[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Proposed Rules]
[Pages 59327-59331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23704]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0522; FRL-10001-07-Region 5]
Air Plan Approval; Ohio; Revisions to NOX SIP Call Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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. This SIP revision would approve alternative
monitoring requirements for certain covered sources.
DATES: Comments must be received on or before December 4, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0522 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
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. What is the background of this SIP submission?
II. What is EPA's analysis of this SIP submission?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
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
[[Page 59328]]
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 sources to participate in a regional cap and
trade program: Electric Generating Units (EGUs) with capacity greater
than 25 megawatts; and large non-EGUs, such as boilers and turbines,
with a rated heat input greater than 250 million British thermal units
per hour (MMBtu/hr). The NOX SIP Call also identified
potential reductions from Portland cement kilns and stationary internal
combustion engines.
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 this initial version of OAC Chapter 3745-14 into
the Ohio SIP (68 FR 46089).
On May 12, 2005, EPA published the Clean Air Interstate Rule
(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 and was designed to mitigate the impact of
transported NOX emissions, a precursor of ozone as well as
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. 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).
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. North Carolina v. EPA, 531 F.3d 896,
modified, 550 F.3d 1176 (D.C. Cir. 2008). The ruling allowed CAIR to
remain in effect temporarily until a replacement rule consistent with
the court's opinion was developed. While EPA worked on developing a
replacement rule, the CAIR program continued as planned with the
NOX annual and ozone season programs beginning in 2009 and
the SO2 annual program beginning in 2010.
On August 8, 2011, acting on the D.C. Circuit's remand, 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.
CSAPR was intended to become effective January 1, 2012; however,
the timing of CSAPR's implementation was impacted by subsequent
litigation in which the D.C. Circuit stayed implementation of the rule
pending judicial review. After subsequent litigation,\1\ the court
granted EPA's motion to lift the stay \2\ and, on December 3, 2014, EPA
issued an interim final rule, setting the updated effective date of
CSAPR as January 1, 2015 (79 FR 71663). In accordance with the interim
final rule, 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.\3\
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\1\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 31 (D.C.
Cir. 2012) (EME Homer City I) (vacating and remanding CSAPR); EPA v.
EME Homer City Generation, L.P., 572 U.S. 489 (2014) (reversing the
D.C. Circuit decision and remanding for further proceedings).
\2\ The D.C. Circuit subsequently issued its decision on remand
from the Supreme Court, largely affirming CSAPR but remanding
certain states budgets to EPA for reconsideration. EME Homer City
Generation, L.P., v. EPA, 795 F.3d 118 (EME Homer City II).
\3\ EPA solicited comment on the interim final rule and
subsequently issued a final rule affirming the amended compliance
schedule after consideration of comments received. 81 FR 13275
(March 14, 2016).
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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 incorporate
those units into the new trading program.
After evaluating the various options available following the 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. Ohio also rescinded its CAIR
trading program rules in OAC Chapter 3745-109 in full. On September 17,
2019, EPA published an action 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 (84 FR 48789).
Under 40 CFR 51.121(i)(4) of the NOX SIP Call
regulations as originally promulgated, where a state's SIP contains
control measures for EGUs and large non-EGUs, the SIP must also require
these sources to monitor emissions according to the provisions of 40
CFR part 75, which generally entails the use of continuous emission
monitoring systems (CEMS). Ohio triggered this requirement by including
control measures in their SIP for these types of sources, and the
requirement has remained in effect despite the discontinuation of the
NOX Budget Trading Program after the 2008 ozone season. On
March 8, 2019, EPA
[[Page 59329]]
finalized updates to the provision at 40 CFR 51.121(i)(4) to make the
inclusion of 40 CFR part 75 monitoring requirements for these sources
in SIPs optional rather than mandatory for NOX SIP Call
purposes (84 FR 8422). Under the updated provision, a state's SIP would
still need to include some form of emissions monitoring requirements
for these types of sources, consistent with the NOX SIP
Call's general enforceability and monitoring requirements at Sec.
[thinsp]51.121(f)(1) and (i)(1), respectively, but states would no
longer be required to satisfy these general NOX SIP Call
requirements specifically through the adoption of 40 CFR part 75
monitoring requirements.
After evaluating the various options available following EPA's
March 8, 2019, amendments to the NOX SIP Call regulations,
Ohio EPA chose to further revise its rules at OAC Chapter 3745-14 to
include alternate monitoring requirements for certain covered sources.
These revisions provide a process by which the designated
representative for certain NOX budget units may submit to
the Ohio EPA director an application for an installation or operating
permit requesting alternative monitoring and reporting requirements,
either in the form of 40 CFR part 60 monitoring or in the form of
monitoring of heat input and fuel use combined with use of an approved
emission factor.
II. What is EPA's analysis of this SIP submission?
Ohio's August 26, 2019, submission requests that EPA update Ohio's
SIP to reflect the revised rules at OAC Chapter 3745-14. Additionally,
this submission includes a demonstration under Section 110(l) of the
CAA intended to show that this SIP revision does not interfere with any
applicable CAA requirement.
A. Revised State Rules
Given EPA's revision to the NOX SIP Call's emissions
monitoring requirements, Ohio updated its NOX SIP Call rules
at OAC Chapter 3745-14 to establish emissions monitoring requirements
for certain units other than requirements to monitor according to 40
CFR part 75. Specifically, Ohio adopted revisions to OAC rules 3745-14-
01, 3745-14-04, and 3745-14-08 with a state-effective date of August
22, 2019. Ohio's August 26, 2019, submission includes a request that
EPA approve these updated rules into its SIP.
The state regulations addressing the NOX SIP Call are
established at OAC rules 3745-14-01, 3745-14-03, 3745-14-04, 3745-14-
08, 3745-14-11, and 3745-14-12. On September 17, 2019, EPA approved
revisions to OAC rule 3745-14-03 concerning NOX budget
permit requirements, and Ohio has not further amended OAC rule 3745-14-
03 subsequent to EPA's approval (84 FR 48789). Ohio has also retained
OAC rules 3745-14-11 and 3745-14-12 regarding cement kilns and
stationary internal combustion engines outside the former trading
program. EPA's September 17, 2019, rulemaking also included approval of
revisions to OAC rules 3745-14-01, 3745-14-04, and 3745-14-08
pertaining to applicability, the statewide emissions budgets for EGUs
and large non-EGUs, and monitoring and reporting under the former
trading program. Subsequent to the revisions approved in EPA's
September 17, 2019, rulemaking, Ohio further revised OAC rules 3745-14-
01, 3745-14-04, and 3745-14-08 to establish alternative monitoring
requirements for certain sources, and Ohio's August 26, 2019 submission
requests that EPA approve these further revised rules into its SIP.
Specifically, a new provision at OAC rule 3745-14-08 paragraph (H)
provides that the Ohio EPA director may approve alternative monitoring
and reporting requirements in lieu of the existing requirements at OAC
rule 3745-14-08 paragraphs (A) through (G). These alternative
requirements shall be based on the best available data, provide for
reporting the nature and amount of emissions of a NOX budget
unit, and shall be sufficient to determine compliance with the
requirements of OAC Chapter 3745-14. Per OAC rule 3745-14-01 paragraph
(C) as approved into Ohio's SIP in EPA's September 17, 2019,
rulemaking, the monitoring requirements at OAC rule 3745-14-08 apply
only to units that would have been subject to the former NOX
Budget Trading Program and that are not subject to a CSAPR trading
program for NOX emissions pursuant to 40 CFR 52.38, and the
revised provisions authorizing alternative monitoring requirements
therefore would also apply only to units that are not subject to a
CSAPR trading program for NOX emissions.
The alternative requirements may take one of two forms: Either
monitoring and reporting in accordance with 40 CFR part 60, combined
with a methodology for determining NOX mass emissions from
40 CFR part 60 NOX emission rate data, or monitoring of heat
input and fuel use combined with use of an approved emission factor for
current operating conditions.
A request under OAC rule 3745-14-08 paragraph (H) for alternative
monitoring and reporting requirements must be made by the designated
representative of a NOX budget unit via application for an
installation or operating permit. The request must specify which of the
two forms is requested. If 40 CFR part 60 monitoring is requested, the
application must describe how the amount of NOX emissions in
tons will be determined from the 40 CFR part 60 NOX emission
rate data. If monitoring of heat input and fuel use combined with use
of an approved emission factor is requested, then the request must
include an analysis evaluating potential emission factors for each fuel
type. The analysis of potential emission factors must include an
analysis of any historical CEMS data representative of current
operating conditions as well as the results of a valid stack test
conducted within the two years preceding the application, if available.
The application must also describe how monitoring data will be
obtained, recorded, and quality-assured and how NOX
emissions will be accounted for during periods of missing or inaccurate
data.
If alternative monitoring and reporting is requested to begin
within a control period, the application must include a description of
the transition process ensuring there will not be gaps in data
monitoring and reporting.
The alternative monitoring and reporting requirements must be
approved, prior to use, in the applicable installation or operating
permit. By April 15 of each year, a report must be made to the Ohio EPA
director of actual NOX emissions for the previous control
period, as determined using the approved alternative monitoring
procedures. Records must be maintained in accordance with the terms and
condition in the installation or operating permit and shall be made
available to the Ohio EPA director.
Units using approved emissions factors must conduct stack testing
according to an approved test method at least once every five years to
demonstrate that the approved emission factors continue to be
representative. If an initial application did not include stack test
data, an initial stack test must be conducted within 90 days of permit
issuance. The results of each stack test must be submitted to Ohio EPA
within 30 days of the test. Based on the results of any stack test,
Ohio EPA may require submission of a new application to establish more
representative emission factors.
Ohio's revisions provide that the rule does not authorize
exemptions or alternatives to any 40 CFR part 75 monitoring
requirements that might apply to a source under a different legal
[[Page 59330]]
authority. The revised rule further states that Ohio EPA will transmit
annually to EPA a report of NOX emissions reported under OAC
rule 3745-14-08 paragraph (H), in accordance with the requirements of
40 CFR 51.122(c)(1)(i).
Given the addition of paragraph (H) to OAC rule 3745-14-08, Ohio's
revisions also include changes throughout the remainder of OAC rule
3745-14-08 which clarify that sources not adopting approved alternative
monitoring and reporting requirements are only subject to the
requirements of paragraphs (A) through (G). In OAC rule 3745-14-01,
Ohio's revisions clarify references to the revised OAC rule 3745-14-08,
and additionally provide updated definitions regarding emissions and
emission factors. Ohio's revisions to OAC rule 3745-14-04 provide for a
compliance certification process for sources subject to approved
alternative monitoring and reporting requirements.
EPA proposes to find that Ohio's revisions to OAC rules 3745-14-01,
3745-14-04, and 3745-14-08 are consistent with Ohio's obligation to
demonstrate continued compliance with NOX SIP Call
requirements for large non-EGUs. Under the ongoing requirements of the
NOX SIP Call, the Ohio SIP must: (1) Include enforceable
control measures for ozone season NOX mass emissions from
existing and new large EGUs and large non-EGUs and (2) require those
sources to monitor and report ozone season NOX emissions.
The emissions monitoring and reporting requirements must be sufficient
to ensure compliance with the control measures but there is no
mandatory specific methodology; use of 40 CFR part 75 is allowed but
not required. See 40 CFR 51.121(f)(2) and (i).
With respect to the NOX SIP Call requirement that the
state have enforceable control measures to limit ozone season
NOX, Ohio is currently subject to the Federal CSAPR Update
trading program for ozone season NOX that addresses these
requirements for existing and new EGUs. Because Ohio's non-EGUs are not
subject to that CSAPR trading program, the state must meet this
requirement for non-EGUs through other SIP provisions. In our September
17, 2019, action, EPA previously approved provisions at OAC rule 3745-
14-01 intended to satisfy this requirement for non-EGUs that prohibit
ozone season NOX emissions from existing and new large non-
EGUs from exceeding 4,028 tons, the portion of the state's
NOX SIP Call budget assigned to large non-EGUs. Ohio's
revisions do not substantively alter the existing provisions at OAC
rule 3745-14-01 that address the requirement for enforceable control
measures for non-EGUs.\4\ Emissions reported to EPA from the state's
large non-EGUs for the 2018 ozone season were 543 tons, well below this
limit.
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\4\ As EPA previously determined that the state adequately
addressed the NOX SIP Call requirement that states
include enforceable control measures for ozone season NOX
mass emissions from existing and new large EGUs and large non-EGUs,
EPA is not reopening for comment the determination made in our
September 17, 2019, action.
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As to the requirement for sources to monitor and report ozone
season NOX emissions under the NOX SIP Call,
these SIP revisions would continue to require emissions monitoring from
all covered sources, consistent with the NOX SIP Call's
enforceability and monitoring requirements, but certain NOX
budget units would no longer be required to satisfy these requirements
specifically through part 75 monitoring requirements. Instead, these
revisions would allow large non-EGUs that follow the application
process described above to monitor and report their NOX mass
emissions for each ozone season using alternative monitoring
requirements.
In EPA's March 8, 2019, rulemaking amending the NOX SIP
Call's monitoring requirements at 40 CFR 51.121(i)(4), EPA observed
that, under 40 CFR 51.121(i), the principal criterion for approval of
monitoring and reporting requirements for purposes of the
NOX SIP Call following the amendments would be that the
requirements must be sufficient to determine whether sources are in
compliance with the control measures adopted to achieve the required
emissions reductions.\5\ EPA noted that for purposes of demonstrating
the sufficiency of the monitoring and reporting requirements, a state
generally would be able to cite the same types of data (e.g., data
indicating substantial compliance margins) that EPA cited to support
finalizing the amendments to the NOX SIP Call
regulations.\6\ In addition, EPA pointed out the need to consider
whether the regulation contains provisions to avoid gaps in required
monitoring and whether any monitoring approach that uses emissions
factors is designed to avoid any bias toward understatement of
emissions.\7\
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\5\ See 84 FR at 8428-29.
\6\ Id. n.30.
\7\ Id.
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In Ohio's case, the relevant control measure is the collective cap
of 4,028 tons of ozone seasons NOX emissions established for
the set of existing and new non-EGUs in OAC rule 3745-14-01 paragraph
(D). As noted above, for the 2018 ozone season, Ohio's large non-EGUs
subject to this cap reported collective NOX emissions of 543
tons, indicating a compliance margin of more than six times recent
emissions levels.
While the alternative monitoring requirements available under
Ohio's regulation would not provide the same degree of detailed
reporting or quality assurance as part 75 monitoring data, and may
therefore be more likely to overstate or understate actual emissions to
some degree, there is nothing in Ohio's regulation that suggests the
data obtained using the alternative monitoring methodologies would be
biased toward understatement of emissions. The regulation expressly
requires the use of the best available data, it calls for consideration
of both historical CEMS data and stack test results when establishing
source-specific emission factors, it requires periodic stack testing to
verify the continued representativeness of the approved emission
factors, and it includes provisions to address cases where an emission
factor is found to no longer be representative. Further, the regulation
requires procedures to account for emissions during periods of missing
or inaccurate data and procedures to avoid data gaps during the
transition from 40 CFR part 75 monitoring to alternative monitoring.
Given the substantial compliance margin in this instance, EPA believes
that the data monitored and reported under Ohio's alternative
monitoring requirements would be sufficient to determine whether the
state's large non-EGUs are in compliance with their collective
emissions cap.
EPA proposes to find that, as revised, OAC rules 3745-14-01, 3745-
14-04 and 3745-14-08 meet the state's ongoing obligations under the
NOX SIP Call with respect to existing and new large non-
EGUs. Specifically, we propose to find that the revised rules meet the
requirement under 40 CFR 51.121(f)(2) for enforceable limits on the
units' collective emissions of ozone season NOX mass
emissions and the requirement under 40 CFR 51.121(i)(1) for monitoring
sufficient to ensure compliance with those limits. The state's EGUs are
currently complying with their analogous NOX SIP Call
requirements through participation in the CSAPR Update trading program
for ozone season NOX.
EPA is proposing to find that Ohio EPA's revisions at OAC Chapter
3745-14 are consistent with applicable requirements under the CAA and
the NOX SIP Call, and EPA is therefore proposing to approve
these changes into the Ohio SIP.
[[Page 59331]]
B. Section 110(l) Demonstration
In this action, EPA is proposing to approve Ohio's request to
approve updated rules related to the NOX SIP Call into its
SIP. Ohio EPA's submission includes a noninterference demonstration
intended to show that its SIP revision is approvable under Section
110(l) of the CAA; such a demonstration is sometimes called an anti-
backsliding demonstration. Section 110(l) provides that EPA cannot
approve a SIP revision if the revision would interfere with any
applicable requirement concerning attainment or reasonable further
progress (RFP), or any other applicable requirement of the CAA.
Additionally, section 110(l) makes clear that each SIP revision is
subject to the requirements of section 110(l). As such, EPA will only
approve a SIP revision that removes or modifies control measures in the
SIP if the state has demonstrated that such removal or modification
would not interfere with attainment and maintenance of the NAAQS, RFP,
or any other applicable requirement of the CAA. EPA generally considers
whether the SIP revision would worsen, preserve, or improve the status
quo in air quality.
For the reasons explained below, we find that EPA's proposed action
to update the provisions relating to the NOX SIP Call
satisfies the requirements of CAA section 110(l). As explained above,
this action would not alter the NOX SIP Call emission
budgets that limit emissions in the state. The alternate monitoring
requirements at OAC Chapter 3745-14 are permanent, enforceable and
sufficient to determine whether Ohio's sources are in compliance with
the control measures adopted to meet the NOX SIP Call's
emissions requirements. Given continued implementation of SIP
requirements governing the unchanged amounts of allowable emissions,
accompanied by replacement monitoring requirements sufficient to ensure
compliance with the unchanged emissions requirements, this SIP revision
is not expected to result in increases in emissions that could
interfere with other statutory or regulatory requirements. Importantly,
the substitute measure ensures compliance with the existing
NOX SIP Call budgets and thus will preserve the status quo
in air quality. For these reasons, we conclude that the revisions will
not interfere with attainment and maintenance of the NAAQS, RFP, or any
other applicable requirement of the CAA.
For the reasons explained above, EPA is proposing to approve Ohio
EPA's SIP submission under section 110(l) of the CAA.
III. What action is EPA taking?
EPA is proposing to approve Ohio EPA's request to modify its SIP to
include the revisions at OAC Chapter 3745-14.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference OAC rules 3745-14-01, 3745-14-04, and 3745-14-08, with a
state-effective date of August 22, 2019. 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).
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).
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: October 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-23704 Filed 11-1-19; 8:45 am]
BILLING CODE 6560-50-P