[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2555-2557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00784]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0699; FRL-9271-02-R5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving a revision to the Ohio State 
Implementation Plan (SIP) intended to provide for attainment of 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 the Muskingum River SO2 plan or 
plan) includes Ohio's attainment demonstration and other attainment 
planning elements required under the Clean Air Act (CAA). By this 
action, EPA is approving the base year

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emissions inventory and affirming that the nonattainment new source 
review requirements for the area have been met. EPA is disapproving the 
attainment plan, since the plan relies on, among other things, 
acquisition of a parcel of land by a facility located within the 
nonattainment area, Globe Metallurgical (Globe), that has not occurred. 
Additionally, EPA is disapproving 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.

DATES: This final rule is effective on February 17, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0699. 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 Gina 
Harrison, Environmental Scientist, at (312) 353-6596 before visiting 
the Region 5 office.

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].

SUPPLEMENTARY INFORMATION:

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

    On November 30, 2021,\1\ EPA proposed to partially approve and 
partially disapprove Ohio's SO2 plan for the Muskingum River 
area submitted on April 3, 2015, and October 13, 2015, and supplemented 
on June 23, 2020, and June 1, 2021. Prior to the November 30, 2021, 
proposed rule, on September 29, 2020,\2\ EPA proposed to approve Ohio's 
SO2 plan for the Muskingum River area. EPA also proposed to 
approve and incorporate by reference Ohio EPA's DFFOs issued to Globe 
on June 23, 2020, 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\ 86 FR 67885 (November 30, 2021).
    \2\ 85 FR 60933 (September 29, 2020).
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    EPA's notice of proposed rulemaking provided an explanation of the 
applicable 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, Globe purchasing a tract 
of property to the north of the facility that was modeled to be 
impacted by SO2 emissions from the facility. EPA found that 
the inclusion of this property within Globe's fenceline was necessary 
to demonstrate that no violations of the 1-hour SO2 NAAQS 
would occur outside of company property.
    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 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. Final action to disapprove the attainment 
demonstration will start sanctions and Federal implementation plan 
(FIP) clocks for this area under CAA sections 179(a)-(b) and 110(c), 
respectively. Sanctions and FIP clocks will be terminated by an EPA 
rulemaking approving a revised attainment demonstration.

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

    The proposed action described above provided a public comment 
period that closed on December 30, 2021. EPA received no comments on 
the proposed action.

III. What action is EPA taking?

    EPA is approving the base year emissions inventory and affirming 
that the new source review requirements for the area have been met. EPA 
is disapproving Ohio's attainment demonstration for the Muskingum River 
SO2 nonattainment area, 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 starts 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. Ohio has committed to submit a supplemental submittal 
addressing EPA's concerns. Evaluation of such submittal would take 
place in a subsequent action.

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 partially approves and partially 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);

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     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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 21, 2022. 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, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: January 11, 2022.
Debra Shore,
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 (e) is amended under the 
heading ``Summary of Criteria Pollutant Attainment Plans'' by adding an 
entry for ``SO2 (2010)'' after the entry for 
``SO2 (2010)'' (with a State date of 2/16/2017) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                 geographical or
             Title                non-attainment     State date         EPA approval              Comments
                                       area
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                                                  * * * * * * *
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                                 Summary of Criteria Pollutant Attainment Plans
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                                                  * * * * * * *
SO2 (2010)....................  Muskingum River..       6/23/2020  1/18/2022, [INSERT      EPA is approving only
                                                                    FEDERAL REGISTER        the emissions
                                                                    CITATION].              inventory and
                                                                                            nonattainment NSR
                                                                                            elements.
 
                                                  * * * * * * *
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0
3. Section 52.1873 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.1873  Approval status.

* * * * *
    (b) The Administrator disapproves Ohio's attainment demonstration, 
submitted on April 3, 2015, and October 13, 2015, and supplemented on 
June 23, 2020, and June 1, 2021, for the Muskingum River SO2 
nonattainment area.

[FR Doc. 2022-00784 Filed 1-14-22; 8:45 am]
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