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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules facilities that have the potential to emit certain amounts of air pollution are required to apply for and obtain a statefederal operating permit and pay emission fees. In Ohio, facilities are required to file on April 15th of each year. The Fee Emissions Report FER
requirements are outlined in ORC
3745.11 and OAC rule 37457802.
Facilities are required to apply for and obtain an air pollution control operating permit and submit an annual emissions report for estimated actual facility wide emissions of particulate matter PM, SO2, NOX, organic compounds OC, lead, carbon monoxide CO, and ammonia NH3 no later than April 15th for the previous year. Also, OEPA has the authority under OAC 37451503 to request and receive the information from regulated entities. Ohio provides an Emission Inventory Summary EIS
to EPA to develop an annual criteria and toxic pollutant inventory pursuant to 40
CFR 51.321. Beginning with the calendar year 2006 inventory, all Ohio Title V and synthetic minor facilities are required to file a complete inventory.
Pollutants required to be reported in the EIS are: NOX, VOC, SO2, Lead, OC, CO, NH3, PM-condensable, PM-filterable, PM10-filterable, and PM2.5-filterable.
Based on the above, EPA proposes to find that Ohio has met the infrastructure SIP requirements of section 110a2Fii with respect to the 2015
ozone standard.
3. Correlation of emissions reports by the State agency with any applicable emission limitations or standards, reports shall be available at reasonable times for public inspection.
For this sub-element, the infrastructure SIP submission should reference and describe existing air agency requirements that have been approved into the SIP by EPA, or include air agency requirements being newly submitted, that provide for the following: 1 Correlation 10 by the air agency of emissions reports by sources with applicable emission limitations or standards; and 2 the public availability of emission reports by sources. Under 40 CFR part 51 subpart G, 40 CFR
51.116 Data availability, contains the requirements for correlating data.
Correlation with applicable emissions limitations or standards is relevant only for those reports of source emissions that reflect the test methods and averaging periods specified in applicable emission limitations or 10 As defined in 40 CFR 51.116c, the term correlated means presented in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such emissions allowable under the applicable emission limitations or other measures.

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standards. Thus, source reports of annual, ozone season, or summer day emissions used by the air agency to create the annual and triennial emission inventory submission to EPA under 40
CFR part 51 subpart A in general would not need to be correlated with specific emission limitations or standards, as many sources do not have applicable emission limitations defined for those averaging periods. However, if the sources have applicable emissions limitations that are defined for these averaging periods, then they would need to be correlated.
As stated previously, OEPA District Offices and local air agencies are currently required to review 100% of all source emissions tests fulfilling the correlation requirement of this subelement. Also as stated previously, OEPA has reporting requirements consistent with 40 CFR 51.211, 40 CFR
51321 to 323, and 40 CFR part 51, subpart A. Ohios source emission reports are available upon request by EPA or other interested parties.
Additionally, EIS Data and Reports can be downloaded from the OEPA website at https www.epa.ohio.gov/dapc/
aqmp/eiu/eis126013925-download-eisdata-and-reports. Based on the above, EPA proposes to find that Ohio has met the infrastructure SIP requirements of section 110a2Fiii with respect to the 2015 ozone standard.
G. Section 110a2GEmergency Powers This section requires that a plan provide for authority that is analogous to what is provided in section 303 of the CAA, and adequate contingency plans to implement such authority. EPAs 2013 Guidance states that infrastructure SIP submissions should specify authority, rested in an appropriate official, to restrain any source from causing or contributing to emissions which present an imminent and substantial endangerment to public health or welfare, or the environment.
The regulations at OAC 374525
contain provisions which allow the Director of OEPA to determine the conditions that comprise air pollution alerts, warnings, and emergencies.
Moreover, the rules contained in OAC
374525 provide the requirement to implement emergency action plans in the event of an air quality alert or higher. Based on the above, EPA
proposes to find that Ohio has met the applicable infrastructure SIP
requirements of section 110a2G
related to authority to implement measures to restrain sources from causing or contributing to emissions which present an imminent and
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substantial endangerment to public health or welfare, or the environment with respect to the 2015 ozone NAAQS.
H. Section 110a2HFuture SIP
Revisions This section requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or to an EPA
finding that the SIP is substantially inadequate. As previously mentioned, ORC 3704.03 provides the Director of OEPA with the authority to develop rules and regulations necessary to meet ambient air quality standards in all areas in the state as expeditiously as practicable, but not later than any deadlines applicable under the CAA.
ORC 3704.03 also provides the Director of OEPA with the authority to develop programs for the prevention, and abatement of air pollution. Based on the above, EPA proposes to find that Ohio has met the infrastructure SIP
requirements of section 110a2H
with respect to the 2015 ozone NAAQS.
I. Section 110a2INonattainment Area Plan or Plan Revisions Under Part D
The CAA requires that each plan or plan revision for an area designated as a nonattainment area meet the applicable requirements of part D of the CAA. Part D relates to nonattainment areas. EPA has determined that section 110a2I is not applicable to the infrastructure SIP process. Instead, EPA
takes action on part D attainment plans through separate processes.
J. Section 110a2JConsultation With Government Officials; Public Notifications; PSD; Visibility Protection The evaluation of the submissions from Ohio with respect to the requirements of section 110a2J are described below.
1. Consultation With Government Officials States must provide a process for consultation with local governments and Federal Land Managers FLMs carrying out NAAQS implementation requirements.
OEPA actively participates in the regional planning efforts that include state rule developers, representatives from the FLMs, and other affected stakeholders. Additionally, Ohio is an active member of the Lake Michigan Air Directors Consortium, which consists of collaboration with the States of Illinois, Indiana, Wisconsin, Michigan, and Minnesota. OAC 37453106 is a SIPapproved rule which requires
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