[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5720]


[[Page Unknown]]

[Federal Register: March 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH-57-1-6296; FRL-4848-8]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
proposing to disapproving a requested revision to the Ohio State 
Implementation Plan (SIP) for particulate matter (PM) and nitrogen 
oxides (NOx) for sources within specified source categories that 
require continuous emission monitoring (CEM), and reporting. USEPA's 
action is based upon a revision request submitted by the State to 
satisfy the requirements of the Clean Air Act.

DATES: Comments on this proposed action must be received by April 11, 
1994.

ADDRESSES: Written comments should be sent to: William L. MacDowell, 
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J), 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the State's submittal and USEPA's technical support 
document are available for inspection during normal business hours at 
the following location: Regulation Development Section, Air Enforcement 
Branch (AE-17J), United States Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Maggie Greene, Air Enforcement Branch, 
Regulation Development Section (AE-17J), United States Environmental 
Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6088.
SUPPLEMENTARY INFORMATION: On January 5, 1987, the State of Ohio 
submitted to the USEPA a revision to the Ohio State Implementation Plan 
(SIP) for particulate matter and nitrogen oxides for sources within 
specified source categories that require continuous emission monitoring 
(CEM) and reporting. The revision request consists of CEM requirements 
contained in operating permits for 116 associated sources, at 37 
facilities.
    The requirements at issue are necessary to meet the general 
guidelines established in section 110(a)(2)(F)(i), (ii), and (iii) of 
the Clean Air Act and the specific provisions described in 40 CFR part 
51, appendix P. Section 110(a)(2)(F) provides that the SIP must require 
the installation of equipment to monitor emissions from stationary 
sources, periodic reporting of such emissions and correlation of such 
reports with any emission limitations established in the SIP for these 
source categories. In appendix P, USEPA described specific minimum 
requirements for CEM that each SIP must include in order to be approved 
under the provisions of 40 CFR 51.214. CEM plans are required by 40 CFR 
51.214 to provide, as a minimum, legally enforceable procedures for 
requiring the stationary sources to install and operate CEM equipment.
    The source categories and the respective monitoring requirements 
identified in 40 CFR part 51, appendix P are listed below:

    1. Fossil fuel-fired steam generators. This category shall be 
monitored for opacity, nitrogen oxide emissions, sulfur dioxide 
emissions, and oxygen or carbon dioxide.
    2. Fluid bed catalytic cracking unit catalyst regenerators. This 
category shall be monitored for opacity.
    3. Sulfuric acid plants. This category shall be monitored for 
sulfur dioxide emissions.
    4. Nitric acid plants with greater than 300 tons per day production 
capacity shall be monitored for nitrogen oxide emissions.
    This revision request applies to the source categories of fossil 
fuel-fired steam generators (except for sulfur dioxide (SO2) 
emissions), fluid bed catalytic cracking unit catalyst generators, and 
nitric acid plants. This revision request does not apply to the 
monitoring of SO2 emissions at fossil fuel-fired steam generators 
and sulfuric acid plants. These two emission sources are covered in a 
separate Federal Register rulemaking (54 FR 1693), dated January 17, 
1989. The State indicated that there are no nitric acid plants in Ohio 
with a production capacity greater than 300 tons per day.
    Following is a list of the 37 facilities in Ohio that are subject 
to the CEM requirements in the SIP revision request:

    Cincinnati Gas and Electric (CG&E) Company-W.C. Beckjord Station
    CG&E Miami Fort Station
    Cleveland Electric Illuminating (CEI) Company (Centerior Energy) 
Ashtabula Plant ``A''
    CEI Ashtabula Plant ``C''
    CEI Avon Lake Plant
    CEI Eastlake Plant
    CEI Lakeshore Plant
    Columbus and Southern Ohio Electric (C&SOE) Company-Conesville 
Station
    C&SOE Poston Station
    C&SOE Pickaway Station
    Dayton Power and Light (DP&L) Company-Longworth Station
    DP&L J.M. Stuart Station
    DP&L Hutchings Station
    Mead Paper-Chillicothe Facility
    Ohio Edison (OE) Company Niles Station
    OE R.E. Burger Station
    OE Toronto Station
    OE W.H. Sammis Station
    OE Edgewater Station
    OE Gorge Station
    Ohio Power (OP) Company-Gavin Plant
    OP Cardinal Operating Company
    OP Buckeye Power, Inc.
    OP Muskingum River Plant
    Ohio Valley Electric (OVE) Company-Kyger Creek Station
    Orrville Municipal Power Plant
    Toledo Edison (TE) Company (Centerior Energy)-Acme Station
    TE Bay Shore Station
    Piqua Municipal Power Plant
    Elkem Metals Company
    Goodyear Tire and Rubber Company-Akron Plant II
    Procter and Gamble Company
    The Standard Oil Company-Lima Refinery
    The Standard Oil Company-Oregon
    Sun Refining and Marketing Company-Toledo Refinery
    Champion International, Hamilton Mill Champion Papers
    Hamilton Municipal Electric Plant

    The opacity CEM requirements apply to 34 of the above facilities 
with fossil fuel-fired steam generators, and 3 of the above facilities 
with petroleum refinery fluid bed catalytic cracking unit catalyst 
regenerators.
    The State of Ohio furnished USEPA with the following supplemental 
information regarding these facilities subsequent to submittal of the 
SIP revision request. The Columbus and Southern Ohio Electric Company 
has changed its name to the Columbus Southern Power Company (CSPC). 
CSPC's Poston Station was permanently shut down on October 27, 1987. 
The Standard Oil Company of Ohio is now owned and operated by the 
British Petroleum Oil Company. On September 1, 1988, the American 
Municipal Power-Ohio, Inc. (AMP-Ohio) took over the ownership and 
operation of the Elkem Metals Company boilerhouse.

Proposed Action

    USEPA is proposing to disapprove the requested revision to the Ohio 
SIP for particulate matter for the sources listed above that require 
CEM, recording, and reporting. CEM plans are required by 40 CFR 51.214 
to contain legally enforceable procedures for requiring stationary 
sources listed in 40 CFR part 51, appendix P, to install and operate 
CEM equipment. Ohio's CEM requirements for monitoring and reporting are 
contained in operating permits that have expired and are, therefore, no 
longer enforceable.
    If the Ohio Environmental Protection Agency submits up-to-date 
permits, containing approvable CEM requirements for the facilities 
covered by this requested revision before the the public comment period 
ends, the USEPA would then approve the revision request in the final 
Federal Register rulemaking action, through the effective dates of the 
unexpired permits.
    Public comments are solicited on USEPA's proposed rulemaking 
action. Public comments received by April 11, 1994 will be considered 
in the development of USEPA's final rulemaking action.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in the context of specific technical, economic, 
and environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget waived Table 2 and 3 SIP revisions (54 FR 222) 
from the requirements of section 3 of Executive Order 12291 for a 
period of 2 years. The USEPA has submitted a request for a permanent 
waiver for Table 2 and Table 3 SIP revisions. The Office of Management 
and Budget has agreed to continue the waiver until such time as it 
rules on USEPA's request. This request continues in effect under 
Executive Order 12866 which superseded Executive Order 12291 on 
September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    USEPA's disapproval of the State request under section 110 and 
subchapter I, part D of the Clean Air Act does not affect any existing 
requirements applicable to small entities. Any pre-existing Federal 
requirements remain in place after this disapproval. Federal 
disapproval of the Sta te submittal does not affect its State-
enforceability. Moreover, USEPA's disapproval of the submittal does not 
impose any new Federal requirements. Therefore, USEPA certifies that 
this disapproval action does not have a significant impact on a 
substantial number of small entities because it does not remove 
existing requirements nor does it impose any new Federal requirements.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Particulate matter.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: March 2, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-5720 Filed 3-10-94; 8:45 am]
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