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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules require a stationary source to obtain a PSD permit if greenhouse gases are the only pollutant i that the source emits or has the potential to emit above the applicable major source thresholds, or ii for which there is a significant emission increase from a modification.
EPA is planning to take additional steps to revise Federal PSD rules in light of the Supreme Court opinion and subsequent D.C. Circuit judgment. Some states have begun to revise their existing SIP-approved PSD programs in light of these court decisions, and some states may prefer not to initiate this process until they have more information about the planned revisions to EPAs PSD
regulations. EPA is not expecting states to have revised their PSD programs in anticipation of EPAs planned actions to revise its PSD program rules in response to the court decisions. For purposes of infrastructure SIP submissions, EPA is only evaluating such submissions to assure that the states program addresses GHGs consistent with both court decisions.
On February 14, 2020, EPA updated the Ohio SIP to include revised PSD
rules reflecting the Supreme Court decision and D.C. Circuit judgement, and preserving PSD permitting requirements for GHGs for anyway sources see 85 FR 8406. EPA proposes to find that the Ohio SIP is sufficient to satisfy Elements C, DiII, and J
with respect to GHGs. This is because the PSD permitting program previously approved by EPA into the SIP continues to require that PSD permits issued to anyway sources contain limitations on GHG emissions based on the application of BACT.
D. Section 110a2DInterstate Transport Section 110a2DiI requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another state. Section 110a2DiII requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required of any other state to prevent significant deterioration of air quality, or from interfering with measures required of any other state to protect visibility. Section 110a2Dii requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of section 126 and section 115 relating to interstate and international pollution abatement, respectively.

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1. Significant Contribution to Nonattainment In this rulemaking, EPA is not evaluating section 110a2DiI
requirements relating to significant contribution to nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking.
2. Interference With Maintenance In this rulemaking, EPA is not evaluating section 110a2DiI
requirements relating to interference with maintenance for the 2015 ozone NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking.
3. Interference With PSD
EPA notes that Ohios satisfaction of the applicable infrastructure SIP PSD
requirements for the 2015 ozone NAAQS has been detailed in the section addressing section 110a2C. EPA
further notes that the proposed actions in that section related to PSD are consistent with the proposed actions related to PSD for section 110a2DiII, and they are reiterated below.
EPA has previously approved revisions to Ohios SIP that meet certain requirements obligated by the Phase 2
Rule and the 2008 NSR Rule. These revisions included provisions that:
Explicitly identify NOX as a precursor to ozone, explicitly identify SO2 and NOX
as precursors to PM2.5, and regulate condensable PM2.5 and PM10 in applicability determinations and establishing emissions limits. EPA has also previously approved revisions to Ohios 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. EPA is proposing to find that Ohios SIP
contains provisions that adequately address the 2015 ozone NAAQS.
States also have an obligation to ensure that sources located in nonattainment areas do not interfere with a neighboring states PSD program.
One way that this requirement can be satisfied is through an NNSR program consistent with the CAA that addresses any pollutants for which there is a designated nonattainment area within the state.
Ohios EPA-approved NNSR
regulations are contained in OAC
Chapter 374531 and are consistent with 40 CFR 51.165. Therefore, EPA
proposes to find that Ohio has met all of the applicable section
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110a2DiII requirements relating to interference with PSD for the 2015
ozone NAAQS.
4. Interference With Visibility Protection With regard to the applicable requirements for visibility protection of section 110a2DiII, states are subject to visibility and regional haze program requirements under part C of the CAA which includes sections 169A
and 169B. EPAs 2013 Guidance states that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, or an approved SIP addressing regional haze.
On May 10, 2018, EPA published its final approval of Ohios regional haze plan see 83 FR 21719. Therefore, EPA
proposes to find that Ohio has met all applicable section 110a2DiII
requirements relating to interference with visibility protection for the 2015
ozone NAAQS.
5. Interstate and International Pollution Abatement Section 110a2Dii requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of section 126
and section 115 relating to interstate and international pollution abatement, respectively. Section 126a requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources.
A lack of such a requirement in state rules would be grounds for disapproval of this element.
Ohio has provisions in its EPAapproved PSD program in OAC 3745
3106H2 requiring new or modified sources to notify neighboring states of potential negative air quality impacts.
Ohios submission references these provisions as being adequate to meet the requirements of section 126a. Ohio does not have any obligations under any other subsection of section 126, nor does it have any pending obligations under section 115. Therefore, EPA is proposing to find that Ohio has met all applicable section 110a2Dii requirements for the 2015 ozone NAAQS.
E. Section 110a2EAdequate Resources; State Board Requirements This section requires each state to provide for adequate personnel, funding, and legal authority under state
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