[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Rules and Regulations]
[Pages 65401-65403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29004]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[OH 157-2 FRL-7588-9]


Clean Air Act Approval of Revision to Operating Permits Program 
in Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action to approve, as a revision to Ohio's 
title V air operating permits program, revisions to Ohio's regulations 
for insignificant emissions units (IEUs), Ohio's regulations requiring 
reports of any required monitoring at least every six months and prompt 
reports of deviations, and other provisions of Ohio's title V 
regulations. In a Notice of Deficiency published in the Federal 
Register on April 18, 2002, EPA notified Ohio of EPA's finding that 
Ohio's provisions for insignificant emissions units and Ohio's 
regulations requiring reports of any required monitoring at least every 
six months and prompt reports of deviations did not meet minimum 
Federal requirements. Final approval of this program revision resolves 
the deficiency identified in the Notice of Deficiency and removes the 
potential for any resulting consequences, including sanctions, with 
respect to the April 18, 2002 NOD.

DATES: Effective December 22, 2003.

ADDRESSES: Copies of Ohio's submittal and other supporting information 
used in developing this action are available for inspection during 
normal business hours at the U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Interested persons wanting to examine these documents should make an 
appointment at least 24 hours before the visiting day. A reasonable fee 
may be charged for copies.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Environmental 
Engineer, Air Permits Section, Air Programs Branch, (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-4761, [email protected].

SUPPLEMENTARY INFORMATION: This supplemental information section is 
organized as follows:
    A. What Is the History of This Action?
    B. Did OEPA Hold a Public Hearing?
    C. What Action Is EPA Taking Today?
    D. Statutory and Executive Order Reviews

A. What Is the History of This Action?

    The Clean Air Act (CAA or Act) requires all state and local 
permitting authorities to develop operating permits programs that meet 
the requirements of title V of the Act, 42 U.S.C. 7661-7661(f), and its 
implementing regulations, 40 CFR part 70 (part 70). Ohio submitted its 
operating permits program in response to this directive. EPA granted 
full approval to Ohio's title V operating permits program on August 15, 
1995 (60 FR 42045).
    Ohio's title V operating permits program is implemented by the Ohio 
Environmental Protection Agency (OEPA) and local air pollution control 
agencies.
    Pursuant to section 502(i) of the Act and 40 CFR 70.10(b)(1), EPA 
notified Ohio of EPA's finding that Ohio's regulations for IEUs and 
Ohio's regulations requiring reports of any required monitoring at 
least every six months and prompt reports of deviations did not meet 
minimum Federal requirements in a Notice of Deficiency (NOD) published 
in the Federal Register on April 18, 2002 (67 FR 19175). This was 
necessary to make these aspects of the Ohio program consistent with the 
other permitting programs throughout the country.
    On June 18, 2003, OEPA proposed revisions to its regulations for 
IEUs, Ohio's regulations requiring reports of any required monitoring 
at least every six months and prompt reports of deviations, and other 
provisions of Ohio's title V regulations. OEPA intended the proposed 
revisions to it's regulations to resolve deficiencies in Ohio's title V 
program identified by EPA in the NOD. To expedite the process, Ohio 
submitted to EPA proposed revisions while it processed them at the 
State level. On September 30, 2003, EPA proposed to approve OEPA's 
proposed revisions to its title V regulations. See 68 FR 56220. The 
State public comment period on the OEPA regulations ended on July 29, 
2003. On September 16, 2003, OEPA submitted the final revisions to its 
title V regulations and asked EPA to give final approval to the 
revisions. The revisions submitted by OEPA on September 16, 2003 are 
identical in substance to the proposed regulations for which EPA 
proposed approval on September 30, 2003.
    EPA received no comments on its proposal to approve OEPA's proposed 
revisions to its title V regulations. Accordingly, EPA is taking final 
action to approve OEPA's final revisions to its IEU provisions, Ohio's 
regulations requiring reports of any required monitoring at least every 
six months and prompt reports of deviations, and other provisions of 
Ohio's title V regulations. OEPA's final revisions are described in 
EPA's proposed approval notice. See 68 FR 56220.

B. Did OEPA Hold a Public Hearing?

    On June 18, 2003, OEPA proposed revisions to its regulations for 
IEUs, Ohio's regulations requiring reports of any required monitoring 
at least every six months and prompt reports of deviations, and other 
provisions of Ohio's title V regulations. OEPA held a public hearing on 
these revisions on July 28, 2003, in Columbus, Ohio. The public comment 
period closed on July 29, 2003.

C. What Action Is EPA Taking Today?

    EPA is taking final action to approve, as a revision to OEPA's 
title V air operating permits program, revisions to OEPA's regulations 
for IEUs and reporting, specifically, revisions to OAC 3745-77-02(E), 
3745-77-07(A)(13), 3745-77-07(A)(3)(c)(ii) and (iii), 3745-77-07(I), 
and 3745-77-08(C). EPA has determined that these changes meet the 
requirements of title V and part 70 relating to IEUs and reporting, and 
adequately address the deficiency identified in the Notice of 
Deficiency published in the Federal Register on April 18, 2002 (67 FR 
19175). EPA is also approving Ohio's new provisions at 3745-77-01(U), 
3745-77-01(W)(2)(aa), 3745-77-01(MM) and 3745-77-01(NN). Ohio's program 
revision satisfactorily addresses the program deficiency identified in 
EPA's NOD, published on April 18, 2002 (67 FR 19175). Because Ohio 
timely corrected those deficiencies, see 40 CFR 70.10(b), there are no 
potential consequences of the NOD, such as sanctions or promulgation of 
a federal operating permits program.
    Because these rules apply throughout the State of Ohio, this 
approval applies to all State and local agencies that implement Ohio's 
operating permits program.

[[Page 65402]]

D. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget.

Executive Order 13211; Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    For this reason, this action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this action approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain an unfunded mandate nor does 
it significantly or uniquely affect small governments, as described in 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have federalism implications because it 
does 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, ``Federalism'' (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Act.

Executive Order 13045 Protection of Children From Environmental Health 
and Safety Risks

    This final approval also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not a significant 
regulatory action under executive order 12866.

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing program submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Absent a prior 
existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a program submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Act. Therefore, the requirements of section 12(d) of the NTTA do not 
apply.

Civil Justice Reform

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

Governmental Interference With Constitutionally Protected Property 
Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order, and has determined that the rule's 
requirements do not constitute a taking.

Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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. The 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).

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 January 20, 2004. 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 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: November 10, 2003.
Bharat Mathur,
Regional Administrator, Region 5.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:




[[Page 65403]]


    Authority: 42 U.S.C. 7401, et seq.


0
2. In appendix A to part 70, the entry (a) for Ohio is revised to read 
as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Ohio

    (a) Ohio Environmental Protection Agency (OEPA): Submitted on 
November 1, 1993; interim approval effective on December 9, 1994; 
revisions submitted on June 5, 1996, October 3, 1996, August 25, 1998, 
and May 24, 1999; full approval effective on September 12, 2001; 
revision submitted on September 16, 2003; revision approved December 
22, 2003.
* * * * *
[FR Doc. 03-29004 Filed 11-19-03; 8:45 am]
BILLING CODE 6560-50-P