[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Pages 15091-15094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7759]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH103-1a; FRL-5978-6]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: USEPA approves State Implementation Plan (SIP) revisions 
submitted by the State of Ohio on December 9, 1996, which added a 
Statewide exemption for sources burning natural gas from operating rate 
restrictions that would otherwise apply for purposes of sulfur dioxide 
control, and changed the sulfur dioxide (SO2) limits on a 
site specific basis by removing a restriction on the simultaneous 
operation of the three heaters (B010, B008, and B006) at the Sun Oil 
Company facility in Lucas County, USEPA also approves previously 
adopted revisions to rule OAC 3745-18-06, entitled general emission 
limit provision, adding limits for stationary gas turbines and 
stationary internal combustion engines.

DATES: The ``direct final'' approval is effective on May 29, 1998 
unless written adverse or critical comments are received by April 29, 
1998. If the effective date is delayed timely notice will be published 
in the Federal Register.

ADDRESSES: Copies of the revisions request are available for inspection 
at the following address: U.S. Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604
    (It is recommended that you telephone Phuong Nguyen, Environmental 
Scientist, at (312) 886-6701 before visiting the Region 5 office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
Phuong Nguyen at (312) 886-6701.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Federal Implementation Plan (FIP) containing SO2 
regulations regarding sources in Ohio was promulgated on August 27, 
1976 (41 FR 36324).
    On May 4, 1981 (46 FR 24966), USEPA proposed to disapprove the Ohio 
SO2 SIP for Lucas County. This proposed disapproval was 
based on the modeling analysis of Lucas County submitted by the Toledo 
Edison Company. This analysis predicted violations of the 24-hour and 
the 3-hour National Air Quality Standard (NAAQS) under applicable rules 
in Lucas County.
    After May 4, 1981, Ohio EPA provided updated emission data for 
sources in Lucas County. USEPA initiated a remodeling analysis. The 
purpose of the reanalysis was to evaluate the effect of the updated 
emissions on the previously predicted violations. Results of the 
remodeling showed no violation of either the 24-hour or 3-hour 
standard. On January 13, 1982 (47 FR 1398) USEPA proposed to approve 
the State of Ohio's SO2 plan for Lucas County and withdrew 
the prior proposed rule.
    On June 30, 1982, the final rulemaking became effective (47 FR 
28377). In the June 30, 1982 action, USEPA approved the Ohio SIP for 
SO2 for Lucas County. The Plan was approved because it was 
demonstrated to provide for attainment and maintenance of the 
SO2 NAAQS in Lucas County. The plan included all major 
SO2 sources in the county except for Gulf Oil Company, 
Coulton Chemical Company, Phillips Chemical Company and Sun Oil 
Company.

II. Review of State Submittal

    In its December 9, 1996 submittal, Ohio requested approval of OAC 
3745-18-54 (O) for the Sun Oil Company to replace the current 
applicable FIP and approval of revisions to OAC 3745-18-06 (A) 
exempting sources burning natural gas from otherwise applicable limits. 
The submittal provides a technical support document for the requested 
SO2 limits for the Sun Oil Company facility and a synopsis 
of the requested revision of Ohio administrative code rule 3745-18-06 
(A). The revision was adopted on October 7, 1996, and became effective 
on October 31, 1996. By letter of December 15, 1997, Ohio submitted 
further clarification of its exemption for sources burning natural gas 
and requested the USEPA also rulemake on other previously adopted 
revisions to rule 3745-18-06, notably including added limits on 
emissions from stationary gas turbines and stationary internal 
combustion engines.

A. Sun Oil Company

    Originally, Sun Oil Company chose to use two fuel sources with 
different SO2 content (#2 fuel oil and #6 fuel oil) as the 
fuels burned for the three heaters (B006, B008, B010) at this facility. 
The

[[Page 15092]]

structure of the FIP, in requiring that no more than two of these three 
units operate at anyone time, allows various combinations of these 
units to operate. Modeling in support of the federally promulgated 
limits demonstrated attainment even for the worst case combination of 
two of these three sources operating. The revisions adopted by the 
State would provide no change in maximum emissions from B010 and would 
reduce maximum emissions from B006 and B008 from about 28 pounds per 
hour down to about 1 pound per hour for each source. It is clear that 
the worst case combined impacts from sources B006 and B008 under the 
new limits will be less than the worst case impact of just one of these 
sources operating under the federally promulgated limits. The worst 
case impact of B010 is unchanged. Thus, Ohio EPA has demonstrated that 
the worst case impact of all three sources operating within the new 
limits will be less than the worst case combination of two of the three 
sources operating under the federally promulgated limits, such that the 
new limits provide even greater assurance of attainment.
    The three Sun Oil facility heaters are listed in the documentation 
to the SIP submittal. The FIP limits are 1.10 pounds per million 
British thermal units actual heat input (#/MM Btu) for heaters B006 and 
B008, and 1.60 #/MM Btu for heater B010. The revised limits are 0.04 #/
MM Btu for heaters B006 and B008, and B010 limit is unchanged. (The 
limits and rules for Lucas County, other than for the Sun Oil Company 
facility, are not addressed in this rulemaking.)
    A September 28, 1994, memorandum from the Director, Air Quality 
Management Division, Office of Air Quality Planning and Standards, 
USEPA, to the Director, Air and Radiation Division, Region 5, entitled, 
``Response to Request for Guidance on Issues with Ohio Sulfur Dioxide 
Federal Implementation Plan'' provides guidance on this type of 
submittal. This memo sets forth three criteria to be met so that FIP 
limits can be reverted to the SIP without new modeling. Under the first 
two criteria, there must be no known inadequacy in the original 
attainment demonstration. Under the third criteria, the State limits 
must reflect no relaxation of existing emission limits. All three of 
these criteria are met. Therefore, the revised limits may be considered 
to be adequate to assure attainment without further modeling.
    In addition to the requested revision, Sun Oil Company has informed 
the Ohio EPA that heater number H-301 (OEPA source number B001) has 
been removed from the facility. Therefore, Ohio EPA is also requesting 
revision to the emission limits for that source from 1.50 pounds of 
SO2 per million Btu heat input to 0.0 pounds of 
SO2 per million Btu heat input.
    Finally, the name of the company is being changed in the rule to 
reflect the current name of the company ``Sun Company, Inc. (R&M)''.
    In terms of enforceability, the submitted limits can be evaluated 
using a stack test, which is acceptable to USEPA. Recordkeeping and 
reporting requirements are the same as those applied to other sources 
and are fully satisfactory. The emission limits are clear and should be 
readily enforceable.

B. Exemption for Sources Burning Natural Gas

    The second revision to Ohio's State Implementation Plan for sulfur 
dioxide is a statewide provision exempting any regulated SO2 
source from applicable limits on hours of operation for days it is 
solely burning natural gas. To qualify, the gas must have a heat 
content greater than 950 Btu/scf (British thermal unit per Standard 
cubic feet) and a sulfur content less than 0.6 pounds per million 
standard cubic feet, and thus must have negligible emissions (less than 
0.0006 pounds per million Btu). The restrictions on operating rates 
were originally intended to reduce daily total sulfur dioxide emissions 
below the level associated with full capacity operation for sources 
designed to burn high sulfur fuels. While sources are burning natural 
gas instead they are emitting negligible sulfur dioxide. Thus, 
operating rate restrictions are not needed on such days to assure 
attainment. If another fuel is burned during any part of a calendar day 
(from midnight to midnight) the respective emission limits and 
operating rates would remain effective.
    Strictly speaking, as Ohio's rule is written, the exemption is 
applied to all limitations in rules 3745-18-06 to 3745-18-94 for days a 
source is burning natural gas. That is, on these days a source is 
exempted from limitations on emission rates and stack heights as well 
as on hours of operation. However, the nominal exemptions from these 
other provisions are not meaningful in a practical sense. To qualify 
for he nominal exemption from emissions limits (which range from 0.15 
to 9.5 pounds per million Btu), the source must burn a fuel with 
emissions more than 200 to 10,000 times lower than the otherwise 
applicable limits. Sources under qualifying conditions would also be 
nominally exempt from requirements to vent emissions from stacks of at 
least a mandated minimum height, but it is unlikely that a source would 
vent its gas burning emissions from a lower height than it vents its 
emissions from higher sulfur rules, and in any case the emissions from 
burning qualifying gas are sufficiently low that stack height 
restrictions should be unnecessary to assure attainment. Consequently, 
the exemption from restrictions on operating hours is the only type of 
exemption in this submittal with practical significance and thus is 
being approved.

C. Other Provisions of Rule 3745-18-06

    The third revision to Ohio's State Implementation Plan for sulfur 
dioxide is an approval of previous revisions to rule OAC 3745-18-06, 
entitled general emission limit provisions. This includes paragraph 
(F), relating to stationary gas turbines, and paragraph (G), relating 
to stationary internal combustion engines. Neither gas turbines nor 
internal combustion engines are steam-generating units. They, 
therefore, did not have general emission limits in the SO2 
rules except for a few cases where peaking units were included at power 
plants. These emission limits will strengthen the SIP because they add 
federally-enforceable emission limits to source categories that 
heretofore had no limits.

III. Final Action

    USEPA is approving Ohio EPA's December 9, 1996, submittal to 
replace the federally promulgated site specific SO2 limits 
for the Sun Oil Company facility with State rules modified to reduce 
limits for two sources in conjunction with removal of a prohibition 
against simultaneous operation of three sources.
    USEPA is also approving an exemption from limits on operating hours 
and rates for sources on days when only natural gas is burned. Finally, 
USEPA is approving the addition of emission limits for stationary gas 
turbines and stationary internal combustion engines.
    The USEPA is publishing this action without prior proposal because 
the USEPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should specified written adverse or critical comments be filed. This 
action will become effective without further notice unless the EPA 
receives relevant adverse written comment on the parallel proposed rule 
(published in the proposed rules section of this Federal

[[Page 15093]]

Register) by April 29, 1998. Should the USEPA receive such comments, it 
will publish a final rule informing the public that this action did not 
take effect. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on May 29, 1998.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The 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.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from review under Executive Order 12866.

B. Regulatory Flexibility Act

    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 sections 110 and subchapter I, part D of the 
Clean Air Act (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 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. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, USEPA must undertake various actions 
in association with any proposed or final rule that includes a federal 
mandate that may result in estimated costs to state, local, or trial 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state law, and imposes no new Federal requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or the private 
sector, result from this action.

D. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. USEPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Audit Privilege

    Nothing in this action should be construed as making any 
determination or expressing any position regarding Ohio's audit 
privilege and immunity law (Sections 3745.70-3745.73 of the Ohio 
Revised Code). USEPA will be reviewing the effect of the Ohio audit 
privilege and immunity law on various Ohio environmental programs, 
including those under the CAA, and taking appropriate action(s), if 
any, after thorough analysis and opportunity for Ohio to state and 
explain its views and positions on the issues raised by the law. The 
action taken herein does not express or imply any viewpoint on the 
question of whether there are legal deficiencies in this or any Ohio 
CAA program resulting from the effect of the audit privilege and 
immunity law. As a consequence of the review process, the regulations 
subject to the action taken herein may be disapproved, federal approval 
for the CAA program under which they are implemented may be withdrawn, 
or other appropriate action may be taken, as necessary.

F. Petitions for Judicial Review

    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 May 29, 1998. 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, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated February 23, 1998.
Michelle D. Jordan,
Acting Regional Administrator, Region V.
    For the reasons stated in the preamble, 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 et seq.

Subpart KK--Ohio

    2. Section 52.1870 is amended by adding paragraph (c)(116) to read 
as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c) * * *
    (116) On December 9, 1996, the Ohio Environmental Protection Agency 
submitted two revisions to its sulfur dioxide rules. The first revision 
provides adjusted, State adopted limits for a Sun Oil Company facility. 
The second revision, applicable Statewide, exempts sources from 
operating hour limits on days when only natural gas is burned. Further, 
by letter of December 15, 1997, the State requested that U.S. 
Environmental Protection Agency address the addition of emission limits 
for stationary gas turbines and stationary internal combustion engines 
in rule 3745-18-06 that have been adopted previously.
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) 
rule 3745-18-54 (O) and OAC rule 3745-18-06, adopted October 7, 1996, 
effective October 31, 1996.
    3. Section 52.1881 is amended by revising paragraphs (a)(4) and 
(a)(8) to read as follows:


Sec. 52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

    (a) * * *
    (4) Approval-USEPA approves the sulfur dioxide emission limits for 
the

[[Page 15094]]

following counties: Adams County (except Dayton Power & Light-Stuart), 
Allen County (except Cairo Chemical), Ashland County, Ashtabula County, 
Athens County, Auglaize County, Belmont County, Brown County, Carroll 
County, Champaign County, Clark County, Clermont County, (except 
Cincinnati Gas & Electric-Beckjord), Clinton County, Columbiana County, 
Coshocton County, (except Columbus & Southern Ohio Electric-
Conesville), Crawford County, Darke County, Defiance County, Delaware 
County, Erie County, Fairfield County, Fayette County, Fulton County, 
Gallia County (except Ohio Valley Electric Company-Kyger Creek and Ohio 
Power-Gavin), Geauga County, Greene County, Guernsey County, Hamilton 
County, Hancock County, Hardin County, Harrison County, Henry County, 
Highland County, Hocking County, Holmes County, Huron County, Jackson 
County, Jefferson County, Knox County, Lake County (except Ohio Rubber, 
Cleveland Electric Illuminating Company-Eastlake, and Painesville 
Municipal Boiler #5), Lawrence County (except Allied Chemical-South 
Point), Licking County, Logan County, Lorain County (except Ohio 
Edision-Edgewater, Cleveland Electric Illuminating-Avon Lake, U.S. 
Steel-Lorain, and B.F. Goodrich), Lucas County (except Gulf Oil 
Company, Coulton Chemical Company, Phillips Chemical Company and Sun 
Oil Company), Madison County, Marion County, Medina County, Meigs 
County, Mercer County, Miami County, Monroe County, Morgan County, 
Montgomery County (except Bergstrom Paper, Miami Paper, Bergstrom 
Paper, Morrow County, Muskingum County, Noble County, Ottawa County, 
Paulding County, Perry County, Pickaway County, Pike County (except 
Portsmouth Gaseous Diffusion Plant), Portage County, Preble County, 
Putnam County, Richland County, Ross County (except Mead Corporation), 
Sandusky County (except Martin Marietta Chemicals), Scioto County, 
Seneca County, Shelby County, Trumball County, Tuscarawas County, Union 
County, Van Wert County, Vinton County, Warren County, Washington 
County (except Shell Chemical), Wayne County, Williams County, Wood 
County (except Libbey-Owens-Ford Plants Nos. 4 and 8 and No. 6), and 
Wyandot County.
* * * * *
    (8) No Action-USEPA is neither approving nor disapproving the 
emission limitations for the following counties on sources pending 
further review: Adams County (Dayton Power & Light-Stuart), Allen 
County (Cairo Chemical), Butler County, Clermont County (Cincinnati Gas 
& Electric-Beckjord), Coshocton County (Columbus & Southern Ohio 
Electric-Conesville), Cuyahoga County, Franklin County, Gallia County 
(Ohio Valley Electric Company-Kyger Creek, and Ohio Power-Gavin), Lake 
County (Ohio Rubber, Cleveland Electric Illuminating Company-Eastlake, 
and Painesville Municipal-Boiler #5), Lawrence County (Allied Chemical-
South Point), Lorain County (Ohio Edison-Edgewater Plant, Cleveland 
Electric Illuminating Avon Lake, U.S. Steel-Lorain, and B.F. Goodrich), 
Lucas County (Gulf OIl Company, Coulton Chemical Company, Phillips 
Chemical Company and Sun Oil Company), Mahoning County, Montgomery 
County (Bergstrom Paper and Miami Paper), Pike County (Portsmouth 
Gaseous Diffusion Plant), Stark County, Washington County (Shell 
Chemical Company), and Wood County (Libbey-Owens-Ford Plants Nos. 4 and 
8 and No. 6).
* * * * *
[FR Doc. 98-7759 Filed 3-27-98; 8:45 am]
BILLING CODE 6560-50-U