[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22526]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OH57-2-6367; FRL-5054-5]

 

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is partially approving and partially 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 emissions 
monitoring (CEM) and reporting. The revision request consists of CEM 
requirements contained in operating permits. USEPA is disapproving the 
CEM requirements contained in expired permits and approving the CEM 
requirements that are contained in unexpired permits. Additionally, 
there are no NOx sources in the specified category. Therefore, 
USEPA is also approving Ohio's negative declaration for NOx 
sources.
    USEPA's action is based upon a revision request which was submitted 
by the State to satisfy the requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule becomes effective on October 13, 1994.

ADDRESSES: Copies of the SIP revision request, public comments on the 
rulemaking and other materials relating to this rulemaking are 
available for inspection at the following address: (It is recommended 
that you telephone Maggie Greene, at (312) 886-6088, before visiting 
the Region 5 Office.) United States Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AE-
17J), Chicago, Illinois 60604.
    A copy of this requested revision to the Ohio SIP is also available 
for inspection at the following address: Office of Air and Radiation 
(OAR), Docket and Information Center (Air Docket 6102), room M1500, 
United States Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460.

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:

I. Summary of State Submittal

    On January 5, 1987, the Ohio Environmental Protection Agency (OEPA) 
submitted to the USEPA a request for a revision to the Ohio SIP for 
particulate matter and nitrogen oxides for sources within specified 
source categories that require continuous emissions monitoring (CEM) 
and reporting. The revision request consisted of CEM requirements 
contained in operating permits for 116 associated sources at 37 
facilities.
    The revision was submitted to satisfy the requirements of 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 source categories 
identified in 40 CFR part 51, appendix P.
    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.

    On March 11, 1994, the USEPA published a rulemaking action in the 
Federal Register (59 FR 11569) proposing to disapprove the requested 
revision because the CEM requirements were contained in expired permits 
and were no longer enforceable. USEPA stated in the proposed rulemaking 
action that if the OEPA submitted up-to-date permits containing 
approvable CEM requirements for the facilities covered by the revision, 
USEPA would approve the revision request through the effective dates of 
such permits.
    On April 11, 1994, the OEPA submitted a new revision request to 
USEPA in response to the March 11, 1994 proposed rulemaking, along with 
its comments on the rulemaking. Comments were also received from Dayton 
Power and Light Company (DP&L), and Fuller & Henry on behalf of the 
Environmental Committee of the Ohio Electric Utility Institute and the 
following member companies: Buckeye Power, Inc., Columbus Southern 
Power Company, Dayton Power and Light Company, Ohio Edison Company, 
Ohio Power Company, Ohio Valley Electric Corporation, The Cleveland 
Electric Illuminating Company, The Cincinnati Gas & Electric Company, 
and The Toledo Edison Company (Ohio Utilities).

II. Public Comments and USEPA Responses

    USEPA's evaluation of the comments is summarized below.
    OEPA Comment: On May 5, 1987, USEPA approved Ohio EPA's SIP 
revision based on permits to operate which incorporated the appendix P 
sulfur dioxide monitoring requirements for Coulton Chemical Plant in 
Toledo, Ohio and the E. I. duPont de Nemours and Company facility in 
Miami, Ohio that were issued on January 3, and March 25, 1986, 
respectively.
    USEPA Response: This rulemaking action involves CEM requirements 
for particulate matter and nitrogen oxide emissions. As stated in the 
proposed rulemaking action, this revision request does not apply to the 
monitoring of sulfur dioxide emissions at fossil fuel-fired steam 
generators and sulfuric acid plants. The sulfur dioxide CEM 
requirements for the above facilities were discussed in a separate 
Federal Register rulemaking (54 FR 1693), dated January 17, 1989.
    OEPA Comment: Failure on the part of USEPA to act on the opacity 
monitoring provisions of the SIP in a timely manner has adversely 
affected the State since it is required to resubmit additional 
documentation and be subject to changes in USEPA policy.
    USEPA Response: This Agency is limited to taking action on the 
revision request that has been formally submitted to it, and has no 
choice except to disapprove CEM, recording, and reporting requirements 
contained in unenforceable expired permits.
    OEPA Comment: As late as April 8, 1994, Ohio EPA staff has been 
told that even if OEPA filed the required information in accordance 
with the March 11, 1994 Federal Register, the SIP submittal may not be 
approvable.
    USEPA Response: This comment seems to be the result of a 
misconception on the part of OEPA. USEPA stated in the March 11, 1994 
Federal Register that if the OEPA submitted up-to-date permits, 
containing approvable CEM requirements, the USEPA would then approve 
the revision request in the final rulemaking action. In an April 5, 
1994, discussion regarding furnishing OEPA example CEM rule language, 
it was mentioned that USEPA was exploring the possibility of 
conditionally approving the SIP revision request in the final action. 
It was further stated that conditionally approving the revision might 
not be possible and the issue would be discussed further with OEPA. No 
statement was made that the revision might not be approved if up-to-
date permits were submitted to USEPA.
    Ohio Utilities Comment: The Ohio Utilities' stated concern with 
USEPA's proposed disapproval action is OEPA's proposed incorporation of 
the CEM program into Ohio's SIP on a permit-by-permit basis. This 
method of adopting approvable CEM requirements creates an unnecessary 
burden on Ohio EPA and the regulated community, fails to recognize the 
flexibility needed to operate a successful CEM program, and does not 
allow for due process as in the case of rulemaking. USEPA should 
instead require Ohio EPA to go through rulemaking procedures and adopt 
40 CFR part 51, appendix P to satisfy CEM requirements.
    The Ohio Utilities also expressed concern that permit specific CEM 
requirements place unnecessary burdens on OEPA and the regulated 
community and that there is little or no opportunity for public 
comment.
    USEPA Response: The USEPA has requested that the OEPA go through 
rulemaking procedures and adopt the CEM requirements in 40 CFR part 51, 
appendix P by revising language in existing Ohio Administrative Code 
rules or by adopting new rules. OEPA's promulgation of rules will 
resolve the problems associated with incorporating the CEM requirements 
into the SIP on a permit-by-permit basis. The rules would require that 
all sources in a category listed in 40 CFR part 51, appendix P install, 
calibrate, maintain and operate equipment for continuously monitoring, 
recording and reporting emissions in accordance with appendix P's 
minimum monitoring requirements. Section 119.03 of the Ohio Revised 
Code requires OEPA to provide public notice and hold a public hearing 
when rules are adopted, amended or rescinded. Written or oral comments 
may be presented at the public hearing. The rules would then be 
submitted to the USEPA as a SIP revision request. Thus, all interested 
parties would have an opportunity to comment before the revision to the 
SIP becomes final.
    Ohio Utilities Comment: The Ohio Utilities expressed concern about 
the fact that circumstances at a facility may change requiring a change 
in the CEM monitoring requirements and the facility would have to 
follow existing permit requirements, even though inapplicable, until 
OEPA revises the SIP. Additionally, Ohio Utilities expressed concern 
that the OEPA may have erroneously incorporated CEM requirements into 
permits for sources not covered by appendix P.
    USEPA Response: The USEPA understands the concerns of the Ohio 
Utilities. Instead of incorporating CEM requirements on a permit-by-
permit basis, USEPA has requested that the OEPA revise existing rules 
or adopt new rules to incorporate the CEM requirements, for specified 
source categories, into the Ohio SIP. Any revised rules adopted by the 
State to establish its CEM program must meet all of the requirements of 
section 110(a)(2)(F)(i), (ii) and (iii) of the Clean Air Act and the 
specific provisions contained in 40 CFR part 51, appendix P. As to the 
point regarding erroneous incorporation of CEM requirements into 
permits, it is not clear to USEPA which sources are being referred to 
by the Ohio Utilities. However, before the new rules are incorporated 
in the Ohio SIP, the regulated community will be given an opportunity 
to comment regarding the appropriateness of CEM requirements being 
applied to sources. Also, see USEPA's response below that addresses 
concerns about CEM requirements for two facilities. Adherence to the 
State and the Federal administrative procedure acts will ensure that 
the regulated community is afforded the due process associated with 
rulemaking actions. The CEM requirements being approved by this 
rulemaking action will be effective through the expiration date of the 
permits.
    Dayton Power and Light Company (DP&L) Comment: DP&L objects to 
USEPA including and/or identifying DP&L's Longworth andHutchings 
Stations as being required to comply with the requirements of appendix 
P.
    USEPA Response: The OEPA submitted a SIP revision request, 
consisting of Permits to Operate to USEPA on January 5, 1987, and 
requested that USEPA rulemake only on those portions of the permits 
pertaining to the CEM requirements. The Longworth Station, Application 
No. 0857040016 B004, was identified in OEPA's January 5, 1987, 
submittal as a fossil fuel-fired steam generator with greater than 250 
million BTU per hour heat input that requires CEM. The Permit to 
Operate for Longworth Station, Application Number 0857040016 B004 in 
OEPA's April 11, 1994, revised submittal does not contain CEM 
requirements, but instead provides for visible emission readings. 
Therefore, USEPA is not rulemaking on the Longworth Station Permit to 
Operate.
    DP&L Comment: DP&L's Hutchings Station has demonstrated to the 
State that it has an annual average capacity factor of less than 30 
percent for its boilers and, pursuant to 40 CFR part 51, appendix P, 
paragraph 2.1 is not subject to CEM requirements. Because of the low 
annual average capacity factor, neither Ohio EPA nor the Regional Air 
Pollution Control Agency have required Hutchings Station to install 
opacity monitors.
    USEPA Response: 40 CFR part 51, appendix P, paragraph 2.1 requires 
CEM for fossil fuel-fired steam generators with an annual average 
capacity factor of greater than 30 percent as reported to the Federal 
Power Commission, or as otherwise demonstrated to the State by the 
owner or operator. The Special Terms and Conditions contained in the 
Permits to Operate submitted to USEPA by OEPA on April 11, 1994 for 
DP&L, Hutchings Station, Application Numbers 0857780013 B001 through 
0857780013 B006, require that Hutchings Station undergo an annual 
review to determine if continuous opacity monitors must be installed. 
As requested by OEPA, USEPA is rulemaking only on the portions of the 
permits that contain CEM requirements. Therefore, USEPA is not 
rulemaking on the DP&L, Hutchings Station, Permits to Operate.
    DP&L Comment: DP&L expressed its concern about the CEM requirements 
being approved only through the effective dates of the permits and 
about the fact that the OEPA has not adopted rules to incorporate the 
CEM program requirements into the Ohio SIP.
    USEPA Response: As stated previously in USEPA's response to the 
Ohio Utilities comment, USEPA has requested that OEPA adopt new or 
revised rules for incorporating the CEM requirements of 40 CFR part 51, 
appendix P into the Ohio SIP. As to the limited duration of the 
approval, 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. In this 
instance, USEPA can only approve the CEM requirements through the 
effective date of the permits, because expired permits are not legally 
enforceable and would, therefore, not meet the requirements of 40 CFR 
part 52, appendix P.

III. Rulemaking Action

    USEPA is approving the CEM requirements through the expiration 
dates of the up-to-date Permits to Operate and disapproving the CEM 
requirements as to permits that have expired. CEM recording and 
reporting requirements are approved for sources at the following 
facilities:

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 ``C''
CEI Lakeshore Plant
Columbus Southern Power Company (CSPC)-Conesville Station
Dayton Power and Light (DP&L) Company-J. M. Stuart Station
Ohio Edison (OE), R.E. Burger Plant
OE Toronto Plant
OE W. H. Sammis Plant
OE Edgewater Station
Ohio Power (OP) Company-Gavin Plant
OP Cardinal Operating Company
OP Buckeye Power, Inc.
OP Muskingum River Plant
Orrville Municipal Power Plant
Piqua Municipal Power Plant
American Municipal Power-Ohio, Inc.
Procter and Gamble Company
Champion International, Hamilton Mill
British Petroleum Oil Company-Toledo Refinery
Ashland Petroleum

    Nitric acid plants of greater than 300 tons per day production 
capacity must be monitored for nitrogen oxides. The State of Ohio does 
not have any nitric acid plants that exceed the 300 ton per day 
production capacity. Therefore, USEPA is approving the State of Ohio's 
negative declaration for nitrogen oxide emissions at applicable nitric 
acid plants.
    USEPA is disapproving the CEM requirements contained in expired 
permits for the following sources:

Cincinnati Gas and Electric Company, W. C. Beckjord Station, 
Application Nos. 1413100008 B001 and 1413100008 B04.
Cleveland Electric Illuminating (CEI) Company, Ashtabula, 
Application Nos. 0204000211 B002 and 0204000211 B004.
CEI Ashtabula A and B Plant, Application No. 0204010000 B008.
CEI Avon Lake Plant, Application Nos. 0247030013 B010 through 
0247030013 B012, and Application No. 02470300013 B014.
CEI Eastlake Plant, Application Nos. 0243160009 B001 through 
0243160009 B005.
Columbus Southern Power, Picway Station, Application No. 0165000006 
B004.
Ohio Edison, Niles Station, Application Nos. 0278060023 B001 and 
0278060023 B002.
Ohio Edison, W. H. Sammis Plant, Application No. 1741160017 B011 and 
1741160017 B012.
Mead Corporation, Application Nos. 0671010028B001 B001 through 
0671010028 B003.
Toledo Edison (TE) Company, Acme Station, Application Nos. 
0448010086 B005 through 0448010086 B010.
TE, Bay Shore Station, Application Nos. 0448020006 B001 through 
0448020006 B004.
American Municipal Power-Ohio, Inc., Application No. 0684020038 
B004.
Goodyear Tire & Rubber Company, Application Nos. 1677010192 B001 and 
1677010192 B002.
Procter and Gamble Company, Application No. 1431390903 B021.
Champion Intenational, Hamilton Mill-Champion Papers, Application 
No. 1409040212 B020.
British Petroleum Oil Company, Lima Refinery, Application No. 
0302020012 P010.
Hamilton Municipal Elecric Plant, Application No. 1409040243 B008.

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
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), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for 2 years. The 
USEPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB 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. OMB has exempted this regulatory action 
from Executive Order 12866 review.
    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.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements. I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
CAA forbids USEPA to base its actions concerning SIPS on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 
42 U.S.C. 7410(a)(2).
    USEPA's disapproval of a portion of the State request under section 
110 and subchapter I, part D of the CAA 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 State submittal does not affect its State-
enforceability. Moreover, USEPA's disapproval of a portion of the 
submittal does not impose any new Federal requirements. Therefore, 
USEPA certifies that this 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.
    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 November 14, 1994. 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Ohio was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: August 8, 1994.
David A. Ullrich,
Acting Regional Administrator.

    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. 7401-7671q.

Subpart KK--Ohio

    2. Section 52.1870 is amended by adding paragraph (c)(88) to read 
as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (88) On April 11, 1994, the Ohio Environmental Protection Agency 
submitted a request for a revision to the Ohio State Implementation 
Plan for particulate matter and nitrogen oxides for specified source 
categories that require continuous emissions monitoring, recording, and 
reporting.
    (i) Incorporation by reference.
    (A) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1413100008 B002 and 1413100008 B005 for 
Cincinnati Gas and Electric (CG&E) Company, W. C. Beckjord Station. The 
dates of issuance are July 16, 1992. These permits are approved through 
the expiration date of July 15, 1995.
    (B) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1413100008 B003 and 1413100008 B006 for 
Cincinnati Gas and Electric Company, W. C. Beckjord Station. The dates 
of issuance are November 13, 1992. These permits are approved through 
the expiration date of November 12, 1995.
    (C) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1431350093 B005 and 1431350093 B006 for 
Cincinnati Gas and Electric Company, Miami Fort. The dates of issuance 
are September 3, 1993. These permits are approved through the 
expiration date of September 1, 1996.
    (D) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1431350093 B007 for Cincinnati Gas and 
Electric Company, Miami Fort. The date of issuance is November 19, 
1993. This permit is approved through the expiration date of November 
18, 1996.
    (E) Special Terms and Conditions No. 3 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0204000211 B001 and 0204000211 B003 for 
Cleveland Electric Illuminating Company, Ashtabula Plant ``C''. The 
dates of issuance are April 24, 1992. These permits are approved 
through the expiration date of April 23, 1995.
    (F) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1318000245 B006 for Cleveland Electric 
Illuminating Company, Lakeshore Plant. The date of issuance is December 
7, 1993. This permit is approved through the expiration date of 
December 6, 1996.
    (G) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0616000000 B004 for Columbus Southern Power 
Company, Conesville Station. The date of issuance is December 4, 1992. 
This permit is approved through the expiration date of December 3, 
1995.
    (H) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0616000000 B001 and 0616000000 B002 for 
Columbus Southern Power Company, Conesville Station. The dates of 
issuance are June 22, 1993. These permits are approved through the 
expiration date of June 21, 1996.
    (I) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0616000000 B003 for Columbus Southern Power 
Company, Conesville Station. The date of issuance is June 29, 1993. 
This permit is approved through the expiration date of June 28, 1996.
    (J) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0701000007 B001 through 0701000007 B004 for 
Dayton Power and Light Company, J. M. Stuart Station. The dates of 
issuance are July 6, 1993. These permits are approved through the 
expiration date of July 5, 1996.
    (K) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1707130015 B005 for Ohio Edison Company, R. 
E. Burger Plant. The date of issuance is July 30, 1993. This permit is 
approved through the expiration date of July 29, 1996.
    (L) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1707130015 B006 through 1707130015 B008, 
and Application Numbers 1707130015 B011 and B012 for Ohio Edison 
Company, R. E. Burger Plant. The dates of issuance are August 3, 1993. 
These permits are approved through the expiration date of August 2, 
1996.
    (M) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1707130015 B009 and 1707130015 B010 for 
Ohio Edison Company, R. E. Burger Plant. The dates of issuance are 
October 8, 1993. These permits are approved through the expiration date 
of October 7, 1996.
    (N) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B001 for Ohio Edison Company, 
Toronto Plant. The date of issuance is March 5, 1993. This permit is 
approved through the expiration date of March 4, 1996.
    (O) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B001 for Ohio Edison Company, 
Toronto Plant. The date of issuance is March 5, 1993. This permit is 
approved through the expiration date of March 4, 1996.
    (P) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B002 for Ohio Edison Company, 
Toronto Plant. The date of issuance is October 15, 1993. This permit is 
approved through the expiration date of October 24, 1996.
    (Q) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B003 for Ohio Edison Company, 
Toronto Plant. The date of issuance is November 23, 1992. This permit 
is approved through the expiration date of November 22, 1995.
    (R) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1741160017 B007 and B008, 1741160017 B010 
and 1741160017 B013 for Ohio Edison Company, Sammis Plant. The dates of 
issuance are March 10, 1993. These permits are approved through the 
expiration date of March 9, 1996.
    (S) Special Terms and Conditions No. 3 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741160017 B009 for Ohio Edison Company, 
Sammis Plant. The date of issuance is June 25, 1993. This permit is 
approved through the expiration date of June 24, 1996.
    (T) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0247080049 B003 for Ohio Edison Company, 
Edgewater Plant. The date of issuance is February 25, 1994. This permit 
is approved through the expiration date of February 25, 1997.
    (U) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0627010056 B003 and 0627010056 B004 for 
Ohio Power Company, General James M. Gavin Plant. Thes date of issuance 
are May 2, 1992. These permits are approved through the expiration date 
of April 30, 1995.
    (V) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741050002 B001 for Ohio Power Company, 
Cardinal Operating Company. The date of issuance is March 30, 1993. 
This permit is approved through the expiration date of March 29, 1996.
    (W) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741050002 B002 for Ohio Power Company, 
Cardinal Operating Company. The date of issuance is November 12, 1993. 
This permit is approved through the expiration date of November 11, 
1996.
    (X) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741050129 B002 for Ohio Power Company, 
Buckeye Power, Inc. The date of issuance is October 10, 1992. This 
permit is approved through the expiration date of October 19, 1995.
    (Y) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0684000000 B002, 0684000000 B003, 
0684000000 B004, and 0684000000 B005 for Ohio Power Company, Muskingum 
River Plant. The dates of issuance are May 12, 1993. These permits are 
approved through the expiration date of May 11, 1996.
    (Z) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0684000000 B006 for Ohio Power Company, 
Muskingum River Plant. The date of issuance is April 20, 1993. This 
permit is approved through the expiration date of April 19, 1996.
    (AA) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0285010188 B001 for Orrville Municipal Power 
Plant. The date of issuance is November 13, 1991. This permit is 
approved through the expiration date of November 14, 1994.
    (BB) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 028501018 B004 for Orrville Muniticpal Power 
Plant. The date of issuance is January 22, 1993. This permit is 
approved through the expiration date of January 21, 1996.
    (CC) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0855100041 B001 and 0855100041 B002 for 
Piqua Municipal Power Plant. The dates of issuance are April 10, 1992. 
These permits are approved through the expiration date of April 9, 
1995.
    (DD) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0855100041 B003 for Piqua Municipal Power 
Plant. The date of issuance is April 12, 1993. This permit is approved 
through the expiration date of April 11, 1996.
    (EE) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0684020037 B001 and 0684020037 B003 for 
American Municipal Power-Ohio, Inc. The dates of issuance are October 
12, 1993. These permits are approved through the expiration date of 
October 11, 1996.
    (FF) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0684020037 B002 for American Municipal 
Power-Ohio, Inc. The date of issuance is November 30, 1993. This permit 
is approved through the expiration date of November 29, 1996.
    (GG) Special Terms and Conditions No. 8 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1431390903 B022 for Procter and Gamble 
Company. The date of issuance is December 4, 1992. This permit is 
approved through the expiration date of December 3, 1995.
    (HH) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate Number 1409040212 
B010 for Champion International, Hamilton Mill. The date of issuance is 
November 8, 1991. This permit is approved through the expiration date 
of November 7, 1994.
    (II) Special Terms and Conditions Nos. 3 and 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Appplication Number 0448020007 P007 for BP Oil Company-Toledo 
Refinery. The date of issuance is March 27, 1992. This permit is 
approved through the expiration date of March 26, 1995.
    (JJ) Special Terms and Conditions No. 3 of State of Ohio 
Environmental Protection Agency Permit to Operate Number an Air 
Contaminant Source, Application Number 1576000301 P002 for Ashland 
Petroleum Company. The date of issuance is January 21, 1993. This 
permit is approved through the expiration date of January 21, 1996.
    (ii) Additional material.
    (A) Letter dated April 11, 1994 from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas V. Adamkus, 
Regional Administrator, United States Environmental Protection Agency, 
Region 5. The letter states that the public hearing for the SIP 
revision which was held on November 13, 1986 included the negative 
declaration regarding existing nitric acid plants (Section 2.2 of 
Appendix P).
* * * * *
[FR Doc. 94-22526 Filed 9-12-94; 8:45 am]
BILLING CODE 6560-50-F