[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Proposed Rules]
[Pages 9039-9041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02746]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0559; FRL-10019-84-Region 5]


Air Plan Approval; Ohio; Ohio NSR Permit Timing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revised paragraph of the Ohio Revised Code (ORC) into Ohio's 
state implementation plan (SIP) under the Clean Air Act (CAA). This 
revision will allow for the extension of an installation permit which 
is the subject of an appeal by a party other than the owner or operator 
of the air contaminant source. The extension will allow the date of 
termination of the permit to be no later than eighteen months after the 
effective date of the permit plus the number of days between the date 
in which the permit was appealed and the date the appeal was resolved.

DATES: Comments must be received on or before March 15, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0559 at http://www.regulations.gov, or via email to 
[email protected]. For

[[Page 9040]]

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: Charmagne Ackerman, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0448, [email protected]. 
The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding Federal holidays and facility closures due to 
COVID-19.

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

I. What action is EPA taking?

    EPA is proposing to approve paragraph (F)(2)(b)(iv) of ORC 3740.03 
into the Ohio SIP. On October 27, 2020, EPA received a submittal from 
the Ohio Environmental Protection Agency (OEPA) requesting the approval 
of the ORC Permit Expiration Provision at ORC 3740.03 (F)(2)(b)(iv) 
into Ohio's SIP. In 2009, the Ohio General Assembly modified portions 
of ORC 3704.03 to update the requirements for the expiration of air 
pollution installation permits. Specifically, the modification included 
paragraph (F)(2)(b), which prescribes that installation permits are 
initially effective for 18 months, but the 18-month time period can be 
modified for cause as described in the law. This portion of the ORC 
became effective October 16, 2009.
    The majority of the provisions in ORC 3704.03 paragraph (F)(2)(b) 
are contained in Ohio Administrative Code (OAC) rule 3745-31-07, which 
was most recently approved into the SIP on August 24, 2015 (80 FR 
36477). However, paragraph (F)(2)(b)(iv) is not part of OAC 3745-31-07, 
and OEPA has requested that the paragraph be approved into the SIP.
    On January 12, 2021, OEPA submitted a letter to further clarify 
several implementation aspects of the submittal, as discussed below.
    Paragraph (F)(2)(b)(iv) allows for an installation permit to be 
extended beyond 18 months if the installation permit is subject to 
appeal by a party other than the owner or operator of the air 
contaminant source that is subject of the installation permit. In the 
case as described, the termination date of the installation permit will 
not be later than 18 months after the effective date of the permit plus 
the number of days between the date in which the permit was appealed 
and the date on which all appeals concerning the permit have been 
resolved. The Federal Prevention of Significant Deterioration (PSD) 
rules at 40 CFR 52.21(r)(2) describes the timing that the owner/
operator must begin construction of a PSD source including the 
requirement that the construction must start within 18 months after 
receipt of approval. Subparagraph (r)(2) also stated that the EPA 
Administrator may extend the 18-month time period upon a satisfactory 
showing that an extension is justified. EPA finds that the language in 
paragraph (F)(2)(b)(iv) is consistent with the Federal PSD regulations.
    The January 12, 2021, letter from OEPA provided assurance that in 
the instance of a lengthy appeal process, OEPA fully maintains its 
discretion to re-assess the permit to ensure that it is consistent with 
Federal regulations and guidance. Additionally, OEPA is able to utilize 
existing mechanisms on its website to notify the public of the extended 
permit. These clarifications ensure that the provisions are consistent 
with Federal regulations, and thus, approvable. Since it only affects 
the timing associated with an affected installation permit's 
termination date, the requested SIP revision does not impact the amount 
of emissions associated with any law, rule, or permit. Thus, the 
revision does not interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in CAA Section 
171), or any other applicable requirements of the CAA. Therefore, a 
detailed CAA Section 110(l) analysis is not necessary.

II. Incorporation by Reference

    In this action, 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 Ohio Revised Code section 3704.03(F)(2)(b)(iv), effective 
October 16, 2009, discussed in Section I of this action. 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).

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action 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

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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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-02746 Filed 2-10-21; 8:45 am]
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