[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Proposed Rules]
[Pages 67885-67886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25975]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0699; FRL-9271-01-R5]


Air Plan Approval; Ohio; Partial Approval and Partial Disapproval 
of the Muskingum River SO2 Nonattainment Area Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove a revision to the Ohio State 
Implementation Plan (SIP) intended to provide for attaining the 2010 
primary, health-based 1-hour sulfur dioxide (SO2) national 
ambient air quality standard (NAAQS or ``standard'') for the Muskingum 
River SO2 nonattainment area. This SIP revision (hereinafter 
referred to as Ohio's Muskingum River SO2 attainment plan or 
plan) includes Ohio's attainment demonstration and other attainment 
planning elements required under the Clean Air Act (CAA). EPA is 
proposing to approve the base year emissions inventory and affirm that 
the nonattainment new source review requirements for the area have been 
met. EPA is proposing to disapprove the attainment plan, since the plan 
relies on, among other things, acquisition of a parcel of land by a 
facility, Globe Metallurgical (Globe), located within the nonattainment 
area. Globe has recently indicated to EPA and Ohio EPA that it will not 
be purchasing that parcel of land. Additionally, EPA is proposing to 
disapprove the plan for failing to meet the requirements for meeting 
reasonable further progress (RFP) toward attainment of the NAAQS, 
reasonably available control measures/reasonably available control 
technology (RACM/RACT), emission limitations and control measures as 
necessary to attain the NAAQS, and contingency measures. Based on the 
change in circumstances since the original proposed action, EPA is now 
proposing a changed course of action.

DATES: Comments must be received on or before December 30, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0699 at https://www.regulations.gov, or via email to 
[email protected]. For 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gina Harrison, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6956, 
[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:

I. What actions did EPA propose in this SIP submission?

    On September 29, 2020,\1\ EPA proposed to approve Ohio's 
SO2 plan for the Muskingum River area submitted on April 3, 
2015 and October 13, 2015, and supplemented on June 23, 2020. EPA also 
proposed to approve and incorporate by reference Ohio EPA's Director's 
Final Findings and Orders issued to Globe on June 23, 2020 (DFFOs), 
including emission limits and associated compliance monitoring, 
recordkeeping, and reporting requirements. In addition, EPA proposed to 
approve the base year emissions inventory and to affirm that the new 
source review requirements for the area had previously been met.
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    \1\ 85 FR 60933 (September 29, 2020).
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    EPA's notice of proposed rulemaking provided an explanation of the 
provisions in the CAA and the measures and limitations identified in 
Ohio's attainment plan to satisfy these provisions. Ohio's plan was 
based on, among other things, the proposed acquisition by Globe of a 
tract of property to the north of the Globe facility that would have 
resulted in increased distance between the emissions source and the 
fenceline. EPA found that with the inclusion of this property within 
Globe's fenceline, Ohio's modeling results, based on modeling without 
receptors on fenced plant property and including the property proposed 
for purchase, were adequate to demonstrate that no ambient violations 
of the 1-hour SO2 NAAQS would occur.
    On June 1, 2021, EPA learned from Ohio EPA that Globe had decided 
not to purchase the land as anticipated by the attainment plan. As the 
attainment demonstration relied on the inclusion of this property 
within Globe's fenceline, failure to obtain the land renders the 
attainment demonstration invalid. Without a valid attainment 
demonstration, the proposed plan does

[[Page 67886]]

not meet the requirements for meeting RFP toward attainment of the 
NAAQS, RACM/RACT, emission limitations and control measures as 
necessary to attain the NAAQS, and contingency measures. EPA indicated 
to Ohio EPA and to Globe that final action to disapprove the attainment 
demonstration would start sanctions and Federal implementation plan 
(FIP) clocks for this area under CAA sections 179(a)-(b) and 110(c), 
respectively. EPA notes that approval of a revised attainment 
demonstration would remove the sanctions and FIP clocks, and such 
measures would be terminated by an EPA rulemaking approving a revised 
attainment demonstration.

II. What is EPA's response to comments received on the previous 
proposed rulemaking?

    The proposed action described above provided a public comment 
period that closed on October 29, 2020. EPA received no relevant 
comments on the proposed action.

III. What action is EPA taking?

    Based on the rationale set forth in the September 29, 2020 proposed 
rulemaking, EPA is proposing to approve the base year emissions 
inventory and affirming that the new source review requirements for the 
area have been met.
    Because the area no longer has valid modeling showing attainment, 
EPA is proposing to disapprove Ohio's attainment demonstration for the 
Muskingum River SO2 nonattainment area, including the DFFOs, 
as well as the requirements for meeting RFP toward attainment of the 
NAAQS, RACM/RACT, emission limitations and control measures as 
necessary to attain the NAAQS, and contingency measures. This 
disapproval will start sanctions clocks for this area under CAA section 
179(a)-(b), including a requirement for 2-for-1 offsets for any major 
new sources or major modifications 18 months after the effective date 
of this action, and highway funding sanctions 6 months thereafter, as 
well as initiate an obligation for EPA to promulgate a FIP within 24 
months, under CAA section 110(c), unless in the meantime EPA has 
approved a plan that satisfies the requirements that EPA is finding 
unsatisfied.

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. This action 
disapproves 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: November 17, 2021.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2021-25975 Filed 11-29-21; 8:45 am]
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