[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14061-14063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0468; FRL-10021-22-Region 5]


Air Plan Approval; Ohio; Lead

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Ohio State Implementation Plan (SIP). Ohio 
removed its Ohio Administrative Code (OAC) rules that apply to a 
secondary lead smelter, which has permanently shut down. EPA is 
proposing approval of revisions that will remove those OAC rules from 
the Ohio SIP. The revisions will also remove air quality sampling 
requirements that are duplicative of another OAC provision in the Ohio 
SIP.

DATES: Comments must be received on or before April 12, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0468 at http://www.regulations.gov, or via email to 
blakley.pamela@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: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@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.

I. Background

    Ohio identified the Master Metals, Incorporated Facility (Master 
Metals), a former secondary lead smelter in Cleveland, Ohio, as the 
primary cause of high monitored lead concentrations in Cuyahoga County. 
On October 14, 1992, Ohio issued an order to Master Metals requiring 
the facility to shut down unless specific improvements were made to the 
facility's pollution controls. On August 5, 1993, Ohio ordered an 
immediate shut down of the Master Metals facility and prohibited any 
activities to be conducted at the facility until required improvements 
were made. The facility did not reopen.
    Effective August 26, 2011, Ohio rescinded OAC rules 3745-71-05 and 
3745-71-06, as part of a 5-year review of its rules. OAC 3745-71-06, 
``Source specific emission limits,'' contained the lead and particulate 
matter emission limits plus operational limits only applicable to 
Master Metals. OAC 3745-71-05, ``Emissions test methods and procedures 
and reporting requirements for new and existing sources,'' provided the 
test methods and other elements supporting OAC 3745-71-06. Ohio 
determined that these rules should be rescinded because they were 
facility-specific to Master Metals, which no

[[Page 14062]]

longer exists, and has requested removal of these rules from the SIP.
    Ohio also rescinded OAC rule 3745-71-01, ``Definitions,'' effective 
on August 26, 2011. Ohio requests the removal of OAC 3745-71-01 from 
the SIP because its definitions and referenced documents are 
unnecessary given the other rules removed from OAC chapter 71.
    Finally, Ohio requests the removal of OAC rule 3745-71-03, 
``Methods of ambient air measurement,'' effective on August 26, 2011. 
The air quality sampling requirements in OAC 3745-71-03 have been 
consolidated into OAC rule 3745-25-02, which was approved into the SIP 
on October 26, 2010 (75 FR 65572). Thus, the lead monitoring 
requirements in OAC rule 3745-71-03 are duplicative since the air 
quality sampling requirements are also in the Ohio SIP at OAC rule 
3745-25-02.
    In the request to remove OAC rules 3745-71-01, 3745-71-03, 3745-71-
05, and 3745-71-06 from Ohio SIP, Ohio provided an analysis pursuant to 
Clean Air Act (CAA) section 110(l). CAA section 110(l) prohibits EPA 
from approving a SIP revision if that revision would interfere with any 
applicable requirement concerning attainment, reasonable further 
progress, or any other CAA requirement.
    Ohio states that removing the rules from its SIP will not result in 
increased emissions or risk National Ambient Air Quality Standard 
violations because the facility has been permanently shut down and thus 
has no emissions. Therefore, OAC rules 3745-71-05 and 3745-71-06 can be 
removed without an effect on emissions. The monitoring requirements in 
OAC rule 3745-71-03 are also approved into its SIP as OAC rule 3745-25-
02, which will keep the requirements within the SIP. Ohio found that 
the definitions and references of OAC rule 3745-71-01 can be removed 
from its SIP because they are not necessary due to the removal of the 
other rules from the SIP.

II. What is EPA's analysis of the revisions?

    The Master Metals facility has permanently shut down and the site 
has been remediated. Thus, the source of the lead and particulate 
matter emissions controlled by the OAC Chapter 3745-71 rules is gone 
and there are no longer any emissions from it.
    EPA concurs with Ohio on the removal of OAC rule 3745-71-06 from 
the SIP. The facility is shut down and the site has been put into new 
use. EPA also concurs with Ohio on the removal of OAC rules 3745-71-01 
and 3745-71-05 from the SIP. OAC rule 3745-71-01 contains definitions 
and references to Federal rules. Those definitions are not needed with 
the removal of OAC rule 3745-71-06. OAC rule 3745-71-05 provides the 
lead emissions test procedures and reporting requirements. The shutdown 
of Master Metals and the removal of OAC rule 3745-71-06 results in no 
lead emissions to monitor or report.
    EPA approved OAC rule 3745-25-02, which includes lead air quality 
sampling requirements, into the SIP on October 26, 2010 (75 FR 65572). 
The requirements of OAC rule 3745-71-03 are duplicated in OAC rule 
3745-25-02 intro and (F)(2). The lead air quality sampling requirements 
are in the SIP with OAC rule 3745-25-02, which means OAC rule 3745-71-
03 can be removed while those requirements will remain in the SIP. 
Thus, EPA agrees with Ohio that OAC rule 3745-71-03 can be removed from 
the SIP.
    For the reasons set forth above EPA is proposing to approve Ohio's 
request.

III. What action is EPA taking?

    EPA is proposing to approve the removal of OAC rules 3745-71-01, 
3745-71-03, 3745-71-05, and 3745-71-06 from the Ohio SIP.

IV. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. As described in the proposed 
amendments to 40 CFR part 52 set forth below, EPA is proposing to 
remove provisions 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 SIP generally available through 
www.regulations.gov 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).

V. 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);
     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, Lead, Reporting and 
recordkeeping requirements.

    Dated: March 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

[[Page 14063]]

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.

Subpart KK--Ohio

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2. In Sec.  52.1870, the table in paragraph (c) is amended by removing 
the undesignated heading ``Chapter 3745-71 Lead Emissions'' and the 
entries for ``3745-71-01'', ``3745-71-03'', ``3745-71-05'', and ``3745-
71-06''.

[FR Doc. 2021-05159 Filed 3-11-21; 8:45 am]
BILLING CODE 6560-50-P


