[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4669-4673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2379]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH 103-1a; FRL-7114-1]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 20, 2000, Ohio submitted certain revisions to the 
State Implementation Plan (SIP) for sulfur dioxide (SO2) for 
several Ohio counties. Today, EPA is rulemaking on portions of this 
submittal which were not addressed in a June 5, 2000, rulemaking

[[Page 4670]]

(see 65 FR 35577). In today's action, EPA is approving revised emission 
limits for sources in Butler, Pickaway, and Lake Counties. In addition, 
EPA is approving selected parts of the State's rules for compliance 
schedules and test methods. In conjunction with these actions, EPA is 
rescinding federally promulgated SO2 emission limits for 
Butler, Lorain, Coshocton, Gallia, and Lake Counties, since these 
limitations have been superseded by approved State limits.

DATES: This ``direct final'' rule is effective on April 1, 2002, unless 
EPA receives adverse written comments by March 4, 2002. If EPA receives 
adverse written comments, EPA will publish a timely withdrawal of the 
rule in the Federal Register and will inform the public that the rule 
will not take effect.

ADDRESSES: You may send written comments to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of the revision request are available for inspection at the 
following address: Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(We recommend that you telephone Phuong Nguyen, Environmental 
Scientist, at (312) 886-6701 before visiting the Region 5 office.)

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

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' 
``us'' or ``our'' are used we mean EPA. This supplemental information 
section is organized as follows:
I. What rules are EPA addressing today?
II. Summary and analysis of the state rules.
    1. Butler County (OAC 3745-18-15)
    2. Pickaway County (OAC 3745-18-71)
    3. Lake County (OAC 3745-18-49)
    4. Compliance Time Schedules (OAC 3745-18-03)
    5. Measurement Methods and Procedures (OAC 3745-18-04)
III. Federal Implementation Plan (FIP) replacement.
IV. What action is EPA taking?
    1. Action on State rules.
    2. Action on Federal Implementation Plan (FIP).
V. Administrative requirements.

I. What Rules Are EPA Addressing Today?

    On March 20, 2000, Ohio submitted several revised SO2 
rules to EPA. EPA approved the Coshocton, Gallia, and Lorain county 
portions of this submittal on June 5, 2000 (65 FR 35577). Today EPA is 
taking action on the remaining elements of the March 20, 2000 
submittal. The rules that EPA is addressing are listed in the following 
table.

             Table 1.--Rules Being Addressed in This Action
------------------------------------------------------------------------
                State rule                          Rule subject
------------------------------------------------------------------------
OAC 3745-18-15............................  Butler County.
OAC 3745-18-71............................  Pickaway County.
OAC 3745-18-49............................  Lake County.
OAC 3745-18-03............................  Compliance Time Schedules.
OAC 3745-18-04............................  Measurement Methods and
                                             Procedures.
40 CFR 52.1881(b).........................  Removal of Superseded Parts
                                             of the FIP.
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    EPA has prepared a technical support document (TSD) dated September 
5, 2001 discussing these rules, providing the history of related 
rulemaking and a more detailed analysis of the State's submittal.

II. Summary and Analysis of the State Rules

1. Butler County (OAC 3745-18-15)

    The TSD describes the history of SO2 limitations in 
Butler County. This history includes federal promulgation of limits and 
the rescission of most of these limits, as well as a State submittal of 
comparable rules that EPA disapproved. The recent State submittal is 
intended to fill the gap in federally enforceable rules. The TSD also 
describes modeling conducted by Ohio EPA to assess the impact of the 
Butler county revisions.
    EPA analyzed the State's submittal by comparing it with existing 
federally enforceable limits. Due to historical rule rescissions, 
existing federally enforceable limits still apply to only a few 
relatively insignificant sources in the County. By contrast, Ohio's new 
limits establish source-specific limits for the full range of 
significant sources in the County. For some sources, the new limits are 
slightly less stringent. However, these sources are relatively 
insignificant in comparison to the sources that now have limits and 
were previously unregulated. EPA expects the tightening effect of 
establishing limits on the most significant sources will far outweigh 
the slight relaxation in limits for some sources, particularly in the 
areas most likely to observe exceedances of the National Ambient Air 
Quality Standards (NAAQS) but also in most, if not all, of the rest of 
the County. Consequently, EPA is approving the full set of rules Ohio 
submitted for Butler County on the basis of their effect of 
strengthening the SIP's protection against NAAQS violations.

2. Pickaway County (OAC 3745-18-71)

    The TSD explains the history of SO2 modeling conducted 
to assess the impact in Pickaway County of new sources in southern 
Franklin County. As a result of the modeling, Ohio adopted a lower 
emission limit for boilers at the Picway Generating Plant. Ohio changed 
the allowable emission limit for the Columbus Southern Power Company, 
Picway Generating Plant boiler numbers 7, 8, and 9 from 9.9 to 5.6 
pounds of the sulfur dioxide per Million British Thermal Unit (MM BTU) 
actual heat input for each boiler. EPA reviewed the modeling and 
concurred that an emission limit of 5.6 pounds of sulfur dioxide per MM 
BTU is adequate to meet the NAAQS. EPA, therefore, approves this rule 
revision.

3. Lake County (OAC 3745-18-49)

    The TSD describes the history of SO2 emission limits in 
Lake County. This history includes the approval of State-adopted limits 
which were covered in the March 17, 1999 rulemaking (64 FR 13071). The 
TSD also discusses the lawsuit involved with the Painesville Municipal 
Plant. This lawsuit concluded with a consent decree which required 
Painesville to physically modify the unit to derate its capacity to 
below the new source performance standards (NSPS) threshold (250 MMBTU 
per hour). The consent decree also established an interim limit of 4.7 
pounds per MM BTU and called for establishment of a final limit 
pursuant to modeling.
    EPA has previously approved modeling for this area of Lake County. 
The modeling showed attainment based, in part, on a limit of 5.7 pounds 
per MM BTU for all units at the Painesville Municipal Plant. EPA 
previously approved application of this limit to other boilers at the 
Painesville Municipal Plant besides boiler number 5. EPA is relying on 
that same modeling as a basis for approving the same limit for boiler 
number 5.

4. Compliance Time Schedules (OAC 3745-18-03)

    Rule OAC 3745-18-03 addresses the compliance time and schedules for 
sources in the entire State of Ohio. The TSD explains in detail why EPA 
did not rulemake on the entire 1979 version of this rule in January 27, 
1981 (46 FR 8482).

[[Page 4671]]

    In today's action, EPA is approving the overall compliance deadline 
for Butler County (OAC 3745-18-03(A)(2)(d)) as well as certification 
and permit application requirements for sources in Butler County (OAC 
3745-18-03(B)(8)). EPA is also approving the compliance time schedules 
for sources in both Butler County (3745-18-03(C)(6)), and Pickaway 
County (3745-18-03(C)(10)).
    In a previous rulemaking approving the Lorain County limits, EPA 
inadvertently failed to approve the associated compliance provisions, 
in particular, the certification and permit application requirements 
for U.S. Steel Corporation in Lorain County (OAC 3745-18-03(B)(4)). EPA 
is approving these provisions today.

5. Measurement Methods and Procedures (OAC 3745-18-04)

    Rule OAC 3745-18-04 addresses the measurement methods and 
procedures for sources in the entire State of Ohio. The TSD describes 
the history and provides a more detailed review of these rule 
revisions.
    In today's action, EPA approves the test methods and procedures for 
sources in Butler County (OAC 3745-18-04(D)(9)). The rule allows 
sources which are burning coal in Butler County to be able to use stack 
tests, continuous emission monitoring, or coal sampling and analysis as 
the methods for determining compliance with the applicable 
SO2 emission limits. EPA also approves paragraph OAC 3745-
18-04(E)(7) which specifies the test methods and procedures for 
determining compliance with the applicable SO2 limits for 
any boiler burning fuel other than coal in Butler County.
    In addition, Ohio changed paragraphs (D)(7), (D)(8), and (G) for 
sources in Hamilton County, which EPA had approved in 1994 (59 FR 
43287). The revised rule OAC 3745-18-04 changes a conversion factor in 
the emission rate calculation for solid fuel in Hamilton County from 
1.95 to 1.9. Hamilton County sources would now apply the same 
conversion factor as other sources in the State. EPA believes this is 
an appropriate revision to the SIP.
    Finally, EPA is approving an amendment in OAC 3745-18-04(F)(4). The 
amendment increases the cut point from 0.5 to 0.6 pounds of 
SO2 per million standard cubic feet in natural gas that has 
a heat content greater than 950 BTU per standard cubic feet. EPA 
believes that such an emissions increase is insignificant; therefore, 
we approve this revision.

III. FIP Replacement

    Several of the FIP limits that EPA promulgated in 1976 have become 
superseded by approval of corresponding state rules. EPA approved State 
adopted emission limits for Lorain, Coshocton, and Gallia on June 5, 
2000 (65 FR 35577), and for Lake County on March 30, 1998 (63 FR 
15091). In this action, EPA is approving the emission limits for Butler 
County. These state-adopted emission limits supersede the FIP limits. 
Therefore, EPA rescinds the federal promulgated emission limitations 
for SO2 for Butler, Lorain, Coshocton, Gallia, and Lake 
Counties since the FIP limits are no longer needed.

IV. What Action Is EPA Taking?

A. Action on State Rules

    In this action, EPA is approving the emission limits for specific 
sources in Butler (OAC 3745-18-15), Pickaway (OAC 3745-18-71), and Lake 
(OAC 3745-1849) Counties. In addition, EPA is approving the overall 
compliance deadlines, certification and permit application, and 
compliance time schedule for Butler (OAC 3745-18-03(A)(2)(d), OAC 3745-
18-03(B)(8), and OAC 3745-18-03 (C)(6)), Pickaway Counties (OAC 3745-
18-03(C)(10)).
    EPA is also approving the certification and permit application for 
U.S. Steel Corporation in Lorain County (OAC 3745-18-03(B)(4)).
    Finally, EPA is approving the test methods and procedures for 
sources in Butler County (OAC 3745-18-04 (D)(9), OAC 3745-18-04(D)(8), 
OAC 3745-18-04(E)(7)). EPA is also approving a change in the sulfur to 
sulfur-dioxide conversion factor used in Hamilton County (OAC 3745-18-
04-(F)(1)), as well as a change in the sulfur content used to define a 
de minimis exemption for natural gas (OAC 3745-18-04(F)(4)).

B. Action on FIP

    EPA is rescinding the federal promulgated emission limits for 
SO2 sources in Butler, Lorain, Coshocton, Gallia, and Lake 
Counties codified at 40 CFR 52.1881(b)(12),(14),(17),(18), and (20), 
respectively.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and

[[Page 4672]]

does not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

D. Executive Order 13175

    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

E. Executive Order 13211

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulation action under Executive Order 12866.

F. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air 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 create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA 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).

G. Unfunded Mandates

    Under sections 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 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

H. 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. EPA 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective April 1, 2002, unless EPA receives 
adverse written comments by March 4, 2002.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

J. Petitions for Judicial Review

    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 April 1, 2002. 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, 
Sulfur dioxide.

    Dated: November 29, 2001.
Christine Todd Whitman,
Administrator.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations are 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)(125) to read 
as follows:


Sec. 52.1870  Identification of plan.

* * * * *
    (c)* * *
    (125) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted revised rules to control sulfur dioxide emissions in Butler 
and Pickaway Counties, and a revision to compliance time schedules as 
well as measurement methods and procedures for SO2 sources 
for the State of Ohio. Ohio has rescinded OAC 3745-18-04 (G), which had 
special emission calculation procedures for Hamilton County.
    (i) Incorporation by reference.

[[Page 4673]]

    (A) Rules OAC 3745-18-03(A)(2)(d); OAC 3745-18-03(B)(4); OAC 3745-
18-03(B)(8); OAC 3745-18-03(C)(6); OAC 3745-18-03(C)(10); 3745-18-
04(D)(8); 3745-18-04(D)(9); OAC 3745-18-04(E)(7); OAC 3745-18-04(F); 
OAC 3745-18-15; OAC 3745-18-71. Adopted March 1, 2000, effective March 
21, 2000.
    (B) Rule OAC 3745-18-49(F), effective May 11, 1987.
* * * * *

    3. Section 52.1881 is amended by revising paragraphs (a)(4), 
(a)(8), and removing and reserving paragraphs (b)(12), (b)(14), 
(b)(17), (b)18), and (b)(20) to read as follows:


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

    (a) * * *
    (4) Approval--EPA approves the sulfur dioxide emission limits for 
the 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, Butler County, Carroll County, Champaign County, Clark County, 
Clermont County, (except Cincinnati Gas & Electric-Beckjord), Clinton 
County, Columbiana County, Coshocton County, Crawford County, Darke 
County, Defiance County, Delaware County, Erie County, Fairfield 
County, Fayette County, Fulton County, Gallia County, 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, Lawrence County (except Allied Chemical-South 
Point), Licking County, Logan County, Lorain County, Lucas County 
(except Gulf Oil Company, Coulton Chemical Company, and Phillips 
Chemical Company), Madison County, Marion County, Medina County, Meigs 
County, Mercer County, Miami County, Monroe County, Montgomery County 
(except Bergstrom Paper, Miami Paper), Morgan County, 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, Trumbull 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--EPA is neither approving nor disapproving the 
emission limitations for the following counties/sources pending further 
review: Adams County (Dayton Power & Light-Stuart), Allen County (Cairo 
Chemical), Clermont County (Cincinnati Gas & Electric-Beckjord), 
Cuyahoga County, Franklin County, Lawrence County (Allied Chemical-
South Point), Lucas County (Gulf Oil Company, Coulton Chemical Company, 
and Phillips Chemical Company), Mahoning County, Montgomery County 
(Bergstrom Paper and Miami Paper), Pike County (Portsmouth Gaseous 
Diffusion Plant), Ross County (Mead corporation), Sandusky County 
(Martin Marietta Chemicals), Stark County, Washington County (Shell 
Chemical Company), and Wood County (Libbey-Owens-Ford Plants Nos. 4 and 
8 and No. 6).
* * * * *

[FR Doc. 02-2379 Filed 1-30-02; 8:45 am]
BILLING CODE 6560-50-P