[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Rules and Regulations]
[Pages 12270-12272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0388; FRL-10020-89-Region 5]


Air Plan Approval; Ohio; Base Year Emission Inventories and 
Emissions Statement Rule Certification for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), a revision to the State Implementation Plan 
(SIP) submitted by the Ohio Environmental Protection Agency on July 24, 
2020. The CAA establishes emission inventory requirements for all ozone 
nonattainment areas. The revision addresses the emission inventory 
requirements for the Cleveland, Ohio (OH) ozone nonattainment area and 
the Ohio portion of the Cincinnati, Ohio-Kentucky (Cincinnati) ozone 
nonattainment area, as designated under the 2015 ozone National Ambient 
Air Quality Standard (NAAQS or standard). EPA is also confirming that 
Ohio's stationary annual emissions statement regulation, which has been 
previously approved by EPA under a prior ozone standard, satisfies the 
CAA emissions statement rule requirement for the Cleveland and 
Cincinnati nonattainment areas under the 2015 ozone NAAQS.

DATES: This final rule is effective on April 2, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0388. 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 and facility 
closures due to COVID-19. We recommend that you telephone Charles 
Hatten, Environmental Engineer, at (312) 886-6031 before visiting the 
Region 5 office.

[[Page 12271]]


FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

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

I. What is being addressed in this document?

    This rule approves Ohio's July 24, 2020 submission to address the 
ozone-related emissions inventory requirements and emissions statement 
requirements for the Cleveland and Cincinnati ozone nonattainment areas 
for the 2015 ozone NAAQS. An explanation of the CAA requirements, a 
detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in EPA's notice of proposed rulemaking (NPRM), 
dated November 5, 2020 (85 FR 70554), and will not be restated here.

II. What comments did we receive on the proposed rule?

    In the NPRM, EPA provided a 30-day review and comment period for 
the proposed rule. The comment period ended on December 7, 2020. We 
received no comments on the proposed rule.

III. What action is EPA taking?

    EPA is approving Ohio's July 24, 2020 SIP revision as addressing 
the ozone-related emission inventory requirements for the Cleveland and 
Cincinnati ozone nonattainment areas for the 2015 ozone NAAQS. We are 
approving the emission inventories for these areas because they contain 
comprehensive, accurate, and current inventories of actual emissions of 
oxides of nitrogen (NOX) and volatile organic compounds 
(VOC) for all relevant sources in accordance with CAA sections 
172(c)(3) and 182(a). We are also approving Ohio's certification that 
the state has an acceptable and enforceable stationary annual emission 
statement rule in its SIP for NOX and VOC stationary sources 
in the Cleveland and Cincinnati ozone nonattainment areas for the 2015 
ozone NAAQS, in accordance with the CAA section 182(a)(3)(B).

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);
     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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 3, 2021. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: February 24, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 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 under the 
sub-heading Summary of Criteria Pollutant Attainment Plans by adding 
two entries for ``Ozone (8-Hour, 2015)'' before the entry 
``PM2.5 (2012)'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

[[Page 12272]]



                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                  Applicable  geographical
              Title                or  non-attainment area   State date      EPA approval          Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                 Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------
Ozone (8-Hour, 2015)............  Cincinnati..............    7/24/2020  3/3/2021, [INSERT    EPA is approving
                                                                          Federal Register     only the 2014
                                                                          CITATION].           base year
                                                                                               emissions
                                                                                               inventory and
                                                                                               emissions
                                                                                               statement
                                                                                               elements.
Ozone (8-Hour, 2015)............  Cleveland...............    7/24/2020  3/3/2021, [INSERT    EPA is approving
                                                                          Federal Register     only the 2014
                                                                          CITATION].           base year
                                                                                               emissions
                                                                                               inventory and
                                                                                               emissions
                                                                                               statement
                                                                                               elements.
 
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[FR Doc. 2021-04246 Filed 3-2-21; 8:45 am]
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