Approval and Promulgation of State Implementation Plans; Ohio; Revised Oxides of Nitrogen (NOX) Regulation and Revised NOX Trading Rule

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 19, 2005 (Volume 70, Number 12)]
[Rules and Regulations]
[Page 2954-2959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja05-11]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-OH-0003; FRL-7850-4]

Approval and Promulgation of State Implementation Plans; Ohio;
Revised Oxides of Nitrogen (NOX) Regulation and Revised NOX Trading Rule

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On June 28, 2004, Ohio submitted an oxides of nitrogen
(NO_X) State Implementation Plan (SIP) revision request to
EPA which included amended rules in Ohio Administrative Code (OAC). The
purpose of the SIP revision is to exclude from the NO_X
trading program carbon monoxide boilers associated with fluidized
catalytic cracking units (FCCU). The revision also allocates additional
NO_X allowances to the overall budget and to the trading
budget to correct a typographical error made in the original rule.
Removal of the FCCU boilers from the NO_X trading program is
an option Ohio has elected to incorporate in its NO_X SIP.
The Ohio SIP revision addresses some minor corrections in the rules and
also incorporates by reference specific elements of the NO_X
SIP Call. EPA is approving the Ohio request because the changes conform
to EPA policy under the Clean Air Act. The collective emissions from
these sources are small and the administrative burden, to the states
and regulated entities, of controlling such sources is likely to be
considerable. Inclusion of these small NO_X sources in the
NO_X SIP Call control program would not be cost effective.

DATES: This ``direct final'' rule is effective on March 21, 2005 unless
EPA receives adverse written comments by February 18, 2005. If adverse
comment is received, EPA will publish a timely withdrawal of the rule
in the Federal Register and inform the public that the rule will not
take effect.

ADDRESSES: Submit comments, identified by Regional Material in eDocket
(RME) ID No. R05-OAR-2004-OH-0003 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov
Follow the on-line instructions for submitting comments. Agency Web site:
http://docket.epa.gov/rmepub/. RME, EPA's electronic public docket and
comment system, is EPA's preferred method for receiving comments. Once in
the system, select ``quick search'' then key in the instructions for
submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to:
J. Elmer Bortzer, Chief, Air Programs Branch, (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR-18J), 18th floor, U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2004-OH-
0003. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly

[[Page 2955]]

to EPA without going through RME or regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of the related proposed rule which is
published in the Proposed Rules section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at http://www.epa.gov/edocket. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
(We recommend that you telephone John Paskevicz, Engineer, at (312)
886-6084, before visiting the Region 5 office.) This EPA office is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6084.
Paskevicz.john@epa.gov

SUPPLEMENTARY INFORMATION:.

Table of Contents

I. General Information
II. Background
A. What Is the Intent of Today's Final Rule?
B. Who Is Affected by Today's Rule?
C. What Changes Did Ohio Make to Its NO_X SIP?
D. How Does This Change Affect NO_X Sources?
E. What Opportunities Were Provided by Ohio for Public Input
Into This Rule Change?
F. Why Is EPA Approving This Revision?
III. Final Action
IV. Supplementary Information--Electronic Filing
V. Statutory and Executive Order Reviews

I. General Information

On August 5, 2002, at 67 FR 50600, EPA published a completeness
determination that the Ohio NO_X SIP submittal contained all
of the elements of a NO_X plan required for review. On
January 16, 2003, 68 FR 2211, we published a direct final rule
approving Ohio's submittal. This rule was withdrawn on March 17, 2003,
68 FR 12590, before it became effective because EPA received an adverse
comment on the flow control issue. On August 5, 2003, 68 FR 46089,
having resolved flow control, EPA approved Ohio's NO_X State
Implementation Plan (SIP), designed to reduce NO_X emissions
from major fuel burning sources during the ozone season. The Ohio SIP
specifically addressed emissions from sources named in Ohio
Administrative Code (OAC) rules 3745-14 appendices A and B. These 2
appendices identify sources by location and plant identification number
and list NO_X allocations for each plant. Appendix B lists
NO_X allowance allocations for the ozone season for regulated
non-electrical generating units (non-EGUs).
Following the August 5, 2003 approval, EPA issued an NO_X
SIP Call applicability statement which clarifies inclusion of a
specific NO_X source category [carbon monoxide (CO) boilers]
and gives States the option to include or exclude this source category
of boilers in the trading program. These CO boilers are associated with
fluidized catalytic cracking units (FCCU) found in oil refineries and
used to combust, and thereby control, CO emissions and to produce steam
for use at the refinery. NO_X is produced by the FCCU and by
the CO boiler and the total vents through the boiler stack. As fuel
burning sources, these units could be included in the NO_X
trading program if the State so desired. The EPA applicability
statement gives this option to the States.
The Ohio NO_X SIP Call inventory for non-EGUs includes
some, but not all, FCCU-CO boilers. Some boilers were listed in the
Ohio NO_X inventory as CO control equipment and some were
listed as energy recovery units. These inventory inconsistencies also
occurred in other state inventories in NO_X SIP Call states.
Because of these inconsistencies from state to state, EPA developed its
applicability statement to allow each state with one or more FCCU-CO
boiler the option of determining whether all of its large FCCU-CO
boilers are covered, or all of its large FCCU-CO boilers are not
covered by the NO_X SIP trading program. However, in this
option, EPA does not intend to allow states to split this category of
sources by including some, but not all, large FCCU-CO boilers in the
trading program. To prevent splitting the category, EPA needed to
provide an explanation as to how allowances would be addressed for
states like Ohio with some but not all FCCU-CO sources in the rule.

II. Background

A. What Is the Intent of Today's Final Rule?

Today's final rule resolves the significant issue of applicability
of this rule to certain fuel burning units. It is intended to give
affected sources in Ohio a clear indication that CO boilers associated
with fluidized catalytic cracking units (FCCU) at oil refineries are
not subject to Ohio's NO_X budget rule. This action excludes
these units from the NO_X budget trading program and the
monitoring requirements of the State rule, and clears up for owners of
these sources the question of whether or not monitoring, record-keeping
and reporting requirements are required for these sources.

B. Who Is Affected by Today's Rule?

This rule revision affects all refineries in Ohio which have carbon
monoxide boilers associated with fluidized catalytic cracking units.
There are three refineries in Ohio which are affected by this rule
change. However, since the beginning of the NO_X trading
program, all three refineries have been granted an exemption from the
monitoring, recordkeeping and reporting requirements of the Ohio
NO_X budget rule and the requirements of the NO_X
SIP Call. The exemption was granted in writing by EPA. Ohio had already
completed the change to its rules and there was no need for the
refiners to request an exemption from Ohio.

C. What Changes Did Ohio Make to Its NO_X SIP?

Ohio made a number of changes to the NO_X rules as noted
in Table I, below.

[[Page 2956]]

Table I
------------------------------------------------------------------------
Reference Description of change
------------------------------------------------------------------------
3745-14-01(B)(2)(h).......... Changed the definition of ``boiler'' to
exclude CO boilers associated with
combusting CO from fluidized catalytic
crackers at petroleum refineries.
3745-14-01(B)(2)(q).......... Changed the definition of ``continuous
emission monitoring system'' to coincide
with the definition in 40 CFR Part 97.
3745-14-01(B)(2)(z).......... Corrected a typographical error, changed
the word ``combination'' with the word
``combustion.''
3745-14-01(C)(1)............. Changed the applicability of the rules
for cogeneration units.
3745-14-01(D)(2)(c).......... Made minor corrections to references
within this section of the rule.
3745-14-01(G)................ This chapter was amended to add
significant amounts of State EPA and
Federal EPA materials through
incorporation by reference (IBR). The
text of the incorporated material is not
included but the specific materials
incorporated as they exist on the
effective date of the State rule are
made part of the regulations and are
listed in detail in the revised rule.
Items included as part of the IBR are:
the Clean Air Act and specific sections
of Title IV; specific elements of part
51, part 52, part 60, part 72, and part
75 of the Code of Federal Regulations,
and the Ohio EPA Weekly Review.
3745-14-03(B)(3)(a).......... Made a minor correction to reference
within this section of the rule.
3745-14-05(A)................ This is the section of the Ohio rule
which identifies the total number of
allowances in the State's trading
budget. The exclusion of FCCU-CO boilers
from the requirements of the NOX program
changes both the total number of
allowances and the number of allowances
for regulated non- electric generating
units listed in appendix B of the
State's plan. Details regarding this
change are found in the State's revised
budget demonstration. The revised total
trading program budget includes 49,460
NOX allowances. The revised number of
NOX allowances, for non-electric
generating units, is 4,028.
3745-14 Appendix B........... Appendix B is the list of regulated non-
electric generating units subject to the
3745-14 NOX budget program. This revised
appendix reflects the exclusion of FCCU-
CO boilers from the trading program. And
it also incorporates the 16 NOX
allowances for Premcor's unit B026.
------------------------------------------------------------------------

The Ohio NO_X plan revision was reviewed based on the
elements set forth in Appendix V, 40 CFR part 51.
The State's submittal included: A formal letter requesting approval
of the rule revision; evidence of legal authority; evidence that the
rules were adopted in the Ohio Code; a copy of the rule; evidence that
Ohio followed the requirements of the State's administrative procedures
act; copy of the public notice; evidence that a public hearing was
held; and copy of public comments.
The submittal included a revised budget demonstration, describing
the changes to the Ohio NO_X emission budget and the
NO_X trading budget. Following original EPA approval of the
Ohio NO_X plan, the State discovered that an existing unit at
the Premcor Refinery in Lima, Ohio should have been included in the
rules as a regulated unit but was not. It also discovered that the
rules regulated two CO boilers associated with FCCU boilers at the
Sunoco Refinery in Ohio and did not regulate two similar FCCU-CO
boilers, one belonging to Premcor Refinery and one at BP Toledo
Refinery. These corrections are made in the Ohio rule revision. The
impact of these changes on the trading budget is noted in Table II.
Ohio also learned that EPA had given other States the option of
regulating or not regulating similar FCCU-CO boilers, and moved to make
the changes to its rules. On the basis of this information, Ohio
initiated a change to its trading rules which were made effective on
May 5, 2004.

Table II
---------------------------------------------------------------------------------------------------------------
NoX emission budget NOX allowance allocations
------------------------------------------------------------------------
Uncontrolled Controlled
Company Unit -------------------------------------------
2002 rule & 2002 rule 2004 revision
2004 revision 2002 rule 2004 revision
---------------------------------------------------------------------------------------------------------------
Premcor...................... B026... 40 40 16 0 16
Sunoco....................... B044... 78 31 78 36 0
B046... 56 22 56 19 0
-----------------
Total for all non-EGUs... ....... 50,001 49,194 40,251 4,067 4,028
---------------------------------------------------------------------------------------------------------------

D. How Does This Change Affect NO_X Sources?

CO boilers associated with fluidized catalytic cracking units at
oil refineries are not required to be part of the NO_X
trading program. This has significant meaning for owners of these
boilers regarding annual operating costs for monitoring and reporting.
Allowances are no longer available for these sources, and potential
income from the sale of emission reduction credits no longer exists.
More importantly for the owners of the sources, because these units are
not part of the trading program, there is no longer a requirement for
these sources to monitor, record and report emissions of NO_X
for these units under 40 Code of Federal Regulations part 75. This
relieves the owners of these small sources from the substantial burden
and expenses associated with the monitoring requirements of the Ohio
trading rule.

E. What Opportunities Were Provided by Ohio for Public Input Into This
Rule Change?

The Clean Air Act (Act) requires States to allow the public an
opportunity to review and comment on any State's plan to implement
provisions of the Act. Section 110(a)(1) of the Act states, ``Each
State shall, after reasonable notice and public hearings, adopt and
submit to the Administrator

[[Page 2957]]

* * * a plan * * *'' Ohio provided reasonable notice and public input.
Ohio's Revised Administrative Code states that the Director of the
Ohio Environmental Protection Agency ``* * * may conduct public
hearings on any plan for the prevention, control, and abatement of air
pollution that the director is required to submit to the Federal
government.'' (Ohio Revised Code Chapter 3704.03, Powers of the
director of environmental protection.)
On October 21, 2003, Ohio advised the affected community of a
proposed rulemaking and public hearing concerning Rules 3745-14-01,
3745-14-03, and 3745-14-05 of the Ohio Administrative Code. Notice was
made available to the public and affected industries via Ohio EPA's web
site and by direct electronic mail to the State's list of interested
parties. This notice announced a thirty-day comment period beginning
October 21, 2003. Comments were received and the rule was revised in
response to the comments and again made available on the State's
website. A public hearing was held in Columbus on March 11, 2004, at
which no comments were made, and no comments were received via either
U.S. Mail or electronic mail.
Ohio published a notice of adoption of amended rules, and in the
notice offered its citizens, and affected industry, an opportunity to
appeal the Ohio EPA Director's findings and orders, and again sent an
announcement of this opportunity to the list of interested parties. No
appeals were made. The revision was approved by the Director and became
effective on May 5, 2004.

F. Why Is EPA Approving This Revision?

EPA is approving this revision because it conforms with the intent
of EPA's applicability statement regarding boilers associated with
fluidized catalytic cracking units located at oil refineries. This
applicability statement or policy is available from the EPA Clean Air
Markets Division (CAMD.) A copy of this policy is available at the
following Web link: http://www.epa.gov/airmarkets/fednox/
boilerpolicy.pdf. The intent of the policy has been articulated in
letters to all three sources in Ohio which are affected by the Ohio
NO_X rule.\1\ In anticipation of the pending changes to the
Ohio trading rule, these sources petitioned EPA and Ohio to exempt
specific units from the requirements of OAC 3745-14-01, the monitoring,
recordkeeping and reporting requirement of the Ohio NO_X
trading rule.
---------------------------------------------------------------------------

\1\ Letter dated June 28, 2004, from Sam Napolitano, Director,
Clean Air Markets Division, EPA to Mr. Allen R. Ellet, Air Quality
Team Leader, BP Oil Company, Toledo Refinery, Toledo, Ohio. In this
letter, EPA approves an extension to the deadline for compliance by
the CO boiler with the monitoring, recordkeeping and reporting
requirements of the Ohio NO_X budget trading program.
---------------------------------------------------------------------------

Prior to the May 31, 2004 start of the trading program, EPA had
already exempted these sources from the monitoring requirements. The
exemptions were based on requests from the sources, and were made with
the understanding that Ohio, with guidance from EPA, would amend its
rules to exempt these sources from monitoring, and submit the rules to
EPA to formalize the revision to the Ohio NO_X plan. EPA
agreed with the exemptions because the units at these sources are
considered small emitters and were not factored into the cost-
effectiveness determination in the development of the original EPA
rule. 63 FR 57356, October 27, 1998. Also, many of these units which
are classified as CO emission control equipment in some state
inventories are not significant emitters of NO_X. EPA did not
intend these units to be included in the NO_X trading program
because the emissions from this category were relatively small (less
than 1 ton per day) 63 FR 57356, October 27, 1998. Ohio corrected this
applicability issue by revising the State rule to exempt these units
from the requirements of the NO_X program. EPA agrees with
the State's revision.

III. Final Action

We are approving Ohio's revision to the State's NO_X plan
because it continues to meet the requirements of the EPA NO_X
trading program. The State's revision makes a minor adjustment in the
overall trading budget which EPA had confirmed was approvable. EPA
agreed with Ohio prior to the start of the 2004 ozone season that this
change would be approved and that affected FCCU-CO boilers would not be
required to implement NO_X rule requirements as long as Ohio
continued to make progress to change the rules. The rule changes
affecting the definition of boiler and adjusting the budget became
effective in the State on May 5, 2004. This adjustment in the budget
was recognized by EPA as a necessary change to accommodate Ohio's
change in the definition of ``boiler'' in the State rule. EPA is
publishing this action as a final rule because it serves to implement
the intent of the NO_X SIP Call and EPA policy and improves
operation of Ohio's NO_X plan.
In the event we receive substantive adverse comment, this direct
final rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on a proposed rule published
elsewhere in today's Federal Register.

IV. Supplementary Information--Electronic Filing

A. How Can I Get Copies of This Document and Other Related Information?

1. The Regional Office has established an electronic public
rulemaking file available for inspection on RME and a hard copy file
which is available for inspection at the Regional Office. EPA has
established an official public rulemaking file for this action under
RME ID No. R05-OAR-2004-OH-0003. The official public file consists of
the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that, if at all possible, you contact the person
listed in the For Further Information Contact section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://
www.regulations.gov where you can find, review, and submit
comments on Federal rules that have been published in the Federal Register,
the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available

[[Page 2958]]

at the Regional Office for public inspection.

B. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 RME ``R05-OAR-2004-OH-
0003'' in the subject line on the first page of your comment. Please
ensure that your comments are submitted within the specified comment
period. Comments received after the close of the comment period will be
marked ``late.'' EPA is not required to consider these late comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.

V. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175
(65 FR 67249, November 9, 2000).

Executive Order 13132 Federalism

This action also does not have federalism implications because it
does 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 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

In reviewing plan submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a plan submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

The Congressional Review Act, 5 U.S.C. section 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. Section 804 exempts from section 801 the
following types of rules: (1) Rules of particular applicability; (2)
rules relating to agency management or personnel; (3) rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding this action under
section 801 because this is a rule of particular applicability.
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 March 21, 2005. 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, Oxides of nitrogen, Reporting
and recordkeeping requirements.

Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.

? For the reasons stated in the preamble, part 52, Chapter I, title 40 of
the Code of Federal Regulations is 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.

[[Page 2959]]

Subpart KK--Ohio

? 2. Section 52.1870 is amended by adding paragraph (c)(132) to read as
follows:

Sec. 52.1870 Identification of plan.

* * * * *
(c) * * *
(132) On June 28, 2004, the Ohio Environmental Protection Agency
submitted revisions to OAC rule 3745-14-01. These revisions change the
definition of ``boiler'' by excluding from the trading program carbon
monoxide (CO) boilers associated with combusting CO from fluidized
catalytic cracking units at petroleum refineries, change the definition
of continuous emission monitoring system to coincide with the
definition in 40 CFR part 97, and change the applicabililty of the
rules for cogeneration units. The submittal also includes revisions to
OAC rule 3745-14-03 (A housekeeping correction to reference OAC Chapter
3745-77 concerning Title V operating permit) and 3745-14-05 (Revising
the number of trading program budget allowances and source
identification for the ozone seasons 2004 through 2007).
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and
3745-14-05, effective May 25, 2004.

[FR Doc. 05-1032 Filed 1-18-05; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval and Promulgation of State Implementation Plans; Ohio; Revised Oxides of Nitrogen (NOX) Regulation and Revised NOX Trading Rule

Local Navigation