[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.
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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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