[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Proposed Rules]
[Pages 16309-16310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05957]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0055 FRL-10006-83-Region 5]


Air Plan Approval; Ohio; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
remove the air pollution nuisance rule from the Ohio State 
Implementation Plan (SIP) using the Clean Air Act (CAA) error 
correction provision. EPA has determined that this rule was not relied 
upon by Ohio to demonstrate attainment or maintenance of any National 
Ambient Air Quality Standards (NAAQS). If EPA takes final action 
consistent with this proposal, the nuisance provision will no longer be 
part of the Ohio SIP.

DATES: Comments must be received on or before April 22, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0055 at http://www.regulations.gov, or via email to 
arra.sarah@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 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.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Why is EPA proposing to remove Ohio's nuisance rule from the SIP?

    The CAA was first enacted in 1970. Section 110(a)(1) required each 
state to submit to EPA SIPs that provided for the implementation, 
maintenance and enforcement of the NAAQS. In the 1970s and early 1980s, 
thousands of state and local agency regulations were submitted to EPA 
for incorporation into the SIP to fulfill the new Federal requirements. 
In many cases, states submitted entire regulatory air pollution 
programs, including many elements not required by the CAA. Due to time 
and resource constraints, EPA's review of these submittals focused 
primarily on the rules addressing the new substantive requirements of 
the CAA, and we approved many other elements into the SIP with minimal 
review. We now recognize that some of these elements are appropriate 
for state and local agencies to adopt and implement, but not as 
federally enforceable SIP requirements. These include rules that 
prohibit air pollution nuisances. Such rules generally have no 
connection to the purposes for which SIPs are developed and approved, 
namely the implementation, maintenance, and enforcement of the NAAQS.

II. What is EPA's authority to correct errors in SIP rulemakings?

    Section 110(k)(6) of the CAA provides EPA with authority to make 
corrections to prior SIP actions that are subsequently found to be in 
error in the same manner as the prior action, and to do so without 
requiring any further submission from the state. This determination and 
the basis must be provided to the state and the public.

III. Which rule is EPA proposing to remove?

    Ohio rule AP-2-07, ``Air pollution nuisances prohibited,'' was 
approved by EPA into the Ohio SIP on April 15, 1974. See 39 FR 13542. 
Subsequently, Ohio amended and renumbered the rule as OAC 3745-15-07 
and submitted it as a revision to the SIP. EPA approved the amended 
provision on August 13, 1984. See 49 FR 32182. OAC 3745-15-07 prohibits 
the ``emission or escape into the open air from any source or sources 
whatsoever, of smoke, ashes, dust, dirt, grime, acids, fumes, gases, 
vapors, odors, or any other substances or combinations of substances, 
in such manner or in such amounts as to endanger the health, safety or 
welfare of the public, or cause unreasonable injury or damage to 
property.''
    EPA has reviewed the docket files regarding Ohio's nuisance rule 
and found no information indicating that the state has relied on, or 
ever intended to rely on, this rule for attainment or

[[Page 16310]]

maintenance of any NAAQS.\1\ Additionally, the Ohio Environmental 
Protection Agency has confirmed that they have not relied on, and did 
not intend to rely on, this rule for attainment or maintenance of any 
NAAQS.
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    \1\ EPA has taken similar actions in a number of other states. 
See, e.g., Approval and Promulgation of Implementation Plans; 
Michigan: Correction, 64 FR 7790 (February 17, 1999).
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IV. What action is EPA taking?

    EPA is proposing to remove Ohio's nuisance provision from the Ohio 
SIP because it does not have a reasonable connection to the attainment 
and maintenance of the NAAQS. Consequently, EPA finds that its prior 
approval of OAC 3745-15-07 into the Ohio SIP was in error. To correct 
this error, EPA is proposing to remove OAC 3745-15-07 from the approved 
Ohio SIP pursuant to section 110(k)(6) of the CAA and to codify this 
removal by revising the appropriate paragraph under 40 CFR part 52, 
subpart KK, Sec.  52.1870 (Identification of Plan).

V. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. EPA is proposing to remove 3745-
15-07 ``Air Pollution Nuisances Prohibited'' of the EPA-Approved Ohio 
Regulations from the Ohio State Implementation Plan, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51. EPA has made, and will continue to make the State 
Implementation Plan generally available through www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-5 and at the EPA Region 5 Office (please contact the person 
identified in the For Further Information Contact section of this 
preamble for more information).

VI. 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 SIP approvals are exempted 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, Carbon monoxide, 
Incorporation by Reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic 
compounds.

    Dated: March 9, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-05957 Filed 3-20-20; 8:45 am]
 BILLING CODE 6560-50-P


