[Federal Register: April 8, 2009 (Volume 74, Number 66)]
[Notices]
[Page 15961-15963]
[DOCID:fr08ap09-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 1, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-64-000.
    Applicants: PPL Shoreham Energy, LLC, PPL Generation, LLC, PPL New
Jersey Solar, LLC, PPL New Jersey Biogas, LLC., PPL Renewable Energy,
LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, Request for Waivers of Filing Requirements and
Expedited Treatment of Application of PPL Shoreham Energy, LLC, et al.
    Filed Date: 03/31/2009.
    Accession Number: 20090331-5225.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 21, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG09-34-000.
    Applicants: PPL New Jersey Solar, LLC.
    Description: PPL New Jersey Solar, LLC Notice of Self Certification
of Exempt Wholesale Generator Status.
    Filed Date: 03/31/2009.
    Accession Number: 20090331-5215.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 21, 2009.

    Docket Numbers: EG09-35-000.
    Applicants: PPL New Jersey Biogas, LLC.
    Description: PPL New Jersey Biogas, LLC. Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 03/31/2009.
    Accession Number: 20090331-5219.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 21, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER98-511-010.
    Applicants: Oklahoma Gas and Electric Company, OGE Energy
Resources, Inc.
    Description: Oklahoma Gas and Electric Company submits Substitute
Original Sheet 1 to FERC Electric Tariff, Sixth Revised Volume 3.
    Filed Date: 03/26/2009.
    Accession Number: 20090401-0049.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 16, 2009.

    Docket Numbers: ER06-743-002.
    Applicants: Air Liquide Large Industries U.S. LP.
    Description: Amendment to Application for Determination of Category
1 Seller Status of Air Liquide Large Industries U.S. LP.
    Filed Date: 03/31/2009.
    Accession Number: 20090331-5228.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 21, 2009.

    Docket Numbers: ER06-771-002; ER06-772-002; ER06-773-002.
    Applicants: ExxonMobil Baton Rouge Complex, ExxonMobil Beaumont
Complex, ExxonMobil Labarge Shute Creek Treating.
    Description: ExxonMobil Entities submits Original Sheet No. 1 et
al. to FERC Electric Tariff, Original Volume No. 1.
    Filed Date: 03/26/2009.
    Accession Number: 20090401-0048.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 16, 2009.

    Docket Numbers: ER07-1040-004; ER00-2603-007; ER94-142-031
    Applicants: Hopewell Cogeneration Ltd Partnership, Syracuse Energy
Corporation, SUEZ Energy Marketing NA, Inc.
    Description: Notice of Non-Material Change in Status of Hopewell
Cogeneration Limited Partnership.
    Filed Date: 03/30/2009.
    Accession Number: 20090330-5154.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER08-73-003.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits Original Sheet 746A to FERC Electric Tariff, Fourth Replacement
Volume 11.
    Filed Date: 03/26/2009.
    Accession Number: 20090331-0047.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 16, 2009.

    Docket Numbers: ER08-830-001.
    Applicants: ISO New England Inc. & New England Power Pool.
    Description: ISO New England Inc et al submit reports regarding
treatment of price-responsive demand in the New England Electricity
Markets.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0046.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER08-891-002.
    Applicants: Wisconsin Power and Light Company.
    Description: Alliant Energy Corporate Services, Inc submits revised
sheets reflecting Service Agreement 1 modification.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0051.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER08-911-002.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Wisconsin Power and Light Company submits Original
Sheet 1 et al. to FERC Electric Tariff, Original Volume 13 re Wholesale
Power Agreement.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0044.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER08-924-002.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Wisconsin Power and Light Company et al. submits
Original Sheet 1 to FERC Electric Tariff, Original Volume 13 re
Wholesale Power Agreement.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0045.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-732-002.
    Applicants: Windhorse Energy, Inc.
    Description: Windhorse Energy, Inc submits an amended petition for
acceptance of FERC Electric Tariff, Original Volume 1, Substitute
Original Sheet 1.
    Filed Date: 03/27/2009.
    Accession Number: 20090401-0058.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-886-000.
    Applicants: Conectiv Vineland Solar, LLC.
    Description: Conectiv Vineland Solar, LLC submits their Application
for Authorization to make market-based wholesale sales of energy,
capacity and ancillary services under FERC Electric Tariff 1, request
for related waivers etc.
    Filed Date: 03/27/2009.
    Accession Number: 20090330-0098.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-890-000.
    Applicants: Windhorse Energy, LLC.
    Description: Windhorse Energy, LLC request acceptance of Initial
Tariff Waivers and Blanket Authority, FERC Electric Tariff, Original
Volume 1.
    Filed Date: 03/27/2009.
    Accession Number: 20090330-0097.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-897-000.
    Applicants: DC Energy Dakota LLC.
    Description: Petition of DC Energy Dakota, LLC for Acceptance of
Initial Tariff, Waivers and Blanket Authority.
    Filed Date: 03/30/2009.
    Accession Number: 20090331-0042.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-899-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits a Service
Agreement for Wholesale Distribution Tariff Service and an
Interconnection Agreement with Hercules Municipal Utility etc.
    Filed Date: 03/27/2009.
    Accession Number: 20090330-0023.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-905-000.
    Applicants: National Grid USA Service Company, Inc.
    Description: New York Independent System Operator, Inc et al.
submits an executed Standard Large Generator Interconnection Agreement,
and request waiver of the Commission's prior notice requirements,
effective 3/11/09.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0021.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-906-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to Schedule 10 of its Open Access
Transmission Tariff, FERC Electric Tariff, Fourth Revised Volume 1.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0022.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-907-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Company submits
revisions to section 2.2 of SCE&G's Open Access Transmission Tariff.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0043.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-908-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits updated Exhibit 2 to its First
Revised Rate Schedule No 302.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0041.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-909-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corporation et al. submits page 9 of the
filing letter with the signature regarding cost-based power sales
agreement with Seminole Electric Cooperative, Inc.
    Filed Date: 03/30/2009.
    Accession Number: 20090331-0049.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-910-000.
    Applicants: Cogen Technologies Linden Venture, LLP.
    Description: Cogen Technologies Linden Venture, LLP submits Shared
Facilities and Coordinated Transmission Agreement and Indemnity between
Linden Venture and its affiliate Linden VFT, LLC.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0040.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-911-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Company submits First
Revised Sheet Agreement 102 to FERC Electric Tariff, Fourth Revised
Volume 5.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0050.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-912-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits amendments to
the Grizzly Development and Mokelumne Settlement Agreement etc.
    Filed Date: 03/30/2009.
    Accession Number: 20090331-0061.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-913-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits amendments to
Schedule 12--Appendix of the PJM Tariff etc.
    Filed Date: 03/30/2009.
    Accession Number: 20090331-0062.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-914-000.
    Applicants: Otter Tail Power Company.
    Description: Otter Tail Power Company submits an unexecuted Pseudo-
Tie Agreement among Otter Tail and Central Power Electric Cooperative,
Inc, effective 2/28/09.
    Filed Date: 03/30/2009.
    Accession Number: 20090331-0063.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-915-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed Service
Agreement for Network Integration Transmission Service with Kansas
Electric Power Coop, Inc.
    Filed Date: 03/30/2009.
    Accession Number: 20090331-0064.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-916-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool submits Original Service
Agreement 1774 to FERC Electric Tariff, Fifth Revised Volume 1.
    Filed Date: 03/30/2009.
    Accession Number: 20090401-0017.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-917-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Co submits an agreement governing
joint ownership of facilities for the Grimes-Granger Project.
    Filed Date: 03/27/2009.
    Accession Number: 20090401-0016.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-918-000.
    Applicants: California Independent System Operator Corporation
    Description: California Independent System Operator Corporation
submits an amendment to the ISO Tariff that corrects technical
differences between the ISO Tariff and Business Practice Manuals etc.
    Filed Date: 03/30/2009.
    Accession Number: 20090401-0015.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-919-000.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Co submits Second Revised Sheet
No. 96A et al. to FERC Electric Tariff, Fourth Revised Volume No. 2.
    Filed Date: 03/30/2009.
    Accession Number: 20090401-0021.
    Comment Date: 5 p.m. Eastern Time on Monday, April 20, 2009.

    Docket Numbers: ER09-921-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits Original Sheet 1 et al. to FERC
Electric Tariff, Original Volume 13.
    Filed Date: 03/31/2009.
    Accession Number: 20090401-0019.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 21, 2009.

    Docket Numbers: ER09-922-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Companies submits bilateral revisions to
certain unit power sales agreements with Florida Power Corporation et
al.
    Filed Date: 03/27/2009.
    Accession Number: 20090401-0018.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Docket Numbers: ER09-923-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits an Electric System
Interconnection Agreement with Valley Electric Membership Corp et al.
    Filed Date: 03/31/2009.
    Accession Number: 20090401-0022.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 21, 2009.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA07-32-007.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc submits compliance/refund report
relating to penalty assessments and distributions pursuant to Order No
890.
    Filed Date: 03/27/2009.
    Accession Number: 20090331-0060.
    Comment Date: 5 p.m. Eastern Time on Friday, April 17, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-7893 Filed 4-7-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Proposed Rules]
[Pages 57388-57390]
[FR Doc No: 2021-22283]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0167; FRL-8989-01-R6]

Air Plan Approval; New Mexico; Clean Air Act Requirements for
Emissions Inventory and Emissions Statement for Nonattainment Area for
the 2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State Implementation Plan (SIP) submitted by the State of
New Mexico to meet the Emissions Inventory (EI), and Emissions
Statement (ES) requirements of the Federal Clean Air Act (CAA or the
Act) for the Sunland Park ozone nonattainment area for the 2015 8-hour
ozone national ambient air quality standards (NAAQS). EPA is proposing
to approve this action pursuant to section 110 and part D of the CAA
and EPA's regulations.

DATES: Written comments must be received on or before November 15,
2021.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0167, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider 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 https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section,<PHONE_NUMBER>, [email protected].
The EPA Region 6 office is closed to the public to reduce the risk of
transmitting COVID-19. We encourage the public to submit comments via
https://www.regulations.gov, as there is a delay in processing mail and
no courier or hand deliveries will be accepted. Please call or email
the contact listed above if you need alternative access to material
indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Ozone is a gas that is formed by the reaction of Volatile Organic
Compounds (VOC) and Oxides of Nitrogen (NOX) in the
atmosphere in the presence of sunlight. Therefore, an emission
inventory for ozone focuses on the emissions of VOC and NOX
referred to as ozone precursors. These precursors (VOC and
NOX) are emitted by many types of pollution sources,
including point sources such as power plants and industrial emissions
sources; on-road and off-road mobile sources (motor vehicles and
engines); and smaller residential and commercial sources, such as dry
cleaners, auto body shops, and household paints, collectively referred
to as nonpoint sources (also called area sources).

1. The 2015 Ozone NAAQS

    On October 1, 2015 the EPA revised both the primary and secondary
NAAQS \1\ for ozone from concentration level of 0.075 part per million
(ppm) to 0.070 ppm to provide increased protection of public health and
the environment (80 FR 65296, October 26, 2015). The 2015 8-hour ozone
NAAQS retains the same general form and averaging time as the 0.075 ppm
NAAQS set in 2008 NAAQS but is set at a more protective level.
Specifically, the 2015 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.07
ppm.\2\
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    \1\ The primary ozone standards provide protection for children,
older adults, and people with asthma or other lung diseases, and
other at-risk populations against an array of adverse health effects
that include reduced lung function, increased respiratory symptoms
and pulmonary inflammation; effects that contribute to emergency
department visits or hospital admissions; and mortality. The
secondary ozone standards protect against adverse effects to the
public welfare, including those related to impacts on sensitive
vegetation and forested ecosystems.
    \2\ For a detailed explanation of the calculation of the 3-year
8-hour average, see 80 FR 65296 and 40 CFR part 50, Appendix U.
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    On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes how the statutory classifications
will apply for the 2015 8-hr ozone NAAQS, including the air quality
thresholds for each classification category and attainment deadline
associated with each classification.
    On June 18, 2018, the EPA classified the Sunland Park area in
southern Do[ntilde]a Ana County, New Mexico as marginal nonattainment
area for 2015 ozone NAAQS with an attainment deadline of August 3,
2021. (See 83 FR 25776).

2. Statutory and Regulatory Emission Inventory Requirements

    An emission inventory of ozone is an estimation of actual emissions
of air pollutants that contribute to the formation of ozone in an area.
The emissions inventory provides emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
for calculating emission reduction targets needed to attain the NAAQS,
determining emission inputs for ozone air quality modeling analyses,
and tracking emissions over time to determine progress toward meeting
Reasonable Further Progress (RFP) requirements.
    CAA section 182(a)(1) and 40 CFR 51.1315(b) require states to
submit a ``base year inventory'' for each ozone nonattainment area
within two years of the effective date of designation. This inventory
must be ``a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and

NOX emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1)'' (40 CFR 51.1300(p), see also CAA
section 172(c)(3). In addition, 40 CFR 51.1310(b) requires that the
inventory year be selected consistent with the baseline year for the
RFP plan, which is usually the most recent calendar year for which a
complete triennial emissions inventory is required to be submitted to
the EPA under the Air Emissions Reporting Requirements (AAER) (40 CFR
part 51, subpart A).

3. Statutory and Regulatory Emissions Statement Requirements

    Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each major stationary source of NOX or
VOC to provide the state with annual statement documenting the actual
emissions of NOX and VOC from their sources. For
nonattainment areas, air agencies must develop, and include in their
SIPs, emission reporting programs for certain VOC and NOX
sources in accordance with CAA section 182(a)(3)(B). The required state
program defines how air agencies obtain emissions data directly from
certain facilities, and these data, along with other information, are
then reported to the EPA as part of SIP inventories required under CAA
sections 182(a)(1) and 182(a)(3)(A). This state program is generally
referred to as an emissions statement regulation, and it outlines how
certain facilities must report emissions and facility activity data to
an air agency, typically a state agency. Reports submitted to air
agencies must be accompanied by ``a certification that the information
contained'' in the report is ``accurate to the best knowledge'' of the
facility. To properly implement the emissions reporting requirements,
emissions statement regulations should be coordinated carefully with
the data elements that are required by the EPA (requirements at 40 CFR
51.1115 and 40 CFR 51.1315). An air agency must submit the emissions
statement regulation required by CAA section 182(a)(3)(B), or a written
statement certifying a previously approved regulation, to the EPA as a
SIP revision for approval. CAA section 110, in conjunction with 40 CFR
51.102, 51.103 and Appendix V, establishes the procedure for submitting
a SIP revision. Under section 182(a)(3)(B)(ii), air agencies may waive
the requirement for emission statements for classes or categories of
sources with less than 25 ton per year of actual plant-wide
NOX or VOC emissions in nonattainment areas, provided the
class or category is included in the base year and periodic inventories
required under CAA sections 182(a)(1) and 182(a)(3)(A),
respectively.\3\
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    \3\ See Implementation of the 2015 NAAQS for Ozone:
Nonattainment Area State Implementation Plan Requirements Plan Final
Rule, 83 FR 63002-63023, December 6, 2018.
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II. State's Submittal

    On September 10, 2020, New Mexico 4 5 submitted to EPA a
SIP revision addressing the 2015 ozone NAAQS emissions inventory and
emissions statement requirements for the Sunland Park nonattainment
area.
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    \4\ The New Mexico Environmental Improvement Board (EIB) is
given the authority under state law to adopt rules and plans that
are included in the New Mexico's SIP.
    \5\ The New Mexico SIP applies throughout New Mexico, except for
Bernalillo County (Albuquerque) and Indian lands.
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(a) Base Year Emission Inventory

    New Mexico Environmental Department (NMED) has developed a 2017
base year emissions inventory for the Sunland Park nonattainment area.
The 2017 base year emissions include all point, nonpoint (area), on-
road mobile, and non-road mobile source emissions. Table 1 summarizes
the 2017 NOX and VOC emissions for the Sunland Park
nonattainment area for a typical ozone season day \6\ (reflective of
the summer period, when the highest ozone concentrations are expected
in the ozone nonattainment areas).
---------------------------------------------------------------------------

    \6\ See Ozone season day emission as defined in 40 CFR
51.1300(q).

   Table 1--Sunland Park Nonattainment Area Ozone Season Day Emissions
                            Estimates Summary
------------------------------------------------------------------------
                                                   VOC tons/   NOX tons/
                   Source type                        day         day
------------------------------------------------------------------------
Point...........................................        0.08        2.69
Nonpoint (Area).................................        0.57        0.21
On-road Mobile..................................        0.06        0.10
Non-road Mobile.................................        0.08        0.33
                                                 -----------------------
  Total.........................................        0.78        3.33
------------------------------------------------------------------------

(b) Emission Statement

    Pursuant to section 182(a)(3)(B), states with ozone nonattainment
areas must require annual emissions statements from NOX and
VOC stationary sources within those nonattainment areas. New Mexico's
emissions statement regulation resides in New Mexico's SIP at 20.2.73
New Mexico Administrative Code (NMAC), ``Notice of Intent and Emissions
Inventory Requirements'', approved by EPA on November 27, 2012 (77 FR
70693). Emission Inventory Requirements, section <IP_ADDRESS>0(A) NMAC
applies to all stationary sources in an ozone nonattainment area that
have a construction permit, filed a notice of intent, or emits more
than ten tons per year (tpy) of nitrogen oxides (NOX) or
volatile organic compounds (VOC). Reporting requirements
(<IP_ADDRESS>0(B) NMAC) include annual emissions reports for any major
source in ozone nonattainment area with potential to emit more than 100
tpy and any source that has the potential to emit more than 25 tpy of
NOX and VOC within the nonattainment area submitted by April
1 of each year or a date set by permit conditions. Sources that emit
between 10-25 tpy must keep annual emissions records and provide them
in an approved format upon request from the department. Emissions
reports must contain all contact and facility information along with a
signed certifying statement from the certifying official authorized to
attest to the accuracy and validity of the emissions submitted on
behalf of the facility as required by New Mexico's regulations
(<IP_ADDRESS>0(C) NMAC). Additional reporting requirements for sources
within nonattainment area are included in (<IP_ADDRESS>0(D) NMAC) include
typical daily process rates for the ozone season as determined by NMED.
Waiver exemption of emissions reporting requirements are included
(<IP_ADDRESS>0(E) NMAC).

III. EPA's Evaluation

    EPA has reviewed the New Mexico SIP revision for consistency with
the CAA and regulatory emissions inventory and emissions statement
requirements.
    For the emission inventory, EPA has reviewed the techniques used by
the state of New Mexico to derive and quality assure the emission
estimates. EPA has also evaluated whether New Mexico provided the
public with the opportunity to review and comment on the development of
the emission estimates and whether New Mexico addressed the public
comments. A summary of EPA's analysis is provided below. For a full
discussion for our evaluation, please see our Technical Support
Document (TSD) located in the docket for this action.
    New Mexico documented the general procedures used to estimate the
emissions for each of the four major source types. The documentation of
the emission estimation procedures was adequate for us to determine
that New Mexico followed acceptable procedures to estimate the
emissions.
    New Mexico developed a quality assurance plan and followed this
plan during various phases of the emissions

estimation and documentation process to quality assure the emissions
for completeness and accuracy. These quality assurance procedures are
summarized in the documentation describing how the emissions totals
were developed. We have determined that the quality assurance
procedures followed by New Mexico are adequate and acceptable and that
New Mexico has developed inventories of VOC and NOX
emissions that are comprehensive and complete.
    For the emission statement, New Mexico's EPA approved SIP contains
provisions that address the CAA emission statement requirements.
    New Mexico notified the public and offered the opportunity for
comment and public hearing. A full record of public notices, and
written comments received during public comment period as well as
states' response to those comments are included in the state's
submittal. New Mexico received no request for public hearing. A copy of
the New Mexico SIP revision submittal is available online at
www.regulations.gov, Docket number EPA-R06-OAR-2020-0167.

IV. Proposed Action

    We are proposing to approve the New Mexico SIP revision submitted
on September 10, 2020 to address the emissions inventory, and emissions
statement requirements for the Sunland Park area for the 2015 ozone
NAAQS. The emissions inventory we are proposing to approve are listed
in Table 1 above. We are proposing to approve the emissions inventory
because it contains comprehensive, accurate and current inventory of
actual emissions for all relevant sources in accordance with CAA
sections 172(c)(3) and 182(a)(1) requirements. We are proposing to
approve the New Mexico emission statement because it includes the
approved provision addressing CAA emission statement requirement in CAA
section 182(a)(3)(B). New Mexico adopted the emission inventories
consistent with reasonable public notice and opportunity for a public
hearing requirement. As stated above, a TSD which details our
evaluation is included in the docket for this action. Our TSD may be
accessed online at www.regulations.gov, Docket No. EPA-R06-OAR-2020-
0167.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and record keeping
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 7, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-22283 Filed 10-14-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Proposed Rules]
[Pages 48030-48033]
[FR Doc No: 2017-22230]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0185; FRL-9969-62-Region 5]

Air Plan Approval; Ohio; Regional Haze Five-Year Progress Report
State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a revision to the Ohio State Implementation Plan (SIP)
submitted by the State of Ohio (Ohio) through the Ohio Environmental
Protection Agency (OEPA). Ohio's SIP revision addresses the
requirements of the Clean Air Act (CAA) and EPA's rules that require
states to submit periodic reports describing progress towards
reasonable progress goals (RPGs) established for regional haze, and a
determination of the adequacy of the state's existing implementation
plan addressing regional haze (regional haze SIP). EPA is proposing
approval of the Ohio SIP revision on the basis that it addresses the
progress report and adequacy determination requirements for the first
implementation period for regional haze.

DATES: Comments must be received on or before November 15, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0185 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider 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: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. EPA's Analysis of Ohio's Regional Haze Progress Report and
Adequacy Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report that evaluates
progress towards the RPGs for each Class I Federal area \1\ (Class I
area) within the state and in each Class I area outside the state which
may be affected by emissions from within the state. See 40 CFR
51.308(g). States are also required to submit, at the same time as the
progress report, a determination of the adequacy of the state's
existing regional haze SIP. See 40 CFR 51.308(h). The first progress
report must be submitted in the form of a SIP revision and is due five
years after the submittal of the initial regional haze SIP. On March
11, 2011, OEPA submitted its first regional haze SIP in accordance with
the requirements of 40 CFR 51.308.
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81 subpart D.
---------------------------------------------------------------------------

    On March 11, 2016, Ohio submitted as a SIP revision a report on the
progress made in the first implementation period towards the RPGs for
Class I areas that are affected by emissions from the state of Ohio
(progress report). This progress report included a determination that
Ohio's existing regional haze SIP requires no substantive revision to
achieve the established regional haze visibility improvement and
emissions reduction goals for 2018. EPA is proposing to approve Ohio's
progress report on the basis that it satisfies the requirements of 40
CFR 51.308.

II. EPA's Analysis of Ohio's Regional Haze Progress Report and Adequacy
Determination

    On March 11, 2016, OEPA submitted a revision to Ohio's regional
haze SIP to address progress made in the first planning period towards
RPGs for Class I areas that are affected by emissions from Ohio's
sources. This progress report also included a determination of the
adequacy of the state's existing regional haze SIP.
    Ohio has no Class I areas within its borders. Emissions from
sources in Ohio contribute to the visibility impairment in the
following Class I areas: Caney Creek Wilderness Area (Arkansas), Upper
Buffalo Wilderness Area (Arkansas), Great Gulf Wilderness Area (New
Hampshire), Presidential Range-Dry River Wilderness Area (New
Hampshire), Brigantine Wilderness Area (New Jersey), Great Smoky
Mountains National Park (North Carolina, Tennessee), Mammoth Cave
National Park (Kentucky), Acadia National Park (Maine), Moosehorn
Wilderness Area (Maine), Seney Wilderness Area (Michigan), Hercules-
Glades Wilderness Area (Missouri), Mingo Wilderness Area (Missouri),
Lye Brook Wilderness (Vermont), James River Face Wilderness (Virginia),
Shenandoah National Park (Virginia), and Dolly Sods/Otter Creek
Wilderness (West Virginia).
    In developing a long term strategy (LTS) for ensuring reasonable
progress towards improving visibility, Ohio participated with other
states and tribes through the Midwest Regional Planning Organization
(MRPO). Additionally, Ohio consulted with the Mid-Atlantic/Northeast
Visibility Union (MANE-VU), and Federal Land Managers (FLMs) as a part
of developing its initial SIP. The original Ohio regional haze SIP
determined that ``on-the-books'' controls would constitute the measures
necessary to address Ohio's contribution to visibility impairment in
the Class I areas to which Ohio contributes. This was supported by
modeling assessments from the MRPO and in consultation with other
states and Regional Planning Organizations (RPOs).

A. Regional Haze Progress Report SIPs

    The following section includes EPA's analysis of Ohio's progress
report

submittal and an explanation of the basis of our proposed approval.
1. Status of Implementation of All Measures Included in the Regional
Haze SIP
    In its progress report, Ohio summarizes the status of the emissions
reduction measures that were included in its 2011 regional haze SIP,
specifically, the status of the on-the-books emissions reduction
measures. Details of the measures and implementation for various on-
highway mobile sources, off-highway mobile sources, area sources, and
point sources are set forth in Section II.A of the progress report.
    In its regional haze SIP, Ohio relied on the Clean Air Interstate
Rule (CAIR) to meet the sulfur dioxide (SO2) and nitrogen
oxides (NOX) best available retrofit technology (BART)
requirements for its electric generating units (EGUs) as well as to
ensure reasonable progress. Ohio's progress report describes the
litigation regarding CAIR and Cross-State Air Pollution Rule (CSAPR)
that has had a substantial impact on EPA's review of the regional haze
SIPs of many states.
    In 2005, EPA issued regulations allowing states to rely on CAIR to
meet certain requirements of the Regional Haze Rule. See 70 FR 39104
(July 6, 2005).\2\ A number of states, including Ohio, submitted
regional haze SIPs consistent with these regulatory provisions. CAIR,
however, was remanded (without vacatur) to EPA in 2008, North Carolina
v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008), and replaced by CSAPR. 76
FR 48208 (August 8, 2011). Implementation of CSAPR was scheduled to
begin on January 1, 2012, when CSAPR would have superseded the CAIR
program. However, numerous parties filed petitions for review of CSAPR,
and at the end of 2011, the D.C. Circuit issued an order staying CSAPR
pending resolution of the petitions and directing EPA to continue to
administer CAIR. Order of December 30, 2011, in EME Homer City
Generation, L.P. v. EPA, D.C. Cir. No. 11-1302.
---------------------------------------------------------------------------

    \2\ CAIR required certain states like Ohio to reduce emissions
of sulfur dioxide (SO2) and nitrogen oxides
(NOX) that significantly contribute to downwind
nonattainment of the 1997 National Ambient Air Quality Standard
(NAAQS) for fine particulate matter (PM2.5) and ozone.
See 70 FR 25162 (May 12, 2005).
---------------------------------------------------------------------------

    EPA finalized a limited approval of Ohio's regional haze SIP on
July 2, 2012. 77 FR 39177. In a separate action, published on June 7,
2012, EPA finalized a limited disapproval of the Ohio regional haze SIP
because of the state's reliance on CAIR to meet certain regional haze
requirements, and issued a Federal Implementation Plan (FIP) to address
the deficiencies identified in the limited disapproval of Ohio and
other states' regional haze plans. 77 FR 33642. In our FIP, we relied
on CSAPR to meet certain regional haze requirements notwithstanding
that it was stayed at the time. Following additional litigation and the
lifting of the stay, EPA began implementation of CSAPR on January 1,
2015.
    Regarding the status of BART and reasonable progress control
requirements for non-EGU sources in the state, Ohio's progress report
notes that two boilers at one facility, operated by the P.H. Glatfelter
Company, were the only non-EGU emission units subject to the BART
requirements in Ohio. BART requirements at the P.H. Glatfelter facility
reflected alternative measures, which were incorporated into a
Federally enforceable permit on March 7, 2011, and the compliance date
for these requirements was January 31, 2017. Also, P.H. Glatfelter is
currently pursuing conversion to natural gas at its facility to comply
with the EPA Industrial Boiler Maximum Achievable Control Technology
(MACT) requirements, in the end, this will bring further reductions
beyond the BART requirements.
    Additionally, as part of Ohio's consultation with MANE-VU,\3\ MANE-
VU identified 28 stacks from 14 sources in Ohio contributing to
visibility impairment based on 2002 emissions. In Ohio's regional haze
SIP, the state declined to ``commit to any particular course of action
beyond the collaboration that occurred in 2009.'' Ohio noted, however,
that utilities within the state had made significant progress in
installing the SO2 controls requested by MANE-VU. In the
progress report, and subsequent letter to EPA dated July 11, 2017, Ohio
indicated that 27 of the 28 identified units have either shut down or
installed post-combustion emission control for SO2
emissions. The final unit does not have a scrubber installed, but to
comply with the SO2 Data Requirements Rule (80 FR 51052,
August 21, 2015) has accepted a Federally enforceable emission limit.
---------------------------------------------------------------------------

    \3\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various Federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis
Mohawk Tribe, and Vermont.
---------------------------------------------------------------------------

    EPA proposes to conclude that Ohio has adequately addressed the
status of control measures in its regional haze SIP. Ohio describes the
implementation status of measures from its regional haze SIP, including
the status of control measures to meet BART and reasonable progress
requirements, the status of measures from on-the-book controls and the
status of control measures applied to stacks identified by MANE-VU.
2. Summary of Emissions Reductions Achieved in the State Through
Implementation of Measures
    In its progress report, Ohio summarizes the status of the emissions
reduction measures that were included in its 2011 regional haze SIP,
specifically, the status of the on-the-books emissions reduction
measures on which the state relied. Ohio also notes the conclusion in
its original regional haze SIP that the majority of visibility-
impairing point source emissions in the State come from EGUs. The
original SIP showed dramatic reductions in projected emissions from
EGUs due to CAIR. Ohio's progress report accordingly discusses the
implementation of CAIR and its successor, CSAPR.\4\ The other measures
addressed in the progress report include on- and off-highway mobile
source rules, area source rules, and Title IV programs.
---------------------------------------------------------------------------

    \4\ CSAPR was issued by EPA to replace CAIR and to help states
reduce air pollution and attain CAA standards. See 76 FR 48208
(August 8, 2011) (final rule). CSAPR requires substantial reductions
of SO2 and NOX emissions from EGUs in 28
states in the Eastern United States that significantly contribute to
downwind nonattainment of the 1997 PM2.5 and ozone NAAQS
and 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------

    As described above, throughout the litigation surrounding CAIR and
CSAPR, EPA continued to implement CAIR. Thus, CAIR was in effect
through the end of 2014. Ohio explained in its progress report that
with CAIR remaining in effect throughout this process, Ohio has acted
in accordance with the CAIR program, as determined by the Ohio Regional
Haze SIP, resulting in emissions reductions from its EGUs. Data from
the EPA Clean Air Markets Division shows NOX emissions from
EGUs in Ohio decreased from 370,497 tons per year (TPY) in 2002 to
89,345 TPY in 2014, a 76% decrease. SO2 from EGUs in Ohio
decreased from 1,132,069 TPY in 2002 to 290,402 TPY in 2014, a 75%
decrease. Table 1 below shows the annual reductions of SO2
and NOX for Ohio. These decreases were a result of CAIR and
other implementation strategies. Ohio further concluded that

with CSAPR now being implemented, additional reductions in emissions
from Ohio EGUs would result because the CSAPR budgets are more
stringent than under CAIR. See 80 FR 75706.

                  Table 1--Actual SO2 and NOX Emissions
------------------------------------------------------------------------
                                                 SO2 (tons)   NOX (tons)
                     Year
------------------------------------------------------------------------
2002..........................................    1,132,069      370,497
2003..........................................    1,175,905      359,285
2004..........................................    1,091,520      270,449
2005..........................................    1,085,485      258,222
2006..........................................      962,288      241,995
2007..........................................      954,646      240,722
2008..........................................      709,444      237,585
2009..........................................      600,692       97,562
2010..........................................      572,164      108,048
2011..........................................      575,474      103,591
2012..........................................      323,977       84,281
2013..........................................      282,195       86,619
2014..........................................      290,403       89,345
------------------------------------------------------------------------

3. Assessment of Visibility Conditions and Changes for Each Mandatory
Class I Federal Area in the State
    Ohio noted in its progress report that it does not have any Class I
areas within its boundaries, and as the applicable provisions pertain
only to states containing Class I areas, no further discussion is
necessary. EPA concurs, and proposes to conclude that Ohio has
adequately addressed the applicable provisions of 40 CFR 51.308(g).
4. Analysis Tracking Emissions Changes of Visibility-Impairing
Pollutants
    In its progress report, Ohio tracked changes in emissions of
visibility-impairing pollutants using a base year inventory of 2005 and
the 2011 National Emissions Inventory, the most recent updated
inventory of actual emissions for the state at the time that it
developed the progress report. For both years, pollutants inventoried
include NOX, fine particulate matter (PM2.5),
coarse particulate matter (PM10), ammonia (NH3),
and SO2. The emissions inventories, include all point,
nonpoint, on-road, non-road, marine-aircraft-rail (MAR), and other
sources.
    Table 2 below shows the progress made from 2005-2011 toward the
projected 2018 emission reductions indicated in the 2011 Ohio regional
haze SIP submission. In the 2005 inventory, SO2 emissions
were 1,241,414 TPY and the reduction projected by 2018 was 799,830 TPY
for an annual SO2 emission of 441,584 TPY. In 2011,
SO2 emissions had already decreased by 563,523 TPY, or
achieved 70 percent of the expected reduction. With the exception of
NH3, which Ohio predicted to increase during the first
implementation period (it actually decreased), all other pollutants at
the time of the progress report had achieved more than 50 percent of
the expected 2018 emissions reductions.

                                     Table 2--Emissions Reductions--2005 to 2011 vs. Projected 2018 Reductions (TPY)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                VOC             NOX            PM2.5           PM10             NH3             SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 to 2018 expected reduction.........................         151,522         392,994           3,521           4,497         -10,028         799,830
2005 to 2011 reduction..................................          86,950         266,969          14,996          19,214          19,775         563,523
% toward 2018 RPG.......................................              57              68             426             427             N/A              70
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA proposes to conclude that Ohio has adequately addressed the
applicable provisions of 40 CFR 51.308.
5. Assessment of Any Significant Changes in Anthropogenic Emissions
    In its progress report, Ohio indicated that no significant changes
in anthropogenic emissions have impeded progress in reducing emissions
and improving visibility in Class I areas impacted by Ohio sources. The
state referenced its analyses in the progress report identifying an
overall downward trend in these emissions.
    EPA proposes to conclude that Ohio has adequately addressed the
applicable provisions of 40 CFR 51.308.
6. Assessment of Whether the Implementation Plan Elements and
Strategies Are Sufficient To Enable Other States To Meet RPGs
    In its progress report, Ohio concludes that the elements and
strategies outlined in its original regional haze SIP are sufficient to
enable Ohio and states where Ohio contributes to visibility impairments
to meet all the established RPGs. To support this conclusion, Ohio
notes that Kentucky,\5\ Maine,\6\ North Carolina,\7\ Virginia,\8\ and
West Virginia \9\ prepared progress reports demonstrating that
visibility is improving at Class I areas and according to these reports
Ohio is not interfering with the ability of these states to meet
reasonable progress goals.
---------------------------------------------------------------------------

    \5\ https://www.federalregister.gov/documents/2017/08/07/2017-16484/air-plan-approval-kentucky-regional-haze-progress-report.
    \6\ https://www.federalregister.gov/documents/2017/07/20/2017-15266/air-plan-approval-me-regional-haze-5-year-progress-report.
    \7\ https://www.federalregister.gov/documents/2016/08/25/2016-20309/air-plan-approval-north-carolina-regional-haze-progress-report.
    \8\ https://www.federalregister.gov/articles/2014/05/02/2014-10110/approval-and-promulgation-of-implementation-plans-virginia-regional-haze-five-year-progress-report.
    \9\ https://www.federalregister.gov/articles/2015/06/05/2015-13801/approval-and-promulgation-of-implementation-plans-west-virginia-regional-haze-five-year-progress.
---------------------------------------------------------------------------

    Ohio's long term strategy relied heavily on the emission reductions
from CAIR, a program that has now been replaced by CSAPR. At the
present time, the requirements of CSAPR apply to sources in Ohio under
the terms of a FIP. The Regional Haze Rule requires an assessment of
whether the current ``implementation plan'' is sufficient to enable the
states to meet all established reasonable progress goals. 40 CFR
51.308(g). The term ``implementation plan'' is defined for purposes of
the Regional Haze Rule to mean ``any [SIP], [FIP], or Tribal
Implementation Plan.'' 40 CFR 51.301. EPA is, therefore, proposing to
determine that we may consider measures in any issued FIP, as well as
those in a state's regional haze SIP, in assessing the adequacy of the
``existing implementation plan'' under 40 CFR 51.308(g)(6) and (h).
    EPA proposes to conclude that Ohio has adequately addressed the
applicable provisions of 40 CFR 51.308. EPA views this requirement as
an assessment that should evaluate emissions and visibility trends and
other readily available information. Ohio determined its regional haze
SIP is sufficient to enable other States to meet the RPGs for the Class
I areas impacted by the State's emissions.
7. Review of the State's Visibility Monitoring Strategy
    Ohio's progress report states there are no Class I areas within its
borders and is not required to have a visibility monitoring strategy in
place. EPA concurs, and proposes to conclude that Ohio has adequately
addressed the requirements for a monitoring strategy for regional haze
and propose to

determine no further modifications to the monitoring strategy are
required.

B. Determination of Adequacy of Existing Regional Haze Plan

    In its progress report, Ohio submitted a negative declaration to
EPA regarding the need for additional actions or emission reductions in
Ohio beyond those already in place and those to be implemented by 2018
according to Ohio's regional haze plan.
    In the 2016 progress report submittal, Ohio determined the existing
regional haze SIP requires no further substantive revision at this time
to achieve the RPGs for Class I areas affected by the State's sources.
The basis for the State's negative declaration is the finding that
visibility has improved at all Class I areas in the MANE-VU region. In
addition, SO2, NOX, and PM emissions from the
latest emission inventory for Ohio have decreased by more than 50% in
the five-year time period, indicating that Ohio is on track to achieve
the expected emission reductions outlined in its regional haze SIP.
    EPA proposes to conclude that Ohio has adequately addressed the
provisions under 40 CFR 51.308(h) because monitored visibility values
and emission trends indicate that Class I areas impacted by Ohio's
sources are meeting or exceeding the RPGs for 2018, and are expected to
continue to meet or exceed the RPGs for 2018.

C. Public Participation

    On December 14, 2015, Ohio provided an opportunity for FLMs to
review the revision to Ohio's SIP reporting on progress made during the
first implementation period toward RPGs for Class I areas outside the
state that are affected by emissions from Ohio's sources. This was 60
days in advance of the public hearing.
    Ohio's progress report includes the FLM comments in Appendices B.2
and B.3, and responses to those comments in Appendix B.4 to the
progress report. Comments were received from the U.S. Forest Service
and National Park Service. Ohio incorporated two of the three comments
into the progress report and provided an explanation for not
incorporating the third comment in the progress report.
    Ohio also published notification for a public hearing and
solicitation for full public comment on the draft progress report in
widely distributed publications. A public hearing was held on February
25, 2016. No comments were received and no testimony was provided.
    EPA proposes to find that Ohio has addressed the applicable
requirements in 51.308(i) regarding FLM consultation.

III. What action is EPA taking?

    EPA is proposing to approve Ohio's Regional Haze five-year progress
report, submitted March 11, 2016, as meeting the applicable regional
haze requirements as set forth in 40 CFR 51.308(g) and 51.308(h).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: September 28, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-22230 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P