[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64072-64074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22360]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0824; FRL-9952-42-Region 5]


Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 
2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of the state implementation plan (SIP) submission from Ohio 
regarding the infrastructure requirements of section 110 of the Clean 
Air Act (CAA) for the 2012 fine particulate matter (PM2.5) 
National Ambient Air Quality Standards (NAAQS). The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air quality management program are adequate to meet the 
state's responsibilities under the CAA. The proposed rule associated 
with this final action was published on June 23, 2016, and we received 
no comments.

DATES: This final rule is effective on October 19, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0824. 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. We recommend 
that you telephone Joseph Ko, Environmental Engineer, at (312) 886-7947 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer, 
Attainment Planning and Maintenance, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7947, [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 did Ohio submit, and what is the scope of EPA's action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What did Ohio submit, and what is the scope of EPA's action?

A. What state SIP submission does this rulemaking address?

    This rulemaking addresses a submission from the Ohio Environmental 
Protection Agency (OEPA), describing its infrastructure SIP for the 
2012 PM2.5 NAAQS, dated December 4, 2015.

[[Page 64073]]

B. Why did the state make this SIP submission?

    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 2012 PM2.5 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) 
and has issued additional guidance documents, the most recent on 
September 13, 2013, ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 Memo). 
The SIP submission referenced in this rulemaking pertains to the 
applicable requirements of section 110(a)(1) and (2), and addresses the 
2012 PM2.5 NAAQS. To the extent that the prevention of 
significant deterioration (PSD) program is non-NAAQS specific, a narrow 
evaluation of other aspects of Ohio's submittal pertinent to the NAAQS 
will be included in the appropriate sections.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission from OEPA that addresses the 
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for 
the 2012 PM2.5 NAAQS. The requirement for states to make a 
SIP submission of this type is in 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 four substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and EPA's policies addressing such excess emissions (``SSM''); 
(ii) existing provisions related to ``director's variance'' or 
``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); (iii) existing provisions for PSD programs 
that may be inconsistent with current requirements of EPA's ``Final New 
Source Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 
2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''); and 
(iv) transport provisions under section 110(a)(2)(D). Instead, EPA has 
the authority to, and plans to, address each one of these substantive 
areas in separate rulemakings. A detailed history and interpretation of 
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).

II. What action is EPA taking?

    EPA is approving most elements of the submission from OEPA 
certifying that its current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and (2) for the 2012 
PM2.5 NAAQS. The proposed rulemaking associated with this 
final action was published on June 23, 2016 (81 FR 40827), and EPA 
received no comments during the comment period, which ended on July 25, 
2016. For the reasons discussed in the proposed rulemaking, EPA is 
therefore taking final action to approve most elements, as proposed, of 
Ohio's submissions. 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.

------------------------------------------------------------------------
                   Element                             2012 PM2.5
------------------------------------------------------------------------
(A): Emission limits and other control         A
 measures.
(B): Ambient air quality monitoring and data   A
 system.
(C): Program for enforcement of control        A
 measures.
(D) 1: Interstate Transport--Significant       NA
 contribution.
(D) 2: Interstate Transport--interfere with    NA
 maintenance.
(D) 3: PSD...................................  A
(D) 4: Visibility............................  NA
(D) 5: Interstate and International Pollution  A
 Abatement.
(E): Adequate resources......................  A
(E): State boards............................  A
(F): Stationary source monitoring system.....  A
(G): Emergency power.........................  A
(H): Future SIP revisions....................  A
(I): Nonattainment area plan or plan           +
 revisions under 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 and data...........  A
(L): Permitting fees.........................  A
(M): Consultation and participation by         A
 affected local 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:
     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);

[[Page 64074]]

     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 November 18, 2016. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: August 30, 2016.
Robert A. Kaplan,
Acting 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. In Sec.  52.1870, the table in paragraph (e) is amended by adding an 
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS'' after the entry ``Section 110(a)(2) 
infrastructure requirements for the 2006 PM2.5 NAAQS'' under 
``Infrastructure Requirements'' to read as follows:


Sec.  52.1870   Identification of plan.

* * * * *
    (e) * * *

                                             EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                          Applicable
               Title                 geographical or non-    State date                 EPA approval                              Comments
                                       attainment area
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                                                                      * * * * * * *
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                                                               Infrastructure Requirements
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                                                                      * * * * * * *
Section 110(a)(2) infrastructure    Statewide............       12/2/2015  9/19/2016, [Insert Federal Register     Addresses the following CAA elements:
 requirements for the 2012 PM                                               citation].                              110(a)(2)(A)-(C), (D)(iii), (D)(v),
 NAAQS.                                                                                                             (E)-(H), (J)(i), (J)(ii), (J)(iii),
                                                                                                                    (K)-(M).
 
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[FR Doc. 2016-22360 Filed 9-16-16; 8:45 am]
 BILLING CODE 6560-50-P