![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Approval and Promulgation of Implementation Plans; Ohio
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 31, 2002 (Volume 67, Number 21)]
[Rules and Regulations]
[Page 4669-4673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja02-15]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH 103-1a; FRL-7114-1]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On March 20, 2000, Ohio submitted certain revisions to the
State Implementation Plan (SIP) for sulfur dioxide (SO2) for
several Ohio counties. Today, EPA is rulemaking on portions of this
submittal which were not addressed in a June 5, 2000, rulemaking
[[Page 4670]]
(see 65 FR 35577). In today's action, EPA is approving revised emission
limits for sources in Butler, Pickaway, and Lake Counties. In addition,
EPA is approving selected parts of the State's rules for compliance
schedules and test methods. In conjunction with these actions, EPA is
rescinding federally promulgated SO2 emission limits for
Butler, Lorain, Coshocton, Gallia, and Lake Counties, since these
limitations have been superseded by approved State limits.
DATES: This ``direct final'' rule is effective on April 1, 2002, unless
EPA receives adverse written comments by March 4, 2002. If EPA receives
adverse written comments, EPA will publish a timely withdrawal of the
rule in the Federal Register and will inform the public that the rule
will not take effect.
ADDRESSES: You may send written comments to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the revision request are available for inspection at the
following address: Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
(We recommend that you telephone Phuong Nguyen, Environmental
Scientist, at (312) 886-6701 before visiting the Region 5 office.)
FOR FURTHER INFORMATION CONTACT: Phuong Nguyen at (312) 886-6701.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we''
``us'' or ``our'' are used we mean EPA. This supplemental information
section is organized as follows:
I. What rules are EPA addressing today?
II. Summary and analysis of the state rules.
1. Butler County (OAC 3745-18-15)
2. Pickaway County (OAC 3745-18-71)
3. Lake County (OAC 3745-18-49)
4. Compliance Time Schedules (OAC 3745-18-03)
5. Measurement Methods and Procedures (OAC 3745-18-04)
III. Federal Implementation Plan (FIP) replacement.
IV. What action is EPA taking?
1. Action on State rules.
2. Action on Federal Implementation Plan (FIP).
V. Administrative requirements.
I. What Rules Are EPA Addressing Today?
On March 20, 2000, Ohio submitted several revised SO2
rules to EPA. EPA approved the Coshocton, Gallia, and Lorain county
portions of this submittal on June 5, 2000 (65 FR 35577). Today EPA is
taking action on the remaining elements of the March 20, 2000
submittal. The rules that EPA is addressing are listed in the following
table.
Table 1.--Rules Being Addressed in This Action
------------------------------------------------------------------------
State rule Rule subject
------------------------------------------------------------------------
OAC 3745-18-15............................ Butler County.
OAC 3745-18-71............................ Pickaway County.
OAC 3745-18-49............................ Lake County.
OAC 3745-18-03............................ Compliance Time Schedules.
OAC 3745-18-04............................ Measurement Methods and
Procedures.
40 CFR 52.1881(b)......................... Removal of Superseded Parts
of the FIP.
------------------------------------------------------------------------
EPA has prepared a technical support document (TSD) dated September
5, 2001 discussing these rules, providing the history of related
rulemaking and a more detailed analysis of the State's submittal.
II. Summary and Analysis of the State Rules
1. Butler County (OAC 3745-18-15)
The TSD describes the history of SO2 limitations in
Butler County. This history includes federal promulgation of limits and
the rescission of most of these limits, as well as a State submittal of
comparable rules that EPA disapproved. The recent State submittal is
intended to fill the gap in federally enforceable rules. The TSD also
describes modeling conducted by Ohio EPA to assess the impact of the
Butler county revisions.
EPA analyzed the State's submittal by comparing it with existing
federally enforceable limits. Due to historical rule rescissions,
existing federally enforceable limits still apply to only a few
relatively insignificant sources in the County. By contrast, Ohio's new
limits establish source-specific limits for the full range of
significant sources in the County. For some sources, the new limits are
slightly less stringent. However, these sources are relatively
insignificant in comparison to the sources that now have limits and
were previously unregulated. EPA expects the tightening effect of
establishing limits on the most significant sources will far outweigh
the slight relaxation in limits for some sources, particularly in the
areas most likely to observe exceedances of the National Ambient Air
Quality Standards (NAAQS) but also in most, if not all, of the rest of
the County. Consequently, EPA is approving the full set of rules Ohio
submitted for Butler County on the basis of their effect of
strengthening the SIP's protection against NAAQS violations.
2. Pickaway County (OAC 3745-18-71)
The TSD explains the history of SO2 modeling conducted
to assess the impact in Pickaway County of new sources in southern
Franklin County. As a result of the modeling, Ohio adopted a lower
emission limit for boilers at the Picway Generating Plant. Ohio changed
the allowable emission limit for the Columbus Southern Power Company,
Picway Generating Plant boiler numbers 7, 8, and 9 from 9.9 to 5.6
pounds of the sulfur dioxide per Million British Thermal Unit (MM BTU)
actual heat input for each boiler. EPA reviewed the modeling and
concurred that an emission limit of 5.6 pounds of sulfur dioxide per MM
BTU is adequate to meet the NAAQS. EPA, therefore, approves this rule
revision.
3. Lake County (OAC 3745-18-49)
The TSD describes the history of SO2 emission limits in
Lake County. This history includes the approval of State-adopted limits
which were covered in the March 17, 1999 rulemaking (64 FR 13071). The
TSD also discusses the lawsuit involved with the Painesville Municipal
Plant. This lawsuit concluded with a consent decree which required
Painesville to physically modify the unit to derate its capacity to
below the new source performance standards (NSPS) threshold (250 MMBTU
per hour). The consent decree also established an interim limit of 4.7
pounds per MM BTU and called for establishment of a final limit
pursuant to modeling.
EPA has previously approved modeling for this area of Lake County.
The modeling showed attainment based, in part, on a limit of 5.7 pounds
per MM BTU for all units at the Painesville Municipal Plant. EPA
previously approved application of this limit to other boilers at the
Painesville Municipal Plant besides boiler number 5. EPA is relying on
that same modeling as a basis for approving the same limit for boiler
number 5.
4. Compliance Time Schedules (OAC 3745-18-03)
Rule OAC 3745-18-03 addresses the compliance time and schedules for
sources in the entire State of Ohio. The TSD explains in detail why EPA
did not rulemake on the entire 1979 version of this rule in January 27,
1981 (46 FR 8482).
[[Page 4671]]
In today's action, EPA is approving the overall compliance deadline
for Butler County (OAC 3745-18-03(A)(2)(d)) as well as certification
and permit application requirements for sources in Butler County (OAC
3745-18-03(B)(8)). EPA is also approving the compliance time schedules
for sources in both Butler County (3745-18-03(C)(6)), and Pickaway
County (3745-18-03(C)(10)).
In a previous rulemaking approving the Lorain County limits, EPA
inadvertently failed to approve the associated compliance provisions,
in particular, the certification and permit application requirements
for U.S. Steel Corporation in Lorain County (OAC 3745-18-03(B)(4)). EPA
is approving these provisions today.
5. Measurement Methods and Procedures (OAC 3745-18-04)
Rule OAC 3745-18-04 addresses the measurement methods and
procedures for sources in the entire State of Ohio. The TSD describes
the history and provides a more detailed review of these rule
revisions.
In today's action, EPA approves the test methods and procedures for
sources in Butler County (OAC 3745-18-04(D)(9)). The rule allows
sources which are burning coal in Butler County to be able to use stack
tests, continuous emission monitoring, or coal sampling and analysis as
the methods for determining compliance with the applicable
SO2 emission limits. EPA also approves paragraph OAC 3745-
18-04(E)(7) which specifies the test methods and procedures for
determining compliance with the applicable SO2 limits for
any boiler burning fuel other than coal in Butler County.
In addition, Ohio changed paragraphs (D)(7), (D)(8), and (G) for
sources in Hamilton County, which EPA had approved in 1994 (59 FR
43287). The revised rule OAC 3745-18-04 changes a conversion factor in
the emission rate calculation for solid fuel in Hamilton County from
1.95 to 1.9. Hamilton County sources would now apply the same
conversion factor as other sources in the State. EPA believes this is
an appropriate revision to the SIP.
Finally, EPA is approving an amendment in OAC 3745-18-04(F)(4). The
amendment increases the cut point from 0.5 to 0.6 pounds of
SO2 per million standard cubic feet in natural gas that has
a heat content greater than 950 BTU per standard cubic feet. EPA
believes that such an emissions increase is insignificant; therefore,
we approve this revision.
III. FIP Replacement
Several of the FIP limits that EPA promulgated in 1976 have become
superseded by approval of corresponding state rules. EPA approved State
adopted emission limits for Lorain, Coshocton, and Gallia on June 5,
2000 (65 FR 35577), and for Lake County on March 30, 1998 (63 FR
15091). In this action, EPA is approving the emission limits for Butler
County. These state-adopted emission limits supersede the FIP limits.
Therefore, EPA rescinds the federal promulgated emission limitations
for SO2 for Butler, Lorain, Coshocton, Gallia, and Lake
Counties since the FIP limits are no longer needed.
IV. What Action Is EPA Taking?
A. Action on State Rules
In this action, EPA is approving the emission limits for specific
sources in Butler (OAC 3745-18-15), Pickaway (OAC 3745-18-71), and Lake
(OAC 3745-1849) Counties. In addition, EPA is approving the overall
compliance deadlines, certification and permit application, and
compliance time schedule for Butler (OAC 3745-18-03(A)(2)(d), OAC 3745-
18-03(B)(8), and OAC 3745-18-03 (C)(6)), Pickaway Counties (OAC 3745-
18-03(C)(10)).
EPA is also approving the certification and permit application for
U.S. Steel Corporation in Lorain County (OAC 3745-18-03(B)(4)).
Finally, EPA is approving the test methods and procedures for
sources in Butler County (OAC 3745-18-04 (D)(9), OAC 3745-18-04(D)(8),
OAC 3745-18-04(E)(7)). EPA is also approving a change in the sulfur to
sulfur-dioxide conversion factor used in Hamilton County (OAC 3745-18-
04-(F)(1)), as well as a change in the sulfur content used to define a
de minimis exemption for natural gas (OAC 3745-18-04(F)(4)).
B. Action on FIP
EPA is rescinding the federal promulgated emission limits for
SO2 sources in Butler, Lorain, Coshocton, Gallia, and Lake
Counties codified at 40 CFR 52.1881(b)(12),(14),(17),(18), and (20),
respectively.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
C. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and
[[Page 4672]]
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
D. Executive Order 13175
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
E. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulation action under Executive Order 12866.
F. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
G. Unfunded Mandates
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
H. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective April 1, 2002, unless EPA receives
adverse written comments by March 4, 2002.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
J. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 2002. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping,
Sulfur dioxide.
Dated: November 29, 2001.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
2. Section 52.1870 is amended by adding paragraph (c)(125) to read
as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c)* * *
(125) On March 20, 2000, the Ohio Environmental Protection Agency
submitted revised rules to control sulfur dioxide emissions in Butler
and Pickaway Counties, and a revision to compliance time schedules as
well as measurement methods and procedures for SO2 sources
for the State of Ohio. Ohio has rescinded OAC 3745-18-04 (G), which had
special emission calculation procedures for Hamilton County.
(i) Incorporation by reference.
[[Page 4673]]
(A) Rules OAC 3745-18-03(A)(2)(d); OAC 3745-18-03(B)(4); OAC 3745-
18-03(B)(8); OAC 3745-18-03(C)(6); OAC 3745-18-03(C)(10); 3745-18-
04(D)(8); 3745-18-04(D)(9); OAC 3745-18-04(E)(7); OAC 3745-18-04(F);
OAC 3745-18-15; OAC 3745-18-71. Adopted March 1, 2000, effective March
21, 2000.
(B) Rule OAC 3745-18-49(F), effective May 11, 1987.
* * * * *
3. Section 52.1881 is amended by revising paragraphs (a)(4),
(a)(8), and removing and reserving paragraphs (b)(12), (b)(14),
(b)(17), (b)18), and (b)(20) to read as follows:
Sec. 52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
(a) * * *
(4) Approval--EPA approves the sulfur dioxide emission limits for
the following counties: Adams County (except Dayton Power & Light-
Stuart), Allen County (except Cairo Chemical), Ashland County,
Ashtabula County, Athens County, Auglaize County, Belmont County, Brown
County, Butler County, Carroll County, Champaign County, Clark County,
Clermont County, (except Cincinnati Gas & Electric-Beckjord), Clinton
County, Columbiana County, Coshocton County, Crawford County, Darke
County, Defiance County, Delaware County, Erie County, Fairfield
County, Fayette County, Fulton County, Gallia County, Geauga County,
Greene County, Guernsey County, Hamilton County, Hancock County, Hardin
County, Harrison County, Henry County, Highland County, Hocking County,
Holmes County, Huron County, Jackson County, Jefferson County, Knox
County, Lake County, Lawrence County (except Allied Chemical-South
Point), Licking County, Logan County, Lorain County, Lucas County
(except Gulf Oil Company, Coulton Chemical Company, and Phillips
Chemical Company), Madison County, Marion County, Medina County, Meigs
County, Mercer County, Miami County, Monroe County, Montgomery County
(except Bergstrom Paper, Miami Paper), Morgan County, Morrow County,
Muskingum County, Noble County, Ottawa County, Paulding County, Perry
County, Pickaway County, Pike County (except Portsmouth Gaseous
Diffusion Plant), Portage County, Preble County, Putnam County,
Richland County, Ross County (except Mead Corporation), Sandusky County
(except Martin Marietta Chemicals), Scioto County, Seneca County,
Shelby County, Trumbull County, Tuscarawas County, Union County, Van
Wert County, Vinton County, Warren County, Washington County (except
Shell Chemical), Wayne County, Williams County, Wood County (except
Libbey-Owens-Ford Plants Nos. 4 and 8 and No. 6), and Wyandot County.
* * * * *
(8) No Action--EPA is neither approving nor disapproving the
emission limitations for the following counties/sources pending further
review: Adams County (Dayton Power & Light-Stuart), Allen County (Cairo
Chemical), Clermont County (Cincinnati Gas & Electric-Beckjord),
Cuyahoga County, Franklin County, Lawrence County (Allied Chemical-
South Point), Lucas County (Gulf Oil Company, Coulton Chemical Company,
and Phillips Chemical Company), Mahoning County, Montgomery County
(Bergstrom Paper and Miami Paper), Pike County (Portsmouth Gaseous
Diffusion Plant), Ross County (Mead corporation), Sandusky County
(Martin Marietta Chemicals), Stark County, Washington County (Shell
Chemical Company), and Wood County (Libbey-Owens-Ford Plants Nos. 4 and
8 and No. 6).
* * * * *
[FR Doc. 02-2379 Filed 1-30-02; 8:45 am]
BILLING CODE 6560-50-P