[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29662-29664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14787]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OH91-2; FRL-5506-5]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 3, 1995, Ohio submitted revisions to its 
particulate matter plans for the Cleveland and Steubenville 
nonattainment areas. These revisions were submitted to address plan 
deficiencies that were identified by EPA in a final limited disapproval 
of the particulate matter plans published in the Federal Register on 
May 27, 1994. For the Cleveland area, these revisions provide earlier 
attainment of the air quality standard and correct the deficient test 
method disapproved in that rulemaking. For the Steubenville area, these 
revisions include an administrative order for tightening controls at 
Wheeling-Pittsburgh Steel's basic oxygen furnace, and provide a fully 
updated modeling analysis demonstrating that the plan assures 
attainment. EPA is approving these revisions and terminating the 
potential for sanctions based on the deficiencies identified in the 
rulemaking of May 27, 1994.

EFFECTIVE DATE: This action is effective July 12, 1996.

ADDRESSES: Copies of the SIP revision and USEPA's analysis are 
available for public inspection during normal business hours at the 
following addresses:

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 (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:
 John Summerhays, Regulation Development Section, Air Programs Branch 
(AR-18J), United States Environmental Protection, Region 5, Chicago, 
Illinois 60604, (312) 886-6067.

SUPPLEMENTARY INFORMATION:

I. Background

    Ohio submitted major revisions to its particulate matter 
regulations on November 14, 1991, with supplemental submittals on 
December 4, 1991, and January 8, 1992. EPA proposed rulemaking on these 
submittals on August 3, 1993, at 58 FR 41218, and published a notice of 
final rulemaking on May 27, 1994, at 59 FR 27464, granting limited 
approval/limited disapproval of these submittals. Although EPA approved 
most of Ohio's regulations, EPA concluded that Ohio had not satisfied 
selected requirements of the Clean Air Act applicable to its two 
particulate matter nonattainment areas, i.e., Cuyahoga County 
(including Cleveland) and the Steubenville area. This represented a 
disapproval finding under Section 179(a)(2), thus initiating an 18-
month period after which sanctions were to be imposed in these areas 
under Section 179(b) unless or until the deficiencies are remedied.
    On November 3, 1995, Ohio submitted further revisions to its 
particulate matter plans, seeking to remedy the deficiencies identified 
in EPA's May 1994 rulemaking. On January 23, 1996 (at 61 FR 1727), EPA 
proposed to approve the State's submittal and proposed to conclude that 
all particulate matter SIP requirements were satisfied (except for new 
source review requirements, which were not addressed in either the 
January 1996 or the May 1994 rulemaking and are being addressed 
separately). Simultaneously, EPA issued an interim final determination 
that the deficiencies had been remedied (at 61 FR 1720), thereby 
staying application of sanctions.
    In brief, for Cuyahoga County, the deficiencies were (1) failure to 
satisfy requirements for Reasonably Available Control Measures (RACM) 
by December 1992; and (2) failure to assure attainment due to 
deficiencies in the test method applicable to coke quenching. EPA 
proposed to find that these deficiencies were addressed when Ohio 
revised its rules to require a control strategy adequate to satisfy 
RACM requirements by December 1993 and improved the test method for 
coke quenching. For the Steubenville area, the deficiency was an 
inadequate attainment demonstration due to, among other factors, 
inadequate accounting for emissions from Wheeling-Pittsburgh Steel's 
basic oxygen furnace. EPA proposed to find this deficiency remedied by 
submittal of Findings and Orders issued by Ohio to Wheeling-Pittsburgh 
Steel requiring tightened control of basic oxygen furnace emissions and 
a revised attainment demonstration. A more detailed discussion of the 
prior deficiencies is provided in the Federal Register of May 27, 1994 
(59 FR 27464), and a summary of that discussion and a more extensive 
discussion of Ohio's submittal which remedied those deficiencies is 
provided in the notice of proposed rulemaking of January 23, 1996 (61 
FR 1727). Today's rule is final action on Ohio's November 1995 
submittal and final action with respect to the previously identified 
deficiencies.
    At the time of the proposed rulemaking, Ohio had conducted a public 
hearing in connection with its Cuyahoga County rule revisions but had 
not yet held and submitted documentation of a public hearing with 
respect to revisions to the Steubenville area attainment demonstration. 
The State held a public hearing on the Steubenville area revisions on 
January 22, 1996, and provided materials to EPA documenting this 
hearing and demonstrating satisfaction of related public comment 
requirements in its December 21, 1995, and March 13, 1996, submittals. 
EPA has evaluated these materials and has concluded that the relevant 
procedural requirements have been satisfied.

[[Page 29663]]

II. Comments on Proposed Rulemaking

    One set of comments on the proposed rulemaking was received by EPA. 
These comments were submitted by Porter, Wright, Morris & Arthur on 
behalf of Ford Motor Company (Ford). These comments urged EPA not to 
rulemake on the State's November 1995 submittal alone, and instead 
urged EPA to request that the State address Ford's concerns with the 
existing particulate matter regulations and to conduct rulemaking on a 
combined set of revised regulations. No comments were made concerning 
EPA's proposed analysis of the State's November 1995 submittal.
    EPA responds that it would be inappropriate to defer rulemaking on 
the State's November 1995 submittal pending receipt of a prospective 
future submittal, particularly in the absence of any expectation that 
the prospective future submittal would alter EPA's views of the 
existing submittal. EPA has an obligation to complete rulemaking in 
timely fashion on any SIP revision requested by the State. Both EPA and 
the State of Ohio have a particular interest in prompt completion of 
this rulemaking because sanctions, while stayed by the interim final 
determination, are nevertheless outstanding until final action 
approving the corrections to the deficiencies is published. The 
commenter does not claim that its requested rule revisions are mandated 
by the Clean Air Act, and the commenter identifies no other basis for 
EPA to require the State to conduct the desired rulemaking. In any 
case, assuming that Ohio adopts and submits rule revisions addressing 
Ford's concerns, EPA will undertake timely rulemaking on those rule 
revisions as well, in accordance with EPA's obligations under the Clean 
Air Act.

III. Today's Action

    With respect to Cuyahoga County, EPA concludes that (1) the revised 
rules now provide for RACM by December 1993; (2) the coke quench water 
test method issue and the associated attainment demonstration issue 
have been resolved; and (3) additional revisions to the limitations for 
Ford's Cleveland Casting Plant do not jeopardize attainment. With 
respect to the Steubenville area, EPA concludes that the State has now 
submitted a fully approvable attainment demonstration for the area. In 
particular, EPA is approving the rule revisions for Cuyahoga County and 
the Findings and Order requiring control system enhancements at 
Wheeling-Pittsburgh Steel's basic oxygen furnace.
    Based on these findings, EPA concludes that Ohio's particulate 
matter plans for the Cuyahoga County and Steubenville nonattainment 
areas now satisfy all applicable requirements under Part D of the Clean 
Air Act (except for new source review requirements, which are not 
addressed here or in the May 1994 rulemaking and are being addressed 
separately). Consequently, EPA finds that Ohio has remedied the 
deficiencies identified in the rulemaking of May 27, 1994. This finding 
fully terminates the potential for sanctions pursuant to that prior 
rulemaking.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
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, EPA 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 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 EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C. 
7410(a)(2).
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately 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 D. 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 Sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with 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.
    EPA has determined that the approval action taken 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.
    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 August 12, 1996. 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, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: May 2, 1996.
Valdas V. Adamkus,
Regional Administrator.
    Title 40 of the Code of Federal Regulations, chapter I, part 52, is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 52.1870 is amended by adding paragraph (c)(110) to read 
as follows:


Secs. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (110) On November 3, 1995, December 21, 1995, and March 21, 1996,

[[Page 29664]]

OEPA submitted revisions to its particulate matter plan, addressing 
prior deficiencies in its plans for Cuyahoga and Jefferson Counties.
    (i) Incorporation by reference.
    (A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and 
procedures, effective November 15, 1995.
    (B) Rule 3745-17-04--Compliance time schedules, effective November 
15, 1995.
    (C) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective November 15, 1995.
    (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel 
Corporation, signed by Donald Schregardus and effective on October 31, 
1995.
    (ii) Additional material--Dispersion modeling analyses for the 
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting 
Plant.

[FR Doc. 96-14787 Filed 6-11-96; 8:45 am]
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