[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18255-18257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10131]


40 CFR Part 52

[OH21-2-7260; FRL-5450-5]

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.


SUMMARY: Pursuant to letter notice procedures described at 54 FR 2214 
(January 19, 1989), USEPA approved minor revisions to the Ohio State 
Implementation Plan (SIP) on October 31, 1995. This document describes 
the approved revisions and incorporates the relevant material into the 
Code of Federal Regulations. The SIP revisions are site-specific rules 
that are required as part of an effort to achieve the National Ambient 
Air Quality Standard (NAAQS) for ozone. The rules will benefit the 
environment and people who have asthma and other respiratory diseases 
by reducing volatile organic compound (VOC) emissions, a precursor to 
smog formation.

EFFECTIVE DATE: The effective date is April 25, 1996.

ADDRESSES: Copies of the State SIP revision request and USEPA's letter 
notice of approval are available for public inspection during normal 
business hours at the following locations:

United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard (AR-18J), Chicago, 
Illinois 60604; and
Office of Air and Radiation Docket and Information Center (Air Docket 
6102), United States Environmental Protection Agency, 401 M Street, SW, 
Washington, DC, 20460.

[[Page 18256]]

FOR FURTHER INFORMATION CONTACT: Fayette Bright, Regulation Development 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, Region 5, Chicago, Illinois 60604, (312) 886-6069.

SUPPLEMENTARY INFORMATION: The Ohio Environmental Protection Agency 
(OEPA) originally submitted a SIP revision request on June 7, 1993, 
which established VOC reasonably available control technology (RACT) 
requirements for the facilities not covered by a control technique 
guideline (CTG). VOC RACT requirements were established for the 
following non-CTG sources 1:

    \1\ The USEPA issued three sets of control technique guidelines 
documents which established a ``presumptive norm'' for RACT for 
various categories of VOC sources. Sources not covered by a CTG were 
called non-CTG sources.

AK Steel Corporation (Armco Steel Company)
B.F. Goodrich Company--Akron Chemical Plant
Chevron U.S.A. Incorporated
Cincinnati Specialties Incorporated
Day-Glo Color Corporation
Firestone Synthetic Rubber and Latex Company
Formica Corporation
Goodyear Tire and Rubber Company--Akron Polymer
Goodyear Tire and Rubber Company--Plant C
International Paper Company
Lubrizol Corporation
Midwest Mica and Insulation Company
Morton International Incorporated
PPG Industries Incorporated
Reilly Industries Incorporated
Ritrama Duramark
Sprayon Products Incorporated
Steelcraft Manufacturing Company
Zeneca (ICI Americas, Perry)

    USEPA considered the State's request a minor SIP revision request. 
In response to USEPA comments on the request, the State submitted 
revisions to the original submittal on February 17, 1995, and August 
22, 1995. The first revision submitted by the State included revised 
rules and permit requirements (implemented through Findings and Orders 
issued to the facilities) for a number of the facilities which 
established site-specific non-CTG VOC RACT regulations. The first 
revision did not, however, establish requirements for all of the non-
CTG facilities and some of the revised rules contained deficiencies. 
Therefore, the State submmitted a second revision on August 22, 1995, 
correcting these deficiencies and establishing requirements for the 
remaining non-CTG facilities.
    On October 31, 1995, USEPA approved the SIP revision requests under 
Section 110(k) of the Clean Air Act (CAA) by notifying the affected 
facilities and the OEPA by letter that USEPA was approving the SIP 
revisions.2 The SIP revisions became final and effective on that 
date. USEPA has determined that these SIP revisions satisfy 
requirements for RACT for the non-CTG facilities and comply with all 
other applicable requirements of the CAA and USEPA policy and 
regulations concerning such revisions.

    \2\ Notice of the proposed approval of these SIP revisions was 
published in the Federal Register on July 10, 1995. Due to the minor 
nature of these revisions, USEPA concluded that conducting the usual 
notice-and-comment rulemaking prior to approving the revisions would 
have been ``unnecessary and contrary to public interest,'' and 
therefore was not required by the Administrative Procedure Act, 5 
U.S.C. Section 553(b). USEPA therefore sent notice of the approval 
by letter to the affected facilities and the OEPA in accordance with 
the procedure described in a January 30, 1989, memorandum from 
USEPA's Office of Air Quality Planning and Standards to the Regional 
Air Division Directors entitled ``Procedures for Letter Notice 
Approval of Minor SIP Actions.''

    The October 31, 1995, letter notice approvals, in conjunction with 
rule approvals published in the Federal Register on March 23, 1995 (60 
FR 15235), correct all VOC RACT deficiencies cited in the action 
published May 9, 1994 (59 FR 23796). In the May 9, 1994, rulemaking 
action and the September 23, 1993, proposed rulemaking action (58 FR 
49458), the rule deficiencies are described. The March 23, 1995, 
rulemaking describes how the deficiencies are remedied. The 
deficiencies for Canton, Youngstown, Toledo, and Dayton and some of the 
deficiencies for Cleveland and Cincinnati were found to be remedied 
when USEPA took final rulemaking action approving revisions to VOC RACT 
regulations for those areas. (See 60 FR 15235, March 23, 1995).
    Clocks imposing sanctions on Canton, Youngstown, Toledo, Dayton, 
Cleveland, and Cincinnati were started as a result of the May 9, 1994, 
rulemaking action on VOC RACT described above. In order to stop the 
clocks, Ohio had to correct the VOC RACT deficiencies and have them 
approved into the SIP by USEPA November 9, 1995. The rule approvals 
published March 23, 1995, stopped the sanctions clocks for Canton, 
Youngstown, Toledo, and Dayton. The same March 23, 1995, rule approval 
corrected a number of the rule deficiencies for the Cleveland and 
Cincinnati areas. The remaining deficiencies were corrected by the 
October 31, 1995, letter notices and stopped the VOC RACT sanctions 
clocks for those areas.
    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 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (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 
    SIP approvals under section 110 and subchapter I, Part D of the Act 
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 Act, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
Act forbids USEPA to base its 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).
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995, signed into law on March 22, 1995, USEPA must undertake 
various actions in association with proposed or final rules that 
include a Federal mandate that may result in estimated costs of $100 
million or more to the private sector, or to State, local, or tribal 
governments in the aggregate.
    Through submission of the state implementation plan or plan 
revisions approved in this action, the State has elected to adopt the 
program provided for under section 110 of the Clean Air Act. The rules 
and commitments being approved in this action may bind State,

[[Page 18257]]

local and tribal governments to perform certain actions and also may 
ultimately lead to the private sector being required to perform certain 
duties. To the extent that the rules and commitments being approved by 
this action will impose or lead to the imposition of any mandate upon 
the State, local or tribal governments either as the owner or operator 
of a source or as a regulator, or would impose or lead to the 
imposition of any mandate upon the private sector, EPA's action will 
impose no new requirements; such sources are already subject to these 
requirements under State law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, result 
from this action. The USEPA has also determined that this action does 
not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.
    Under Section 307(b)(1) of the Act, as amended, judicial review of 
this action is available only by filing a petition for review in the 
United States Court of Appeals for the appropriate circuit by June 24, 
1996. The action may not be challenged later in proceedings to enforce 
their requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 29, 1996.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter I, title 40, of the Code of Federal Regulations is 
amended to read as follows:


    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)(102) to read 
as follows:

Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (102) On June 7, 1993, and February 17, 1995, the Ohio 
Environmental Protection Agency (OEPA) submitted revisions to the State 
Implementation Plan (SIP) for ozone. The revisions include 19 new non-
Control Technique Guideline volatile organic compound (VOC) rules, 
Findings and Orders for 5 companies, and two permits to install.
    (i) Incorporation by reference.
    (A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T); 
effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49); 
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62); 
effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH), 
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY), 
(ZZ), (AAA); (BBB); effective January 17, 1995.
    (D) Director's Final Findings and Orders for AK Steel Corporation 
(Middletown), International Paper Company (Cincinnati), Midwest Mica & 
Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), 
and Sprayon Products, Inc. (Bedford Heights), Issued by Ohio 
Environmental Protection Agency on August 18, 1995.
    (E) Permit to Install, Application Number 13-2396, for Excello 
Specialty Company, APS Premise Number 1318607686. The date of issuance 
is December 11, 1991.
    (F) Permit to Install, Application Number 14-2096, for Hilton Davis 
Company, APS Premise Number 1431070039. The date of issuance is June 
12, 1991.
* * * * *
[FR Doc. 96-10131 Filed 4-24-96; 8:45 am]