[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11691-11694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03984]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0126; FRL-10020-53-Region 5]


Air Plan Approval; Ohio; NSR Program Administrative 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), new and updated administrative 
rules for the Ohio State Implementation Plan (SIP) for the New Source 
Review (NSR) permitting program. The new and amended administrative 
rules in the Ohio Administrative Code (OAC) would replace the currently 
effective procedural rules in the NSR SIP in their entirety. As part of 
this action, EPA is also proposing to approve the removal of obsolete 
language related to Significant Deterioration of Air Quality.

DATES: Comments must be received on or before March 29, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0126 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for

[[Page 11692]]

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: Mari Gonz[aacute]lez, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6175, [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. This supplementary information 
section is arranged as follows:

I. Background
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

A. NSR Administrative Rules

    On January 10, 2003 (68 FR 1366), EPA approved Ohio's procedural 
rules in OAC 3745-47 into the NSR SIP. These rules included processes 
for public notice procedures for permits in attainment and 
nonattainment areas.
    On April 2, 2012, Ohio EPA adopted the new and amended rules of OAC 
3745-47 and OAC 3745-49, which updated administrative and adjudication 
procedures and moved public notice procedures from OAC 3745-47 to OAC 
3745-49.
    On July 27, 2019, Ohio EPA adopted amendments to OAC 3745-49 to 
allow for modern electronic methods to be used for public noticing of 
SIP related projects and not limiting the process to publication of 
public notices in a newspaper.
    On February 28, 2020, Ohio EPA submitted new and amended rules to 
EPA for approval which would replace OAC chapter 3745-47. The new and 
amended rules are located in OAC chapters 3745-49-01 ``Administrative 
Procedures'', 3745-49-02 ``Administrative procedures--definitions'', 
3745-49-05 ``Draft actions and proposed actions'', 3745-49-06 
``Issuance of final actions'', 3745-49-07 ``Public notice'', and 3745-
49-08 ``Contents of public notices''.

B. Significant Deterioration of Air Quality

    On June 19, 2020, Ohio EPA submitted a request to remove obsolete 
language in 40 CFR 52.1884. As explained below, EPA is proposing to 
approve the deletion of this section from the SIP because Ohio has a 
SIP-approved Prevention of Significant Deterioration (PSD) program, and 
EPA concurs that the provision is obsolete.

II. What action is EPA taking?

A. NSR Administrative Rules

    EPA is proposing to approve revisions to the Ohio SIP submitted on 
February 28, 2020. This submittal includes revisions which replace the 
entire existing SIP-approved procedural rules in OAC 3745-47 with the 
administrative rules from OAC 3745-49-01, 3745-49-02, 3745-49-05, 3745-
49-06, 3745-49-07, and 3745-49-08.
    The rules in OAC 3745-49-01, which EPA is proposing to approve, 
pertain to administrative procedures and are composed of reorganized 
portions of previously SIP-approved rules from OAC 3745-47-01, 3745-47-
02, and 3734-03. These rules detail the applicability and construction 
of administrative procedures rules. EPA finds that the revisions are 
consistent with Federal provisions for administrative procedures for 
SIPs found in 40 CFR 51.163.
    The rules in OAC 3745-49-02 contain administrative procedures 
definitions. This chapter of the rules contains reorganized definitions 
from previously approved chapter 3745-47-03, as well as new 
definitions. New definitions include: (C)(1) ``claimant'' which is 
added to define a person who claims information submitted to an agency 
is confidential because it constitutes a trade secret; (C)(2) 
``complainant'' which defines a person who has filed a verified 
complaint; (P)(2) ``personal knowledge'' which is added to define 
knowledge gained through first hand observation or experience; (P)(4) 
``proposed public copy'' which defines a version of information 
submitted to the agency which omits trade secret information; (P)(5) 
``public copy'' which defines a version of information maintained by 
the agency which omits trade secret information; (P)(7) ``public 
record'' which is added to clarify that it has the same meaning as in 
section 149.43 of Ohio's Revised Code; (T) ``trade secret'' which is 
added to define information, not including discharge or emissions data, 
that is reasonable to maintain its secrecy and derives independent 
economic value from not being generally known; and (U) ``unredacted 
copy'' which defines a complete official version of information 
submitted to an agency from which trade secret information has not been 
withheld. The definition for (V) ``verified complaint'' which was 
previously approved into the SIP was revised and defined as a complaint 
which meets the requirements of ORC 3745.08 and OAC 3745-49-12. The 
remaining definitions in this section contain minor word changes and 
are reformatted versions of previously approved definitions from OAC 
3745-47. The definitions in OAC 3745-49-02 are not defined within the 
Federal rules, and their approval into the SIP would not cause 
inconsistencies with the application of Federal regulations. EPA finds 
that the revised language and new definitions are consistent with 
Federal requirements for administrative procedures for SIPs found in 40 
CFR 51.163.
    The rules in OAC 3745-49-05, which EPA is proposing to approve, 
contain language on draft actions and proposed actions. This chapter 
contains language which has been reformatted and expanded from 
previously approved rules in OAC 3745-47-05 and 3745-47-07. EPA finds 
that the revisions are consistent with Federal requirements.
    The rules in OAC 3745-49-06 contain language on the issuance of 
final actions. This chapter contains language which has been 
reformatted from previously approved rules in OAC 3745-47-05 and 3745-
47-07. EPA finds that non-substantive changes have been made to the 
previously approved rule language, and the revisions are consistent 
with Federal requirements.
    The rules in OAC 3745-49-07 contain updates to public notice 
requirements for SIP-related projects. This chapter contains 
reorganized and amended rules from previously approved chapter 3745-47-
07 as well as new changes. The changes update noticing procedures

[[Page 11693]]

for public notices in subparts (B)(1) and (B)(2) related to Ohio's SIP 
developed under section 110 of the CAA to allow for more modern 
electronic methods to be used. EPA anticipates that allowing for 
electronic methods of providing notice, which is already being 
practiced by many permitting authorities, will allow permitting 
authorities to communicate affected actions to the public more quickly 
and efficiently, expand access, and will provide cost savings over 
newspaper publications. States are obligated to provide notice of new 
and updated SIPs and offer the opportunity to comment through hearings. 
The remaining changes in this chapter include minor revisions and 
reorganized rules. EPA has determined that the revised rules regarding 
public noticing of SIP-related projects comply with Federal definitions 
and provisions found at 40 CFR 51.102 which detail procedural 
requirements for public hearings related to the preparation, adoption, 
and submittal of implementation plans. EPA finds that the remaining 
minor revisions in this chapter are also consistent with Federal 
requirements.
    The rules in OAC 3745-49-08 contain requirements for contents of 
public notices. This chapter contains reorganized rules from previously 
approved chapters 3745-47-08 and 3745-47-05, amended rules, as well as 
new requirements. New requirements were added in subparts (A)(3) and 
(D)(3) to require that public notices of actions and public meetings, 
respectively, include instructions for those desiring to obtain 
additional information, a copy of any factsheet prepared, or a copy of 
the action. Similarly, new requirements were also added to subparts 
(A)(4) and (D)(4) to require public notices of actions and public 
meetings to include instructions for those desiring to be included in 
the mailing list. Language in subpart (B)(3)(c) was added to clarify 
that a draft action or proposed action shall not become final if an 
adjudication hearing is timely requested. New requirements for public 
notices of public meetings in subpart (D)(8) include requirements for 
providing a statement of issues to be addressed at a public meeting if 
activities or operations that are the subject of the action are not 
included in the public notice. The new language in subpart (D)(9) was 
added to require a statement that the purpose of the public meeting was 
to obtain additional information which the director will consider prior 
to taking further action on the matter under consideration. Part (E) 
was added to OAC 3745-49-08 to include requirements for public notices 
of verified complaints. Language in part (F) was reorganized from 
previously approved language in OAC 3745-47-08 and subpart (F)(5) was 
added to clarify that all other public notices shall also include a 
statement specifying that written comments regarding the subject of the 
public notice may be submitted within thirty days or any longer period 
as specified by the Ohio EPA. Additional new language in this chapter 
includes subpart (G) which addresses cases where duplicate information 
is required in multiple notices, subpart (H) which specifies the 
requirements for notices of any action to modify an action of the 
director, and subpart (I) which specifies that all notices required by 
OAC 3745-49-07 may be in summary form. The remaining language in OAC 
3745-49-08 includes reorganized rules from previously approved 
chapters. EPA finds that the minor revisions and new rules in this 
chapter are consistent with Federal provisions and requirements 
concerning public availability of information found in 40 CFR 51.161.
    EPA has determined that the rules in OAC 3745-49 are consistent 
with EPA's PSD regulations and that approval of these amendments, 
revisions, and new rules is consistent with the requirements of CAA 
section 110(l) and will not adversely impact air quality. For these 
reasons, EPA is proposing to approve these rules into the Ohio SIP.

B. Significant Deterioration of Air Quality

    EPA is also proposing to approve the removal of 40 CFR 52.1884 from 
the CFR. 40 CFR 52.1884 incorporates the provisions of the Federal PSD 
program into Ohio's state plan and only applies when the requirements 
of sections 160 through 165 of the CAA are not met. Since Ohio's PSD 
program was approved into the SIP on January 22, 2003 (68 FR 2909), 
this language is no longer applicable. The language contained in 40 CFR 
52.1884 became obsolete when EPA delegated authority to Ohio EPA to 
implement the Federal PSD program.
    EPA has determined that removal of this obsolete language would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress and that approval of this revision is 
consistent with the requirements of CAA section 110(l) and will not 
adversely impact air quality. Therefore, EPA is proposing to approve 
deletion of the obsolete language from the Ohio SIP.

III. 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 the following rules in Ohio Administrative Code Chapter 3745-
49: Rules 3745-49-01, 3745-49-02, 3745-49-06, and 3745-49-08, effective 
April 2, 2012 and Rule 3745-49-07, effective July 27, 2019, discussed 
in Section II 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).

IV. 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);
     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);

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     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 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-03984 Filed 2-25-21; 8:45 am]
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