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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules
comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be Confidential Business Information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Charmagne Ackerman, Environmental Engineer, Air Permits Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 8860448, ackerman.charmagne@epa.gov. The EPA Region 5 office is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.

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I. What action is EPA taking?
EPA is proposing to approve paragraph F2biv of ORC 3740.03
into the Ohio SIP. On October 27, 2020, EPA received a submittal from the Ohio Environmental Protection Agency OEPA requesting the approval of the ORC Permit Expiration Provision at ORC 3740.03 F2biv into Ohios SIP. In 2009, the Ohio General Assembly modified portions of ORC
3704.03 to update the requirements for the expiration of air pollution installation permits. Specifically, the modification included paragraph F2b, which prescribes that installation permits are initially effective for 18 months, but the 18month time period can be modified for cause as described in the law. This
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portion of the ORC became effective October 16, 2009.
The majority of the provisions in ORC
3704.03 paragraph F2b are contained in Ohio Administrative Code OAC rule 37453107, which was most recently approved into the SIP on August 24, 2015 80 FR 36477.
However, paragraph F2biv is not part of OAC 37453107, and OEPA has requested that the paragraph be approved into the SIP.
On January 12, 2021, OEPA submitted a letter to further clarify several implementation aspects of the submittal, as discussed below.
Paragraph F2biv allows for an installation permit to be extended beyond 18 months if the installation permit is subject to appeal by a party other than the owner or operator of the air contaminant source that is subject of the installation permit. In the case as described, the termination date of the installation permit will not be later than 18 months after the effective date of the permit plus the number of days between the date in which the permit was appealed and the date on which all appeals concerning the permit have been resolved. The Federal Prevention of Significant Deterioration PSD rules at 40 CFR 52.21r2 describes the timing that the owner/operator must begin construction of a PSD source including the requirement that the construction must start within 18
months after receipt of approval.
Subparagraph r2 also stated that the EPA Administrator may extend the 18month time period upon a satisfactory showing that an extension is justified.
EPA finds that the language in paragraph F2biv is consistent with the Federal PSD regulations.
The January 12, 2021, letter from OEPA provided assurance that in the instance of a lengthy appeal process, OEPA fully maintains its discretion to re-assess the permit to ensure that it is consistent with Federal regulations and guidance. Additionally, OEPA is able to utilize existing mechanisms on its website to notify the public of the extended permit. These clarifications ensure that the provisions are consistent with Federal regulations, and thus, approvable. Since it only affects the timing associated with an affected installation permits termination date, the requested SIP revision does not impact the amount of emissions associated with any law, rule, or permit.
Thus, the revision does not interfere with any applicable requirement concerning attainment and reasonable further progress as defined in CAA
Section 171, or any other applicable requirements of the CAA. Therefore, a
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detailed CAA Section 110l analysis is not necessary.
II. Incorporation by Reference In this action, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Ohio Revised Code section 3704.03F2biv, effective October 16, 2009, discussed in Section I of this action. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA
Region 5 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Is not an Executive Order 13771 82
FR 9339, February 2, 2017 regulatory action because it is not a significant regulatory action under Executive Order 12866;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
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
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