[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25270]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OH59-1-6376a; FRL-5078-1]

 

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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

SUMMARY: USEPA is approving the Ohio State Implementation Plan (SIP) 
revision request for the purpose of implementing an emissions statement 
program for stationary sources within the State's marginal and above 
ozone nonattainment areas. Section 182(a)(3)(B) of title I of the Clean 
Air Act, as amended in 1990 (CAA), requires States with areas 
designated nonattainment for the ozone National Ambient Air Quality 
Standard (NAAQS) to establish regulations for annual reporting of 
actual emissions by sources that emit VOC or NOX in the 
nonattainment area. These emissions reports are referred to as 
``emissions statements.'' Sources in the following counties are subject 
to the emissions statement program requirements: Ashtabula, Butler, 
Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene, 
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
DATES: This final rule will be effective December 12, 1994 unless 
notice is received by November 14, 1994 that someone 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 L. 
MacDowell, Chief, Regulation Development Section, Air Enforcement 
Branch (AE-17J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois, 60604.
    Copies of the State submittal for this action are available for 
public inspection during normal business hours at the following 
location (it is recommended that you contact Gina Smith at (312) 886-
7018 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: Gina Smith, Regulation Development 
Section, Air Enforcement Branch (AE-17J), U.S. Environmental Protection 
Agency, Region 5, Chicago, Illinois, 60604, (312) 886-7018.

SUPPLEMENTARY INFORMATION:

I. Background

    The air quality planning and SIP requirements for ozone 
nonattainment and transport areas are set out in subparts 1 and 2 of 
title I of the (CAA). The USEPA has issued a ``General Preamble'' 
describing USEPA's review procedures for SIPs and SIP revisions 
submitted under title I of the CAA, including those State submittals 
for ozone nonattainment areas (see 57 FR 13498 (April 16, 1992) and 57 
FR 18070 (April 28, 1992)). USEPA has also issued a draft guidance 
document describing the requirements for the emissions statement 
programs, entitled ``Guidance on the Implementation of an Emissions 
Statement Program'' (July, 1992).1 It should be noted that this 
guideline has not been finalized, but does provide the best available 
guidance on the expected contents of the emissions statements and on 
the States' use of emissions statements. Further revisions to this 
draft guidance were not available prior to final rulemaking on the Ohio 
SIP revisions request. Therefore, it is appropriate to use the July 
1992 draft guidance in considering current emissions statement SIP 
revision submittals.
---------------------------------------------------------------------------

    \1\Refer also to a memorandum from J. David Mobley, Chief, 
Emission Inventory Branch, Technical Support Division, USEPA, 
entitled ``First Emission Statements Due to EPA/Essential Emission 
Statement Rule Elements,'' dated August 4, 1993.
---------------------------------------------------------------------------

A. Summary of the Federal Requirements

    Section 182(a)(3)(B) of title I of the CAA requires States with 
areas designated nonattainment for the ozone NAAQS to establish 
regulations for annual reporting of actual emissions by sources that 
emit VOC or NOX in the nonattainment areas. These annual emissions 
reports are called ``emissions statements.'' Section 182(a)(3)(B) also 
requires the States to submit a revision to their SIP to incorporate 
the emissions statement requirement into its SIP no later than 2 years 
after enactment of the CAA.
    A State, with USEPA approval, may waive the requirement for an 
emissions statement for classes or categories of sources with less than 
25 tons per year of NOX or VOC emissions in nonattainment areas if 
the State includes the classes or categories in the base year and 
periodic inventories and calculates emissions using emission factors 
established by USEPA (such as those found in USEPA publication AP-42) 
or other methods acceptable to USEPA. Whatever minimum reporting level 
the State establishes in its emissions statement program, if a source 
emits either VOC or NOX at or above the designated reporting 
level, the other pollutant must be included in the emissions statement, 
even if it is emitted at levels below the specified cutoffs.
    The CAA requires a facility to submit the first emissions statement 
to the State within three years after the date of enactment of the CAA, 
and annually thereafter. USEPA has requested the States to submit the 
emissions data to USEPA through the Aerometric Information Retrieval 
System (AIRS). The minimum emissions statement data must include: 
certification of data accuracy, source identification information, 
operating schedule, emissions information (to include annual and 
typical ozone season day emissions), control equipment information, and 
process rate data. The emissions reported in a source's statement 
should include upset emissions, the effect of downtime on emissions, 
and fugitive emissions. Finally, the State's rule should clearly place 
the burden for reporting on the source. The Technical Support Document, 
dated June 28, 1994, provides a more detailed description of the 
requirements of the August 4, 1993, memorandum. USEPA developed 
emissions statement data elements to be consistent with other State 
reporting requirements. This consistency is essential to assist States 
with quality assurance for emissions estimates and to facilitate 
consolidation of all USEPA reporting requirements.
    In addition to the submission of the emissions statement data to 
AIRS, States should provide USEPA with a status report that outlines 
the degree ofcompliance with the emissions statement program. Beginning 
July 1, 1993, States should report quarterly to USEPA the total number 
of sources affected by the emissions statement provisions, the number 
of sources that have complied with the provisions and the number that 
have not. The status report should also include the total annual and 
typical ozone season day emissions from all reporting sources, both 
corrected and non-corrected for rule effectiveness. States should 
include in their status report a list of sources that: (1) Are 
delinquent in submitting their emissions statement; (2) emit 500 tons 
per year (tpy) or more of VOC; or (3) emit 2500 tpy or more of 
NOX. The State should submit this status report quarterly until 
all the regulated sources have complied for the reporting year. 
Suggested submittal dates for the quarterly status reports are July 1, 
October 1, January 1, and April 1.

B. Summary of State Submittal

    The CAA required States subject to the requirements of section 
182(a)(3)(B) to submit the emissions statement program to USEPA by 
November 15, 1992. On January 15, 1993, the USEPA made a finding that 
Ohio failed to submit the required SIP revision. The USEPA's finding 
triggered the sanctions period of section 179 of the CAA. The Ohio 
Environmental Protection Agency (OEPA) submitted a SIP revision request 
to USEPA on March 22, 1994. In a letter dated May 16, 1994, the USEPA 
informed OEPA that the SIP submittal was complete. The May 16, 1994, 
letter stopped the sanctions period that was begun with the finding of 
failure to submit.
    The information provided by the State included: Adopted rules 
(3745-24-01, -02, -03, and -04) effective on April 1, 1994; emissions 
statement form and synopsis of rules; summary of comments and 
responses; public notice of the hearing and comment period; Joint 
Committee on Agency Rule Review (JCARR)agenda and approval; technical 
support for the research and development (R&D) exemption; statutory 
authority for the State's rules; and copies of actual comments 
submitted. OEPA submitted four adopted rules. The first, Rule 3745-24-
01, is entitled Definitions. Unless otherwise provided in this rule the 
definitions in rule 3745-24-01 apply.
    The second rule, Rule 3745-24-02, which is entitled Applicability, 
states that the requirements of this chapter apply to facilities 
located in Ashtabula, Butler, Clark, Clermont, Cuyahoga, Delaware, 
Franklin, Geauga, Greene, Hamilton, Lake, Licking, Lorain, Lucas, 
Mahoning, Medina, Miami, Montgomery, Portage, Stark, Summit, Trumbull, 
Warren, or Wood County. Facilities emitting 25 tons or more of NOX 
or 25 tons or more of VOC during any calendar year are required to 
submit an emissions statement. This requirement starts with calendar 
year 1992. Sources in counties redesignated to attainment for ozone are 
exempt from reporting. The rule also provides an exemption under 
paragraph (G) of Rule 3745-24-04 for certain sources at the facility.
    Rule 3745-24-03, which is entitled Deadlines for the Submission of 
the Emissions Statements, requires that the 1992 emissions statements 
be submitted by July 1, 1994. For 1993 and beyond, emissions statements 
are due by November 15th of the following calendar year (e.g. November 
15, 1994, for the 1993 emissions statement).
    Ohio Rule 3745-24-04 is entitled Emissions Statement Requirements 
and involves paragraphs (A) through (G). Paragraphs (A) and (B) require 
effected owners to submit emissions statements in the OEPA format by 
the required deadline. Paragraph (C) contains general information about 
the facility, calendar year covered, and certification of accuracy of 
the statement. The certification of accuracy must be submitted by an 
appropriate facility official. Paragraph (D) lists required information 
for non-R&D sources. Paragraph (E) lists required information for R&D 
sources. Paragraph (F) allows emissions reporting on a group basis if 
it cannot be determined on an individual basis. Paragraph (G) provides 
exemptions for small sources and some R&D sources.
    The emissions statement exemption provision, at Ohio Rule 3745-24-
04(G), exempts emissions units that emit less than 10 pounds per day 
VOC or NOX from being included in an emissions estimate for a 
facility. This exemption effects the applicability of the emissions 
statement requirement and the reported emissions for affected 
facilities. The exemption uses exemption 3704.011(A) from the State's 
title V Operating Permits program, but not 3704.011(A)(1) to (A)(5). 
Title V exemption 3704.011(A) exempts emissions units less than 10 
pounds per day. Title V exemption 3704.011(A)(1) provides that section 
3704.011(A) does not apply if the CAA or regulations issued pursuant to 
it limit an emission unit to less than 10 pounds per day. Title V 
exemption 3704.011(A)(2) provides that section 3704.011(A) does not 
apply if OEPA regulations needed for attainment limit the unit to less 
than 10 pounds per day. Title V exemption 3704.011(A)(3) provides that 
section 3704.011(A) does not apply if radionuclides are emitted. Title 
V exemption 3704.011(A)(4) provides that section 3704.011(A) does not 
apply if a unit in combination with other units would result in 
potential emissions greater than 25 tpy. Title V exemption 
3704.011(A)(5) provides that section 3704.011(A) does not apply if a 
unit emits more than one ton per year of hazardous pollutants.
    Ohio Rule 3745-24-04(G) also provides that Rule 3745-24-04(E) 
exempts from being included in an emissions statement any laboratory or 
bench scale R&D sources; and does not apply to R&D sources at a 
facility where the combined potential to emit is less than five tons 
VOC and five tons NOX and where the owner or operator maintains 
records to demonstrate this. Since Rule 3745-24-04(G) only adopts the 
exemption outlined in 3704.011(A) of the title V program, the emissions 
from sources that total less than or equal to 10 pounds per day are not 
required to be reported in an emissions statement.

C. Analysis of State Submittal

    The August 4, 1993, Mobley memorandum requires that sources submit 
their first statements for 1992 by July 1, 1993 and that subsequent 
statements be issued by April 15 of each year. However, the CAA allows 
statements to be submitted by November of each year. Ohio did not 
promulgate administrative rules for the emissions statement program 
until March 17, 1994. The rules became effective on April 1, 1994. 
Sources subject to the program are required to submit their initial 
emissions statement, summarizing 1992 emissions, by July 1, 1994. The 
1993 emissions statement should be submitted by November 1994, and each 
subsequent statement should be submitted by November of each year. The 
States emissions statement reporting frequency satisfies USEPA's 
requirements.
    USEPA requires the following operating information to be included 
in the State's rules: percent annual throughput by season; days per 
week on the normal operating schedule; hours per day during the 
operating schedule; and hours per year during the normal operating 
schedule. Ohio's rule requires sources to provide the weeks per year it 
operates as opposed to the hours per year. In addition, Ohio requires 
sources to report the hours per day, days per week, and weeks per year 
of operation. This is acceptable since USEPA can determine the hours 
per year a source operates from this information.
    Ohio's rules do not require sources to report peak ozone season, 
annual throughput, and percent annual throughput by season. USEPA can 
determine the peak ozone season process rate from the information 
required by Ohio's rule.
    As discussed in the Technical Support Document, Ohio's rules 
satisfy USEPA's guidance to require appropriate information on source 
location, operating rules, and process rates. Emissions statements 
submitted by sources must be certified by an appropriate official as 
accurate.
    Ohio's rules do not require that the Airs Facility Subsystem (AFS) 
control equipment codes and the AFS estimated emissions method codes be 
provided. The rules do, however, require that a description of the 
existing control equipment, its efficiency, and the emissions 
estimation method be provided. The AFS codes can be determined from 
this information. Therefore, Federal requirements for control equipment 
information are satisfied.
    Ohio Rules 3745-24-04(G) exempt sources that emit less than 10 
pounds per day of VOC or NOX. Initially, USEPA objected to this 
provision since it is not specifically provided for under the CAA. 
USEPA has recently reviewed the Columbus ozone emissions inventory 
provided by Ohio and concluded that the inventory demonstrates that the 
exemption would not exclude a significant portion of the area's 
emissions. The point source VOC and NOX emissions total 4030 tpy 
and 4543 tpy, respectively. Exempted emissions amount to only 4.6 tpy 
(0.11%) and 0 tpy for VOC and NOX, respectively. Exempted 
emissions for the other nonattainment areas are expected to be of a 
similar magnitude. Since exempted emissions do not represent a 
significant amount of the State's nonattainment area emissions, the 
USEPA believes that the provisions of 3745-24-04(G) are approvable.

II. Final Action

    USEPA is approving Ohio's emissions statement program SIP submittal 
through the Agency's direct final rulemaking provisions. This rule will 
be effective December 12, 1994 unless notice is received that someone 
wishes to submit adverse or critical comments. If the effective date is 
delayed, timely notice will be published in the Federal Register. The 
Ohio Emissions Statement Program (Ohio Administrative Rules 3745-21-01, 
3745-21-02, 3745-21-03, and 3745-21-04) are being incorporated by 
reference into the Ohio SIP for ozone. The rules are available for 
inspection at: Air Docket 6102, Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460.

III. 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 December 12, 1994, unless notice is received by 
November 14, 1994, that someone wishes to submit adverse or critical 
comments. If the effective date is delayed, timely notice will be 
published in the Federal Register.
    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 
lightof specific technical, economic, and environmental factors, and in 
relation to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). A revision to the SIP processing 
review tables was approved by the Acting Administrator for the Office 
of Air and Radiation on October 4, 1993 (Michael Shapiro's memorandum 
to Regional Administrators). A future document will inform the general 
public of these tables. Under the revised tables, this action remains 
classified as Table 3.
    On January 6, 1989, the Office of Management and Budget (OMB) 
waived Table 2 and 3 SIP revisions (54 FR 2222) from the requirements 
of section 3 of Executive Order 12291 for a period of 2 years. The 
USEPA has submitted arequest for permanent waiver for Table 2 and 3 SIP 
revisions. The OMB has agreed to continue the temporary waiver until 
such time as it rules on USEPA's request. This request remains in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993. The OMB has exempted this regulatory 
action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
should 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 includesmall businesses, small not-for-profit enterprises, and 
government entities with jurisdiction over populations of less than 
50,000.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 12, 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 must 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).
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements the 
State is already imposing. Therefore, because the Federal SIP approval 
does not impose any new requirements, it does not have a significant 
impact on any smallentities 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 the State action. The CAA forbids USEPA 
to base it actions concerning SIPS on such grounds. Union Electric Co. 
v. USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: September 13, 1994.
David Kee,
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)(100) to read 
as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (100) On March 22, 1994, the Ohio Environmental Protection Agency 
submitted a revision request to Ohio's ozone SIP for approval of the 
State's emissions statement program. The emissions statement program 
requirements apply to sources in the following counties: Ashtabula, 
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene, 
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
[FR Doc. 94-25270 Filed 10-12-94; 8:45 am]
BILLING CODE 6560-50-F