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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules
comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Rachel Rineheart, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 8867017, Rineheart.Rachel@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. This supplementary information section is arranged as follows:
I. What is the background of this SIP
submission?
II. What is EPAs analysis of this SIP
submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
Whenever EPA promulgates a new or revised NAAQS, CAA section 110a1
requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. This type of SIP submission is commonly referred to as an infrastructure SIP. These submissions must meet the various requirements of CAA section 110a2, as applicable.
Due to ambiguity in some of the language of CAA section 110a2, EPA
believes that it is appropriate to interpret these provisions in the specific context of acting on infrastructure SIP
submissions. EPA has previously provided comprehensive guidance on the application of these provisions through our September 13, 2013, Infrastructure SIP Guidance EPAs 2013
Guidance and through regional actions on infrastructure submissions.1 Unless 1 EPA explains and elaborates on these ambiguities and its approach to address them in our September 13, 2013, Infrastructure SIP Guidance available at https www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf, as well as in numerous
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otherwise noted below, we are following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, EPA evaluates the submitting states SIP for facial compliance with statutory and regulatory requirements, not for the states implementation of its SIP.2 EPA
has other authority to address any issues concerning a states implementation of the rules, regulations, consent orders, etc. that comprise its SIP.
II. What is EPAs analysis of this SIP
submission?
On September 28, 2018, Ohio provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 110a2 for the 2015 ozone NAAQS, as applicable. The following review evaluates the states submission.
A. Section 110a2AEmission Limits and Other Control Measures This section requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. EPA has long interpreted emission limits and control measures for attaining the standards as being due when nonattainment planning requirements are due.3 In the context of an infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether the states SIP has basic structural provisions for the implementation of the NAAQS.
Under Ohio Revised Code ORC
3704.03, the Ohio Environmental Protection Agency OEPA holds the authority to create new rules and implement existing emission limits and controls. Authority to monitor, update, and implement revisions to Ohios SIP, including revisions to emission limits and control measures as necessary to meet NAAQS is contained in ORC
3704.03. Authority related to specific pollutants, including the establishment of ambient air quality standards and increments, identification of nonattainment areas, air resource allocations, and performance and emissions standards, is contained in ORC 3704.03.
agency actions, including EPAs prior action on Ohios infrastructure SIP to address the 2012 fine particulate matter PM2.5 NAAQS 81 FR 64072, September 19, 2016.
2 See U.S. Court of Appeals for the Ninth Circuit decision in Montana Environmental Information Center v. EPA, No. 1671933 Aug. 30, 2018.
3 e.g., EPAs final rule on National Ambient Air Quality Standards for Lead. 73 FR 66964 at 67034.

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Authority for OEPA to create new rules and regulations is found in ORC
3704.3. ORC 3704.03A and X
expressly confer rulemaking authority to the Director of environmental protection. ORC 3704.03A and E
require that OEPA develop programs and promulgate rules for the prevention control, and abatement of air pollution.
ORC 3704.03D requires that OEPA
promulgate ambient air quality standards similar to the NAAQS.
EPAs 2013 Guidance states that to satisfy section 110a2A
requirements, an air agencys submission should identify existing EPA-approved SIP provisions or new SIP provisions that the air agency has adopted and submitted for EPA
approval that limit emissions of pollutants relevant to the subject NAAQS, including precursors of the relevant NAAQS pollutant where applicable. OEPA identified existing controls and emission limits in the Ohio Administrative Code that can be applied to the 2015 ozone NAAQS. These regulations include controls and emission limits for volatile organic compounds VOC and nitrogen oxides NOX, which are precursors to ozone.
VOC as an ozone precursor is controlled by Ohio Administrative Code OAC
374514, and NOX as an ozone precursor is controlled by OAC 3745
21.
In this rulemaking, EPA is not proposing to approve any new provisions in OAC 3745 that have not been previously approved by EPA. EPA
is also not proposing to approve or disapprove any existing state provisions or rules regulated to start-up, shutdown or malfunction or directors discretion in the context of section 110a2A.
EPA has determined that Ohios SIP
provides the required basic structural provisions for the implementation of the NAAQS and proposes to find that Ohio has met the infrastructure SIP
requirements of section 110a2A
with respect to the 2015 ozone NAAQS.
B. Section 110a2BAmbient Air Quality Monitoring/Data System This section requires SIPs to include provisions to establish and operate ambient air quality monitors, collect and analyze ambient air quality data, and make these data available to EPA
upon request. The review of the annual monitoring plan includes EPAs determination that the state: i Monitors air quality at appropriate locations throughout the state using EPAapproved Federal Reference Methods or Federal Equivalent Method monitors;
ii submits data to EPAs Air Quality System AQS in a timely manner; and,
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