[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18233]


[[Page Unknown]]

[Federal Register: July 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OH63-1-6403a, OH64-1-6404a; FRL-5020-5]

 

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving, through ``direct final'' procedure, 
two exemption requests from the requirements contained in Section 
182(f) of the Clean Air Act (Act) for the Toledo and Dayton ozone 
nonattainment areas in Ohio. These exemption requests, submitted by the 
State of Ohio, are based upon the most recent three years of ambient 
air monitoring data which demonstrate that the National Ambient Air 
Quality Standard (NAAQS) for ozone has been attained in each of these 
areas without additional reductions of nitrogen oxides (NOX). 
Section 182(f) of the Act requires States with areas designated 
nonattainment of the NAAQS for ozone, and classified as moderate 
nonattainment and above, to adopt reasonably available control 
technology (RACT) rules for major stationary sources of NOX and to 
provide for nonattainment area new source review (NSR) for new sources 
and modifications that are major for NOX. Section 182(f) provides 
further that these requirements do not apply for areas outside an ozone 
transport region if USEPA determines that additional reductions of 
NOX would not contribute to attainment of the NAAQS for ozone in 
the area.

EFFECTIVE DATE: This action will be effective August 25, 1994 unless 
notice is received by August 10, 1994, that any person wishes to submit 
adverse or critical comments. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: William MacDowell, 
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    A copy of the exemption and redesignation requests are available 
for inspection at the following location (it is recommended that you 
contact Richard Schleyer at (312) 353-5089 before visiting the Region 5 
office): United States Environmental Protection Agency, Region 5, Air 
Enforcement Branch, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
Richard Schleyer, Regulation Development Section, Air Enforcement 
Branch (AE-17J), Region 5, United States Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-
5089.

SUPPLEMENTARY INFORMATION: 

I. Background

    The air quality planning requirements for the reduction of NOX 
emissions are set out in Section 182(f) of the Act. Section 182(f) of 
the Act requires States with areas designated nonattainment of the 
NAAQS for ozone, and classified as moderate nonattainment and above, to 
impose the same control requirements for major stationary sources of 
NOX as apply to major stationary sources of volatile organic 
compounds (VOC). These requirements include the adoption of RACT rules 
for major stationary sources and nonattainment area NSR for major new 
sources and major modifications. Section 182(f) provides further that 
these NOX requirements do not apply for areas outside an ozone 
transport region if USEPA determines that additional reductions of 
NOX would not contribute to attainment. Also, the NOX-related 
general and transportation conformity provisions (see 58 FR 63214 and 
58 FR 62188) would not apply in an area that is granted a Section 
182(f) exemption. In an area that did not implement the Section 182(f) 
NOX requirements, but did achieve attainment of the ozone 
standard, as demonstrated by ambient air monitoring data (consistent 
with 40 CFR part 58 and recorded in the USEPA's--Aerometric Information 
Retrieval System (AIRS)), it is clear that the additional NOX 
reductions required by Section 182(f) would not contribute to 
attainment.

II. Criteria for Evaluation of Section 182(f) Exemption Requests

    The criteria established for the evaluation of an exemption request 
from the Section 182(f) requirements are set forth in a USEPA 
memorandum from John S. Seitz, Director, Office of Air Quality Planning 
and Standards, dated May 27, 1994, entitled ``Section 182(f) Nitrogen 
Oxides (NOX) Exemptions--Revised Process and Criteria,'' and a 
USEPA guidance document entitled ``Guideline for Determining the 
Applicability of Nitrogen Oxides Requirements Under Section 182(f),'' 
dated December 1993, from USEPA, Office of Air Quality Planning and 
Standards, Air Quality Management Division.

III. State Submittals

    On September 20, 1993, and November 8, 1993, the State of Ohio 
submitted to USEPA Region 5 requests to redesignate to attainment of 
the NAAQS for ozone the Toledo (Lucas and Wood Counties) and Dayton 
(Montgomery, Greene, Miami, and Clark Counties) ozone nonattainment 
areas. These redesignation requests are currently under review and will 
be evaluated in a separate rulemaking. Included as part of the 
redesignation submittals were requests that the Toledo and Dayton ozone 
nonattainment areas be exempt from the requirements contained in 
Section 182(f) of the Act. These exemption requests are based upon the 
most recent three years of ambient air monitoring data which 
demonstrate that the NAAQS for ozone has been attained in each of these 
areas without additional reductions of NOX (a violation of the 
ozone NAAQS occurs when the average expected exceedances for any ozone 
monitoring site in a three year period is greater than 1.0).
    Two ozone exceedances were recorded in the Toledo area for the 
period from 1991 to 1993: 306 N. Yondota--0.127 ppm (1991) and 0.126 
ppm (1993); Friendship Park--0.136 ppm (1993). For this three year 
period, the Toledo nonattainment area had an average of 0.73 expected 
exceedances with a design value of 0.120 ppm.
    The only ozone exceedance, 0.125 ppm (1993), in the Dayton area for 
the period from 1991 to 1993 was recorded at the monitor located at 
2100 Timberlane. For this three year period, the Dayton nonattainment 
area had an average of 0.33 expected exceedances with a design value of 
0.112 ppm. Thus, both areas are not currently recording violations of 
the air quality standard for ozone.
    A more detailed summary of the ozone monitoring data for both areas 
is provided in the USEPA technical support document dated April 20, 
1994.

IV. Analysis of State Submittals

    USEPA has reviewed the ambient air monitoring data for ozone 
(consistent with the requirements contained in 40 CFR part 58 and 
recorded in AIRS) submitted by the State of Ohio in support of these 
exemption requests, and has determined that a violation of the ozone 
NAAQS has not occurred in the Toledo or Dayton nonattainment areas, 
and, thus, the exemption requests for the Toledo and Dayton areas meet 
the applicable requirements contained in the USEPA policy and guidance 
documents referenced above.

V. NOX RACT Rules

    Ohio was required to submit NOX RACT rules to USEPA for the 
Toledo and Dayton ozone nonattainment areas by November 15, 1992. On 
April 15, 1993, USEPA notified the Governor of Ohio of a finding that 
the State failed to submit the required rules. The State is required to 
submit complete rules to USEPA within 18 months of the date of the 
finding in order to avoid the initiation of sanctions under Section 
179(b) of the Act. Ohio is currently drafting NOX RACT rules for 
the Toledo and Dayton nonattainment areas. These rules, when approved 
by USEPA and adopted by the State, shall be suspended by the State for 
the Toledo and Dayton areas upon the approval of the 182(f) exemption 
requests. However, the State will be required to implement these rules 
upon a monitored violation on the ozone NAAQS in the applicable area(s) 
(please refer to Section VI of this Notice--Withdrawal of the 
Exemptions) [The current draft of the NOX RACT rules (dated April 
18, 1994) submitted by the State of Ohio does not include the provision 
that the NOX RACT rules will be implemented upon a violation of 
the ozone NAAQS. USEPA notified the State of Ohio that this provision 
must be included in order for the NOX RACT rules to be 
approvable.] Approval of the Section 182(f) exemption requests stops 
the sanctions clock for non-submission of the NOX RACT rules for 
the Toledo and Dayton areas as of the effective date of this notice.

VI. Withdrawal of the Exemptions

    Continuation of the Section 182(f) exemptions granted herein is 
contingent upon the continued monitoring and continued attainment and 
maintenance of the ozone NAAQS in the affected areas. If a violation of 
the ozone NAAQS is monitored in the Toledo or Dayton area(s) 
(consistent with the requirements contained in 40 CFR part 58 and 
recorded in AIRS) USEPA will provide notice in the Federal Register. A 
determination that the NOX exemption no longer applies would mean 
that the NOX NSR and general and transportation conformity 
provisions would immediately be applicable (see 58 FR 63214 and 58 FR 
62188) to the affected areas. While the NOX RACT requirements 
would also be applicable, some reasonable period of notice time is 
necessary to provide major stationary sources subject to the RACT 
requirements time to purchase, install and operate any required 
controls. Accordingly, the State may provide sources a reasonable time 
period after such USEPA determination to meet the RACT emission limits. 
USEPA expects such time period to be expeditious as practicable, but no 
case longer than 24 months. If a nonattainment area is redesignated to 
attainment of the ozone NAAQS, NOX RACT is to be implemented as 
stated in the USEPA approved maintenance plan.
    Additionally, as stated in the December 1993 USEPA guidance 
document referenced above, an exemption from the requirements contained 
in Section 182(f) would not be approved if there is evidence, such as 
photochemical grid modeling, showing that the NOX exemption would 
interfere with the attainment or maintenance of the ozone NAAQS in a 
downwind area.

VII. Inspection and Maintenance (I/M) Programs

    The I/M Program Final Rule (57 FR 52950) provides that if USEPA 
determines that NOX emission reductions are not beneficial in a 
given ozone nonattainment area, then the basic I/M NOX requirement 
may be omitted from the I/M program and NOX emission reductions 
are not required of an enhanced I/M program (but the program shall be 
designed to offset NOX increases resulting from the repair of 
hydrocarbon (HC) and carbon monoxide (CO) failures).
    For the Toledo nonattainment area, a Basic I/M program is required. 
This approval allows the basic I/M NOX requirement to be omitted 
from the program. For the Dayton nonattainment area, the State has 
adopted an Enhanced I/M program. Based on this approval, NOX 
emission reductions are not required of this program (however, the 
program shall be designed to offset NOX increases resulting from 
the repair of HC and CO failures).

VIII. Final Action

    USEPA is approving Ohio's requests to exempt the Toledo and Dayton 
ozone nonattainment areas from the Section 182(f) NOX 
requirements. This approval is based upon the evidence provided by the 
State and the State's compliance with the requirements outlined in the 
applicable USEPA guidance. This action exempts the Toledo and Dayton 
areas from the requirements to implement NOX RACT requirements, 
nonattainment area new source review for new sources and modifications 
that are major for NOX, and the applicable general and 
transportation conformity provisions for NOX. If a violation of 
the ozone NAAQS occurs in the Toledo or Dayton area(s), the exemption 
from the requirements of Section 182(f) of the Act in the applicable 
area(s) shall no longer apply.

IX. Procedural Background

    This action is being taken without prior proposal because the 
changes are believed to be noncontroversial and USEPA anticipates no 
significant comments on them. The public is advised that this action 
will be effective August 25, 1994, unless notice is received by August 
10, 1994, that someone wishes to submit adverse or critical comments. 
If the EPA receives adverse comment, the direct final rule will be 
withdrawn and all public comments received will be addressed in a 
subsequent final rule based on a proposed rule which is published in 
the proposed rule section of this Federal Register. Section 182(f)(3) 
of the Act provides that the exemption requests from the requirements 
of Section 182(f) be granted or denied within six months after such 
submittal. In view of this requirement, USEPA is reducing the time 
period allocated for public comments and the effective date in order to 
process the Section 182(f) exemption requests as expeditiously as 
practicable (even though the six-month deadline has already been 
exceeded).

X. Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. Sections 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.
    Today's exemptions do not create any new requirements, but allow 
suspension of the indicated requirements for the life of the 
exemptions. Therefore, because the approval does not impose any new 
requirements, I certify that it does not have a significant impact on 
any small entities affected.
    Under Section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 25, 1994. Filing a petition for 
reconsideration by the Administrator of this 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 a rule. This 
action may not be challenged later in proceedings to enforce its 
requirements. Section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Volatile organic compounds, Hydrocarbons, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated July 11, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter 1, 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. 7401-7642.

Subpart KK--Ohio

    2. Section 52.1879 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 52.1879  Review of new sources and modifications.

* * * * *
    (f) Approval--USEPA is approving two exemption requests submitted 
by the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts these areas from implementing 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review for 
new sources and modifications that are major for NOX, and the 
NOX related requirements of general and transportation conformity 
provisions. If a violation of the ozone NAAQS occurs in the Toledo or 
Dayton area(s), the exemptions from the requirements of Section 182(f) 
of the Act in the applicable area(s) shall no longer apply.

    3. Section 52.1885 is amended by adding a new paragraph (r) to read 
as follows:


Sec. 52.1885  Control Strategy: Ozone.

* * * * *
    (r) Approval--USEPA is approving two exemption requests submitted 
by the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts these areas from implementing 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review for 
new sources and modifications that are major for NOX, and the 
NOX related requirements of general and transportation conformity 
provisions. If a violation of the ozone NAAQS occurs in the Toledo or 
Dayton area(s), the exemptions from the requirements of Section 182(f) 
of the Act in the applicable area(s) shall not apply.

[FR Doc. 94-18233 Filed 7-25-94; 8:45 am]
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