[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Rules and Regulations]
[Pages 4023-4026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1441]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OH 159-2; FRL-7862-8]


Approval and Promulgation of Implementation Plans; Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On September 27, 2003, Ohio requested revisions to the State 
Implementation Plan (SIP) for sulfur dioxide (SO2) for 
several counties in Ohio, along with a request for redesignation of 
Cuyahoga County to attainment for SO2. On July 8, 2004, at 
69 FR 41344, EPA proposed to approve the requested revisions and to 
redesignate Cuyahoga County as requested. EPA also published a 
corresponding direct final rule on the same date, at 69 FR 41336, but 
EPA withdrew this direct final rule because it received an adverse 
comment. A citizen from New Jersey expressed concern about air 
pollution coming east from Ohio and urged EPA to require Ohio power 
plants to upgrade their pollution controls. EPA is satisfied that the 
SO2 emission limits submitted by Ohio suffice to assure 
attainment of the SO2 air quality standard. EPA notes 
further that a separate action proposed on January 30, 2004, at 69 FR 
4566, known as the Clean Air Interstate Rule, would require significant 
reduction in the emissions of SO2 and nitrogen oxides 
(NOX) of power plants in Ohio and elsewhere for purposes of 
reducing their long-range transported contributions to fine particulate 
matter and ozone exposures. EPA also received a comment from an 
affected company clarifying the operational status of boilers affected 
by the relevant rule. EPA affirms this clarification. Thus, as 
proposed, EPA is approving the SO2 rules Ohio submitted, 
removing the Federal Implementation Plan rules that these State rules 
supersede, and redesignating Cuyahoga County to attainment for 
SO2.

DATES: This final rule is effective on February 28, 2005.

ADDRESSES: Copies of the Ohio's submittals and other information are 
available for inspection during normal business hours at the following 
address: (We recommend that you telephone John Summerhays at (312) 886-
6067, before visiting the Region 5 Office.)
    United States Environmental Protection Agency, Region 5, Air 
Programs Branch (AR-18J), Criteria Pollutant Section, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: John Summerhays at (312) 886-6067.

SUPPLEMENTARY INFORMATION: This supplemental information section is 
organized as follows:

I. Synopsis of Ohio's Submittal
II. Review of Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Synopsis of Ohio's Submittal

    On September 27, 2003, Ohio requested numerous revisions to its

[[Page 4024]]

State Implementation Plan (SIP) for sulfur dioxide (SO2). 
These revisions principally relate to the nature of the federally 
enforceable emission limits for SO2 in several Ohio 
counties. For most of the sources affected by this request, the current 
limits are the federally promulgated Federal Implementation Plan (FIP) 
limits that EPA promulgated in 1976 (with selected subsequent 
amendments). Ohio requested that EPA approve numerous State-adopted 
emission limits as federally enforceable, which would allow EPA to 
delete the corresponding FIP limits.
    Ohio's submittal addresses SO2 limits for the following 
counties: Adams, Allen, Clermont, Cuyahoga, Lake, Lawrence, Mahoning, 
Monroe, Montgomery, Muskingum, Pike, Ross, Washington, and Wood 
Counties. For Cuyahoga, Mahoning, Monroe, and Washington Counties, the 
submitted limits differ from the current federally enforceable limits. 
Ohio provided evidence from modeling that the submitted limits would 
provide for attainment of the SO2 standards. For the other 
counties, the submitted limits are largely equivalent to current 
federally enforceable limits. Finally, Ohio submitted selected 
revisions to generic rules with statewide applicability.
    The second Ohio request is for EPA to redesignate the Cleveland 
area (Cuyahoga County) from a nonattainment area to an attainment area 
for SO2. Among the prerequisites to redesignation is that 
EPA has approved State adopted rules sufficient to provide for 
attainment and to satisfy other planning requirements. Ohio's submittal 
and EPA's approval of State limits for Cuyahoga County for replacing 
FIP limits addresses this prerequisite. A related, third Ohio request 
is that EPA approve Ohio's plan for continuing to attain the 
SO2 air quality standard in Cuyahoga County.
    EPA published a direct final rule approving Ohio's requests and 
redesignating Cuyahoga County to attainment for SO2 on July 
8, 2004, at 69 FR 41336. EPA subsequently withdrew this action due to 
receipt of a relevant adverse comment. Nevertheless, readers seeking a 
more thorough description of Ohio's submittal, EPA's criteria for 
reviewing this submittal, and EPA's review of the submittal, may 
consult this notice of direct final rulemaking.

II. Review of Comments

    In conjunction with its direct final rule, EPA simultaneously 
published a proposed rule proposing the same actions, published at 69 
FR 41344. EPA received two comment letters in response to this proposed 
rule.
    Comment: A citizen from New Jersey commented: ``This agency must 
examine this with a view to any Ohio poisonous air that comes east, 
impacting New Jersey, New York, and Connecticut. EPA has a duty and 
responsibility to guarantee clean air to those east of Ohio, as well as 
Ohio residents. We need the highest standards for Ohio.
    Power plants have had at least fifty years to upgrade their plants. 
There is absolutely no reason if they have failed to upgrade, other 
than a desire to pollute. It is time to clean up our air.''
    Response: In this action, EPA is evaluating the adequacy of Ohio's 
limits for assuring attainment of the SO2 air quality 
standards. In general, the highest concentrations of SO2 
arise within a few kilometers of a source or sources that emit 
SO2; nevertheless, EPA has examined evidence related to the 
longer range impacts and believes that Ohio sources are not causing 
violations of the SO2 standards or interfering with 
attainment of the SO2 standards in the cited eastern states. 
At the same time, EPA is taking separate actions to address the impacts 
of SO2 emitted from power plants in Ohio and elsewhere on 
concentrations of other air pollutants. In particular, in order to 
address long-range impacts of power plant emissions on concentrations 
of fine particulate matter and ozone, EPA has proposed to require 
significant reductions of emissions of SO2 and 
NOX from power plants throughout the Eastern United States, 
including Ohio. This proposal was published on January 30, 2004, at 69 
FR 4566, and EPA intends to publish final action on this proposal later 
this year.
    Comment: MW Custom Papers commented to clarify the operational 
status of the boilers at a mill, formerly known as a Mead Corporation 
facility, which it operates in Ross County, Ohio. The commenter 
highlighted a statement in the preamble section of the direct final 
rulemaking discussing Ross County rules, stating ``The FIP limit for 
boilers at this source is 0.00/MMBTU, based on anticipation 
that these boilers would be shut down; however, these boilers did not 
in fact shut down.'' The commenter explains that four boilers, 
corresponding to stacks 1, 2, 3, and 4, were in fact shut down as 
anticipated, but three other boilers (boilers 5, 7 and 8) were not shut 
down and were never intended to be shut down. Indeed, the commenter 
notes, while the FIP expressly requires zero emissions from stacks 1 
through 4, the attainment analysis assumes nonzero emissions for the 
other three boilers. The commenter requests that EPA provide this 
explanation in its final rulemaking.
    Response: The preamble to the direct final rulemaking reflected a 
confusion between boilers slated for shutdown and boilers (not 
mentioned in the FIP regulations but given explicit limits in Ohio's 
rules) that were slated for continued operation. EPA acknowledges its 
error and appreciates the clarification. Thus, Ohio's rules reflect the 
same operations as the FIP, i.e., boilers for stacks 1 through 4 shut 
down and boilers 5, 7, and 8 operating with nonzero limits, and the 
company in fact shut down the boilers it intended to shut down. This 
explanation provides a clarified basis for approving Ohio's Ross County 
limits.

III. EPA Action

    This rulemaking approves numerous SO2 limits adopted and 
submitted by Ohio, many of which replace limits that EPA promulgated as 
part of a FIP. EPA is approving rules for Adams County (limits for 
Dayton Power & Light-Stuart Station), Allen County (limits for the 
Marsulex facility), Clermont County (limits for Cincinnati Gas & 
Electric-Beckjord Station), Cuyahoga County (full rule), Lake County 
(full rule), Lawrence County (limits for the Allied Chemical facility), 
Mahoning County (full rule), Monroe County (full rule), Montgomery 
County (limits for the Glatfelter and Miami Paper facilities), 
Muskingum County (Armco Steel), Pike County (limits for the Portsmouth 
Diffusion Plant), Ross County (limits for the MW Custom Papers 
facility), Washington County (full rule), and Wood County (Libby-Owens-
Ford Plants 4 & 8 and Plant 6).
    In those cases where the affected plants are subject to FIP limits, 
the approved State rules supersede the FIP limits. In today's action, 
EPA is removing the FIP rules that have thus been superseded.
    EPA is redesignating Cuyahoga County to attainment for 
SO2. EPA is also approving Ohio's plan for maintenance of 
the SO2 air quality standard in Cuyahoga County.

IV. Statutory and Executive Order Reviews

    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. 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). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional

[[Page 4025]]

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.). 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).
    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). 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 state rules 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. 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.
    In reviewing SIP 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 SIP 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. 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.).
    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 29, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur dioxide.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: January 13, 2005.
Michael O. Leavitt,
Administrator.

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.

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(129) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (129) On September 27, 2003, the Ohio Environmental Protection 
Agency submitted revised rules for sulfur dioxide. The submittal 
includes revised provisions in Rules 3745-18-01, 3745-18-04, and 3745-
18-06, relating to natural gas use, as well as special provisions in 
Rule 3745-18-04 for compliance testing for Lubrizol in Lake County. The 
submittal includes recently revised Ohio limits in Cuyahoga, Lake, 
Mahoning, Monroe, and Washington Counties, as well as previously 
adopted source-specific limits in Adams, Allen, Clermont, Lawrence, 
Montgomery, Muskingum, Pike, Ross, and Wood Counties that had not 
previously been subject to EPA rulemaking.
    (i) Incorporation by reference.
    (A) Rules OAC 3745-18-01; OAC 3745-18-04(F); OAC 3745-18-04(J); OAC 
3745-18-06; OAC 3745-18-24; OAC 3745-18-49; OAC 3745-18-56; OAC 3745-
18-62; and OAC 3745-18-90. Adopted August 19, 2003, effective September 
1, 2003.
    (B) Rules OAC 3745-18-07(B); OAC 3745-18-08(H); OAC 3745-18-19(B); 
OAC 3745-18-66(C); OAC 3745-18-72(B);, effective May 11, 1987.
    (C) OAC 3745-18-50(C); OAC 3745-18-77(B); effective December 28, 
1979.
    (D) OAC 3745-18-63(K) and (L); and OAC 3745-18-93(B) and (C); 
effective December 1, 1984.
    (ii) Additional material--Letter from Robert Hodanbosi, Chief of 
the Division of Air Pollution Control of the Ohio EPA, to Thomas 
Skinner, Regional Administrator for Region 5 of USEPA, dated September 
27, 2003.
* * * * *

0
3. Section 52.1881 is amended as follows:
0
a. By revising paragraphs (a)(4) and (a)(8) and adding paragraph 
(a)(15).
0
b. By removing paragraphs (b)(7) through (b)(15), redesignating 
paragraph (b)(16) as (b)(7), removing paragraphs (b)(17) through 
(b)(25), redesignating paragraphs (b)(26), (b)(27) and (b)(28) as 
(b)(8), (b)(9), and (b)(10), respectively, and removing paragraphs 
(b)(29) and (b)(30).


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, Allen County, Ashland County, 
Ashtabula County, Athens County, Auglaize County, Belmont County, Brown 
County, Butler County, Carroll County, Champaign County, Clark County, 
Clermont County, Clinton County, Columbiana County, Coshocton County, 
Crawford County, Cuyahoga 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, Licking County, Logan County, Lorain County, Lucas County, 
Madison County, Mahoning County, Marion County, Medina County, Meigs 
County, Mercer County, Miami County, Monroe County, Montgomery County, 
Morgan County, Morrow County, Muskingum County,

[[Page 4026]]

Noble County, Ottawa County, Paulding County, Perry County, Pickaway 
County, Pike County, Portage County, Preble County, Putnam County, 
Richland County, Ross County, 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, Wayne County, Williams 
County, Wood County, and Wyandot County.
* * * * *
    (8) No Action--EPA is neither approving nor disapproving the 
emission limitations for the following counties/sources pending further 
review: Franklin County, Sandusky County (Martin Marietta Chemicals), 
and Stark County.
* * * * *
    (15) On September 27, 2003, Ohio submitted maintenance plans for 
sulfur dioxide in Cuyahoga County and Lucas County.
* * * * *

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.336 the Ohio-SO2 table is amended by revising 
the entry for Cuyahoga County to read as follows:


Sec.  81.336  Ohio.

                                                    Ohio-SO2
----------------------------------------------------------------------------------------------------------------
                                                  Does not meet   Does not meet                    Better than
                Designated area                      primary        secondary       Cannot be        national
                                                    standards       standards      classified       standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cuyahoga County................................  ..............  ..............  ..............               X
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-1441 Filed 1-27-05; 8:45 am]
BILLING CODE 6560-50-P