[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Proposed Rules]
[Pages 13671-13679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02743]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0694; FRL-10017-06-Region 5]


Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 
2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of a state implementation plan (SIP) submission from 
Ohio regarding the infrastructure requirements of section 110 of the 
Clean Air Act (CAA) for the 2015 ozone 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.

DATES: Comments must be received on or before April 9, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0694 at http://www.regulations.gov, or via email to 
aburano.douglas@epa.gov. 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

[[Page 13672]]

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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7017, 
Rineheart.Rachel@epa.gov. 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: 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 this SIP submission?
II. What is EPA's analysis of this SIP submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This type of 
SIP submission is commonly referred to as an ``infrastructure SIP.'' 
These submissions must meet the various requirements of CAA section 
110(a)(2), as applicable. Due to ambiguity in some of the language of 
CAA section 110(a)(2), EPA believes that it is appropriate to interpret 
these provisions in the specific context of acting on infrastructure 
SIP submissions. EPA has previously provided comprehensive guidance on 
the application of these provisions through our September 13, 2013, 
Infrastructure SIP Guidance (EPA's 2013 Guidance) and through regional 
actions on infrastructure submissions.\1\ Unless otherwise noted below, 
we are following that existing approach in acting on this submission. 
In addition, in the context of acting on such infrastructure 
submissions, EPA evaluates the submitting state's SIP for facial 
compliance with statutory and regulatory requirements, not for the 
state's implementation of its SIP.\2\ EPA has other authority to 
address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \1\ EPA explains and elaborates on these ambiguities and its 
approach to address them in our September 13, 2013, Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf, as well as in numerous agency actions, including EPA's prior 
action on Ohio's infrastructure SIP to address the 2012 fine 
particulate matter (PM2.5) NAAQS (81 FR 64072, September 
19, 2016).
    \2\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug. 
30, 2018).
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II. What is EPA's analysis of this SIP submission?

    On September 28, 2018, Ohio provided a detailed synopsis of how 
various components of its SIP meet each of the applicable requirements 
in section 110(a)(2) for the 2015 ozone NAAQS, as applicable. The 
following review evaluates the state's submission.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, schedules for 
compliance, and other related matters. EPA has long interpreted 
emission limits and control measures for attaining the standards as 
being due when nonattainment planning requirements are due.\3\ In the 
context of an infrastructure SIP, EPA is not evaluating the existing 
SIP provisions for this purpose. Instead, EPA is only evaluating 
whether the state's SIP has basic structural provisions for the 
implementation of the NAAQS.
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    \3\ e.g., EPA's final rule on ``National Ambient Air Quality 
Standards for Lead.'' 73 FR 66964 at 67034.
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    Under Ohio Revised Code (ORC) 3704.03, the Ohio Environmental 
Protection Agency (OEPA) holds the authority to create new rules and 
implement existing emission limits and controls. Authority to monitor, 
update, and implement revisions to Ohio's SIP, including revisions to 
emission limits and control measures as necessary to meet NAAQS is 
contained in ORC 3704.03. Authority related to specific pollutants, 
including the establishment of ambient air quality standards and 
increments, identification of nonattainment areas, air resource 
allocations, and performance and emissions standards, is contained in 
ORC 3704.03.
    Authority for OEPA to create new rules and regulations is found in 
ORC 3704.3. ORC 3704.03(A) and (X) expressly confer rulemaking 
authority to the Director of environmental protection. ORC 3704.03(A) 
and (E) require that OEPA develop programs and promulgate rules for the 
prevention control, and abatement of air pollution. ORC 3704.03(D) 
requires that OEPA promulgate ambient air quality standards similar to 
the NAAQS.
    EPA's 2013 Guidance states that to satisfy section 110(a)(2)(A) 
requirements, ``an air agency's submission should identify existing 
EPA-approved SIP provisions or new SIP provisions that the air agency 
has adopted and submitted for EPA approval that limit emissions of 
pollutants relevant to the subject NAAQS, including precursors of the 
relevant NAAQS pollutant where applicable.'' OEPA identified existing 
controls and emission limits in the Ohio Administrative Code that can 
be applied to the 2015 ozone NAAQS. These regulations include controls 
and emission limits for volatile organic compounds (VOC) and nitrogen 
oxides (NOX), which are precursors to ozone. VOC as an ozone 
precursor is controlled by Ohio Administrative Code (OAC) 3745-14, and 
NOX as an ozone precursor is controlled by OAC 3745-21.
    In this rulemaking, EPA is not proposing to approve any new 
provisions in OAC 3745 that have not been previously approved by EPA. 
EPA is also not proposing to approve or disapprove any existing state 
provisions or rules regulated to start-up, shutdown or malfunction or 
director's discretion in the context of section 110(a)(2)(A). EPA has 
determined that Ohio's SIP provides the required basic structural 
provisions for the implementation of the NAAQS and proposes to find 
that Ohio has met the infrastructure SIP requirements of section 
110(a)(2)(A) with respect to the 2015 ozone NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to establish and 
operate ambient air quality monitors, collect and analyze ambient air 
quality data, and make these data available to EPA upon request. The 
review of the annual monitoring plan includes EPA's determination that 
the state: (i) Monitors air quality at appropriate locations throughout 
the state using EPA-approved Federal Reference Methods or Federal 
Equivalent Method monitors; (ii) submits data to EPA's Air Quality 
System (AQS) in a timely manner; and,

[[Page 13673]]

(iii) provides EPA Regional Offices with prior notification of any 
planned changes to monitoring sites or the network plan.
    In accordance with 40 CFR part 53 and 40 CFR part 58, OEPA 
continues to operate an air monitoring network, which is used to 
determine compliance with the NAAQS. OEPA enters air monitoring data 
into AQS, and the state provides EPA with prior notification when 
changes to its monitoring network or plan are being considered. 
Further, OEPA submits annual monitoring network plans to EPA. EPA 
approved the state's 2020-2021 Annual Air Monitoring Network Plan on 
September 23, 2020, including the plan for the State's ozone monitoring 
network. EPA proposes that Ohio has met the infrastructure SIP 
requirements of section 110(a)(2)(B) with respect to the 2015 ozone 
NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 
Minor NSR; PSD

    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet new source review (NSR) 
requirements under prevention of significant deterioration (PSD) and 
nonattainment NSR (NNSR) programs. Part C of the CAA (sections 160-
169B) addresses PSD, while part D of the CAA (sections 171-193) 
addresses NNSR requirements. EPA's 2013 Guidance states that the NNSR 
requirements of section 110(a)(2)(C) are generally outside the scope of 
infrastructure SIPs; however, a state must provide for regulation of 
minor sources and minor modifications (minor NSR).
1. Program for Enforcement of Control Measures
    A state's infrastructure SIP submission should identify the 
statutes, regulations, or other provisions in the SIP that provide for 
enforcement of emission limits and control measures. OEPA maintains an 
enforcement program to ensure compliance with SIP requirements. OEPA 
compiles all air pollution control enforcement settlements in the state 
and makes them available for public review on its website. ORC 
3704.03(R) provides the Director of OEPA with the authority to 
implement the enforcement program as well as the authority to implement 
the NSR provisions within OAC 3745-31. EPA proposes that Ohio has met 
the enforcement of SIP measures requirements of section 110(a)(2)(C) 
with respect to the 2015 ozone NAAQS.
2. Minor NSR
    An infrastructure SIP submission should identify the existing EPA-
approved SIP provisions that govern the minor source pre-construction 
program that regulates emissions of the relevant NAAQS pollutant. EPA 
approved Ohio's minor NSR program on February 21, 2002 (see 67 FR 
7954); since that date, OEPA and EPA have relied on the existing minor 
NSR program to ensure that new and modified sources not captured by the 
major NSR permitting programs do not interfere with attainment and 
maintenance of the NAAQS. As stated in EPA's 2013 Guidance, the CAA 
allows EPA to approve infrastructure SIP submissions that do not 
implement the 2002 NSR Reform Rules. Therefore, EPA is not proposing 
action on existing NSR Reform regulations for Ohio. EPA proposes that 
Ohio has met the minor NSR requirements of section 110(a)(2)(C) with 
respect to the 2015 ozone NAAQS.
3. PSD
    The evaluation of each state's submission addressing the PSD 
requirements of section 110(a)(2)(C) covers: A. PSD provisions that 
explicitly identify NOX as a precursor to ozone in the PSD 
program; b. identification of precursors to PM2.5 \4\ and 
the identification PM2.5 and PM10 \5\ 
condensables in the PSD program; c. PM2.5 increments in the 
PSD program; and d. greenhouse gas (GHG) permitting and the ``Tailoring 
Rule'' in the PSD program.\6\ Some PSD requirements under section 
110(a)(2)(C) overlap with elements of section 110(a)(2)(D)(i), section 
110(a)(2)(E), and section 110(a)(2)(J). These links will be discussed 
in the appropriate areas below.
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    \4\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
    \5\ PM10 refers to particles with an aerodynamic 
diameter of less than or equal to 10 micrometers.
    \6\ In EPA's April 28, 2011, proposed rulemaking for 
infrastructure SIPs for the 1997 ozone and PM2.5 NAAQS, 
we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (see 76 FR 23757 at 23760). This view was reiterated in 
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs 
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
PM2.5 increments, or the Federal GHG permitting 
thresholds, the provisions of section 110(a)(2)(C) requiring a 
suitable PSD permitting program must be considered not to be met 
irrespective of the NAAQS that triggered the requirement to submit 
an infrastructure SIP, including the 2015 ozone NAAQS.
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    a. PSD Provisions that explicitly identify NOX as a 
precursor to ozone in the PSD program.
    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects 
of the 1990 Amendments Relating to New Source Review and Prevention of 
Significant Deterioration as They Apply in Carbon Monoxide, Particulate 
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 
2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among 
other requirements, the Phase 2 Rule obligated states to revise their 
PSD programs to explicitly identify NOX as a precursor to 
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was 
codified in 40 CFR 51.166.\7\
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    \7\ Similar changes were codified in 40 CFR 52.21.
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    The Phase 2 Rule required that states submit SIP revisions 
incorporating the requirements of the rule, including these specific 
NOX as a precursor to ozone provisions, by June 15, 2007 (70 
FR 71612 at 71683, November 29, 2005).
    EPA approved revisions to Ohio's PSD SIP reflecting these 
requirements on October 28, 2014 (79 FR 64119), and therefore proposes 
to find that Ohio has met this set of infrastructure SIP requirements 
of section 110(a)(2)(C) with respect to the 2015 ozone NAAQS.
    b. Identification of precursors to PM2.5 and the 
identification of PM2.5 and PM10 condensables in 
the PSD program.
    On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule). 
The 2008 NSR Rule finalized several new requirements for SIPs to 
address sources that emit direct PM2.5 and other pollutants 
that contribute to secondary PM2.5 formation. One of these 
requirements is for NSR permits to address pollutants responsible for 
the secondary formation of PM2.5, otherwise known as 
precursors. In the 2008 rule, EPA identified precursors to 
PM2.5 for the PSD program to be sulfur dioxide 
(SO2) and NOX (unless the state demonstrates to 
the Administrator's satisfaction or EPA demonstrates that 
NOX emissions in an area are not a significant contributor 
to that area's ambient PM2.5 concentrations). The 2008 NSR 
Rule also specifies that VOCs are not considered to be precursors to 
PM2.5 in the PSD program unless the state demonstrates to 
the Administrator's satisfaction or EPA demonstrates that emissions of 
VOCs in an area are significant contributors to

[[Page 13674]]

that area's ambient PM2.5 concentrations.
    The explicit references to SO2, NOX, and VOCs 
as they pertain to secondary PM2.5 formation are codified at 
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of 
identifying pollutants that are precursors to PM2.5, the 
2008 NSR Rule also required states to revise the definition of 
``significant'' as it relates to a net emissions increase or the 
potential of a source to emit pollutants. Specifically, 40 CFR 
51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for 
PM2.5 to mean the following emissions rates: 10 tons per 
year (tpy) of direct PM2.5; 40 tpy of SO2; and 40 
tpy of NOX (unless the state demonstrates to the 
Administrator's satisfaction or EPA demonstrates that NOX 
emissions in an area are not a significant contributor to that area's 
ambient PM2.5 concentrations). The deadline for states to 
submit SIP revisions to their PSD programs incorporating these changes 
was May 16, 2011 (73 FR 28321 at 28341, May 16, 2008).\8\
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    \8\ EPA notes that on January 4, 2013, the U.S. Court of Appeals 
for the D.C. Circuit, in Natural Resources Defense Council v. EPA, 
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008 
NSR Rule in accordance with the CAA's requirements for 
PM10 nonattainment areas (Title I, part D, subpart 4), 
and not the general requirements for nonattainment areas under 
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250). 
As the subpart 4 provisions apply only to nonattainment areas, EPA 
does not consider the portions of the 2008 rule that address 
requirements for PM2.5 attainment and unclassifiable 
areas to be affected by the court's opinion. Moreover, EPA does not 
anticipate the need to revise any PSD requirements promulgated by 
the 2008 NSR rule in order to comply with the court's decision. 
Accordingly, EPA's approval of Ohio's infrastructure SIP as to 
elements (C), (D)(i)(II), or (J) with respect to the PSD 
requirements promulgated by the 2008 implementation rule does not 
conflict with the court's opinion.
    The Court's decision with respect to the nonattainment NSR 
requirements promulgated by the 2008 implementation rule also does 
not affect EPA's action on the present infrastructure action. EPA 
interprets the CAA to exclude nonattainment area requirements, 
including requirements associated with a nonattainment NSR program, 
from infrastructure SIP submissions due three years after adoption 
or revision of a NAAQS. Instead, these elements are typically 
referred to as nonattainment SIP or attainment plan elements, which 
would be due by the dates statutorily prescribed under subpart 2 
through 5 under part D, extending as far as 10 years following 
designations for some elements.
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    The 2008 NSR Rule did not require states to immediately account for 
gases that could condense to form particulate matter, known as 
condensables, in PM2.5 and PM10 emission limits 
in NSR permits. Instead, EPA determined that states had to account for 
PM2.5 and PM10 condensables for applicability 
determinations and in establishing emissions limitations for 
PM2.5 and PM10 in PSD permits beginning on or 
after January 1, 2011. This requirement is codified in 40 CFR 
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' 
PSD programs incorporating the inclusion of condensables were required 
be submitted to EPA by May 16, 2011 (73 FR 28321 at 28341, May 16, 
2008).
    EPA approved revisions to Ohio's PSD SIP reflecting these 
requirements on October 28, 2014 (79 FR 64119), and therefore EPA 
proposes to find that Ohio has met this set of infrastructure SIP 
requirements of section 110(a)(2)(C) with respect to the 2015 ozone 
NAAQS.
    c. PM2.5 increments in the PSD program.
    On October 20, 2010, EPA issued the final rule on the ``Prevention 
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR 
Rule). This rule established several components for making PSD 
permitting determinations for PM2.5, including a system of 
``increments'' which is the mechanism used to estimate significant 
deterioration of ambient air quality for a pollutant. These increments 
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included 
in the table below.

Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                                     Annual
                                                   arithmetic   24-hour
                                                      mean        max
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Class I.........................................            1          2
Class II........................................            4          9
Class III.......................................            8         18
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    The 2010 NSR Rule also established a new ``major source baseline 
date'' for PM2.5 as October 20, 2010, and a new trigger date 
for PM2.5 as October 20, 2011. These revisions are codified 
in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR 
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule 
revised the definition of ``baseline area'' to include a level of 
significance of 0.3 micrograms per cubic meter, annual average, for 
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i) 
and 40 CFR 52.21(b)(15)(i).
    EPA approved revisions to Ohio's PSD SIP reflecting these 
requirements on October 28, 2014 (79 FR 64119), and therefore EPA 
proposes to find that Ohio has met this set of infrastructure SIP 
requirements of section 110(a)(2)(C) with respect to the 2015 ozone 
NAAQS.
    d. GHG permitting and the ``Tailoring Rule'' in the PSD program.
    With respect to the requirements of section 110(a)(2)(C) as well as 
section 110(a)(2)(J), EPA interprets the CAA to require each state to 
make an infrastructure SIP submission for a new or revised NAAQS that 
demonstrates that the state has a complete PSD permitting program 
meeting the current requirements for all regulated NSR pollutants. The 
requirements of element D(i)(II) may also be satisfied by demonstrating 
the air agency has a complete PSD permitting program correctly 
addressing all regulated NSR pollutants. Ohio currently has a SIP-
approved PSD program in place that covers all regulated NSR pollutants. 
Ohio has shown that it currently has a PSD program in place that covers 
all regulated NSR pollutants, including GHGs.
    On June 23, 2014, the United States Supreme Court issued a decision 
addressing the application of PSD permitting requirements to GHG 
emissions. Utility Air Regulatory Group v. Environmental Protection 
Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat 
GHGs as an air pollutant for purposes of determining whether a source 
is a major source required to obtain a PSD permit. The Court also said 
that EPA could continue to require that PSD permits, otherwise required 
based on emissions of pollutants other than GHGs, contain limitations 
on GHG emissions based on the application of Best Available Control 
Technology (BACT).
    In accordance with the Supreme Court decision, on April 10, 2015, 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
D.C. Circuit) issued an amended judgment vacating the regulations that 
implemented Step 2 of EPA's PSD and Title V Greenhouse Gas Tailoring 
Rule, but not the regulations that implement Step 1 of that rule. Step 
1 of the Tailoring Rule covers sources that are required to obtain a 
PSD permit based on emissions of pollutants other than GHGs. Step 2 
applied to sources that emitted only GHGs above the thresholds 
triggering the requirement to obtain a PSD permit. The amended judgment 
preserves, without the need for additional rulemaking by EPA, the 
application of the BACT requirement to GHG emissions from Step 1 or 
``anyway'' sources. With respect to Step 2 sources, the D.C. Circuit's 
amended judgment vacated the regulations at issue in the litigation, 
including 40 CFR 51.166(b)(48)(v), ``to the extent they

[[Page 13675]]

require a stationary source to obtain a PSD permit if greenhouse gases 
are the only pollutant (i) that the source emits or has the potential 
to emit above the applicable major source thresholds, or (ii) for which 
there is a significant emission increase from a modification.''
    EPA is planning to take additional steps to revise Federal PSD 
rules in light of the Supreme Court opinion and subsequent D.C. Circuit 
judgment. Some states have begun to revise their existing SIP-approved 
PSD programs in light of these court decisions, and some states may 
prefer not to initiate this process until they have more information 
about the planned revisions to EPA's PSD regulations. EPA is not 
expecting states to have revised their PSD programs in anticipation of 
EPA's planned actions to revise its PSD program rules in response to 
the court decisions. For purposes of infrastructure SIP submissions, 
EPA is only evaluating such submissions to assure that the state's 
program addresses GHGs consistent with both court decisions.
    On February 14, 2020, EPA updated the Ohio SIP to include revised 
PSD rules reflecting the Supreme Court decision and D.C. Circuit 
judgement, and preserving PSD permitting requirements for GHGs for 
``anyway'' sources (see 85 FR 8406). EPA proposes to find that the Ohio 
SIP is sufficient to satisfy Elements (C), (D)(i)(II), and (J) with 
respect to GHGs. This is because the PSD permitting program previously 
approved by EPA into the SIP continues to require that PSD permits 
issued to ``anyway sources'' contain limitations on GHG emissions based 
on the application of BACT.

D. Section 110(a)(2)(D)--Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment, or interfering with 
maintenance, of the NAAQS in another state. Section 110(a)(2)(D)(i)(II) 
requires SIPs to include provisions prohibiting any source or other 
type of emissions activity in one state from interfering with measures 
required of any other state to prevent significant deterioration of air 
quality, or from interfering with measures required of any other state 
to protect visibility. Section 110(a)(2)(D)(ii) requires each SIP to 
contain adequate provisions requiring compliance with the applicable 
requirements of section 126 and section 115 (relating to interstate and 
international pollution abatement, respectively).
1. Significant Contribution to Nonattainment
    In this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to significant contribution to 
nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate 
these requirements in a separate rulemaking.
2. Interference With Maintenance
    In this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to interference with 
maintenance for the 2015 ozone NAAQS. Instead, EPA will evaluate these 
requirements in a separate rulemaking.
3. Interference With PSD
    EPA notes that Ohio's satisfaction of the applicable infrastructure 
SIP PSD requirements for the 2015 ozone NAAQS has been detailed in the 
section addressing section 110(a)(2)(C). EPA further notes that the 
proposed actions in that section related to PSD are consistent with the 
proposed actions related to PSD for section 110(a)(2)(D)(i)(II), and 
they are reiterated below.
    EPA has previously approved revisions to Ohio's SIP that meet 
certain requirements obligated by the Phase 2 Rule and the 2008 NSR 
Rule. These revisions included provisions that: Explicitly identify 
NOX as a precursor to ozone, explicitly identify 
SO2 and NOX as precursors to PM2.5, 
and regulate condensable PM2.5 and PM10 in 
applicability determinations and establishing emissions limits. EPA has 
also previously approved revisions to Ohio's SIP that incorporate the 
PM2.5 increments and the associated implementation 
regulations including the major source baseline date, trigger date, and 
level of significance for PM2.5 per the 2010 NSR Rule. EPA 
is proposing to find that Ohio's SIP contains provisions that 
adequately address the 2015 ozone NAAQS.
    States also have an obligation to ensure that sources located in 
nonattainment areas do not interfere with a neighboring state's PSD 
program. One way that this requirement can be satisfied is through an 
NNSR program consistent with the CAA that addresses any pollutants for 
which there is a designated nonattainment area within the state.
    Ohio's EPA-approved NNSR regulations are contained in OAC Chapter 
3745-31 and are consistent with 40 CFR 51.165. Therefore, EPA proposes 
to find that Ohio has met all of the applicable section 
110(a)(2)(D)(i)(II) requirements relating to interference with PSD for 
the 2015 ozone NAAQS.
4. Interference With Visibility Protection
    With regard to the applicable requirements for visibility 
protection of section 110(a)(2)(D)(i)(II), states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). EPA's 2013 Guidance states 
that these requirements can be satisfied by an approved SIP addressing 
reasonably attributable visibility impairment, if required, or an 
approved SIP addressing regional haze.
    On May 10, 2018, EPA published its final approval of Ohio's 
regional haze plan (see 83 FR 21719). Therefore, EPA proposes to find 
that Ohio has met all applicable section 110(a)(2)(D)(i)(II) 
requirements relating to interference with visibility protection for 
the 2015 ozone NAAQS.
5. Interstate and International Pollution Abatement
    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate 
provisions requiring compliance with the applicable requirements of 
section 126 and section 115 (relating to interstate and international 
pollution abatement, respectively). Section 126(a) requires new or 
modified sources to notify neighboring states of potential impacts from 
the source. The statute does not specify the method by which the source 
should provide the notification. States with SIP-approved PSD programs 
must have a provision requiring such notification by new or modified 
sources. A lack of such a requirement in state rules would be grounds 
for disapproval of this element.
    Ohio has provisions in its EPA-approved PSD program in OAC 3745-31-
06(H)(2) requiring new or modified sources to notify neighboring states 
of potential negative air quality impacts. Ohio's submission references 
these provisions as being adequate to meet the requirements of section 
126(a). Ohio does not have any obligations under any other subsection 
of section 126, nor does it have any pending obligations under section 
115. Therefore, EPA is proposing to find that Ohio has met all 
applicable section 110(a)(2)(D)(ii) requirements for the 2015 ozone 
NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources; State Board Requirements

    This section requires each state to provide for adequate personnel, 
funding, and legal authority under state

[[Page 13676]]

law to carry out its SIP, and related issues. Section 110(a)(2)(E)(ii) 
also requires each state to comply with the requirements respecting 
state boards under section 128.
1. Adequate Resources
    To satisfy the adequate resources requirements of section 
110(a)(2)(E), the state should explain in the infrastructure SIP 
submission how resources and personnel and legal authority are adequate 
and provide any additional assurances needed to meet changes in 
resource requirements by the new or revised NAAQS.
    Ohio's biennial budget and its environmental performance 
partnership agreement with EPA document funding and personnel levels 
for OEPA every two years. OEPA has demonstrated that it retains 
adequate personnel to administer its air quality management program. As 
discussed in an earlier section, ORC 3704.03 provides the legal 
authority under state law to carry out the SIP. EPA proposes that Ohio 
has met the infrastructure SIP requirements of this portion of section 
110(a)(2)(E) with respect to the 2015 ozone NAAQS.
2. State Board Requirements
    Section 110(a)(2)(E) also requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (i) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (ii) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed.
    Ohio does not have a board that has the authority to approve 
enforcement orders or permitting actions as outlined in section 
128(a)(1) of the CAA; instead, this authority rests with the Director 
of OEPA. Therefore, section 128(a)(1) of the CAA is not applicable in 
Ohio.
    Under section 128(a)(2), the head of the executive agency with the 
power to approve enforcement orders or permits must adequately disclose 
any potential conflicts of interest. OEPA notes that EPA has previously 
approved provisions into Ohio's SIP addressing these requirements (46 
FR 57490). Notably, ORC 102: Public Officers--Ethics contains 
provisions that require the Director of OEPA (and his/her delegate) to 
file an annual statement with the ethics committee including potential 
conflicts of interest; furthermore, this annual filing is subject to 
public inspection. Therefore, EPA proposes to find that Ohio has met 
the applicable infrastructure SIP requirements of this portion of 
110(a)(2)(E) with respect to the 2015 ozone NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    Section 110(a)(2)(F) contains several requirements, each of which 
are described below.
    1. Installation, maintenance, replacement of equipment, and other 
necessary steps by owners or operators of stationary sources to monitor 
emissions from such sources.
    EPA's rules regarding how SIPs need to address requirements for 
source monitoring are contained in 40 CFR 51.212 (``Testing, 
inspection, enforcement, and compliance''). This EPA regulation 
requires SIPs to provide for a program of periodic testing and 
inspection of stationary sources, to provide for the identification of 
allowable test methods, and to exclude any provision that would prevent 
the use of any credible evidence of noncompliance.
    The requirements for Ohio source testing of air contaminants are 
found in SIP-approved OAC 3745-15 along with general provisions that 
include submitting of emissions reports and measurement of emissions. 
SIP-approved OAC rule 3745-21-03 addresses methods of ambient air 
measurements for ozone. SIP-approved OAC Chapters 3745-77 and 3745-31 
provide requirements for recordkeeping by sources. Ohio has the 
authority under SIP-approved ORC 3704.03(I) to require owners or 
operators of air contaminant sources to install, employ, maintain and 
operate such emissions, ambient air quality, meteorological, or other 
monitoring devices or methods as the Director of OEPA shall prescribe; 
to sample those emissions at such locations, at such intervals, and in 
such manner as the Director of OEPA prescribes; to maintain records and 
file periodic reports with the Director of OEPA containing information 
as to location, size, and height of emission outlets, rate, duration, 
and composition of emissions, and any other pertinent information the 
Director of OEPA prescribes; and to provide such written notice to 
other states as the Director of OEPA shall prescribe. Ohio does not 
have any provisions preventing the use of any credible evidence.
    Hundreds of emission tests are performed throughout Ohio each year. 
OEPA District Offices and local air agencies are currently required to 
witness 50% of all source emissions testing and review 100% of all 
emissions tests (fulfilling the correlation requirement of sub-element 
3 discussed below). Presently, 290 Ohio sources employ 738 continuous 
monitoring systems for various air pollutants. OEPA oversees the 
operation and certification of these systems and routinely provides 
quarterly summary reports to EPA. These reports are also available for 
public inspection (partially fulfilling the public inspection component 
of sub-element 3 discussed below).
    Based on the above, EPA proposes to find that Ohio has met the 
infrastructure SIP requirements of section 110(a)(2)(F)(i) with respect 
to the 2015 ozone standard.
    2. Periodic reports on the nature and amounts of emissions and 
emissions-related data from stationary sources.
    To address periodic reporting requirements, the infrastructure SIP 
submission should include air agency requirements providing for 
periodic reporting of emissions and emissions-related data by sources 
to the air agency, as required by the following emissions reporting 
requirements: 40 CFR 51.211 (``Emissions reports and recordkeeping''); 
40 CFR 51.321 through 51.323 (``Source Emissions and State Action 
Reporting''); and EPA's Air Emissions Reporting Rule, 40 CFR part 51, 
subpart A (``Air Emissions Reporting Requirements'').\9\ The section 
51.321 requirement that emissions reports from states be made through 
the appropriate EPA Regional Office has been superseded in practice, as 
these data are now to be reported electronically through a centralized 
data portal pursuant to 40 CFR 51.45(b), which refers to the website 
http://www.epa.gov/ttn/chief which was moved to https://www.epa.gov/chief for the latest information on data reporting procedures. All 
states have existing periodic source reporting of emissions and 
emission inventory reporting practices. Thus, for any new or revised 
NAAQS, the infrastructure SIP may be able to certify existing authority 
and commitments and provide any additional assurance needed to meet 
changes in reporting and inventory requirements associated with the new 
or revised NAAQS.
---------------------------------------------------------------------------

    \9\ 40 CFR 51.321 through 51.323 nominally address emission 
reporting but merely cross-reference to subpart A.
---------------------------------------------------------------------------

    OEPA has reporting requirements consistent with 40 CFR 51.211, 40 
CFR 51.321 to 323, and 40 CFR part 51, subpart A. Under Title V of the 
CAA,

[[Page 13677]]

facilities that have the potential to emit certain amounts of air 
pollution are required to apply for and obtain a state-federal 
operating permit and pay emission fees. In Ohio, facilities are 
required to file on April 15th of each year. The Fee Emissions Report 
(FER) requirements are outlined in ORC 3745.11 and OAC rule 3745-78-02. 
Facilities are required to apply for and obtain an air pollution 
control operating permit and submit an annual emissions report for 
estimated actual facility wide emissions of particulate matter (PM), 
SO2, NOX, organic compounds (OC), lead, carbon 
monoxide (CO), and ammonia (NH3) no later than April 15th 
for the previous year. Also, OEPA has the authority under OAC 3745-15-
03 to request and receive the information from regulated entities. Ohio 
provides an Emission Inventory Summary (EIS) to EPA to develop an 
annual criteria and toxic pollutant inventory pursuant to 40 CFR 
51.321. Beginning with the calendar year 2006 inventory, all Ohio Title 
V and synthetic minor facilities are required to file a complete 
inventory. Pollutants required to be reported in the EIS are: 
NOX, VOC, SO2, Lead, OC, CO, NH3, PM-
condensable, PM-filterable, PM10-filterable, and 
PM2.5-filterable. Based on the above, EPA proposes to find 
that Ohio has met the infrastructure SIP requirements of section 
110(a)(2)(F)(ii) with respect to the 2015 ozone standard.
    3. Correlation of emissions reports by the State agency with any 
applicable emission limitations or standards, reports shall be 
available at reasonable times for public inspection.
    For this sub-element, the infrastructure SIP submission should 
reference and describe existing air agency requirements that have been 
approved into the SIP by EPA, or include air agency requirements being 
newly submitted, that provide for the following: (1) Correlation \10\ 
by the air agency of emissions reports by sources with applicable 
emission limitations or standards; and (2) the public availability of 
emission reports by sources. Under 40 CFR part 51 subpart G, 40 CFR 
51.116 (``Data availability''), contains the requirements for 
correlating data. Correlation with applicable emissions limitations or 
standards is relevant only for those reports of source emissions that 
reflect the test method(s) and averaging period(s) specified in 
applicable emission limitations or standards. Thus, source reports of 
annual, ozone season, or summer day emissions used by the air agency to 
create the annual and triennial emission inventory submission to EPA 
under 40 CFR part 51 subpart A in general would not need to be 
correlated with specific emission limitations or standards, as many 
sources do not have applicable emission limitations defined for those 
averaging periods. However, if the sources have applicable emissions 
limitations that are defined for these averaging periods, then they 
would need to be correlated.
---------------------------------------------------------------------------

    \10\ As defined in 40 CFR 51.116(c), the term ``correlated'' 
means ``presented in such a manner as to show the relationship 
between measured or estimated amounts of emissions and the amounts 
of such emissions allowable under the applicable emission 
limitations or other measures.''
---------------------------------------------------------------------------

    As stated previously, OEPA District Offices and local air agencies 
are currently required to review 100% of all source emissions tests 
fulfilling the correlation requirement of this sub-element. Also as 
stated previously, OEPA has reporting requirements consistent with 40 
CFR 51.211, 40 CFR 51-321 to 323, and 40 CFR part 51, subpart A. Ohio's 
source emission reports are available upon request by EPA or other 
interested parties. Additionally, EIS Data and Reports can be 
downloaded from the OEPA website at https://www.epa.ohio.gov/dapc/aqmp/eiu/eis#126013925-download-eis-data-and-reports. Based on the above, 
EPA proposes to find that Ohio has met the infrastructure SIP 
requirements of section 110(a)(2)(F)(iii) with respect to the 2015 
ozone standard.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the CAA, and adequate 
contingency plans to implement such authority. EPA's 2013 Guidance 
states that infrastructure SIP submissions should specify authority, 
rested in an appropriate official, to restrain any source from causing 
or contributing to emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment.
    The regulations at OAC 3745-25 contain provisions which allow the 
Director of OEPA to determine the conditions that comprise air 
pollution alerts, warnings, and emergencies. Moreover, the rules 
contained in OAC 3745-25 provide the requirement to implement emergency 
action plans in the event of an air quality alert or higher. Based on 
the above, EPA proposes to find that Ohio has met the applicable 
infrastructure SIP requirements of section 110(a)(2)(G) related to 
authority to implement measures to restrain sources from causing or 
contributing to emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment with 
respect to the 2015 ozone NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their 
SIPs in response to changes in the NAAQS, availability of improved 
methods for attaining the NAAQS, or to an EPA finding that the SIP is 
substantially inadequate. As previously mentioned, ORC 3704.03 provides 
the Director of OEPA with the authority to develop rules and 
regulations necessary to meet ambient air quality standards in all 
areas in the state as expeditiously as practicable, but not later than 
any deadlines applicable under the CAA. ORC 3704.03 also provides the 
Director of OEPA with the authority to develop programs for the 
prevention, and abatement of air pollution. Based on the above, EPA 
proposes to find that Ohio has met the infrastructure SIP requirements 
of section 110(a)(2)(H) with respect to the 2015 ozone NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    The CAA requires that each plan or plan revision for an area 
designated as a nonattainment area meet the applicable requirements of 
part D of the CAA. Part D relates to nonattainment areas. EPA has 
determined that section 110(a)(2)(I) is not applicable to the 
infrastructure SIP process. Instead, EPA takes action on part D 
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; PSD; Visibility Protection

    The evaluation of the submissions from Ohio with respect to the 
requirements of section 110(a)(2)(J) are described below.
1. Consultation With Government Officials
    States must provide a process for consultation with local 
governments and Federal Land Managers (FLMs) carrying out NAAQS 
implementation requirements.
    OEPA actively participates in the regional planning efforts that 
include state rule developers, representatives from the FLMs, and other 
affected stakeholders. Additionally, Ohio is an active member of the 
Lake Michigan Air Directors Consortium, which consists of collaboration 
with the States of Illinois, Indiana, Wisconsin, Michigan, and 
Minnesota. OAC 3745-31-06 is a SIP-approved rule which requires

[[Page 13678]]

notification and the availability of public participation related to 
NSR actions; notification is provided to the general public, executives 
of the city or county where the source is located, other state or local 
air pollution control agencies, regional land use planning agencies, 
and FLMs. OAC 3704.03(K) is a SIP-approved rule that requires OEPA give 
reasonable public notice and conduct public hearings on any plans for 
the prevention, control, and abatement of air pollution that the 
Director of OEPA is required to submit to EPA. Based on the above, EPA 
proposes to find that Ohio has met the infrastructure SIP requirements 
of this portion of section 110(a)(2)(J) with respect to the 2015 ozone 
NAAQS.
2. Public Notification
    Section 110(a)(2)(J) requires states to notify the public if NAAQS 
are exceeded in an area and to enhance public awareness of measures 
that can be taken to prevent exceedances.
    OEPA maintains portions of its website specifically for issues 
related to the 2015 ozone NAAQS.\11\ OEPA's remote air data system 
(RADS) provides online reports of real time air quality data on the 
internet and feeds raw information to EPA's AIRNOW program. OEPA also 
prepares annual data reports from its complete monitoring network. 
Based on the above, EPA proposes to find that Ohio has met the 
infrastructure SIP requirements of this portion of section 110(a)(2)(J) 
with respect to the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \11\ http://www.epa.ohio.gov/dapc/sip/sip.aspx.
---------------------------------------------------------------------------

3. PSD
    States must meet applicable requirements of section 110(a)(2)(C) 
related to PSD. OEPA's PSD program in the context of infrastructure 
SIPs has already been discussed above in the paragraphs addressing 
section 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA has determined 
that that the proposed actions for those sections are consistent with 
the proposed actions for this portion of section 110(a)(2)(J).
    Therefore, EPA proposes to find that Ohio has met all of the 
infrastructure SIP requirements for PSD associated with section 
110(a)(2)(J) for the 2015 ozone NAAQS.
4. Visibility Protection
    States are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C do not 
change. Thus, we find that there is no new visibility obligation 
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes 
effective. In other words, EPA has determined that the visibility 
protection requirements of section 110(a)(2)(J) are not germane to 
infrastructure SIPs for the 2015 ozone NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for air quality modeling for predicting effects 
on air quality of emissions from any NAAQS pollutant and submission of 
such data to EPA upon request. OEPA reviews the potential impact of all 
major and some minor new and modified sources using computer model 
simulations consistent with 40 CFR part 51, appendix W, Guidelines on 
Air Quality Models. The regulatory requirements related to PSD modeling 
can be found in SIP-approved rule OAC 3745-31-18, and Ohio's authority 
to require modeling conducted by other entities, e.g., applicants, and 
the state's authority to perform modeling for attainment demonstrations 
can be found in SIP-approved ORC 3704.03(F). Ohio also develops area-
wide air quality modeling related to attainment demonstrations. Ohio's 
authority to conduct this type of modeling lies within SIP-approved ORC 
3704.03(A), (C), (E), (N) and (X). These modeling data are available to 
EPA or other interested parties upon request. Based on the above, EPA 
proposes to find that Ohio has met the infrastructure SIP requirements 
of section 110(a)(2)(K) with respect to the 2015 ozone NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate each major stationary source 
to pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit. OEPA implements and operates the 
title V permit program, which EPA approved on August 15, 1995 (60 FR 
42045); revisions to the program were approved on November 20, 2003 (68 
FR 65401). Additional rules that contain the provisions, requirements, 
and structures associated with the costs for reviewing, approving, 
implementing, and enforcing various types of permits can be found in 
ORC 3745.11 and OAC rule 3745-78-02. Based on the above, EPA proposes 
to find that Ohio has met the infrastructure SIP requirements of 
section 110(a)(2)(L) with respect to the 2015 ozone NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    States must consult with and allow participation from local 
political subdivisions affected by the SIP. OEPA follows approved 
procedures for allowing public participation, consistent with SIP-
approved OAC 3745-47. Consultation with local governments is authorized 
through ORC 3704.03(B). OEPA provides a public participation process 
for all stakeholders that includes a minimum of a 30-day comment period 
and opportunity to request a public hearing for all SIP-related 
actions. Based on the above, EPA proposes to find that Ohio has met the 
infrastructure SIP requirements of section 110(a)(2)(M) with respect to 
the 2015 ozone NAAQS.

III. What action is EPA taking?

    EPA is proposing to approve most elements of a submission from Ohio 
certifying that its current SIP is sufficient to meet the 
infrastructure requirements in sections 110(a)(1) and (2) with respect 
to the 2015 ozone NAAQS. EPA's proposed actions for the state's 
satisfaction of infrastructure SIP requirements, by element of section 
110(a)(2) are contained in the table below.

------------------------------------------------------------------------
                                                            2015 ozone
                        Element                               NAAQS
------------------------------------------------------------------------
(A)--Emission limits and other control measures........               A
(B)--Ambient air quality monitoring/data system........               A
(C)1--Program for enforcement of control measures......               A
(C)2--PSD..............................................               A
(D)1--I Prong 1: Interstate transport--significant                   NA
 contribution..........................................
(D)2--I Prong 2: Interstate transport--interfere with                NA
 maintenance...........................................
(D)3--II Prong 3: Interstate transport--prevention of                 A
 significant deterioration.............................

[[Page 13679]]

 
(D)4--II Prong 4: Interstate transport--protect                       A
 visibility............................................
(D)5--Interstate and international pollution abatement.               A
(E)1--Adequate resources...............................               A
(E)2--State board requirements.........................               A
(F)1--Monitoring/Testing Source Emissions..............               A
(F)2--Periodic Source Emissions Reports................               A
(F)3--Correlation and Public Availability of Source                   A
 Emissions Reports and Data............................
(G)--Emergency power...................................               A
(H)--Future SIP revisions..............................               A
(I)--Nonattainment planning requirements of part D.....               *
(J)1--Consultation with government officials...........               A
(J)2--Public notification..............................               A
(J)3--PSD..............................................               A
(J)4--Visibility protection............................               *
(K)--Air quality modeling/data.........................               A
(L)--Permitting fees...................................               A
(M)--Consultation and participation by affected local                 A
 entities..............................................
------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A.................................  Approve.
NA................................  No Action/Separate Rulemaking.
*.................................  Not germane to infrastructure SIPs.
------------------------------------------------------------------------

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866;
     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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-02743 Filed 3-9-21; 8:45 am]
BILLING CODE 6560-50-P


