[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19174-19176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07540]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0602; FRL-10022-54-Region 5]


Air Plan Approval; Ohio; Ohio Permit Fee Rule Removal

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 revision to Ohio's State 
Implementation Plan (SIP), submitted by the Ohio Environmental 
Protection Agency (OEPA) on November 12, 2020 and supplemented on 
February 11, 2021. OEPA is requesting to remove the Ohio Administrative 
Code (OAC) Permit Fees rule provisions from the Ohio SIP because they 
no longer exist and have been superseded by the fee system in Ohio's 
Title V permitting program and the Ohio Revised Code (ORC). OEPA 
rescinded the permit fee rules at the state level in 2003.

DATES: Comments must be received on or before May 13, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0602 at http://www.regulations.gov, or via email to 
[email protected]. For

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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: Richard Angelbeck, Environmental 
Scientist, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-9698, [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. Background for Our Proposed Action

    Ohio adopted OAC Chapter 3745-45 Permit Fee rules at the state 
level on November 24, 1973, and EPA approved the rules into Ohio's SIP 
on November 24, 1981 (46 FR 57490). Having OAC Chapter 3745-45 adopted 
into the SIP fulfilled the CAA section 110(a)(2)(K) requirement for 
Ohio to have a fee structure in place and to collect fees. The air 
permit fee requirements were then moved from CAA section 110(a)(2)(K) 
to CAA section 110(a)(2)(L) as a result of the 1990 CAA amendments. EPA 
approved (60 FR 42045) Ohio's Title V operating permits program on 
August 15, 1995. Ohio's Title V program relies on the air permit fee 
structure outlined by statute in ORC 3745.11.
    Since Ohio no longer relied on OAC 3745-45 for its air permit fee 
system, Ohio rescinded OAC 3745-45 in stages at the state level with 
the final rule being rescinded in 2003. At that time, Ohio did not 
request recission of OAC 3745-45 from the SIP. On November 12, 2020, 
OEPA submitted a request to approve the removal of all of OAC Chapter 
3745-45 from the SIP. In support, OEPA indicated that it is relying 
instead on the permit fee system in Ohio's Title V program, as 
contained in ORC 3745.11.
    No emissions increases will result from the removal of OAC Chapter 
3745-45 from the Ohio SIP. Because the rescinded OAC Chapter 3745-45 
rules have been superseded by the Title V permit fee system as 
contained in ORC 3745.11, there are no CAA section 110(l) issues to 
address.

II. What action is EPA taking?

    EPA is proposing to approve the removal of Ohio's OAC Chapter 3745-
45 Permit Fee rule from the Ohio SIP. Removing OAC Chapter 3745-45 from 
the Ohio SIP is consistent with Federal regulations governing state 
permitting programs and would not interfere with reasonable further 
progress or attainment of any national ambient air quality standards.

III. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. EPA is proposing to remove the 
Chapter 3745-45 Permit Fees provisions of the EPA-Approved Ohio 
Regulations from the Ohio SIP, which is incorporated by reference in 
accordance with the requirements of 1 CFR part 51. EPA has made, and 
will continue to make the State Implementation Plan 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);
     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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


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    Dated: April 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-07540 Filed 4-12-21; 8:45 am]
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