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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules iii provides EPA Regional Offices with prior notification of any planned changes to monitoring sites or the network plan.
In accordance with 40 CFR part 53
and 40 CFR part 58, OEPA continues to operate an air monitoring network, which is used to determine compliance with the NAAQS. OEPA enters air monitoring data into AQS, and the state provides EPA with prior notification when changes to its monitoring network or plan are being considered. Further, OEPA submits annual monitoring network plans to EPA. EPA approved the states 20202021 Annual Air Monitoring Network Plan on September 23, 2020, including the plan for the States ozone monitoring network. EPA
proposes that Ohio has met the infrastructure SIP requirements of section 110a2B with respect to the 2015 ozone NAAQS.
C. Section 110a2CProgram for Enforcement of Control Measures; Minor NSR; 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 prevention of significant deterioration PSD and nonattainment NSR NNSR
programs. Part C of the CAA sections 160169B addresses PSD, while part D
of the CAA sections 171193 addresses NNSR requirements. EPAs 2013
Guidance states that the NNSR
requirements of section 110a2C are generally outside the scope of infrastructure SIPs; however, a state must provide for regulation of minor sources and minor modifications minor NSR.
1. Program for Enforcement of Control Measures A states infrastructure SIP
submission should identify the statutes, regulations, or other provisions in the SIP that provide for enforcement of emission limits and control measures.
OEPA maintains an enforcement program to ensure compliance with SIP
requirements. OEPA compiles all air pollution control enforcement settlements in the state and makes them available for public review on its website. ORC 3704.03R provides the Director of OEPA with the authority to implement the enforcement program as well as the authority to implement the NSR provisions within OAC 374531.
EPA proposes that Ohio has met the enforcement of SIP measures requirements of section 110a2C
with respect to the 2015 ozone NAAQS.

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2. Minor NSR
An infrastructure SIP submission should identify the existing EPAapproved SIP provisions that govern the minor source pre-construction program that regulates emissions of the relevant NAAQS pollutant. EPA approved Ohios minor NSR program on February 21, 2002 see 67 FR 7954; 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 NAAQS. As stated in EPAs 2013
Guidance, the CAA allows EPA to approve infrastructure SIP submissions that do not implement the 2002 NSR
Reform Rules. Therefore, EPA is not proposing action on existing NSR
Reform regulations for Ohio. EPA
proposes that Ohio has met the minor NSR requirements of section 110a2C with respect to the 2015
ozone NAAQS.
3. PSD
The evaluation of each states submission addressing the PSD
requirements of section 110a2C
covers: A. PSD provisions that explicitly identify NOX as a precursor to ozone in the PSD program; b. identification of precursors to PM2.5 4 and the identification PM2.5 and PM10 5
condensables in the PSD program; c.
PM2.5 increments in the PSD program;
and d. greenhouse gas GHG permitting and the Tailoring Rule in the PSD
program.6 Some PSD requirements under section 110a2C overlap with elements of section 110a2Di, section 110a2E, and section 110a2J. These links will be discussed in the appropriate areas below.
4 PM
2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as fine particles.
5 PM
10 refers to particles with an aerodynamic diameter of less than or equal to 10 micrometers.
6 In EPAs April 28, 2011, proposed rulemaking for infrastructure SIPs for the 1997 ozone and PM2.5
NAAQS, we stated that each states 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 EPAs 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 110a2C 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 2015 ozone NAAQS.

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a. PSD Provisions that explicitly identify NOX as a precursor to ozone in the PSD program.
EPAs Final Rule to Implement the 8Hour Ozone National Ambient Air Quality StandardPhase 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, 7169971700. This requirement was codified in 40 CFR 51.166.7
The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including these specific NOX as a precursor to ozone provisions, by June 15, 2007 70
FR 71612 at 71683, November 29, 2005.
EPA approved revisions to Ohios PSD SIP reflecting these requirements on October 28, 2014 79 FR 64119, and therefore proposes to find that Ohio has met this set of infrastructure SIP
requirements of section 110a2C
with respect to the 2015 ozone NAAQS.
b. 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 Administrators satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that areas 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 Administrators satisfaction or EPA
demonstrates that emissions of VOCs in an area are significant contributors to 7 Similar
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changes were codified in 40 CFR 52.21.

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