[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60075-60077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0888; EPA-R05-OAR-2012-0991; FRL 9917-32-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Infrastructure SIP Requirements for the 2008 Lead and 2010 NO2 
NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve elements of state implementation plan (SIP) 
submissions from Ohio regarding the infrastructure requirements of 
section 110 of the Clean Air Act (CAA) for the 2008 lead (Pb) and 2010 
nitrogen dioxide (NO2) National Ambient Air Quality 
Standards (NAAQS). The infrastructure requirements are designed to 
ensure that the structural components of each state's air quality 
management program are adequate to meet the state's responsibilities 
under the CAA. The proposed rulemaking associated with this final 
action was published on July 25, 2014, and EPA received no comments 
pertaining to infrastructure for the 2008 Pb or 2010 NO2 
NAAQS during the comment period, which ended on August 25, 2014. The 
2008 ozone and 2010 SO2 infrastructure SIPs were also 
addressed in the proposed rulemaking but will be addressed in a 
separate final rulemaking.

DATES: This final rule is effective on November 5, 2014.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2011-0888 (2008 Pb infrastructure SIP elements) and 
Docket ID No. EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure 
SIP elements). All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly-available only in hard copy. Publicly-available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the U.S. 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. We recommend that

[[Page 60076]]

you telephone Sarah Arra at (312) 886-9401 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, 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) 886-9401, arra.sarah@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What is the background of these SIP submissions?
    A. What State SIP submissions does this rulemaking address?
    B. Why did the State make these SIP submissions?
    C. What is the scope of this rulemaking?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background of these SIP submissions?

A. What State SIP submissions does this rulemaking address?

    This rulemaking addresses submissions from the Ohio Environmental 
Protection Agency. The state submitted the infrastructure SIP for the 
2008 Pb NAAQS on October 12, 2011, supplemented on June 7, 2013; and 
submitted the infrastructure SIP for the 2010 NO2 NAAQS on 
February 8, 2013, supplemented on February 25, 2013 and June 7, 2013.

B. Why did the State make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2008 Pb and 2010 NO2 NAAQS. These submissions must 
contain any revisions needed for meeting the applicable SIP 
requirements of section 110(a)(2), or certifications that their 
existing SIPs for the NAAQS already meet those requirements.
    EPA has highlighted this statutory requirement in multiple 
guidances, the most recent guidance document entitled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean Air 
Act Sections 110(a)(1) and (2)'' on September 13, 2013.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission from Ohio that address the 
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for 
the 2008 Pb and 2010 NO2 NAAQS. The requirement for states 
to make a SIP submission of this type arises out of CAA section 
110(a)(1). Pursuant to section 110(a)(1), states must make SIP 
submissions ``within 3 years (or such shorter period as the 
Administrator may prescribe) after the promulgation of a national 
primary ambient air quality standard (or any revision thereof),'' and 
these SIP submissions are to provide for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions, and the 
requirement to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``[e]ach 
such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to 
address the nonattainment planning requirements of part D of title I of 
the CAA, ``regional haze SIP'' submissions required by EPA rule to 
address the visibility protection requirements of CAA section 169A, and 
nonattainment new source review (NNSR) permit program submissions to 
address the permit requirements of CAA, title I, part D.
    A detailed rationale, history, and interpretation related to 
infrastructure SIP requirements can be found in our May 13, 2014, 
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' 
(see 79 FR 27241 at 27242-27245).
    This rulemaking will not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and EPA's policies addressing such excess emissions (``SSM''); 
(ii) existing provisions related to ``director's variance'' or 
``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(collectively referred to as ``director's discretion''); and, (iii) 
existing provisions for PSD programs that may be inconsistent with 
current requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 
80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) 
(``NSR Reform''). Instead, EPA has the authority to address each one of 
these substantive areas in separate rulemaking.
    In addition, EPA is not acting on portions of section 
110(a)(2)(J)--visibility protection for 2010 NO2 and 
portions of Ohio's submission addressing the prevention of significant 
deterioration, sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and the 
prevention of significant deterioration (PSD) portion of (J) for 2008 
Pb and 2010 NO2. EPA is also not acting on section 
110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under Part D, 
in its entirety. The rationale for not acting on elements of these 
requirements was included in EPA's July 25, 2014 proposed rulemaking.

II. What action is EPA taking?

    The proposed rulemaking associated with this final action was 
published on July 25, 2014 (79 FR 43338), and EPA received no comments 
pertaining to infrastructure for 2008 Pb or 2010 NO2 NAAQS 
during the comment period, which ended on August 25, 2014. The 2008 
ozone and 2010 SO2 infrastructure SIPs were also addressed 
in the proposed rulemaking but will be addressed in a separate final 
rulemaking.
    For the reasons discussed in our proposed rulemaking and since no 
public comments were received, EPA is taking final action to approve, 
as proposed, Ohio's infrastructure SIPs for the 2008 Pb and 2010 
NO2 NAAQS. Our final actions by element of section 110(a)(2) 
and NAAQS, are contained in the table below.

------------------------------------------------------------------------
                Element                     2008 Pb          2010 NO2
------------------------------------------------------------------------
(A): Emission limits and other control  A                A
 measures.
(B): Ambient air quality monitoring     A                A
 and data system.
(C)1: Enforcement of SIP measures.....  A                A
(C)2: PSD program for Pb..............  NA               NA
(C)3: NOX as a precursor to ozone for   NA               NA
 PSD.
(C)4: PM2.5 Precursors/PM2.5 and PM10   NA               NA
 condensables for PSD.
(C)5: PM2.5 Increments................  NA               NA
(C)5: GHG permitting thresholds in PSD  NA               NA
 regulations.
(D)1: Contribute to nonattainment/      A                A
 interfere with maintenance of NAAQS.

[[Page 60077]]

 
(D)2: PSD.............................  NA               NA
(D)3: Visibility Protection...........  A                NA
(D)4: Interstate Pollution Abatement..  A                A
(D)5: International Pollution           A                A
 Abatement.
(E): Adequate resources...............  A                A
(E): State boards.....................  A                A
(F): Stationary source monitoring       A                A
 system.
(G): Emergency power..................  A                A
(H): Future SIP revisions.............  A                A
(I): Nonattainment area plan or plan    NA               NA
 revisions under part D.
(J)1: Consultation with government      A                A
 officials.
(J)2: Public notification.............  A                A
(J)3: PSD.............................  NA               NA
(J)4: Visibility protection...........  +                +
(K): Air quality modeling and data....  A                A
(L): Permitting fees..................  A                A
(M): Consultation and participation by  A                A
 affected local entities.
------------------------------------------------------------------------

In the above table, the key is as follows:

A Approve
NA No Action/Separate Rulemaking
+ Not germane to infrastructure SIPs

III. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    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 December 5, 2014. 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, Lead, Nitrogen dioxide, 
Reporting and recordkeeping requirements.

    Dated: September 22, 2014.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended 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. Section 52.1891 is amended by adding paragraphs (e) and (f) to read 
as follows:


Sec.  52.1891  Section 110(a)(2) infrastructure requirements.

* * * * *
    (e) Approval--In a October 12, 2011, submittal, supplemented on 
June 7, 2013, Ohio certified that the State has satisfied the 
infrastructure SIP requirements of section 110(a)(2)(A) through (H), 
and (J) through (M) for the 2008 Lead NAAQS. We are not finalizing 
action on submissions addressing the prevention of significant 
deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and the prevention of significant deterioration (PSD) portion 
of (J).
    (f) Approval--In a February 8, 2013 submittal, supplemented on 
February 25, 2013, and June 7, 2013, Ohio certified that the State has 
satisfied the infrastructure SIP requirements of section 110(a)(2)(A) 
through (H), and (J) through (M) for the 2010 NO2 NAAQS. We 
are not finalizing action on the visibility protection requirements of 
(D)(i)(II) or the prevention of significant deterioration requirements 
in sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and the prevention of 
significant deterioration (PSD) portion of (J).

[FR Doc. 2014-23798 Filed 10-3-14; 8:45 am]
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