[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Proposed Rules]
[Pages 2992-2994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1033]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-OH-0003; FRL-7850-5]


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: Proposed rule.

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SUMMARY: On June 28, 2004, Ohio submitted an oxides of nitrogen 
(NOX) State Implementation Plan (SIP)

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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 control program. The Ohio SIP 
revision addresses some minor corrections in the rules and also 
incorporates by reference specific elements of the NOX SIP 
Call. EPA agrees with Ohio's request because the changes conform to EPA 
policy. 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 
trading program would not be cost effective.
    In the Final Rules Section of this Federal Register, EPA is 
approving the changes to the SIP for Ohio's NOX trading 
program as a direct final rule without prior proposal because we view 
this action as noncontroversial and anticipate no adverse comments. If 
no written adverse comments are received in response to the direct 
final rule, no further activity is contemplated in relation to this 
proposed rule. If EPA receives meaningful written adverse comments, the 
direct final rule will be withdrawn and all public comments received 
will be addressed in a subsequent final rule based on this proposed 
rule. If no adverse written comments are received, the direct final 
rule will take effect on the date stated in that document and no 
further activity will be taken on this proposed rule. Any party 
interested in commenting on this action should do so within the 
timeframe noted below.

DATES: Comments on this action must be received by February 18, 2005.

ADDRESSES: Submit comments, identified by Regional Material in e-Docket 
(RME) ID No. R05-OAR-2004-OH-0003 by one of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub. Regional Material in 
e-Docket (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 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 
this document.
    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., Confidential Business 
Information (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 Facility 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) 353-8656. 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' are used we mean the EPA.

Table of Contents

General Information

I. What Actions Are EPA Taking Today?
II. Instructions for Submitting Comments.
III. Additional Information.

General Information

I. What Actions Are EPA Taking Today?

    The EPA is proposing to approve a revision to the Ohio 
NOX trading SIP, specifically Ohio Administrative Code 3745-
14 submitted by the State on June 28, 2004. The purpose of the 
submittal is to change the rule to remove the applicability of the rule 
to boilers associated with fluidized catalytic cracking units (FCCU) at 
petroleum refineries. The revision also allocates an additional 16 
NOX allowances to the overall emissions budget and the 
trading budget to correct a typographical error made in the original 
state rule. EPA is proposing to approve the Ohio request because the 
changes conform to our policy regarding carbon monoxide boilers 
associated with FCCUs at refineries. 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 trading program would not be cost effective.

II. Instructions for Submitting Comments

    1. Submitting CBI. Do not submit this information to EPA through 
RME,

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regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
vulgarity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

III. Additional Information

    For additional information, see the Direct Final Rule which is 
located in the Rules section of this Federal Register. Copies of the 
State's request and the EPA's analysis are available electronically at 
RME or in hard copy at the above address. (Please telephone John 
Paskevicz at (312) 886-6084 before visiting the Region 5 Office.)

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

    Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-1033 Filed 1-18-05; 8:45 am]
BILLING CODE 6560-50-P