnel, funding, and legal authority 
under state law to carry out its SIP, and related issues. At the time 
of each of its submissions, Ohio EPA included its most recent biennial 
budget with its submittal, which details the funding sources and 
program priorities addressing the required SIP programs. Ohio EPA has 
routinely demonstrated that it retains adequate personnel to administer 
its air quality management program, and Ohio's environmental 
performance partnership agreement with EPA documents certain funding 
and personnel levels at Ohio EPA. As discussed in previous sections, 
ORC 3704.03 provides the legal authority under state law to carry out 
the SIP. EPA proposes that Ohio has met the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E) with respect to 
the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.
    Sub-element 2: State board requirements under section 128 of the 
CAA. Section 110(a)(2)(E) also requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (i) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (ii) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed.
    On June 7, 2013, Ohio EPA provided a supplemental submission to its 
2008 Pb, 2008 ozone, and 2010 NO2 as part of its 
infrastructure SIP submission for the 2010 SO2 NAAQS 
clarifying that the state does not have a board that has the authority 
to approve enforcement orders or permitting actions as outlined in 
section 128(a)(1) of the CAA; instead, this authority rests with the 
Director of Ohio EPA. Therefore, section 128(a)(1) of the CAA is not 
applicable in Ohio.
    Under section 128(a)(2), the head of the executive agency with the 
power to approve enforcement orders or permits must adequately disclose 
any potential conflicts of interest. In its June 7, 2013, submission, 
Ohio EPA notes that EPA has previously approved provisions into Ohio's 
SIP addressing these requirements (see 46 FR 57490). Notably, ORC 102: 
Public Officers--Ethics contains provisions that require the Director 
of Ohio EPA (and his/her delegate) to file an annual statement with the 
ethics committee including potential conflicts of interest; 
furthermore, this annual filing is subject to public inspection. 
Therefore, EPA proposes that Ohio has met the applicable infrastructure 
SIP requirements for this section of 110(a)(2)(E) for the 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the

[[Page 43343]]

reports shall be available at reasonable times for public inspection.
    Ohio EPA district offices and local air agencies are currently 
required to witness 50% of all source testing and review 100% of all 
tests. EPA-approved rules in OAC 3745-15 contain provisions for the 
submission of emissions reports, and OAC 3745-77 and OAC 3745-31 
provide requirements for recordkeeping by sources. EPA recognizes that 
Ohio has routinely submitted quality assured analyses and data for 
publication, and therefore proposes that Ohio has met the 
infrastructure SIP requirements of section 110(a)(2)(F) with respect to 
the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the CAA, and adequate 
contingency plans to implement such authority. The 2013 Memo states 
that infrastructure SIP submissions should specify authority, rested in 
an appropriate official, to restrain any source from causing or 
contributing to emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment.
    The regulations at OAC 3745-25 contain provisions which allow the 
Director of Ohio EPA to determine the conditions that comprise air 
pollution alerts, warnings, and emergencies. Moreover, the rules 
contained in OAC 3745-25 provide the requirement to implement emergency 
action plans in the event of an air quality alert or higher. EPA 
proposes that Ohio has met the applicable infrastructure SIP 
requirements for this portion of section 110(a)(2)(G) with respect to 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
    Specific to Pb as indicated in the 2011 Memo, EPA believes that the 
central components of a contingency plan for the 2008 Pb NAAQS would be 
to reduce emissions from the source at issue and to communicate with 
the public as needed. Where a state believes, based on its inventory of 
Pb sources and historic monitoring data that it does not need a more 
specific contingency plan beyond having authority to restrain any 
source from causing or contributing to an imminent and substantial 
endangerment, then the state could provide such a detailed rationale in 
place of a specific contingency plan.
    EPA has reviewed historic data at Pb monitoring sites throughout 
Ohio, and believes that a specific contingency plan beyond having 
authority to restrain any source from causing or contributing to an 
imminent and substantial endangerment is not necessary at this time. 
For example, one way to quantify the possibility of imminent and 
substantial endangerment in this context would be a daily monitored 
value for Pb that could by itself cause a violation of the 2008 Pb 
NAAQS.\6\ EPA has reviewed data from 2011-2013 (the most recent three 
calendar year block of complete data) and observes that no such daily 
monitored value exists.
---------------------------------------------------------------------------

    \6\ See appendix R to 40 CFR part 50 for data handling 
conventions and computations necessary for determining when the 
NAAQS are met.
---------------------------------------------------------------------------

    As described in the section detailing interstate transport of Pb, 
EPA does not anticipate other areas in Ohio needing specific 
contingency measures due to low Pb emissions. In conjunction with OAC 
3745-25 as described above, EPA proposes that Ohio has met the 
applicable infrastructure SIP requirements of section 110(a)(2)(G) 
related to contingency measures for the 2008 Pb NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their 
SIPs in response to changes in the NAAQS, availability of improved 
methods for attaining the NAAQS, or to an EPA finding that the SIP is 
substantially inadequate.
    As previously mentioned, ORC 3704.03 provides the Director of Ohio 
EPA with the authority to develop rules and regulations necessary to 
meet ambient air quality standards in all areas in the state as 
expeditiously as practicable, but not later than any deadlines 
applicable under the CAA. ORC 3704.03 also provides the Director of 
Ohio EPA with the authority to develop programs for the prevention, and 
abatement of air pollution. EPA proposes that Ohio has met the 
infrastructure SIP requirements of section 110(a)(2)(H) with respect to 
the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    The CAA requires that each plan or plan revision for an area 
designated as a nonattainment area meet the applicable requirements of 
part D of the CAA. Part D relates to nonattainment areas.
    EPA has determined that section 110(a)(2)(I) is not applicable to 
the infrastructure SIP process. Instead, EPA takes action on part D 
attainment plans through separate processes.

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

    The evaluation of the submissions from Ohio with respect to the 
requirements of section 110(a)(2)(J) are described below.
    Sub-element 1: Consultation with government officials. States must 
provide a process for consultation with local governments and Federal 
Land Managers (FLMs) carrying out NAAQS implementation requirements.
    Ohio EPA actively participates in the regional planning efforts 
that include both the state rule developers as well as representatives 
from the FLMs and other affected stakeholders. The FLMs are also 
included in Ohio EPA's interested party lists which provide 
announcements of draft and proposed rule packages. OAC 3745-31-06 is a 
SIP-approved rule which requires notification and the availability of 
public participation related to NSR actions; notification is provided 
to the general public, executives of the city or county where the 
source is located, other state or local air pollution control agencies, 
regional land use planning agencies, and FLMs. OAC 3704.03(K) is a SIP-
approved rule that which requires giving reasonable public notice and 
conducting public hearings on any plans for the prevention, control, 
and abatement of air pollution that the Director of Ohio EPA is 
required to submit to EPA. Additionally, Ohio is an active member of 
the Lake Michigan Air Director's Consortium (LADCO). Therefore, EPA 
proposes that Ohio has met the infrastructure SIP requirements of this 
portion of section 110(a)(2)(J) with respect to the 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.
    Sub-element 2: Public notification. Section 110(a)(2)(J) also 
requires states to notify the public if NAAQS are exceeded in an area 
and must enhance public awareness of measures that can be taken to 
prevent exceedances.
    Ohio EPA maintains portions of its Web site specifically for issues 
related to the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.\7\ The information contained in these pages 
includes background on the health effects of each of these pollutants, 
the areas of most concern, and the strategies that the state has been 
taking to address the elevated levels, if any, of the pollutants. Ohio 
EPA also actively populates EPA's AIRNOW program, and

[[Page 43344]]

prepares annual data reports from its complete monitoring network. EPA 
proposes that Ohio has met the infrastructure SIP requirements of this 
portion of section 110(a)(2)(J) with respect to the 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.
---------------------------------------------------------------------------

    \7\ See http://www.epa.ohio.gov/dapc/sip/sip.aspx.
---------------------------------------------------------------------------

    Sub-element 3: PSD. States must meet applicable requirements of 
section 110(a)(2)(C) related to PSD. Ohio's PSD program in the context 
of infrastructure SIPs has already been discussed in the paragraphs 
addressing section 110(a)(2)(C) and 110(a)(2)(D)(i)(II). EPA will 
evaluate Ohio's compliance with the various PSD and GHG infrastructure 
SIP requirements in a separate rulemaking.
    Sub-element 4: Visibility protection. With regard to the applicable 
requirements for visibility protection, states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). In the event of the 
establishment of a new NAAQS, however, the visibility and regional haze 
program requirements under part C do not change. Thus, we find that 
there is no new visibility obligation ``triggered'' under section 
110(a)(2)(J) when a new NAAQS becomes effective. In other words, the 
visibility protection requirements of section 110(a)(2)(J) are not 
germane to infrastructure SIPs for the 2008 Pb, 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for 
predicting effects on air quality of emissions from any NAAQS pollutant 
and submission of such data to EPA upon request.
    Ohio EPA reviews the potential impact of major and some minor new 
sources, consistent with 40 CFR part 51, appendix W, ``Guidelines on 
Air Quality Models,'' as well as Ohio EPA Engineering Guide 69. These 
modeling data are available to EPA upon request. The regulatory 
requirements related to PSD modeling can be found in 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. The state also collaborates with LADCO and EPA in order to 
perform modeling. EPA proposes that Ohio has met the infrastructure SIP 
requirements of section 110(a)(2)(K) with respect to the 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.

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

    This section requires SIPs to mandate each major stationary source 
to pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit.
    Ohio EPA implements and operates the title V permit program, which 
EPA approved on August 15, 1995 (60 FR 42045); revisions to the program 
were approved on November 20, 2003 (68 FR 65401). Additional rules that 
contain the provisions, requirements, and structures associated with 
the costs for reviewing, approving, implementing, and enforcing various 
types of permits can be found in ORC 3745.11. EPA proposes that Ohio 
has met the infrastructure SIP requirements of section 110(a)(2)(L) for 
the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    States must consult with and allow participation from local 
political subdivisions affected by the SIP.
    Ohio EPA follows approved procedures for allowing public 
participation, consistent with OAC 3745-47, which is part of the 
approved SIP. Consultation with local governments is authorized through 
ORC 3704.03(B). Ohio EPA provides a public participation process for 
all stakeholders that includes a minimum of a 30-day comment period and 
a public hearing for all SIP related actions. EPA proposes that Ohio 
has met the infrastructure SIP requirements of section 110(a)(2)(M) 
with respect to the 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

V. What action is EPA taking?

    EPA is proposing to approve most elements of submissions from Ohio 
EPA certifying that its current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and (2) for the 2008 
Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. 
EPA's proposed actions for the state's satisfaction of infrastructure 
SIP requirements, by element of section 110(a)(2) and NAAQS, are 
contained in the table below.

----------------------------------------------------------------------------------------------------------------
                                                                                 2008
                             Element                               2008  Pb      Ozone     2010  NO2   2010  SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control measures.................          A           A           A           A
(B): Ambient air quality monitoring and data system.............          A           A           A           A
(C)1: Enforcement of SIP measures...............................          A           A           A           A
(C)2: PSD program for Pb........................................         NA          NA          NA          NA
(C)3: NOX as a precursor to ozone for PSD.......................         NA          NA          NA          NA
(C)4: PM2.5 Precursors/PM2.5 and PM10 condensables for PSD......         NA          NA          NA          NA
(C)5: PM2.5 Increments..........................................         NA          NA          NA          NA
(C)5: GHG permitting thresholds in PSD regulations..............         NA          NA          NA          NA
(D)1: Contribute to nonattainment/interfere with maintenance of           A          NA           A          NA
 NAAQS..........................................................
(D)2: PSD.......................................................         NA          NA          NA          NA
(D)3: Visibility Protection.....................................          A          NA          NA          NA
(D)4: Interstate Pollution Abatement............................          A           A           A           A
(D)5: International Pollution Abatement.........................          A           A           A           A
(E): Adequate resources.........................................          A           A           A           A
(E): State boards...............................................          A           A           A           A
(F): Stationary source monitoring system........................          A           A           A           A
(G): Emergency power............................................          A           A           A           A
(H): Future SIP revisions.......................................          A           A           A           A
(I): Nonattainment area plan or plan revisions under part D.....         NA          NA          NA          NA
(J)1: Consultation with government officials....................          A           A           A           A
(J)2: Public notification.......................................          A           A           A           A
(J)3: PSD.......................................................         NA          NA          NA          NA
(J)4: Visibility protection.....................................          +           +           +           +
(K): Air quality modeling and data..............................          A           A           A           A
(L): Permitting fees............................................          A           A           A           A

[[Page 43345]]

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

    In the above table, the key is as follows:

A Approve
NA No Action/Separate Rulemaking
+ Not germane to infrastructure SIPs

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead, Ozone, Nitrogen dioxide, Sulfur dioxide, Reporting and 
recordkeeping requirements.

    Dated: July 14, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-17591 Filed 7-24-14; 8:45 am]
BILLING CODE 6560-50-P