81 FR 64072 - Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 181 (September 19, 2016)
Federal Register Volume 81, Issue 181 (September 19, 2016)
| Page Range | 64072-64074 | |
| FR Document | 2016-22360 |
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)] [Rules and Regulations] [Pages 64072-64074] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22360] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0824; FRL-9952-42-Region 5] Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of the state implementation plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. The proposed rule associated with this final action was published on June 23, 2016, and we received no comments. DATES: This final rule is effective on October 19, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0824. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or 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 Joseph Ko, Environmental Engineer, at (312) 886-7947 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer, Attainment Planning and Maintenance, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7947, [email protected]. 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 did Ohio submit, and what is the scope of EPA's action? II. What action is EPA taking? III. Statutory and Executive Order Reviews I. What did Ohio submit, and what is the scope of EPA's action? A. What state SIP submission does this rulemaking address? This rulemaking addresses a submission from the Ohio Environmental Protection Agency (OEPA), describing its infrastructure SIP for the 2012 PM2.5 NAAQS, dated December 4, 2015. [[Page 64073]] B. Why did the state make this SIP submission? Under sections 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2012 PM2.5 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements. EPA highlighted this statutory requirement in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards'' (2007 Memo) and has issued additional guidance documents, the most recent on September 13, 2013, ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 Memo). The SIP submission referenced in this rulemaking pertains to the applicable requirements of section 110(a)(1) and (2), and addresses the 2012 PM2.5 NAAQS. To the extent that the prevention of significant deterioration (PSD) program is non-NAAQS specific, a narrow evaluation of other aspects of Ohio's submittal pertinent to the NAAQS will be included in the appropriate sections. C. What is the scope of this rulemaking? EPA is acting upon the SIP submission from OEPA that addresses the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2012 PM2.5 NAAQS. The requirement for states to make a SIP submission of this type is in CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to address the nonattainment planning requirements of part D of title I of the CAA, ``regional haze SIP'' submissions required by EPA rule to address the visibility protection requirements of CAA section 169A, and nonattainment new source review (NNSR) permit program submissions to address the permit requirements of CAA, title I, part D. This rulemaking will not cover four substantive areas that are not integral to acting on a state's infrastructure SIP submission: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction at sources, that may be contrary to the CAA and EPA's policies addressing such excess emissions (``SSM''); (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that purport to permit revisions to SIP- approved emissions limits with limited public process or without requiring further approval by EPA, that may be contrary to the CAA (``director's discretion''); (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's ``Final New Source Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''); and (iv) transport provisions under section 110(a)(2)(D). Instead, EPA has the authority to, and plans to, address each one of these substantive areas in separate rulemakings. A detailed history and interpretation of infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' (see 79 FR 27241 at 27242--27245). II. What action is EPA taking? EPA is approving most elements of the submission from OEPA certifying that its current SIP is sufficient to meet the required infrastructure elements under sections 110(a)(1) and (2) for the 2012 PM2.5 NAAQS. The proposed rulemaking associated with this final action was published on June 23, 2016 (81 FR 40827), and EPA received no comments during the comment period, which ended on July 25, 2016. For the reasons discussed in the proposed rulemaking, EPA is therefore taking final action to approve most elements, as proposed, of Ohio's submissions. EPA's final actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) are contained in the table below. ------------------------------------------------------------------------ Element 2012 PM2.5 ------------------------------------------------------------------------ (A): Emission limits and other control A measures. (B): Ambient air quality monitoring and data A system. (C): Program for enforcement of control A measures. (D) 1: Interstate Transport--Significant NA contribution. (D) 2: Interstate Transport--interfere with NA maintenance. (D) 3: PSD................................... A (D) 4: Visibility............................ NA (D) 5: Interstate and International Pollution A Abatement. (E): Adequate resources...................... A (E): State boards............................ A (F): Stationary source monitoring system..... A (G): Emergency power......................... A (H): Future SIP revisions.................... A (I): Nonattainment area plan or plan + revisions under 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 and data........... A (L): Permitting fees......................... A (M): Consultation and participation by A affected local entities. ------------------------------------------------------------------------ In the above table, the key is as follows: A Approve. NA No Action/Separate Rulemaking. + Not germane to infrastructure SIPs. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); [[Page 64074]] 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). 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 November 18, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 30, 2016. Robert A. Kaplan, Acting 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. In Sec. 52.1870, the table in paragraph (e) is amended by adding an entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 PM 2.5 NAAQS'' after the entry ``Section 110(a)(2) infrastructure requirements for the 2006 PM2.5 NAAQS'' under ``Infrastructure Requirements'' to read as follows: Sec. 52.1870 Identification of plan. * * * * * (e) * * * EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable Title geographical or non- State date EPA approval Comments attainment area -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Infrastructure Requirements -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) infrastructure Statewide............ 12/2/2015 9/19/2016, [Insert Federal Register Addresses the following CAA elements: requirements for the 2012 PM citation]. 110(a)(2)(A)-(C), (D)(iii), (D)(v), NAAQS. (E)-(H), (J)(i), (J)(ii), (J)(iii), (K)-(M). * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-22360 Filed 9-16-16; 8:45 am] BILLING CODE 6560-50-P
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significant regulatory action under PART 52—APPROVAL AND requirements are designed to ensure that
Executive Order 12866. PROMULGATION OF the structural components of each
IMPLEMENTATION PLANS state’s air quality management program
I. National Technology Transfer and
are adequate to meet the state’s
Advancement Act ■ 1. The authority citation for part 52 responsibilities under the CAA. The
This rulemaking does not involve continues to read as follows: proposed rule associated with this final
technical standards. Authority: 42 U.S.C. 7401 et seq. action was published on June 23, 2016,
J. Executive Order 12898: Federal and we received no comments.
Actions To Address Environmental Subpart FF—New Jersey
DATES:This final rule is effective on
Justice in Minority Populations and October 19, 2016.
■ 2. Section 52.1586 is amended by
Low-Income Populations
adding paragraph (b) and adding and ADDRESSES: EPA has established a
EPA believes the human health or reserving paragraph (c) to read as docket for this action under Docket ID
environmental risk addressed by this follows: No. EPA–R05–OAR–2015–0824. All
action will not have potential documents in the docket are listed on
disproportionately high and adverse § 52.1586 Section 110(a)(2) infrastructure
requirements. the www.regulations.gov Web site.
human health or environmental effects Although listed in the index, some
on minority, low-income or indigenous * * * * *
information is not publicly available,
populations because it does not affect (b) 2008 Lead, 2008 8-hour ozone,
i.e., Confidential Business Information
the level of protection provided to 2010 NO2, 2010 SO2, 2012 PM2.5, 2006
(CBI) or other information whose
human health or the environment. This PM10 and 2011 CO NAAQS—(1)
disclosure is restricted by statute.
action merely partially approves and Approval. Submittal from New Jersey
Certain other material, such as
partially disapproves a SIP submittal dated October 17, 2014 to address the
copyrighted material, is not placed on
from the State of New Jersey. CAA infrastructure requirements of
the Internet and will be publicly
section 110(a)(2) for the 2008 Lead, 2008
K. Congressional Review Act (CRA) available only in hard copy form.
8-hour ozone, 2010 NO2, 2010 SO2, 2012
This action is subject to the CRA, and Publicly available docket materials are
PM2.5, 2006 PM10 and 2011 CO NAAQS
EPA will submit a rule report to each available either through
is approved for (D)(i)(II) prong 4
House of the Congress and to the www.regulations.gov or at the
(visibility).
Comptroller General of the United (2) Disapproval. Submittal from New Environmental Protection Agency,
States prior to publication of the rule in Jersey dated October 17, 2014 to address Region 5, Air and Radiation Division, 77
the Federal Register. A major rule the CAA infrastructure requirements of West Jackson Boulevard, Chicago,
cannot take effect until 60 days after it section 110(a)(2) for the 2008 Lead, 2008 Illinois 60604. This facility is open from
is published in the Federal Register. 8-hour ozone, 2010 NO2, 2010 SO2, 2012 8:30 a.m. to 4:30 p.m., Monday through
This action is not a ‘‘major rule’’ as PM2.5, 2006 PM10 and 2011 CO NAAQS Friday, excluding Federal holidays. We
defined by 5 U.S.C. 804(2). is disapproved for (D)(i)(II) prong 3 (PSD recommend that you telephone Joseph
program only). These requirements are Ko, Environmental Engineer, at (312)
L. Judicial Review 886–7947 before visiting the Region 5
being addressed by § 52.1603 which has
Under section 307(b)(1) of the CAA, been delegated to New Jersey to office.
petitions for judicial review of this implement. FOR FURTHER INFORMATION CONTACT:
action must be filed in the United States (c) [Reserved] Joseph Ko, Environmental Engineer,
Court of Appeals for the appropriate Attainment Planning and Maintenance,
circuit by November 18, 2016. Filing a [FR Doc. 2016–22400 Filed 9–16–16; 8:45 am]
BILLING CODE 6560–50–P
Air Programs Branch (AR–18J),
petition for reconsideration by the Environmental Protection Agency,
Administrator of this final rule does not Region 5, 77 West Jackson Boulevard,
affect the finality of this action for the Chicago, Illinois 60604, (312) 886–7947,
purposes of judicial review nor does it ENVIRONMENTAL PROTECTION
AGENCY ko.joseph@epa.gov.
extend the time within which a petition
for judicial review may be filed, and SUPPLEMENTARY INFORMATION:
40 CFR Part 52
shall not postpone the effectiveness of Throughout this document whenever
such rule or action. This action may not [EPA–R05–OAR–2015–0824; FRL–9952–42– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
be challenged later in proceedings to Region 5] EPA. This supplementary information
enforce its requirements. (See CAA section is arranged as follows:
Air Plan Approval; Ohio; Infrastructure
section 307(b)(2)). I. What did Ohio submit, and what is the
SIP Requirements for the 2012 PM2.5
List of Subjects in 40 CFR Part 52 scope of EPA’s action?
NAAQS
II. What action is EPA taking?
Environmental protection, Air AGENCY: Environmental Protection III. Statutory and Executive Order Reviews
pollution control, Intergovernmental Agency (EPA).
relations, Incorporation by reference, I. What did Ohio submit, and what is
ACTION: Final rule.
Carbon monoxide, Lead, Nitrogen the scope of EPA’s action?
dioxide, Ozone, Particulate matter, SUMMARY: The Environmental Protection A. What state SIP submission does this
Sulfur dioxide, Volatile organic Agency (EPA) is approving elements of rulemaking address?
compounds. the state implementation plan (SIP)
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Authority: 42 U.S.C. 7401 et seq. submission from Ohio regarding the This rulemaking addresses a
Dated: September 6, 2016. infrastructure requirements of section submission from the Ohio
110 of the Clean Air Act (CAA) for the Environmental Protection Agency
Judith A. Enck,
2012 fine particulate matter (PM2.5) (OEPA), describing its infrastructure SIP
Regional Administrator, Region 2.
National Ambient Air Quality Standards for the 2012 PM2.5 NAAQS, dated
40 CFR part 52 is amended as follows: (NAAQS). The infrastructure December 4, 2015.
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B. Why did the state make this SIP of satisfying the requirements of CAA which ended on July 25, 2016. For the
submission? sections 110(a)(1) and 110(a)(2) as reasons discussed in the proposed
Under sections 110(a)(1) and (2) of the ‘‘infrastructure SIP’’ submissions. rulemaking, EPA is therefore taking
CAA, states are required to submit Although the term ‘‘infrastructure SIP’’ final action to approve most elements,
infrastructure SIPs to ensure that their does not appear in the CAA, EPA uses as proposed, of Ohio’s submissions.
SIPs provide for implementation, the term to distinguish this particular EPA’s final actions for the state’s
maintenance, and enforcement of the type of SIP submission from satisfaction of infrastructure SIP
NAAQS, including the 2012 PM2.5 submissions that are intended to satisfy requirements, by element of section
other SIP requirements under the CAA, 110(a)(2) are contained in the table
NAAQS. These submissions must
such as ‘‘nonattainment SIP’’ or below.
contain any revisions needed for
‘‘attainment plan SIP’’ submissions to
meeting the applicable SIP requirements
address the nonattainment planning 2012
of section 110(a)(2), or certifications that Element PM2.5
requirements of part D of title I of the
their existing SIPs for the NAAQS
CAA, ‘‘regional haze SIP’’ submissions
already meet those requirements. (A): Emission limits and other control A
required by EPA rule to address the
EPA highlighted this statutory measures.
visibility protection requirements of (B): Ambient air quality monitoring A
requirement in an October 2, 2007,
CAA section 169A, and nonattainment and data system.
guidance document entitled ‘‘Guidance
new source review (NNSR) permit (C): Program for enforcement of con- A
on SIP Elements Required Under
program submissions to address the trol measures.
Sections 110(a)(1) and (2) for the 1997
permit requirements of CAA, title I, part (D) 1: Interstate Transport—Signifi- NA
8-hour Ozone and PM2.5 National
D. cant contribution.
Ambient Air Quality Standards’’ (2007 This rulemaking will not cover four (D) 2: Interstate Transport—interfere NA
Memo) and has issued additional substantive areas that are not integral to with maintenance.
guidance documents, the most recent on acting on a state’s infrastructure SIP (D) 3: PSD ......................................... A
September 13, 2013, ‘‘Guidance on submission: (i) Existing provisions (D) 4: Visibility .................................... NA
Infrastructure State Implementation (D) 5: Interstate and International A
related to excess emissions during Pollution Abatement.
Plan (SIP) Elements under CAA periods of start-up, shutdown, or
Sections 110(a)(1) and (2)’’ (2013 (E): Adequate resources .................... A
malfunction at sources, that may be (E): State boards ............................... A
Memo). The SIP submission referenced contrary to the CAA and EPA’s policies (F): Stationary source monitoring A
in this rulemaking pertains to the addressing such excess emissions system.
applicable requirements of section (‘‘SSM’’); (ii) existing provisions related (G): Emergency power ...................... A
110(a)(1) and (2), and addresses the to ‘‘director’s variance’’ or ‘‘director’s (H): Future SIP revisions ................... A
2012 PM2.5 NAAQS. To the extent that discretion’’ that purport to permit (I): Nonattainment area plan or plan +
the prevention of significant revisions to SIP-approved emissions revisions under part D.
deterioration (PSD) program is non- limits with limited public process or (J) 1: Consultation with government A
NAAQS specific, a narrow evaluation of officials.
without requiring further approval by (J) 2: Public notification ..................... A
other aspects of Ohio’s submittal EPA, that may be contrary to the CAA (J) 3: PSD .......................................... A
pertinent to the NAAQS will be (‘‘director’s discretion’’); (iii) existing (J) 4: Visibility protection ................... +
included in the appropriate sections. provisions for PSD programs that may (K): Air quality modeling and data ..... A
C. What is the scope of this rulemaking? be inconsistent with current (L): Permitting fees ............................ A
requirements of EPA’s ‘‘Final New (M): Consultation and participation by A
EPA is acting upon the SIP Source Review (NSR) Improvement affected local entities.
submission from OEPA that addresses Rule,’’ 67 FR 80186 (December 31,
the infrastructure requirements of CAA In the above table, the key is as follows:
2002), as amended by 72 FR 32526 (June A Approve.
sections 110(a)(1) and 110(a)(2) for the 13, 2007) (‘‘NSR Reform’’); and (iv) NA No Action/Separate Rulemaking.
2012 PM2.5 NAAQS. The requirement transport provisions under section + Not germane to infrastructure SIPs.
for states to make a SIP submission of 110(a)(2)(D). Instead, EPA has the
this type is in CAA section 110(a)(1). III. Statutory and Executive Order
authority to, and plans to, address each Reviews
Pursuant to section 110(a)(1), states one of these substantive areas in
must make SIP submissions ‘‘within 3 separate rulemakings. A detailed history Under the CAA, the Administrator is
years (or such shorter period as the and interpretation of infrastructure SIP required to approve a SIP submission
Administrator may prescribe) after the requirements can be found in EPA’s that complies with the provisions of the
promulgation of a national primary May 13, 2014, proposed rule entitled, CAA and applicable Federal regulations.
ambient air quality standard (or any ‘‘Infrastructure SIP Requirements for the 42 U.S.C. 7410(k); 40 CFR 52.02(a).
revision thereof),’’ and these SIP 2008 Lead NAAQS’’ in the section, Thus, in reviewing SIP submissions,
submissions are to provide for the ‘‘What is the scope of this rulemaking?’’ EPA’s role is to approve state choices,
‘‘implementation, maintenance, and (see 79 FR 27241 at 27242—27245). provided that they meet the criteria of
enforcement’’ of such NAAQS. The the CAA. Accordingly, this action
statute directly imposes on states the II. What action is EPA taking? merely approves state law as meeting
duty to make these SIP submissions, EPA is approving most elements of Federal requirements and does not
and the requirement to make the the submission from OEPA certifying impose additional requirements beyond
submissions is not conditioned upon that its current SIP is sufficient to meet those imposed by state law. For that
EPA’s taking any action other than the required infrastructure elements reason, this action:
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promulgating a new or revised NAAQS. under sections 110(a)(1) and (2) for the • Is not a significant regulatory action
Section 110(a)(2) includes a list of 2012 PM2.5 NAAQS. The proposed subject to review by the Office of
specific elements that ‘‘[e]ach such rulemaking associated with this final Management and Budget under
plan’’ submission must address. action was published on June 23, 2016 Executive Orders 12866 (58 FR 51735,
EPA has historically referred to these (81 FR 40827), and EPA received no October 4, 1993) and 13563 (76 FR 3821,
SIP submissions made for the purpose comments during the comment period, January 21, 2011);
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• Does not impose an information or in any other area where EPA or an for judicial review may be filed, and
collection burden under the provisions Indian tribe has demonstrated that a shall not postpone the effectiveness of
of the Paperwork Reduction Act (44 tribe has jurisdiction. In those areas of such rule or action. This action may not
U.S.C. 3501 et seq.); Indian country, the rule does not have be challenged later in proceedings to
• Is certified as not having a tribal implications and will not impose enforce its requirements. (See section
significant economic impact on a substantial direct costs on tribal 307(b)(2).)
substantial number of small entities governments or preempt tribal law as
under the Regulatory Flexibility Act (5 List of Subjects in 40 CFR Part 52
specified by Executive Order 13175 (65
U.S.C. 601 et seq.); FR 67249, November 9, 2000). Environmental protection, Air
• Does not contain any unfunded The Congressional Review Act, 5 pollution control, Incorporation by
mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small reference, Intergovernmental relations,
affect small governments, as described Business Regulatory Enforcement Particulate matter, Reporting and
in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides recordkeeping requirements.
of 1995 (Pub. L. 104–4); that before a rule may take effect, the Dated: August 30, 2016.
• Does not have Federalism agency promulgating the rule must Robert A. Kaplan,
implications as specified in Executive submit a rule report, which includes a
Order 13132 (64 FR 43255, August 10, Acting Regional Administrator, Region 5.
copy of the rule, to each House of the
1999); Congress and to the Comptroller General 40 CFR part 52 is amended as follows:
• Is not an economically significant
of the United States. EPA will submit a
regulatory action based on health or PART 52—APPROVAL AND
report containing this action and other
safety risks subject to Executive Order PROMULGATION OF
required information to the U.S. Senate,
13045 (62 FR 19885, April 23, 1997); IMPLEMENTATION PLANS
• Is not a significant regulatory action the U.S. House of Representatives, and
subject to Executive Order 13211 (66 FR the Comptroller General of the United ■ 1. The authority citation for part 52
28355, May 22, 2001); States prior to publication of the rule in continues to read as follows:
• Is not subject to requirements of the Federal Register. A major rule
cannot take effect until 60 days after it Authority: 42 U.S.C. 7401 et seq.
Section 12(d) of the National
Technology Transfer and Advancement is published in the Federal Register. ■ 2. In § 52.1870, the table in paragraph
Act of 1995 (15 U.S.C. 272 note) because This action is not a ‘‘major rule’’ as (e) is amended by adding an entry for
application of those requirements would defined by 5 U.S.C. 804(2). ‘‘Section 110(a)(2) Infrastructure
be inconsistent with the CAA; and Under section 307(b)(1) of the CAA, Requirements for the 2012 PM2.5
• Does not provide EPA with the petitions for judicial review of this NAAQS’’ after the entry ‘‘Section
discretionary authority to address, as action must be filed in the United States 110(a)(2) infrastructure requirements for
appropriate, disproportionate human Court of Appeals for the appropriate the 2006 PM2.5 NAAQS’’ under
health or environmental effects, using circuit by November 18, 2016. Filing a ‘‘Infrastructure Requirements’’ to read as
practicable and legally permissible petition for reconsideration by the follows:
methods, under Executive Order 12898 Administrator of this final rule does not
(59 FR 7629, February 16, 1994). affect the finality of this action for the § 52.1870 Identification of plan.
In addition, the SIP is not approved purposes of judicial review nor does it * * * * *
to apply on any Indian reservation land extend the time within which a petition (e) * * *
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
Title geographical or State date EPA approval Comments
non-attainment area
* * * * * * *
Infrastructure Requirements
* * * * * * *
Section 110(a)(2) infrastructure requirements Statewide ................... 12/2/2015 9/19/2016, [Insert Federal Addresses the following
for the 2012 PM2.5 NAAQS. Register citation]. CAA elements:
110(a)(2)(A)–(C), (D)(iii),
(D)(v), (E)–(H), (J)(i),
(J)(ii), (J)(iii), (K)–(M).
* * * * * * *
* * * * *
rmajette on DSK2TPTVN1PROD with RULES
[FR Doc. 2016–22360 Filed 9–16–16; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014 14:11 Sep 16, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\19SER1.SGM 19SER1](https://thefederalregister.org/doc/81_FR_64253/page/3.svg)
Document Created: 2016-09-17 02:30:06
Document Modified: 2016-09-17 02:30:06
| 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 | Final rule. | |
| Dates | This final rule is effective on October 19, 2016. | |
| Contact | Joseph Ko, Environmental Engineer, Attainment Planning and Maintenance, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7947, [email protected] | |
| FR Citation | 81 FR 64072 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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