[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2954-2959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-OH-0003; FRL-7850-4]


Approval and Promulgation of State Implementation Plans; Ohio; 
Revised Oxides of Nitrogen (NOX) Regulation and Revised NOX Trading 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On June 28, 2004, Ohio submitted an oxides of nitrogen 
(NOX) State Implementation Plan (SIP) revision request to 
EPA which included amended rules in Ohio Administrative Code (OAC). The 
purpose of the SIP revision is to exclude from the NOX 
trading program carbon monoxide boilers associated with fluidized 
catalytic cracking units (FCCU). The revision also allocates additional 
NOX allowances to the overall budget and to the trading 
budget to correct a typographical error made in the original rule. 
Removal of the FCCU boilers from the NOX trading program is 
an option Ohio has elected to incorporate in its NOX SIP. 
The Ohio SIP revision addresses some minor corrections in the rules and 
also incorporates by reference specific elements of the NOX 
SIP Call. EPA is approving the Ohio request because the changes conform 
to EPA policy under the Clean Air Act. The collective emissions from 
these sources are small and the administrative burden, to the states 
and regulated entities, of controlling such sources is likely to be 
considerable. Inclusion of these small NOX sources in the 
NOX SIP Call control program would not be cost effective.

DATES: This ``direct final'' rule is effective on March 21, 2005 unless 
EPA receives adverse written comments by February 18, 2005. If adverse 
comment is received, EPA will publish a timely withdrawal of the rule 
in the Federal Register and inform the public that the rule will not 
take effect.

ADDRESSES: Submit comments, identified by Regional Material in eDocket 
(RME) ID No. R05-OAR-2004-OH-0003 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the 
system, select ``quick search'' then key in the instructions for 
submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to:
    J. Elmer Bortzer, Chief, Air Programs Branch, (AR-18J), 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch (AR-18J), 18th floor, U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to RME ID No. R05-OAR-2004-OH-
0003. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly

[[Page 2955]]

to EPA without going through RME or regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of the related proposed rule which is 
published in the Proposed Rules section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.epa.gov/edocket. Although listed in the index, 
some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(We recommend that you telephone John Paskevicz, Engineer, at (312) 
886-6084, before visiting the Region 5 office.) This EPA office is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria 
Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6084. 
[email protected]

SUPPLEMENTARY INFORMATION:.

Table of Contents

I. General Information
II. Background
    A. What Is the Intent of Today's Final Rule?
    B. Who Is Affected by Today's Rule?
    C. What Changes Did Ohio Make to Its NOX SIP?
    D. How Does This Change Affect NOX Sources?
    E. What Opportunities Were Provided by Ohio for Public Input 
Into This Rule Change?
    F. Why Is EPA Approving This Revision?
III. Final Action
IV. Supplementary Information--Electronic Filing
V. Statutory and Executive Order Reviews

I. General Information

    On August 5, 2002, at 67 FR 50600, EPA published a completeness 
determination that the Ohio NOX SIP submittal contained all 
of the elements of a NOX plan required for review. On 
January 16, 2003, 68 FR 2211, we published a direct final rule 
approving Ohio's submittal. This rule was withdrawn on March 17, 2003, 
68 FR 12590, before it became effective because EPA received an adverse 
comment on the flow control issue. On August 5, 2003, 68 FR 46089, 
having resolved flow control, EPA approved Ohio's NOX State 
Implementation Plan (SIP), designed to reduce NOX emissions 
from major fuel burning sources during the ozone season. The Ohio SIP 
specifically addressed emissions from sources named in Ohio 
Administrative Code (OAC) rules 3745-14 appendices A and B. These 2 
appendices identify sources by location and plant identification number 
and list NOX allocations for each plant. Appendix B lists 
NOX allowance allocations for the ozone season for regulated 
non-electrical generating units (non-EGUs).
    Following the August 5, 2003 approval, EPA issued an NOX 
SIP Call applicability statement which clarifies inclusion of a 
specific NOX source category [carbon monoxide (CO) boilers] 
and gives States the option to include or exclude this source category 
of boilers in the trading program. These CO boilers are associated with 
fluidized catalytic cracking units (FCCU) found in oil refineries and 
used to combust, and thereby control, CO emissions and to produce steam 
for use at the refinery. NOX is produced by the FCCU and by 
the CO boiler and the total vents through the boiler stack. As fuel 
burning sources, these units could be included in the NOX 
trading program if the State so desired. The EPA applicability 
statement gives this option to the States.
    The Ohio NOX SIP Call inventory for non-EGUs includes 
some, but not all, FCCU-CO boilers. Some boilers were listed in the 
Ohio NOX inventory as CO control equipment and some were 
listed as energy recovery units. These inventory inconsistencies also 
occurred in other state inventories in NOX SIP Call states. 
Because of these inconsistencies from state to state, EPA developed its 
applicability statement to allow each state with one or more FCCU-CO 
boiler the option of determining whether all of its large FCCU-CO 
boilers are covered, or all of its large FCCU-CO boilers are not 
covered by the NOX SIP trading program. However, in this 
option, EPA does not intend to allow states to split this category of 
sources by including some, but not all, large FCCU-CO boilers in the 
trading program. To prevent splitting the category, EPA needed to 
provide an explanation as to how allowances would be addressed for 
states like Ohio with some but not all FCCU-CO sources in the rule.

II. Background

A. What Is the Intent of Today's Final Rule?

    Today's final rule resolves the significant issue of applicability 
of this rule to certain fuel burning units. It is intended to give 
affected sources in Ohio a clear indication that CO boilers associated 
with fluidized catalytic cracking units (FCCU) at oil refineries are 
not subject to Ohio's NOX budget rule. This action excludes 
these units from the NOX budget trading program and the 
monitoring requirements of the State rule, and clears up for owners of 
these sources the question of whether or not monitoring, record-keeping 
and reporting requirements are required for these sources.

B. Who Is Affected by Today's Rule?

    This rule revision affects all refineries in Ohio which have carbon 
monoxide boilers associated with fluidized catalytic cracking units. 
There are three refineries in Ohio which are affected by this rule 
change. However, since the beginning of the NOX trading 
program, all three refineries have been granted an exemption from the 
monitoring, recordkeeping and reporting requirements of the Ohio 
NOX budget rule and the requirements of the NOX 
SIP Call. The exemption was granted in writing by EPA. Ohio had already 
completed the change to its rules and there was no need for the 
refiners to request an exemption from Ohio.

C. What Changes Did Ohio Make to Its NOX SIP?

    Ohio made a number of changes to the NOX rules as noted 
in Table I, below.

[[Page 2956]]



                                 Table I
------------------------------------------------------------------------
          Reference                      Description of change
------------------------------------------------------------------------
3745-14-01(B)(2)(h)..........  Changed the definition of ``boiler'' to
                                exclude CO boilers associated with
                                combusting CO from fluidized catalytic
                                crackers at petroleum refineries.
3745-14-01(B)(2)(q)..........  Changed the definition of ``continuous
                                emission monitoring system'' to coincide
                                with the definition in 40 CFR Part 97.
3745-14-01(B)(2)(z)..........  Corrected a typographical error, changed
                                the word ``combination'' with the word
                                ``combustion.''
3745-14-01(C)(1).............  Changed the applicability of the rules
                                for cogeneration units.
3745-14-01(D)(2)(c)..........  Made minor corrections to references
                                within this section of the rule.
3745-14-01(G)................  This chapter was amended to add
                                significant amounts of State EPA and
                                Federal EPA materials through
                                incorporation by reference (IBR). The
                                text of the incorporated material is not
                                included but the specific materials
                                incorporated as they exist on the
                                effective date of the State rule are
                                made part of the regulations and are
                                listed in detail in the revised rule.
                                Items included as part of the IBR are:
                                the Clean Air Act and specific sections
                                of Title IV; specific elements of part
                                51, part 52, part 60, part 72, and part
                                75 of the Code of Federal Regulations,
                                and the Ohio EPA Weekly Review.
3745-14-03(B)(3)(a)..........  Made a minor correction to reference
                                within this section of the rule.
3745-14-05(A)................  This is the section of the Ohio rule
                                which identifies the total number of
                                allowances in the State's trading
                                budget. The exclusion of FCCU-CO boilers
                                from the requirements of the NOX program
                                changes both the total number of
                                allowances and the number of allowances
                                for regulated non- electric generating
                                units listed in appendix B of the
                                State's plan. Details regarding this
                                change are found in the State's revised
                                budget demonstration. The revised total
                                trading program budget includes 49,460
                                NOX allowances. The revised number of
                                NOX allowances, for non-electric
                                generating units, is 4,028.
3745-14 Appendix B...........  Appendix B is the list of regulated non-
                                electric generating units subject to the
                                3745-14 NOX budget program. This revised
                                appendix reflects the exclusion of FCCU-
                                CO boilers from the trading program. And
                                it also incorporates the 16 NOX
                                allowances for Premcor's unit B026.
------------------------------------------------------------------------

    The Ohio NOX plan revision was reviewed based on the 
elements set forth in Appendix V, 40 CFR part 51.
    The State's submittal included: A formal letter requesting approval 
of the rule revision; evidence of legal authority; evidence that the 
rules were adopted in the Ohio Code; a copy of the rule; evidence that 
Ohio followed the requirements of the State's administrative procedures 
act; copy of the public notice; evidence that a public hearing was 
held; and copy of public comments.
    The submittal included a revised budget demonstration, describing 
the changes to the Ohio NOX emission budget and the 
NOX trading budget. Following original EPA approval of the 
Ohio NOX plan, the State discovered that an existing unit at 
the Premcor Refinery in Lima, Ohio should have been included in the 
rules as a regulated unit but was not. It also discovered that the 
rules regulated two CO boilers associated with FCCU boilers at the 
Sunoco Refinery in Ohio and did not regulate two similar FCCU-CO 
boilers, one belonging to Premcor Refinery and one at BP Toledo 
Refinery. These corrections are made in the Ohio rule revision. The 
impact of these changes on the trading budget is noted in Table II. 
Ohio also learned that EPA had given other States the option of 
regulating or not regulating similar FCCU-CO boilers, and moved to make 
the changes to its rules. On the basis of this information, Ohio 
initiated a change to its trading rules which were made effective on 
May 5, 2004.

                                                                        Table II
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        NoX emission budget                  NOX allowance allocations
                                                                         -------------------------------------------------------------------------------
                                                                           Uncontrolled             Controlled
                Company                                Unit              ------------------------------------------------
                                                                            2002 rule &                                      2002 rule     2004 revision
                                                                           2004 revision     2002 rule     2004 revision
--------------------------------------------------------------------------------------------------------------------------------------------------------
Premcor................................  B026...........................              40              40              16               0              16
Sunoco.................................  B044...........................              78              31              78              36               0
                                         B046...........................              56              22              56              19               0
                                                                         -----------------
    Total for all non-EGUs.............  ...............................          50,001          49,194          40,251           4,067           4,028
--------------------------------------------------------------------------------------------------------------------------------------------------------

D. How Does This Change Affect NOX Sources?

    CO boilers associated with fluidized catalytic cracking units at 
oil refineries are not required to be part of the NOX 
trading program. This has significant meaning for owners of these 
boilers regarding annual operating costs for monitoring and reporting. 
Allowances are no longer available for these sources, and potential 
income from the sale of emission reduction credits no longer exists. 
More importantly for the owners of the sources, because these units are 
not part of the trading program, there is no longer a requirement for 
these sources to monitor, record and report emissions of NOX 
for these units under 40 Code of Federal Regulations part 75. This 
relieves the owners of these small sources from the substantial burden 
and expenses associated with the monitoring requirements of the Ohio 
trading rule.

E. What Opportunities Were Provided by Ohio for Public Input Into This 
Rule Change?

    The Clean Air Act (Act) requires States to allow the public an 
opportunity to review and comment on any State's plan to implement 
provisions of the Act. Section 110(a)(1) of the Act states, ``Each 
State shall, after reasonable notice and public hearings, adopt and 
submit to the Administrator

[[Page 2957]]

* * * a plan * * *'' Ohio provided reasonable notice and public input.
    Ohio's Revised Administrative Code states that the Director of the 
Ohio Environmental Protection Agency ``* * * may conduct public 
hearings on any plan for the prevention, control, and abatement of air 
pollution that the director is required to submit to the Federal 
government.'' (Ohio Revised Code Chapter 3704.03, Powers of the 
director of environmental protection.)
    On October 21, 2003, Ohio advised the affected community of a 
proposed rulemaking and public hearing concerning Rules 3745-14-01, 
3745-14-03, and 3745-14-05 of the Ohio Administrative Code. Notice was 
made available to the public and affected industries via Ohio EPA's web 
site and by direct electronic mail to the State's list of interested 
parties. This notice announced a thirty-day comment period beginning 
October 21, 2003. Comments were received and the rule was revised in 
response to the comments and again made available on the State's 
website. A public hearing was held in Columbus on March 11, 2004, at 
which no comments were made, and no comments were received via either 
U.S. Mail or electronic mail.
    Ohio published a notice of adoption of amended rules, and in the 
notice offered its citizens, and affected industry, an opportunity to 
appeal the Ohio EPA Director's findings and orders, and again sent an 
announcement of this opportunity to the list of interested parties. No 
appeals were made. The revision was approved by the Director and became 
effective on May 5, 2004.

F. Why Is EPA Approving This Revision?

    EPA is approving this revision because it conforms with the intent 
of EPA's applicability statement regarding boilers associated with 
fluidized catalytic cracking units located at oil refineries. This 
applicability statement or policy is available from the EPA Clean Air 
Markets Division (CAMD.) A copy of this policy is available at the 
following Web link: http://www.epa.gov/airmarkets/fednox/boilerpolicy.pdf. The intent of the policy has been articulated in 
letters to all three sources in Ohio which are affected by the Ohio 
NOX rule.\1\ In anticipation of the pending changes to the 
Ohio trading rule, these sources petitioned EPA and Ohio to exempt 
specific units from the requirements of OAC 3745-14-01, the monitoring, 
recordkeeping and reporting requirement of the Ohio NOX 
trading rule.
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    \1\ Letter dated June 28, 2004, from Sam Napolitano, Director, 
Clean Air Markets Division, EPA to Mr. Allen R. Ellet, Air Quality 
Team Leader, BP Oil Company, Toledo Refinery, Toledo, Ohio. In this 
letter, EPA approves an extension to the deadline for compliance by 
the CO boiler with the monitoring, recordkeeping and reporting 
requirements of the Ohio NOX budget trading program.
---------------------------------------------------------------------------

    Prior to the May 31, 2004 start of the trading program, EPA had 
already exempted these sources from the monitoring requirements. The 
exemptions were based on requests from the sources, and were made with 
the understanding that Ohio, with guidance from EPA, would amend its 
rules to exempt these sources from monitoring, and submit the rules to 
EPA to formalize the revision to the Ohio NOX plan. EPA 
agreed with the exemptions because the units at these sources are 
considered small emitters and were not factored into the cost-
effectiveness determination in the development of the original EPA 
rule. 63 FR 57356, October 27, 1998. Also, many of these units which 
are classified as CO emission control equipment in some state 
inventories are not significant emitters of NOX. EPA did not 
intend these units to be included in the NOX trading program 
because the emissions from this category were relatively small (less 
than 1 ton per day) 63 FR 57356, October 27, 1998. Ohio corrected this 
applicability issue by revising the State rule to exempt these units 
from the requirements of the NOX program. EPA agrees with 
the State's revision.

III. Final Action

    We are approving Ohio's revision to the State's NOX plan 
because it continues to meet the requirements of the EPA NOX 
trading program. The State's revision makes a minor adjustment in the 
overall trading budget which EPA had confirmed was approvable. EPA 
agreed with Ohio prior to the start of the 2004 ozone season that this 
change would be approved and that affected FCCU-CO boilers would not be 
required to implement NOX rule requirements as long as Ohio 
continued to make progress to change the rules. The rule changes 
affecting the definition of boiler and adjusting the budget became 
effective in the State on May 5, 2004. This adjustment in the budget 
was recognized by EPA as a necessary change to accommodate Ohio's 
change in the definition of ``boiler'' in the State rule. EPA is 
publishing this action as a final rule because it serves to implement 
the intent of the NOX SIP Call and EPA policy and improves 
operation of Ohio's NOX plan.
    In the event we receive substantive adverse comment, this direct 
final rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on a proposed rule published 
elsewhere in today's Federal Register.

IV. Supplementary Information--Electronic Filing

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection on RME and a hard copy file 
which is available for inspection at the Regional Office. EPA has 
established an official public rulemaking file for this action under 
RME ID No. R05-OAR-2004-OH-0003. The official public file consists of 
the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that, if at all possible, you contact the person 
listed in the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available

[[Page 2958]]

at the Regional Office for public inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 RME ``R05-OAR-2004-OH-
0003'' in the subject line on the first page of your comment. Please 
ensure that your comments are submitted within the specified comment 
period. Comments received after the close of the comment period will be 
marked ``late.'' EPA is not required to consider these late comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

V. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (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 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 rule 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 any unfunded mandate or 
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 (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 (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 Clean Air 
Act.

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

    This rule 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 economically significant.

National Technology Transfer Advancement Act

    In reviewing plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a plan submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule 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. section 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. Section 804 exempts from section 801 the 
following types of rules: (1) Rules of particular applicability; (2) 
rules relating to agency management or personnel; (3) rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding this action under 
section 801 because this is a rule of particular applicability.
    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 March 21, 2005. 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, Oxides of nitrogen, Reporting 
and recordkeeping requirements.

    Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
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]

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 2959]]

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(132) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (132) On June 28, 2004, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-01. These revisions change the 
definition of ``boiler'' by excluding from the trading program carbon 
monoxide (CO) boilers associated with combusting CO from fluidized 
catalytic cracking units at petroleum refineries, change the definition 
of continuous emission monitoring system to coincide with the 
definition in 40 CFR part 97, and change the applicabililty of the 
rules for cogeneration units. The submittal also includes revisions to 
OAC rule 3745-14-03 (A housekeeping correction to reference OAC Chapter 
3745-77 concerning Title V operating permit) and 3745-14-05 (Revising 
the number of trading program budget allowances and source 
identification for the ozone seasons 2004 through 2007).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and 
3745-14-05, effective May 25, 2004.

[FR Doc. 05-1032 Filed 1-18-05; 8:45 am]
BILLING CODE 6560-50-P