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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules
law to carry out its SIP, and related issues. Section 110a2Eii also requires each state to comply with the requirements respecting state boards under section 128.
1. Adequate Resources To satisfy the adequate resources requirements of section 110a2E, the state should explain in the infrastructure SIP submission how resources and personnel and legal authority are adequate and provide any additional assurances needed to meet changes in resource requirements by the new or revised NAAQS.
Ohios biennial budget and its environmental performance partnership agreement with EPA document funding and personnel levels for OEPA every two years. OEPA has demonstrated that it retains adequate personnel to administer its air quality management program. As discussed in an earlier section, ORC 3704.03 provides the legal authority under state law to carry out the SIP. EPA proposes that Ohio has met the infrastructure SIP requirements of this portion of section 110a2E with respect to the 2015 ozone NAAQS.
2. State Board Requirements Section 110a2E also requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA. That provision contains two explicit requirements: i That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and ii that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.
Ohio does not have a board that has the authority to approve enforcement orders or permitting actions as outlined in section 128a1 of the CAA; instead, this authority rests with the Director of OEPA. Therefore, section 128a1 of the CAA is not applicable in Ohio.
Under section 128a2, the head of the executive agency with the power to approve enforcement orders or permits must adequately disclose any potential conflicts of interest. OEPA notes that EPA has previously approved provisions into Ohios SIP addressing these requirements 46 FR 57490.
Notably, ORC 102: Public Officers Ethics contains provisions that require the Director of OEPA and his/her delegate to file an annual statement
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with the ethics committee including potential conflicts of interest;
furthermore, this annual filing is subject to public inspection. Therefore, EPA
proposes to find that Ohio has met the applicable infrastructure SIP
requirements of this portion of 110a2E with respect to the 2015
ozone NAAQS.
F. Section 110a2FStationary Source Monitoring System Section 110a2F contains several requirements, each of which are described below.
1. Installation, maintenance, replacement of equipment, and other necessary steps by owners or operators of stationary sources to monitor emissions from such sources.
EPAs rules regarding how SIPs need to address requirements for source monitoring are contained in 40 CFR
51.212 Testing, inspection, enforcement, and compliance. This EPA regulation requires SIPs to provide for a program of periodic testing and inspection of stationary sources, to provide for the identification of allowable test methods, and to exclude any provision that would prevent the use of any credible evidence of noncompliance.
The requirements for Ohio source testing of air contaminants are found in SIP-approved OAC 374515 along with general provisions that include submitting of emissions reports and measurement of emissions. SIPapproved OAC rule 37452103
addresses methods of ambient air measurements for ozone. SIP-approved OAC Chapters 374577 and 374531
provide requirements for recordkeeping by sources. Ohio has the authority under SIP-approved ORC 3704.03I to require owners or operators of air contaminant sources to install, employ, maintain and operate such emissions, ambient air quality, meteorological, or other monitoring devices or methods as the Director of OEPA shall prescribe; to sample those emissions at such locations, at such intervals, and in such manner as the Director of OEPA
prescribes; to maintain records and file periodic reports with the Director of OEPA containing information as to location, size, and height of emission outlets, rate, duration, and composition of emissions, and any other pertinent information the Director of OEPA
prescribes; and to provide such written notice to other states as the Director of OEPA shall prescribe. Ohio does not have any provisions preventing the use of any credible evidence.
Hundreds of emission tests are performed throughout Ohio each year.

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OEPA District Offices and local air agencies are currently required to witness 50% of all source emissions testing and review 100% of all emissions tests fulfilling the correlation requirement of sub-element 3 discussed below. Presently, 290 Ohio sources employ 738 continuous monitoring systems for various air pollutants. OEPA
oversees the operation and certification of these systems and routinely provides quarterly summary reports to EPA.
These reports are also available for public inspection partially fulfilling the public inspection component of subelement 3 discussed below.
Based on the above, EPA proposes to find that Ohio has met the infrastructure SIP requirements of section 110a2Fi with respect to the 2015
ozone standard.
2. Periodic reports on the nature and amounts of emissions and emissionsrelated data from stationary sources.
To address periodic reporting requirements, the infrastructure SIP
submission should include air agency requirements providing for periodic reporting of emissions and emissionsrelated data by sources to the air agency, as required by the following emissions reporting requirements: 40 CFR 51.211
Emissions reports and recordkeeping; 40 CFR 51.321 through 51.323 Source Emissions and State Action Reporting; and EPAs Air Emissions Reporting Rule, 40 CFR part 51, subpart A Air Emissions Reporting Requirements.9 The section 51.321
requirement that emissions reports from states be made through the appropriate EPA Regional Office has been superseded in practice, as these data are now to be reported electronically through a centralized data portal pursuant to 40 CFR 51.45b, which refers to the website http
www.epa.gov/ttn/chief which was moved to https www.epa.gov/chief for the latest information on data reporting procedures. All states have existing periodic source reporting of emissions and emission inventory reporting practices. Thus, for any new or revised NAAQS, the infrastructure SIP may be able to certify existing authority and commitments and provide any additional assurance needed to meet changes in reporting and inventory requirements associated with the new or revised NAAQS.
OEPA has reporting requirements consistent with 40 CFR 51.211, 40 CFR
51.321 to 323, and 40 CFR part 51, subpart A. Under Title V of the CAA, 9 40 CFR 51.321 through 51.323 nominally address emission reporting but merely crossreference to subpart A.

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