[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Rules and Regulations]
[Pages 42045-42046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20169]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[OH001; FRL-5276-9]
Clean Air Act Final Full Approval of Operating Permits Program;
Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: The EPA is fully approving the operating permits program
submitted by the State of Ohio for the purpose of complying with
Federal requirements for an approvable State program to issue operating
permits to all major stationary sources, and to certain other sources.
EFFECTIVE DATE: October 1, 1995.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the final full approval are available
for inspection during normal business hours at the following location:
EPA Region 5, Air and Radiation Division (AR-18J), 77 West Jackson
Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Steven Pak, EPA Region 5, Air and
Radiation Division (AR-18J), 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-1497.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Title V of the Clean Air Act (``the Act'') and implementing
regulations at 40 Code of Federal Regulations (CFR) Part 70 require
that States develop and submit operating permits programs to EPA by
November 15, 1993, and that EPA act to approve or disapprove each
program within one year after receiving the submittal. The EPA's
program review occurs pursuant to section 502 of the Act and the part
70 regulations, which together outline criteria for approval or
disapproval. Where a program substantially, but not fully, meets the
requirements of part 70, EPA may grant the program interim approval for
a period of up to two years. If EPA has not fully approved a program by
two years after the November 15, 1993 date, or by the end of an interim
program, it must establish and implement a Federal program.
On April 13, 1995, EPA proposed full approval of the operating
permits program for the State of Ohio. See 60 FR 18790. EPA received
comments from two organizations on the proposal and is responding to
the comments below. EPA has also compiled a Technical Support Document
responding to the comments. In this notice, EPA is taking final action
to promulgate full approval of the operating permits program for the
State of Ohio.
II. Final Action and Implications
A. Analysis of State Submission
On April 13, 1995, EPA proposed full approval of the operating
permits program for the State of Ohio. The program elements and issues
discussed in the proposal are unchanged since the original analysis in
the proposal and the program continues to fully meet the requirements
of part 70.
B. Response to Public Comments
EPA received comments from two organizations: Porter, Wright,
Morris & Arthur, submitted on behalf of the Ohio Chamber of Commerce,
the Ohio Chemical Council, and the Printing Industry of Ohio; and
Wright-Patterson Air Force Base in Ohio. Porter, Wright, Morris &
Arthur supports EPA's proposed full approval. Wright-Patterson Air
Force Base included a list of nine comments on the Ohio operating
permits program. Responses to these nine comments follow.
One of the comments questions the approvability of the Ohio
operating permits program because the electronic application form
currently being developed by the State is ``nothing like'' the
application form that the State submitted with its program. The part 70
requirements with respect to application forms deal with application
content and not format. These requirements are found at section 70.5(c)
and are fully satisfied by the State's regulations. This comment does
not alter EPA's approval of the Ohio program because the commentor did
not provide any information to indicate that the electronic version of
the application form is inconsistent with section 70.5(c), and because
the electronic application form to which the commentor refers has not
been submitted to EPA for approval and is not an element of this
approval.
Five of the comments can be categorized as inquiries and concerns
with program implementation. These comments do not deal with program
approval requirements under part 70 and do not affect EPA's approval of
the Ohio operating permits program. The commentor should approach the
State directly with these program implementation questions and
concerns.
The remaining three comments express dissatisfaction with the scope
of specific provisions in the State's program and could be considered
requests for EPA to broaden the scope of the State's program; however,
the provisions that the commentor references currently comply with the
requirements of part 70. In addition, EPA's role in the approval
process is to review and approve or disapprove operating permits
programs submitted by States and not to make revisions to those
programs. In any case, the commentor should contact the State with
requests for program revisions.
[[Page 42046]]
C. Final Action
EPA is promulgating full approval of the operating permits program
submitted to EPA by the State of Ohio on July 22, 1994, and amended on
September 12, 1994; November 21, 1994; December 9, 1994; and January 5,
1995. Among other things, the State of Ohio has demonstrated that the
program meets the minimum elements of a State operating permits program
as specified in 40 CFR Part 70.
The scope of the State's operating permits program approved in this
notice applies to all part 70 sources (as defined in the approved
program) within the State of Ohio.
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a State program for
delegation of section 112 standards as promulgated by EPA, as they
apply to part 70 sources. Section 112(l)(5) requires that the State's
program contain adequate authorities, adequate resources for
implementation, and an expeditious compliance schedule, which are also
requirements under part 70. Therefore, EPA is also promulgating full
approval under section 112(l)(5) and 40 CFR 63.91 of the State's
program for receiving delegation of section 112 standards that are
unchanged from Federal standards as promulgated. This program for
delegations only applies to sources covered by the part 70 program.
III. Administrative Requirements
A. Docket
Copies of the State's submittal and other information relied upon
for the final full approval, including the two public comments received
and reviewed by EPA on the proposal, are contained in a docket
maintained at the EPA Regional Office. The docket is an organized and
complete file of all the information submitted to, or otherwise
considered by, EPA in the development of this final full approval. The
docket is available for public inspection at the location listed under
the ADDRESSES section of this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
EPA's actions under section 502 of the Act do not create any new
requirements, but simply address operating permits programs submitted
to satisfy the requirements of 40 CFR Part 70. Because this action does
not impose any new requirements, it does not have a significant impact
on a substantial number of small entities.
D. Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated today does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
and Reporting and recordkeeping requirements.
Dated: July 28, 1995.
William E. Muno,
Acting Regional Administrator.
40 CFR Part 70 is amended as follows:
PART 70--[AMENDED]
1. The authority section for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for Ohio in
alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Ohio.
(a) The Ohio Environmental Protection Agency submitted on July 22,
1994; September 12, 1994; November 21, 1994; December 9, 1994; and
January 5, 1995; full approval effective on October 1, 1995.
(b) Reserved
* * * * *
[FR Doc. 95-20169 Filed 8-14-95; 8:45 am]
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