[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Rules and Regulations]
[Pages 21648-21649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08375]



[[Page 21648]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0126; FRL-10022-85-Region 5]


Air Plan Approval; Ohio; NSR Program Administrative Rules

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), 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) replace the currently effective 
procedural rules in the NSR SIP in their entirety. As part of this 
action, EPA is also approving the removal of obsolete language related 
to Significant Deterioration of Air Quality. EPA proposed to approve 
this action on February 26, 2021 and received no adverse comments.

DATES: This final rule is effective on May 24, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0126. 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 Mari 
Gonz[aacute]lez, Environmental Engineer, at (312) 886-6175 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Mari Gonz[aacute]lez, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6175, [email protected].

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

I. Background Information

    On February 26, 2021, EPA proposed to approve revisions to replace 
existing SIP-approved procedural rules contained in OAC Chapter 3745-47 
with administrative rules from OAC 3745-49-01, 3745-49-02, 3745-49-05, 
3745-49-06, 3745-49-07, and 3745-49-08. EPA also proposed to approve 
the removal of 40 CFR 52.1884 from the CFR (86 FR 11691). An 
explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking (NPRM) and will not be restated here. 
The public comment period for this proposed rule ended on March 29, 
2021. EPA received no comments on the proposal.

II. Final Action

    EPA is approving 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.
    EPA is also approving the removal of 40 CFR 52.1884 from the CFR. 
The language contained in 40 CFR 52.1884 became obsolete when EPA 
delegated authority to Ohio EPA to implement the Federal Prevention of 
Significant Deterioration (PSD) program.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Ohio 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. 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). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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    Also in this document, as described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions of the EPA-Approved 
Ohio Regulations and Statutes from the Ohio SIP, which is incorporated 
by reference in accordance with the requirements of 1 CFR part 51.

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

[[Page 21649]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 22, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
    For the reasons stated in the preamble, EPA amends 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 (c) is amended:
0
a. By removing the heading ``Chapter 3745-47 Procedural Rules'' and 
entries 3745-47-01, 3745-47-02, 3745-47-03, 3745-47-05, 3745-47-07, and 
3745-47-08; and
0
b. By adding a heading immediately after the entry for 3745-45-05 
titled ``Chapter 3745-49 Miscellaneous Rules'' followed by entries for 
3745-49-01, 3745-49-02, 3745-49-05, 3745-49-06, 3745-49-07, and 3745-
49-08.
    The revisions read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
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                                                   Ohio effective
      Ohio citation             Title/subject           date          EPA approval date            Notes
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                                                  * * * * * * *
                                       Chapter 3745-49 Miscellaneous Rules
----------------------------------------------------------------------------------------------------------------
3745-49-01...............  Administrative                4/2/2012  4/23/2021, [INSERT
                            Procedures--applicabi                   Federal Register
                            lity and construction                   CITATION].
                            of rules.
3745-49-02...............  Administrative                4/2/2012  4/23/2021, [INSERT
                            procedures--definitio                   Federal Register
                            ns.                                     CITATION].
3745-49-05...............  Draft actions and             4/2/2012  4/23/2021, [INSERT
                            proposed actions.                       Federal Register
                                                                    CITATION].
3745-49-06...............  Issuance of final             4/2/2012  4/23/2021, [INSERT
                            actions.                                Federal Register
                                                                    CITATION].
3745-49-07...............  Public notice.........       7/27/2019  4/23/2021, [INSERT
                                                                    Federal Register
                                                                    CITATION].
3745-49-08...............  Contents of public            4/2/2012  4/23/2021, [INSERT
                            notices.                                Federal Register
                                                                    CITATION].
 
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Sec.  52.1884  [Removed and Reserved]

0
3. Section 52.1884 is removed and reserved.

[FR Doc. 2021-08375 Filed 4-22-21; 8:45 am]
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