80 FR 10591 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 39 (February 27, 2015)
Federal Register Volume 80, Issue 39 (February 27, 2015)
| Page Range | 10591-10596 | |
| FR Document | 2015-04011 |
[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)] [Rules and Regulations] [Pages 10591-10596] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04011] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2011-0888; EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; FRL-9923-48-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2 , and 2010 SO2 NAAQS AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of state implementation plan (SIP) submissions from Ohio regarding the Prevention of Significant Deterioration (PSD) infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) 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: This direct final rule will be effective April 28, 2015, unless EPA receives adverse comments by March [[Page 10592]] 30, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2011-0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements) by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: aburano.douglas@epa.gov. 3. Fax: (312) 408-2279. 4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011- 0888 (2008 Pb infrastructure elements), EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure elements). EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: 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., CBI 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 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 you telephone Sarah Arra, Environmental Scientist, 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), 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? II. What is EPA's review of these SIP submissions? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background of these SIP submissions? This rulemaking addresses submissions from the Ohio Environmental Protection Agency (Ohio EPA). The state submitted its infrastructure SIP for each NAAQS on the following dates: 2008 Pb--October 12, 2011, and supplemented on June 7, 2013; 2008 ozone--December 27, 2012, and supplemented on June 7, 2013; 2010 NO2 --February 8, 2013, and supplemented on February 25, 2013, and June 7, 2013; and, 2010 SO2 --June 7, 2013. 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. This specific rule making is only taking action on the PSD elements of these submittals. The majority of the other infrastructure elements were addressed in proposed rulemaking published July 25, 2014 (79 FR 43338). Final action was taken on those elements on October 6, 2014, for 2008 Pb and 2010 NO2 (79 FR 60075),\1\ and on October 16, 2014, for 2008 ozone (79 FR 62019).\2\ The infrastructure elements for PSD are found in CAA 110(a)(2)(C), 110(a)(2)(D), and 110(a)(2)(J) and will be discussed in detail below. For further discussion on the background of infrastructure submittals, see 79 FR 43338. --------------------------------------------------------------------------- \1\ Specifically, sections 110(a)(2)(A) through (H), and (J) through (M) for the 2008 lead and 2010 NO2 NAAQS except the prevention of significant deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of (J). \2\ Specifically, sections 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS except the prevention of significant deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of (J) and the interstate transport portion of 110(a)(2)(D)(i). --------------------------------------------------------------------------- II. What is EPA's review of these SIP submissions? A. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 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 PSD and nonattainment new source review [[Page 10593]] (NNSR) programs. Part C of the CAA (sections 160-169B) addresses PSD, while part D of the CAA (sections 171-193) addresses NNSR requirements. The evaluation of each state's submission addressing the infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) Enforcement of SIP measures; (ii) PSD provisions that explicitly identify oxides of nitrogen (NOX ) as a precursor to ozone in the PSD program; (iii) identification of precursors to fine particulates (PM2.5 ) and the identification of PM2.5 and PM10 \3\ condensables in the PSD program; (iv) PM2.5 increments in the PSD program; and, (v) GHG permitting and the ``Tailoring Rule.'' \4\ --------------------------------------------------------------------------- \3\ PM10 refers to particles with diameters between 2.5 and 10 microns, oftentimes referred to as ``coarse'' particles. \4\ 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 2010 NO2 NAAQS. --------------------------------------------------------------------------- Sub-element 1: Enforcement of SIP Measures This element was proposed for the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS in the July 25, 2014, rulemaking (79 FR 43338) and was finalized for the 2008 lead and 2010 NO2 NAAQS in the October 6, 2014, rulemaking (79 FR 60075) and for the 2008 ozone NAAQS in the October 16, 2014, rulemaking (79 FR 62019). This element will be finalized for the 2010 SO2 NAAQS in a separate rulemaking. Sub-element 2: 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.\5\ --------------------------------------------------------------------------- \5\ Similar changes were codified in 40 CFR 52.21. --------------------------------------------------------------------------- The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including the specification of NOX as a precursor to ozone provisions, by June 15, 2007 (70 FR 71612 at 71683). EPA approved revisions to Ohio's PSD SIP reflecting these requirements on October 28, 2014 (79 FR 64119), and therefore, Ohio has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. Sub-element 3: 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 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 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 (see 73 FR 28321 at 28341).\6\ --------------------------------------------------------------------------- \6\ 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. --------------------------------------------------------------------------- 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 (see 73 FR 28321 at 28341). EPA approved revisions to Ohio's PSD SIP reflecting these requirements on October 28, 2014 (79 FR 64119), and therefore Ohio has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the [[Page 10594]] 2008 lead, 2008 ozone, 2010 NO2 , and 210 SO2 NAAQS. Sub-element 4: 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 max mean ------------------------------------------------------------------------ Class I....................................... 1 2 Class II...................................... 4 9 Class III..................................... 8 18 ------------------------------------------------------------------------ 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). On October 28, 2014 (79 FR 64119), EPA finalized approval of the applicable infrastructure SIP PSD revisions for Ohio, therefore Ohio has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. Sub-element 5: GHG Permitting and the ``Tailoring Rule'' With respect to Elements C, and 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 air agency 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 has shown that it currently has a PSD program in place that covers all regulated NSR pollutants, including greenhouse gases (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 found 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 order to act consistently with its understanding of the Court's decision pending further judicial action to effectuate the decision, EPA is no longer applying EPA regulations that would require that SIPs include permitting requirements that the Supreme Court found impermissible. Specifically, EPA is not applying the requirement that a state's SIP-approved PSD program require that sources obtain PSD permits when GHGs are the only pollutant: (i) That the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a modification (see 40 CFR 51.166(b)(48)(v)). EPA anticipates a need to revise Federal PSD rules in light of the Supreme Court opinion. In addition, EPA anticipates that many states will revise their existing SIP-approved PSD programs in light of the Supreme Court's decision. The timing and content of subsequent EPA actions with respect to EPA regulations and state PSD program approvals are expected to be informed by additional legal process before the United States Court of Appeals for the District of Columbia Circuit. At this juncture, EPA is not expecting states to have revised their PSD programs for purposes of infrastructure SIP submissions and is only evaluating such submissions to assure that the state's program correctly addresses GHGs consistent with the Supreme Court's decision. At present, Ohio's SIP is sufficient to satisfy Elements C, D(i)(II), and J with respect to GHGs because the PSD permitting program previously approved by EPA into the SIP continues 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 BACT. Although the approved Ohio PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy Elements C, (D)(i)(II), and J. The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously- approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision. For the purposes of the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS infrastructure SIPs, EPA reiterates that NSR reform regulations are not within the scope of these actions. Therefore, we are not taking action on existing NSR reform regulations for Ohio. EPA approved Ohio's minor NSR program on January 22, 2003 (68 FR 2909), and 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 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. Certain sub-elements in this section overlap with elements of section 110(a)(2)(D)(i) and section 110(a)(2)(J). These links will be discussed in the appropriate areas below. B. Section 110(a)(2)(D)--Interstate Transport 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 to prevent significant deterioration of air quality or to protect visibility in another state. EPA notes that Ohio's satisfaction of the applicable infrastructure SIP PSD requirements for the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS has been detailed in the section addressing section 110(a)(2)(C). EPA notes that the actions in that section related to PSD are consistent with the 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 [[Page 10595]] Rule and the 2008 NSR Rule. These revisions included provisions that: (1) Explicitly identify NOX as a precursor to ozone, (2) explicitly identify SO2 and NOX as precursors to PM2.5 , and (3) 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. Ohio's SIP contains provisions that adequately address the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. C. Section 110(a)(2)(J)--Consultation With Government Officials; Public Notifications; PSD; Visibility Protection Sub-element 3: PSD States must meet applicable requirements of section 110(a)(2)(C) related to PSD. Ohio's PSD program in the context of infrastructure SIPs has already been discussed in the paragraphs addressing section 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA notes that the actions for those sections are consistent with the actions for this portion of section 110(a)(2)(J). Therefore, Ohio has met all of the infrastructure SIP requirements for PSD associated with section 110(a)(2)(D)(J) for the 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. III. What action is EPA taking? EPA is approving the PSD related infrastructure requirements for Ohio's 2008 lead, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS submittals under sections 110(a)(1) and (2) of the CAA. EPA's actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) are contained in the table below. ---------------------------------------------------------------------------------------------------------------- Element 2008 Lead 2008 Ozone 2010 NO2 2010 SO2 ---------------------------------------------------------------------------------------------------------------- (A): Emission limits and other control a a a p measures................................... (B): Ambient air quality monitoring and data a a a p system..................................... (C)1: Enforcement of SIP measures........... a a a p (C)2: PSD................................... A A A A (D)1: Contribute to nonattainment/interfere a NA a NA with maintenance of NAAQS.................. (D)2: PSD................................... A A A A (D)3: Visibility Protection................. a NA NA NA (D)4: Interstate Pollution Abatement........ a a a p (D)5: International Pollution Abatement..... a a a p (E): Adequate resources..................... a a a p (E): State boards........................... a a a p (F): Stationary source monitoring system.... a a a p (G): Emergency power........................ a a a p (H): Future SIP revisions................... a a a p (I): Nonattainment area plan or plan + + + + revisions under part D..................... (J)1: Consultation with government officials a a a p (J)2: Public notification................... a a a p (J)3: PSD................................... A A A A (J)4: Visibility protection................. + + + + (K): Air quality modeling and data.......... a a a p (L): Permitting fees........................ a a a p (M): Consultation and participation by a a a p affected local entities.................... ---------------------------------------------------------------------------------------------------------------- In the above table, the key is as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ A............................ Approved in today's action. a............................ Approved in a previous rulemaking. p............................ Proposed in a previous rulemaking. NA........................... No Action/Separate Rulemaking. +............................ Not germane to infrastructure SIPs. ------------------------------------------------------------------------ We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective April 28, 2015 without further notice unless we receive relevant adverse written comments by March 30, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective April 28, 2015. 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); 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.); [[Page 10596]] 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 Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Ozone, Reporting and recordkeeping requirements, Sulfur oxides. Dated: February 17, 2015. 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 revising paragraphs (e) through (g) and adding paragraph (h) 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. (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 NO 2 NAAQS. We are not finalizing action on the visibility protection requirements of (D)(i)(II). (g) Approval--In a December 27, 2012, 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 Ozone NAAQS. We are not finalizing action on section 110(a)(2)(D)(i)(I)--Interstate transport prongs 1 and 2 or visibility portions of section 110(a)(2)(D)(i)(II) and 110(a)(2)(J). (h) Approval--In a June 7, 2013, submittal, 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 SO2 NAAQS. We are only taking action on the PSD portions 110(a)(2)(C), (D)(i), and (J). [FR Doc. 2015-04011 Filed 2-26-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 10591
fields, and governmental jurisdictions Interference with Constitutionally exclusion determination are not
with populations of less than 50,000. Protected Property Rights. required for this rule.
The Coast Guard certifies under 5 U.S.C.
8. Civil Justice Reform List of Subjects in 33 CFR Part 117
605(b) that this rule will not have a
Bridges.
significant economic impact on a This rule meets applicable standards
substantial number of small entities. in sections 3(a) and 3(b)(2) of Executive For the reasons discussed in the
This rule will have no effect on small Order 12988, Civil Justice Reform, to preamble, the Coast Guard amends 33
entities since this drawbridge has been minimize litigation, eliminate CFR part 117 as follows:
converted to a fixed bridge and the ambiguity, and reduce burden.
regulation governing draw operations PART 117—DRAWBRIDGE
9. Protection of Children OPERATION REGULATIONS
for this bridge is no longer applicable.
There is no new restriction or regulation We have analyzed this rule under
■ 1. The authority citation for part 117
being imposed by this rule; therefore, Executive Order 13045, Protection of
continues to read as follows:
the Coast Guard certifies under 5 U.S.C. Children from Environmental Health
605(b) that this final rule will not have Risks and Safety Risks. This rule is not Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
an economically significant rule and Department of Homeland Security Delegation
a significant economic impact on a
No. 0170.1.
substantial number of small entities. does not create an environmental risk to
health or risk to safety that might
3. Collection of Information disproportionately affect children. § 117.739 [Amended]
This rule calls for no new collection ■ 2. In § 117.739, remove paragraph (n)
10. Indian Tribal Governments
of information under the Paperwork and redesignate paragraphs (o) through
Reduction Act of 1995 (44 U.S.C. 3501– This rule does not have tribal (t) as paragraphs (n) through (s).
3520). implications under Executive Order Dated: January 29, 2015.
13175, Consultation and Coordination L.L. Fagan,
4. Federalism with Indian Tribal Governments, Rear Admiral, U.S. Coast Guard, Commander,
A rule has implications for federalism because it does not have a substantial First Coast Guard District.
under Executive Order 13132, direct effect on one or more Indian [FR Doc. 2015–04152 Filed 2–26–15; 8:45 am]
Federalism, if it has a substantial direct tribes, on the relationship between the
BILLING CODE 9110–04–P
effect on the States, on the relationship Federal Government and Indian tribes,
between the national government and or on the distribution of power and
the States, or on the distribution of responsibilities between the Federal
power and responsibilities among the Government and Indian tribes. ENVIRONMENTAL PROTECTION
various levels of government. We have AGENCY
11. Energy Effects
analyzed this rule under that Order and 40 CFR Part 52
have determined that it does not have This action is not a ‘‘significant
implications for federalism. energy action’’ under Executive Order [EPA–R05–OAR–2011–0888; EPA–R05–
13211, Actions Concerning Regulations OAR–2011–0969; EPA–R05–OAR–2012–
5. Protest Activities That Significantly Affect Energy Supply, 0991; EPA–R05–OAR–2013–0435; FRL–
Distribution, or Use. 9923–48–Region 5]
The Coast Guard respects the First
Amendment rights of protesters. 12. Technical Standards Approval and Promulgation of Air
Protesters are asked to contact the Quality Implementation Plans; Ohio;
person listed in the ‘‘For Further This rule does not use technical PSD Infrastructure SIP Requirements
Information Contact’’ section to standards. Therefore, we did not for the 2008 Lead, 2008 Ozone, 2010
coordinate protest activities so that your consider the use of voluntary consensus NO2, and 2010 SO2 NAAQS
message can be received without standards.
jeopardizing the safety or security of AGENCY: Environmental Protection
13. Environment
people, places or vessels. Agency.
We have analyzed this rule under ACTION: Direct final rule.
6. Unfunded Mandates Reform Act Department of Homeland Security
The Unfunded Mandates Reform Act Management Directive 023–01 and SUMMARY: The Environmental Protection
of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, Agency (EPA) is approving elements of
Federal agencies to assess the effects of which guides the Coast Guard in state implementation plan (SIP)
their discretionary regulatory actions. In complying with the National submissions from Ohio regarding the
particular, the Act addresses actions Environmental Policy Act of 1969 Prevention of Significant Deterioration
that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and (PSD) infrastructure requirements of
State, local, or tribal government, in the have concluded that this action is one section 110 of the Clean Air Act (CAA)
aggregate, or by the private sector of of a category of actions that do not for the 2008 lead (Pb), 2008 ozone, 2010
$100,000,000 (adjusted for inflation) or individually or cumulatively have a nitrogen dioxide (NO2), and 2010 sulfur
more in any one year. Though this rule significant effect on the human dioxide (SO2) National Ambient Air
will not result in such an expenditure, environment. This rule involves the Quality Standards (NAAQS). The
we do discuss the effects of this rule removal of a drawbridge operation infrastructure requirements are designed
elsewhere in this preamble. regulation that is no longer necessary. to ensure that the structural components
tkelley on DSK3SPTVN1PROD with RULES
This rule is categorically excluded, of each state’s air quality management
7. Taking of Private Property under figure 2–1, paragraph (32)(e), of program are adequate to meet the state’s
This rule will not cause a taking of the Instruction. responsibilities under the CAA.
private property or otherwise have Under figure 2–1, paragraph (32)(e), of DATES: This direct final rule will be
taking implications under Executive the Instruction, an environmental effective April 28, 2015, unless EPA
Order 12630, Governmental Actions and analysis checklist and a categorical receives adverse comments by March
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![10592 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations
30, 2015. If adverse comments are to EPA without going through the following dates: 2008 Pb—October
received, EPA will publish a timely www.regulations.gov your email address 12, 2011, and supplemented on June 7,
withdrawal of the direct final rule in the will be automatically captured and 2013; 2008 ozone—December 27, 2012,
Federal Register informing the public included as part of the comment that is and supplemented on June 7, 2013;
that the rule will not take effect. placed in the public docket and made 2010 NO2—February 8, 2013, and
ADDRESSES: Submit your comments, available on the Internet. If you submit supplemented on February 25, 2013,
identified by Docket ID No. EPA–R05– an electronic comment, EPA and June 7, 2013; and, 2010 SO2—June
OAR–2011–0888 (2008 Pb infrastructure recommends that you include your 7, 2013.
elements), EPA–R05–OAR–2011–0969 name and other contact information in The requirement for states to make a
(2008 ozone infrastructure elements), the body of your comment and with any SIP submission of this type arises out of
EPA–R05–OAR–2012–0991 (2010 NO2 disk or CD–ROM you submit. If EPA CAA section 110(a)(1). Pursuant to
infrastructure elements), or EPA–R05– cannot read your comment due to section 110(a)(1), states must make SIP
OAR–2013–0435 (2010 SO2 technical difficulties and cannot contact submissions ‘‘within 3 years (or such
infrastructure elements) by one of the you for clarification, EPA may not be shorter period as the Administrator may
following methods: able to consider your comment. prescribe) after the promulgation of a
1. www.regulations.gov: Follow the Electronic files should avoid the use of national primary ambient air quality
on-line instructions for submitting special characters, any form of standard (or any revision thereof),’’ and
comments. encryption, and be free of any defects or these SIP submissions are to provide for
2. Email: aburano.douglas@epa.gov. viruses. the ‘‘implementation, maintenance, and
3. Fax: (312) 408–2279. Docket: All documents in the docket enforcement’’ of such NAAQS. The
4. Mail: Douglas Aburano, Chief, are listed in the www.regulations.gov statute directly imposes on states the
Attainment Planning and Maintenance index. Although listed in the index, duty to make these SIP submissions,
Section, Air Programs Branch (AR–18J), some information is not publicly and the requirement to make the
U.S. Environmental Protection Agency, available, e.g., CBI or other information submissions is not conditioned upon
77 West Jackson Boulevard, Chicago, whose disclosure is restricted by statute. EPA’s taking any action other than
Illinois 60604. Certain other material, such as promulgating a new or revised NAAQS.
5. Hand Delivery: Douglas Aburano, copyrighted material, will be publicly Section 110(a)(2) includes a list of
Chief, Attainment Planning and available only in hard copy. Publicly specific elements that ‘‘[e]ach such
Maintenance Section, Air Programs available docket materials are available plan’’ submission must address.
Branch (AR–18J), U.S. Environmental either electronically in This specific rule making is only
Protection Agency, 77 West Jackson www.regulations.gov or in hard copy at taking action on the PSD elements of
Boulevard, Chicago, Illinois 60604. the Environmental Protection Agency, these submittals. The majority of the
Such deliveries are only accepted Region 5, Air and Radiation Division, 77 other infrastructure elements were
during the Regional Office normal hours West Jackson Boulevard, Chicago, addressed in proposed rulemaking
of operation, and special arrangements Illinois 60604. This facility is open from published July 25, 2014 (79 FR 43338).
should be made for deliveries of boxed 8:30 a.m. to 4:30 p.m., Monday through Final action was taken on those
information. The Regional Office official Friday, excluding Federal holidays. We elements on October 6, 2014, for 2008
hours of business are Monday through recommend that you telephone Sarah Pb and 2010 NO2 (79 FR 60075),1 and
Friday, 8:30 a.m. to 4:30 p.m., excluding Arra, Environmental Scientist, at (312) on October 16, 2014, for 2008 ozone (79
Federal holidays. 886–9401 before visiting the Region 5 FR 62019).2 The infrastructure elements
Instructions: Direct your comments to office. for PSD are found in CAA 110(a)(2)(C),
Docket ID. EPA–R05–OAR–2011–0888 FOR FURTHER INFORMATION CONTACT:
110(a)(2)(D), and 110(a)(2)(J) and will be
(2008 Pb infrastructure elements), EPA– Sarah Arra, Environmental Scientist, discussed in detail below. For further
R05–OAR–2011–0969 (2008 ozone Attainment Planning and Maintenance discussion on the background of
infrastructure elements), EPA–R05– Section, Air Programs Branch (AR–18J), infrastructure submittals, see 79 FR
OAR–2012–0991 (2010 NO2 Environmental Protection Agency, 43338.
infrastructure elements), or EPA–R05– Region 5, 77 West Jackson Boulevard, II. What is EPA’s review of these SIP
OAR–2013–0435 (2010 SO2 Chicago, Illinois 60604, (312) 886–9401, submissions?
infrastructure elements). EPA’s policy is arra.sarah@epa.gov.
that all comments received will be A. Section 110(a)(2)(C)—Program for
SUPPLEMENTARY INFORMATION:
included in the public docket without Enforcement of Control Measures; PSD
Throughout this document whenever
change and may be made available ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean States are required to include a
online at www.regulations.gov, EPA. This SUPPLEMENTARY INFORMATION program providing for enforcement of
including any personal information section is arranged as follows: all SIP measures and the regulation of
provided, unless the comment includes construction of new or modified
I. What is the background of these SIP
information claimed to be Confidential submissions?
stationary sources to meet new source
Business Information (CBI) or other II. What is EPA’s review of these SIP review (NSR) requirements under PSD
information whose disclosure is submissions? and nonattainment new source review
restricted by statute. Do not submit III. What action is EPA taking?
information that you consider to be CBI IV. Statutory and Executive Order Reviews 1 Specifically, sections 110(a)(2)(A) through (H),
or otherwise protected through and (J) through (M) for the 2008 lead and 2010 NO2
I. What is the background of these SIP NAAQS except the prevention of significant
www.regulations.gov or email. The
tkelley on DSK3SPTVN1PROD with RULES
deterioration requirements in sections 110(a)(2)(C),
www.regulations.gov Web site is an submissions? (D)(i)(II), and (J), the visibility portion of (J).
‘‘anonymous access’’ system, which This rulemaking addresses 2 Specifically, sections 110(a)(2)(A) through (H),
means EPA will not know your identity submissions from the Ohio and (J) through (M) for the 2008 ozone NAAQS
except the prevention of significant deterioration
or contact information unless you Environmental Protection Agency (Ohio requirements in sections 110(a)(2)(C), (D)(i)(II), and
provide it in the body of your comment. EPA). The state submitted its (J), the visibility portion of (J) and the interstate
If you send an email comment directly infrastructure SIP for each NAAQS on transport portion of 110(a)(2)(D)(i).
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![10596 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations
• Does not contain any unfunded purposes of judicial review nor does it through (H), and (J) through (M) for the
mandate or significantly or uniquely extend the time within which a petition 2008 Ozone NAAQS. We are not
affect small governments, as described for judicial review may be filed, and finalizing action on section
in the Unfunded Mandates Reform Act shall not postpone the effectiveness of 110(a)(2)(D)(i)(I)—Interstate transport
of 1995 (Pub. L. 104–4); such rule or action. Parties with prongs 1 and 2 or visibility portions of
• Does not have Federalism objections to this direct final rule are section 110(a)(2)(D)(i)(II) and
implications as specified in Executive encouraged to file a comment in 110(a)(2)(J).
Order 13132 (64 FR 43255, August 10, response to the parallel notice of (h) Approval—In a June 7, 2013,
1999); proposed rulemaking for this action submittal, Ohio certified that the State
• Is not an economically significant published in the proposed rules section has satisfied the infrastructure SIP
regulatory action based on health or of today’s Federal Register, rather than requirements of section 110(a)(2)(A)
safety risks subject to Executive Order file an immediate petition for judicial through (H), and (J) through (M) for the
13045 (62 FR 19885, April 23, 1997); review of this direct final rule, so that 2010 SO2 NAAQS. We are only taking
• Is not a significant regulatory action EPA can withdraw this direct final rule action on the PSD portions 110(a)(2)(C),
subject to Executive Order 13211 (66 FR and address the comment in the (D)(i), and (J).
28355, May 22, 2001); proposed rulemaking. This action may
• Is not subject to requirements of not be challenged later in proceedings to
[FR Doc. 2015–04011 Filed 2–26–15; 8:45 am]
Section 12(d) of the National BILLING CODE 6560–50–P
enforce its requirements. (See section
Technology Transfer and Advancement 307(b)(2).)
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would List of Subjects in 40 CFR Part 52 ENVIRONMENTAL PROTECTION
be inconsistent with the Clean Air Act; AGENCY
Environmental protection, Air
and pollution control, Incorporation by 40 CFR Parts 60, 61, and 63
• Does not provide EPA with the reference, Intergovernmental relations,
discretionary authority to address, as Lead, Nitrogen dioxide, Ozone, [EPA–R07–OAR–2015–0016; FRL–9923–69–
appropriate, disproportionate human Region–7]
Reporting and recordkeeping
health or environmental effects, using requirements, Sulfur oxides.
practicable and legally permissible Delegation of Authority to the States of
Dated: February 17, 2015. Iowa; Kansas; Missouri; Nebraska;
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Susan Hedman, Lincoln-Lancaster County, NE; and
In addition, the SIP is not approved Regional Administrator, Region 5. City of Omaha, NE., for New Source
to apply on any Indian reservation land 40 CFR part 52 is amended as follows: Performance Standards (NSPS),
or in any other area where EPA or an National Emission Standards for
Indian tribe has demonstrated that a PART 52—APPROVAL AND Hazardous Air Pollutants (NESHAP)
tribe has jurisdiction. In those areas of PROMULGATION OF Including Maximum Achievable
Indian country, the rule does not have IMPLEMENTATION PLANS Control Technology (MACT) Standards
tribal implications and will not impose AGENCY: Environmental Protection
substantial direct costs on tribal ■ 1. The authority citation for part 52
continues to read as follows: Agency (EPA).
governments or preempt tribal law as
ACTION: Delegation of authority.
specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq.
FR 67249, November 9, 2000). ■ 2. Section 52.1891 is amended by SUMMARY: The States of Iowa, Kansas,
The Congressional Review Act, 5 Missouri, and Nebraska and the local
revising paragraphs (e) through (g) and
U.S.C. 801 et seq., as added by the Small agencies of Lincoln-Lancaster County,
adding paragraph (h) to read as follows:
Business Regulatory Enforcement Nebraska, and the city of Omaha,
Fairness Act of 1996, generally provides § 52.1891 Section 110(a)(2) infrastructure Nebraska, have submitted updated
that before a rule may take effect, the requirements. regulations for delegation of EPA
agency promulgating the rule must * * * * * authority for implementation and
submit a rule report, which includes a (e) Approval—In a October 12, 2011, enforcement of NSPS, NESHAP, and
copy of the rule, to each House of the submittal, supplemented on June 7, MACT standards. The submissions
Congress and to the Comptroller General 2013, Ohio certified that the State has cover new EPA standards and, in some
of the United States. EPA will submit a satisfied the infrastructure SIP instances, revisions to standards
report containing this action and other requirements of section 110(a)(2)(A) previously delegated. EPA’s review of
required information to the U.S. Senate, through (H), and (J) through (M) for the the pertinent regulations shows that
the U.S. House of Representatives, and 2008 Lead NAAQS. they contain adequate and effective
the Comptroller General of the United (f) Approval—In a February 8, 2013, procedures for the implementation and
States prior to publication of the rule in submittal, supplemented on February enforcement of these Federal standards.
the Federal Register. A major rule 25, 2013, and June 7, 2013, Ohio This action informs the public of
cannot take effect until 60 days after it certified that the State has satisfied the delegations to the above-mentioned
is published in the Federal Register. infrastructure SIP requirements of agencies.
This action is not a ‘‘major rule’’ as section 110(a)(2)(A) through (H), and (J)
defined by 5 U.S.C. 804(2). through (M) for the 2010 NO2 NAAQS. DATES: This document is effective on
Under section 307(b)(1) of the CAA, We are not finalizing action on the February 27, 2015. The dates of
petitions for judicial review of this visibility protection requirements of delegation can be found in the
tkelley on DSK3SPTVN1PROD with RULES
action must be filed in the United States (D)(i)(II). SUPPLEMENTARY INFORMATION section of
Court of Appeals for the appropriate (g) Approval—In a December 27, this document.
circuit by April 28, 2015. Filing a 2012, submittal, supplemented on June ADDRESSES: Copies of documents
petition for reconsideration by the 7, 2013, Ohio certified that the State has relative to this action are available for
Administrator of this final rule does not satisfied the infrastructure SIP public inspection during normal
affect the finality of this action for the requirements of section 110(a)(2)(A) business hours at the Environmental
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Document Created: 2015-12-18 13:14:56
Document Modified: 2015-12-18 13:14:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective April 28, 2015, unless EPA receives adverse comments by March 30, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected] | |
| FR Citation | 80 FR 10591 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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