[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Rules and Regulations]
[Pages 54844-54847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18894]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0544; FRL-8470-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request from Ohio to amend its State 
Implementation Plan (SIP) emission statement reporting regulation. The 
request to revise Ohio's SIP was submitted by the Division of Air 
Pollution Control on May 1, 2006, and supplemented on May 22, 2007. 
Ohio held a public hearing on these revisions on September 8, 2005. The 
SIP revision concurrently rescinds and revises portions of Ohio 
Administrative Code Chapter 3745-24 to be consistent with the Clean Air 
Act (CAA) emission statement program reporting requirements for 
stationary sources. The revision makes the rule more general to apply 
to all counties designated nonattainment for ozone, and not to a 
specific list of counties. The rationale for approval and other 
information are provided in this rulemaking action.

DATES: This direct final rule will be effective November 26, 2007, 
unless EPA receives adverse comments by October 29, 2007. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0544, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office 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 Docket ID No. EPA-R05-OAR-
2006-0544. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
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 www.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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We 
recommend that you telephone Charles Hatten, Environmental Engineer, at 
(312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. General Information
II. What Is Required by the Clean Air Act and How Does It Apply to 
Ohio?
III. What Change Is Ohio Requesting?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action applies to all stationary sources located in areas 
designated nonattainment for ozone.

II. What Is Required by the Clean Air Act and How Does It Apply to 
Ohio?

Emission Statements (Annual Reporting)

    Section 182(a)(3)(B) of the CAA requires each state to submit 
revisions to its SIP to require that the owner or operator of each 
stationary source of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX), in areas designated nonattainment of the 
National Ambient Air Quality Standard (NAAQS) for ozone, prepare and 
submit emission statements each year showing actual emissions of those 
pollutants. This requirement applies to all ozone nonattainment areas 
covered under subpart 2 of part D of Title I of the Act, regardless of 
classification (marginal, moderate, etc.) In such nonattainment areas, 
facilities which emit VOCs or NOX (on a plant-wide basis) in 
amounts of 25 tons per year or more into the ambient air must submit an 
emission statement to the State.
    On April 30, 2004, EPA published its Phase 1 rule to implement the 
8-hour ozone NAAQS (69 FR 23951). On this same date, EPA set forth 
nonattainment and attainment designations for the 8-hour ozone NAAQS 
(69 FR 23858).
    EPA has determined that the emission statement program requirements 
previously applicable for the 1-hour ozone NAAQS apply in the same 
manner for the 8-hour NAAQS. See May 3, 2006, memorandum from Thomas C. 
Curran, Director, Air Quality Assessment Division, to Regional Air 
Division Directors, entitled ``Emission Statement Requirement Under 8-
hour Ozone NAAQS implementation.'' Thus,

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the requirement for emission statements under section 182(a)(3)(B) 
applies to newly-designated subpart 2 nonattainment areas. Also, those 
areas designated nonattainment for ozone under the 1-hour ozone NAAQS 
and then designated nonattainment under the 8-hour ozone NAAQS, 
regardless of classification under subpart 2 of part D of Title I of 
the Act, remain subject to the emission statement requirement of 
section 182(a)(3)(B).

Ohio's Current SIP

    On October 13, 1994, EPA approved several rules in Chapter 3745-24 
of the Ohio Administrative Code (OAC) as meeting the ``Emission 
Statement'' program requirements of section 182(a)(3)(B) of the CAA. 
Chapter 3745-24 of the OAC included rules 3745-24-01 to 3745-24-04.
Rule 3745-24-01 (Definitions)
    The first section of the rule, 3745-24-01, is entitled 
``Definitions.'' Unless otherwise provided in this rule, definitions in 
rule 3745-24-01 apply.
Rule 3745-24-02 (Applicability)
    The second section of the rule, 3745-24-02, which is entitled 
``Applicability,'' states that the requirements of this chapter apply 
to stationary sources, specifically, located in the Cincinnati-Hamilton 
(Butler, Clermont, Hamilton and Warren Counties) area designated ozone 
nonattainment. Facilities emitting 25 tons per year VOCs or 
NOX (on a plant-wide basis) during any calendar year are 
required to submit an emission statement. This requirement started with 
calendar year 1992. Sources in counties redesignated to attainment for 
ozone are exempt from reporting.
    Under 3745-24-02, stationary sources located in a total of 24 
counties designated nonattainment for ozone covered under subpart 2 of 
part D of Title I of the Act were required to submit emission 
statements. See 59 FR 51863. Subsequently, EPA redesignated a number of 
counties subject to the emission statement program to attainment for 
the 1-hour ozone standard. See, e.g., 60 FR 22289 (Dayton-Springfield 
Area), 60 FR 39115 (Toledo Area), 61 FR 3319 (Canton, and Youngstown-
Warren-Sharon Areas), 61 FR 3591, and 61 FR 20458 (Cleveland-Akron-
Lorain Area). On March 23, 1998, EPA approved a revision to rule 3745-
24-02 to reflect these changes. See 63 FR 13787. As a result, the 
emission statement program requirements applied to stationary sources 
only in the Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren 
Counties) ozone nonattainment area.
Rule 3745-24-03 (Deadlines for the Submission of the Emissions 
Statements)
    Section 3745-24-03, which is entitled ``Deadlines for the 
submission of the emissions statements,'' requires that the 1992 
emissions statements be submitted by July 1, 1994. For calendar year 
1993 and beyond, emission statements are due by November 15th of the 
following calendar year.
Rule 3745-24-04 (Emission Statement Requirements)
    Rule 3745-24-04, entitled ``Emission statement requirements,'' 
requires affected owners that meet the applicability requirements 
specified in rule 3745-24-02 to submit emissions statements to Ohio EPA 
by the required deadline specified in rule 3745-24-03, and 
certification of accuracy of the statement. The certification of 
accuracy of the information must be submitted by an appropriate 
facility official.

III. What Change Is Ohio Requesting?

    Ohio is requesting that EPA approve several revisions to its 
existing emission reporting rules contained in Chapter 3745-24 of the 
OAC to be consistent with the emission statement program requirements 
for stationary sources in section 182(a)(3)(B) of the CAA. Because the 
revisions to OAC 3745-24 are necessary, and change or eliminate over 
half of each rule, to satisfy the requirements of section 119.032 of 
the Ohio Revised Code (5-Year Rule Review), Ohio EPA rescinded OAC rule 
3745-24-01 (Definitions), 3745-24-02 (Applicability), and 3745-24-03 
(Deadline for the submission of the emission statements), and 
promulgated them as new rules. The rule revisions are as follows:

3745-24-01 (Definitions)

    In section 3745-24-01 (Definitions), Ohio EPA is requesting 
approval of the removal of several definitions. Certain definitions are 
provided in the instructions accompanying the emission statement form 
to be filed as prescribed by the Director of Ohio EPA. Thus, the 
revision to this rule would allow enough flexibility for the emission 
statement form to change so long as the data needed is collected. The 
emission statement requirements are outlined in OAC rule 3745-24-04.

3745-24-02 (Applicability)

    In section 3745-24-02 (Applicability), Ohio EPA is requesting 
approval to make the applicability of the rule more general, rather 
than area specific, to include any county designated nonattainment of 
the NAAQS for ozone. Currently, the rule specifies that the emission 
statement requirements apply to stationary sources located in the 
Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren Counties) 
ozone nonattainment area. The revision would provide Ohio EPA more 
flexibility to apply the emission statement program to develop a 
complete and accurate emission inventory for air quality planning 
purposes at the State, and also meet EPA's emission reporting 
requirements for all counties designated nonattainment of the NAAQS for 
ozone.

3745-24-03 (Deadlines for the Submission of the Emissions Statements)

    In section 3745-24-03 (Deadlines for the submission of the 
emissions statements), Ohio EPA is requesting approval to change the 
due date for the emission statements to be the same as for Ohio's 
emission fee report, April 15, following the year covered by the 
reporting period. Thus, to align the reporting due dates for both the 
emission statement and fee emission, the rule revision would streamline 
reporting of emissions and provide more timely reporting than the 
previous SIP-approved rules.

IV. What Action Is EPA Taking?

    EPA is approving the State's request that concurrently rescinds and 
revises portions of the Ohio Administrative Code Chapter 3745-24 [rule 
3745-24-01 (Definitions), 3745-24-02 (Applicability), and 3745-24-03 
(Deadline for the submission of the emission statements)] to be 
consistent with the CAA emission statement program reporting 
requirements for stationary sources. EPA has determined that the Ohio 
emission statement program contains the necessary applicability, and 
reporting provisions to meet the requirements for an emission statement 
program as part of the SIP. The revision makes the rule more general to 
apply to all counties designated nonattainment for ozone, and not to a 
specific list of counties.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective November 26, 
2007 without further notice unless we receive relevant

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adverse written comments by October 29, 2007. If we receive such 
comments, we will withdraw this action before the effective date by 
publishing a subsequent document that will withdraw the final action. 
All public comments received will then be addressed in a subsequent 
final rule based on the proposed action. The EPA will not institute a 
second comment period. Any parties interested in commenting on this 
action should do so at this time. If we do not receive any comments, 
this action will be effective November 26, 2007.

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

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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 (59 
FR 22951, 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 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.

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. 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).
    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 November 26, 2007. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, and Volatile organic compounds.

    Dated: September 4, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of 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)(139) to read as 
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (139) On May 1, 2006, and supplemented on May 22, 2007, Ohio 
submitted final adopted state implementation plan revisions which 
concurrently rescinds and revises portions of the Ohio Administrative 
Code Chapter 3745-24 to be consistent with the Clean Air Act emission

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statement program reporting requirements for stationary sources. This 
revision includes amendments to the emission reporting regulation 
approved on October 13, 1994, and March 23, 1998, codified in 
paragraphs (c)(100) and (c)(117) of this section. The revision makes 
the rule more general to apply to all counties designated nonattainment 
for ozone, and not to a specific list of counties.
    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC Rule Chapter 3745-24-01: ``Definitions'', effective on 
December 16, 2005.
    (B) OAC Rule Chapter 3745-24-02: ``Applicability'', effective on 
December 16, 2005.
    (C) OAC Rule Chapter 3745-24-03: ``Deadlines for the submission of 
the emission statements'', effective on December 16, 2005.

[FR Doc. E7-18894 Filed 9-26-07; 8:45 am]
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