[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Rules and Regulations]
[Pages 48789-48791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19781]
[[Page 48789]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0125; FRL-9999-47--Region 5]
Air Plan Approval; Ohio; Revisions to NOX SIP Call and CAIR Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Clean Air Act (CAA) a request from the Ohio Environmental
Protection Agency (Ohio EPA) to revise the Ohio State Implementation
Plan (SIP) to incorporate revisions to Ohio Administrative Code (OAC)
Chapter 3745-14 regarding the Nitrogen Oxides (NOX) SIP Call
and the removal of OAC Chapter 3745-109 regarding the Clean Air
Interstate Rule (CAIR). This SIP revision ensures continued compliance
by Electric Generating Units (EGUs) and large non-EGUs with the
requirements of the NOX SIP Call.
DATES: This final rule is effective on October 17, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0125. All documents in the docket are listed on
the www.regulations.gov website. 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 Eric Svingen, Environmental Engineer, at (312) 353-
4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[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. Summary of Proposed Action
II. What comments did EPA receive?
III. What actions is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
Under CAA section 110(a)(2)(D)(i)(I), called the good neighbor
provision, states are required to address interstate transport of air
pollution. Specifically, the good neighbor provision provides that each
state's SIP must contain provisions prohibiting emissions from within
that state from contributing significantly to nonattainment of the
National Ambient Air Quality Standards (NAAQS), or interfering with
maintenance of the NAAQS, in any other state.
On October 27, 1998, EPA published the NOX SIP Call,
which required eastern states, including Ohio, to submit SIPs that
prohibit excessive emissions of ozone season NOX by
implementing statewide emissions budgets (63 FR 57356). The
NOX SIP Call addressed the good neighbor provision for the
1979 ozone NAAQS and was designed to mitigate the impact of transported
NOX emissions, one of the precursors of ozone. EPA developed
the NOX Budget Trading Program, an allowance trading program
that states could adopt to meet their obligations under the
NOX SIP Call. This trading program allowed certain EGUs and
large non-EGUs to participate in a regional cap and trade program. In
fulfillment of the requirements of the NOX SIP Call, Ohio
EPA promulgated OAC Chapter 3745-14 which, among other things, required
EGUs and large non-EGUs in the state to participate in the
NOX Budget Trading Program. On August 5, 2003, EPA published
an action approving OAC Chapter 3745-14 into the Ohio SIP (68 FR
46089).
On May 12, 2005, EPA published CAIR, which required eastern states,
including Ohio, to submit SIPs that prohibited emissions consistent
with annual and ozone season NOX budgets and annual sulfur
dioxide (SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS. Like the NOX SIP Call, CAIR
also established several trading programs that states could use as
mechanisms to comply with the budgets. When the CAIR trading program
for ozone season NOX was implemented beginning in 2009, EPA
discontinued administration of the NOX Budget Trading
Program, but the requirements of the NOX SIP Call continued
to apply. To meet the requirements of CAIR, Ohio EPA promulgated OAC
Chapter 3745-109, which required EGUs to participate in the CAIR annual
SO2 and annual and ozone season NOX trading
programs. Participation by EGUs in the CAIR trading program for ozone
season NOX addressed the state's obligation under the
NOX SIP Call for those units. Ohio EPA also opted to
incorporate large non-EGUs previously regulated under OAC Chapter 3745-
14 into OAC Chapter 3745-109, to meet the obligations of the
NOX SIP Call with respect to those units through the CAIR
trading program as well. On September 25, 2009, EPA published an action
approving OAC Chapter 3745-109 into the Ohio SIP (74 FR 48857).
On August 8, 2011, EPA published the Cross-State Air Pollution Rule
(CSAPR) to replace CAIR and to address the good neighbor provision for
the 1997 ozone NAAQS, the 1997 PM2.5 NAAQS, and the 2006
PM2.5 NAAQS (76 FR 48208). Through Federal Implementation
Plans (FIPs), CSAPR required EGUs in eastern states, including Ohio, to
meet annual and ozone season NOX budgets and annual
SO2 budgets implemented through new trading programs. CSAPR
also contained provisions that would sunset CAIR-related obligations on
a schedule coordinated with the implementation of the CSAPR compliance
requirements. Participation by a state's EGUs in the CSAPR trading
program for ozone season NOX generally addressed the state's
obligation under the NOX SIP Call for EGUs. However, CSAPR
did not initially contain provisions allowing states to incorporate
large non-EGUs into that trading program to meet the requirements of
the NOX SIP Call for non-EGUs.
EPA stopped administering the CAIR trading programs with respect to
emissions occurring after December 31, 2014, and EPA began implementing
CSAPR on January 1, 2015.
On October 26, 2016, EPA published the CSAPR Update, which
established a new ozone season NOX trading program for EGUs
in eastern states, including Ohio, to address the good neighbor
provision for the 2008 ozone NAAQS (81 FR 74504). As under CSAPR,
participation by a state's EGUs in the new CSAPR trading program for
ozone season NOX generally addressed the state's obligation
under the NOX SIP Call for EGUs. The CSAPR Update also
expanded options available to states for meeting NOX SIP
Call requirements for large non-EGUs by allowing states to
[[Page 48790]]
incorporate those units into the new trading program.
After evaluating the various options available following CSAPR
Update, Ohio EPA chose to meet the ongoing NOX SIP Call
requirements for existing and new large non-EGUs by modifying its
existing regulations at OAC Chapter 3745-14 to make the portion of the
budget assigned to large non-EGUs under that program enforceable
without an allowance trading mechanism.
Specifically, while Ohio rescinded portions of its NOX
Budget Trading Program rules under OAC Chapter 3745-14 pertaining to
individual unit allowance allocations and trading, the state retained
and amended the provisions of those rules pertaining to applicability,
the statewide emissions budgets for EGUs and large non-EGUs, and
monitoring and reporting under 40 CFR part 75. Ohio also retained a
provision of the trading program rules exempting EGUs covered by a more
recent ozone season NOX trading program from coverage under
the state's amended program, but updated the provision to base the
exemption on participation in the CSAPR Update trading program for
ozone season NOX instead of the corresponding CAIR trading
program. In addition, Ohio retained other rules under OAC Chapter 3745-
14 addressing NOX emissions from cement kilns and stationary
internal combustion engines outside the NOX Budget Trading
Program. Finally, Ohio also rescinded its CAIR trading program rules in
OAC Chapter 3745-109 in full.
Ohio's February 5, 2018 submission requests that EPA update Ohio's
SIP to reflect the revised rules at OAC Chapter 3745-14 and the
rescission of rules at OAC Chapter 3745-109. On June 27, 2019, EPA
proposed to approve Ohio's request (84 FR 30681). EPA's proposed rule
contains a detailed analysis of Ohio's submission.
II. What comments did EPA receive?
In response to our proposed rule, EPA received one comment,
submitted on behalf of the Ohio Utilities and Generation Group and its
member companies. This comment was supportive of EPA's proposed action.
Therefore, EPA is finalizing this action as proposed.
III. What actions is EPA taking?
EPA is approving Ohio EPA's request to modify its SIP to include
the revisions at OAC Chapter 3745-14 and to remove OAC Chapter 3745-
109.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the ``For Further
Information Contact'' section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, EPA is finalizing the removal of provisions of
the EPA-Approved Ohio Regulations and Statutes from the Ohio SIP, which
is incorporated by reference in accordance with the requirements of 1
CFR part 51.
V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 2019. Filing a petition for
reconsideration by the
[[Page 48791]]
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,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: August 27, 2019.
Cathy Stepp,
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 (c) is amended by:
0
a. Revising the section entitled ``Chapter 3745-14 Nitrogen Oxides--
Reasonably Available Control Technology''; and
0
b. Removing the section entitled ``Chapter 3745-109 Emissions Trading
Programs''.
The revision reads as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved State Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio
Ohio citation Subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-14 Nitrogen Oxides--Reasonably Available Control Technology
----------------------------------------------------------------------------------------------------------------
3745-14-01................. Definitions and 1/28/2018 9/17/19, [insert
General Provisions. Federal Register
citation].
3745-14-03................. The NOX Budget Permit 1/28/2018 9/17/19, [insert
Requirements. Federal Register
citation].
3745-14-04................. Compliance 1/28/2018 9/17/19, [Insert
Certification. Federal Register
citation].
3745-14-08................. Monitoring and 1/28/2018 9/17/19, [insert
Reporting. Federal Register
citation].
3745-14-11................. Portland Cement Kilns. 7/18/2002 8/5/2003, 68 FR 46089.
3745-14-12................. Stationary Internal 5/7/2005 2/4/2008, 73 FR 6427..
Combustion Engines.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-19781 Filed 9-16-19; 8:45 am]
BILLING CODE 6560-50-P