[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Proposed Rules]
[Pages 48754-48758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20205]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0032; FRL-9449-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Reasonably Available Control Technology, Oxides of Nitrogen, 
Cleveland Ozone Non-Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, under the Clean Air Act (CAA), 
revisions to the Ohio State Implementation Plan (SIP) submitted on 
January 3, 2008 and June 1, 2011. These revisions incorporate 
provisions related to the implementation of nitrogen oxides 
(NOX) Reasonably Available Control Technology (RACT) for 
major sources in the former Cleveland-Akron-Lorain moderate ozone 
nonattainment area. These rules are not required because, as 
established in section 182(f) of the CAA, NOX emission 
control requirements do not apply if the resulting emission reductions 
are not needed to demonstrate attainment of the 8-hour ozone standard, 
which is the case for the former Cleveland-Akron-Lorain moderate ozone 
nonattainment area. However, these rules are being submitted and 
approved for their SIP strengthening effect as the control requirements 
in the submitted rules result in a RACT level of control.

DATES: Comments must be received on or before September 8, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0032, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (312) 692-2511.
     Mail: John Mooney, Chief, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
     Hand Delivery: John Mooney, Chief, 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-
2008-0032. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 
http://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 http://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 http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation

[[Page 48755]]

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 Federal holidays. We recommend that you telephone Steven 
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
[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. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this 
action?
III. What is EPA's analysis of Ohio's NOX RACT rule?
IV. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What action is EPA taking today and what is the purpose of this 
action?

    EPA is proposing to approve Ohio's new rule for the control of 
NOX into the Ohio SIP. This rule, Ohio Administrative Code 
(OAC) 3745-110 ``Nitrogen Oxides--Reasonably Available Control 
Technology,'' was submitted to EPA on January 3, 2008, and June 1, 
2011. This rule consists of the following sections: OAC 3745-110-01 
``Definitions,'' OAC 3745-110-02 ``Applicability,'' OAC 3745-21-110 
``RACT requirements and/or limitations for emissions of NOX 
from stationary sources,'' OAC 3745-11-04 ``Compliance deadlines,'' and 
OAC 3745-110-05 ``Compliance methods.''
    The CAA amendments of 1990 introduced the requirement for existing 
major (100 tons per year in moderate nonattainment areas) stationary 
sources of NOX in nonattainment areas to install and operate 
NOX RACT. Specifically, section 182(f) establishes 
NOX emission control requirements for ozone nonattainment 
areas. It provides that these emission control requirements, however, 
do not apply to an area if the Administrator determines that 
NOX emission reductions would not contribute to attainment 
of the ozone standard. EPA's January 2005 document, ``Guidance on 
Limiting Nitrogen Oxides Requirements Related to 8-Hour Ozone 
Implementation,'' provides guidance for demonstrating that further 
NOX reduction in an ozone nonattainment area will not 
contribute to ozone attainment. The guidance provides that three 
consecutive years of monitoring data showing attainment of the standard 
without implementation of section 182(f) NOX provisions is 
adequate to demonstrate that ``additional reductions of oxides of 
nitrogen would not contribute to attainment * * *.'' CAA section 
182(f)(1)(A). As described in the guidance document, approval of this 
type of NOX exemption is contingent on continued monitored 
attainment of the standard.
    On March 17, 2009, Ohio submitted a request for a waiver from the 
section 182(f) NOX requirements for the Cleveland-Akron-
Lorain area based on monitoring data for the years 2006-2008 showing 
attainment of the 8-hour ozone standard in the area. Based on these 
data, EPA approved Ohio's request for an exemption from the section 
182(f) NOX requirements in the Cleveland-Akron-Lorain area 
on September 15, 2009. Because of this NOX waiver the Ohio 
EPA is not required to adopt and implement NOX emission 
control regulations pursuant to section 182(f) for the Cleveland-Akron-
Lorain area to qualify for redesignation. The waiver request 
notwithstanding, Ohio EPA submitted NOX RACT rules to EPA on 
January 3, 2008, and June 1, 2011, and has included NOX RACT 
in the list of contingency measures in the maintenance plan for the 
area.

III. What is EPA's analysis of Ohio's NOX RACT rule?

    These NOX RACT rules are approvable because they are 
enforceable and, for the sources covered, meet all of EPA's 
requirements except for the compliance dates. As discussed above, these 
rules are not required because of the NOX waiver for the 
Cleveland-Akron-Loraine (former nonattainment) area. A discussion of 
these rules follows.

3745-110-01--Definitions

    This section contains definitions that are necessary and 
appropriate for the remainder of Ohio's NOX RACT rule.

3745-110-02--Applicability

    This rule identifies the categories of NOX sources 
subject to the control requirements in rule 3745-110-03. It applies to 
existing very large boilers (greater than 250 mmBtu/hr), large boilers 
(100 mmBtu/hr to 250 mmBTU/hr), mid-size boilers (50 mmBtu/hr to 100 
mmBtu/hr), small boilers (20 to 50 mmBtu/hr), stationary combustion 
turbines and stationary internal combustion engines or to any 
stationary source of NOX that is located at a facility that 
emits or has the potential to emit over 100 tons per year of 
NOX emissions from all sources at the facility and the 
source is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, 
Portage, or Summit County. The control requirements in rule 3745-110-03 
also apply to new (after 1974) or modified very large boilers, large 
boilers, mid-size boilers, small boilers, stationary combustion 
turbines, and stationary internal combustion engines.

3745-110-03--RACT Requirements for Stationary Sources

    This chapter contains control requirements for industrial boilers, 
stationary combustion turbines, and stationary internal combustion 
engines. The emission limits contained in this chapter for industrial 
boilers (provided below), stationary combustion turbines, and 
stationary internal combustion engines are consistent with EPA guidance 
(generally requiring combustion controls) and other state RACT 
evaluations.
    (A) Small boilers.
    The owner or operator of a small boiler must annually perform a 
tune-up and maintain, in a permanently bound log book, or other format 
approved in writing by the Director of Ohio EPA, the following 
information:
    a) The date of the last tune-up;
    b) The name, title and affiliation of the person who performed the 
tune-up and made any adjustments; and

[[Page 48756]]

    c) Any other information which the Ohio environmental protection 
agency may require as a condition of approval of any permit for the 
boiler.
    (B) Mid-size, large and very large boilers.
    Except as otherwise provided in paragraphs (I) and (J) of this 
rule, on and after the compliance deadline specified by rule 3745-110-
04 of the Administrative Code, no owner or operator of a mid-size, 
large, or very large boiler shall allow or permit the discharge into 
the ambient air of any NOX emissions in excess of the 
following:

                                                                  Emissions Limitations
                                                           [Pounds of NOX Emissions per mmBtu]
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                                                                                                                      Spreader stoker-  Overfeed stoker-
                           Fuel type                            Tangential-fired     Wall-fired       Cyclone-fired         fired             fired
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gas Only......................................................          \1\ 0.10          \1\ 0.10               N/A               N/A               N/A
Distillate Oil................................................          \1\ 0.12          \1\ 0.12          \1\ 0.12               N/A               N/A
Residual Oil..................................................          \2\ 0.23          \2\ 0.23          \2\ 0.23               N/A               N/A
Coal (Wet Bottom).............................................          \2\ 0.30          \2\ 0.30          \2\ 0.30               N/A               N/A
Coal (Dry Bottom).............................................          \2\ 0.30          \2\ 0.30          \2\ 0.30          \2\ 0.30          \2\ 0.30
--------------------------------------------------------------------------------------------------------------------------------------------------------
The NOX emission limitations for the boilers specified above may be achieved by employing the NOX emission control technologies specified below.
\1\ low NOX burners (LNB)
\2\ low NOX burners (LNB) in conjunction with flue gas recirculation (FGR) or over-fired air (OFA) as applicable.

    This rule does not contain control requirements for electric 
generating units (EGUs). EPA's Cross-State Air Pollution Rule provides 
statewide, not unit specific, limits for EGUs. This rulemaking does not 
address whether unit specific limits are needed to satisfy RACT.
    Ohio's rule allows an emission averaging program in lieu of the 
applicable emission limits for industrial boilers, stationary 
combustion turbines, and stationary internal combustion engines. 
However, Ohio's rule states that an emission averaging program shall 
not be Federally enforceable until EPA approves the program as part of 
the Ohio SIP. Any such averaging program would therefore have to be 
consistent with ``Improving Air Quality with Economic Incentive 
Programs, EPA-452/R-01-001, January 2001.'' Ohio's submittal includes 
no such averaging programs. EPA will review any such programs if and 
when submitted by Ohio.
    This chapter also requires site-specific RACT evaluations (or RACT 
studies) for any applicable source that is not an industrial boiler, 
stationary combustion turbine, or stationary internal combustion 
engines. Site-specific RACT evaluations are also allowed for industrial 
boilers, stationary combustion turbines, and stationary internal 
combustion engines if the owner or operator claims that the applicable 
limit is economically unreasonable and/or technically infeasible. These 
RACT studies consist of a detailed engineering study to determine the 
technical and economic feasibility of reducing the NOX 
emissions and to define RACT for the source. Any definition of RACT and 
schedule of compliance shall be submitted to and approved by EPA as a 
revision of the Ohio SIP.
    This chapter contains site-specific RACT requirements for four 
sources. Compliance for all of these sources is required by the 
effective date of the rule, which is May 12, 2011. These sources are:
    (1) The Northeast Ohio Regional Sewer District--Southerly 
Wastewater Treatment Center in Cuyahoga Heights
    This facility has two mid-sized natural gas fired boilers, with low 
NOX burners, for which the presumptive limit is 0.10 lb of 
NOX/mmBTU. The use of ultra low NOX burners was 
considered but rejected because they would only provide an additional 
18 percent reduction and a cost-effectiveness of over $50,000 per ton 
of NOX removed. The requested limits of 0.15 lb of 
NOX/mmBTU, based upon the use of low-NOX burners, 
can therefore be reasonably considered to represent RACT for these 
boilers under these particular circumstances.
    (2) ArcelorMittal Cleveland Inc.
    ArcelorMittal has 12 emission units located at its facility which 
are not one of the specific source types with specified limits. A 0.35 
lb/mmBTU limit for the three reheat furnaces at its Hot Strip Mill is 
based upon the installation of 240 low NOX burners which has 
resulted in a 51 percent reduction in NOX emission. The 
Continuous Galvanizing Line is equipped with a low NOX 
burner providing an estimated 50 percent NOX emission 
reduction resulting in an emission limit of 0.23 lb/mmBTU. The 
remaining emissions units burn natural gas or blast furnace gas as fuel 
and generate relatively low NOX emissions and are subject to 
limits from 0.06-0.10 lb/mmBTU. For the reasons provided above, the 
above limits can reasonably be considered to represent RACT under these 
particular circumstances.
    (3) Republic Engineered Products
    Republic Engineered products has 2 reheat furnaces at its facility 
which are not one of the specific source types with specified limits. 
These furnaces use low NOX burners with resulting emission 
limitations of 0.15 and 0.132 lb/mmBTU. These limits can reasonably be 
considered to represent RACT, under these particular circumstances, 
because the additional reductions that could be obtained with post-
combustion controls are not cost-effective.
    (4) United States Steel Lorain Tubular Operations
    United States Steel Lorain Tubular Operations has several furnaces 
at its facility which are not one of the specific source types with 
specified limits. Emissions Units P003, P0037 and P040 are subject to 
limits of 0.068 lb/mmBTU, 0.15 lb/mmBTU and 0.15 lb/mmBTU. These limits 
are based upon the continued use of low NOX burners because 
post combustion controls are not cost-effective. RACT limits have not 
yet been established for Emission Units P035 and P039.

It should be noted that there are other subject sources for which RACT 
limits have not yet been established.

    The emission limits specified in this rule are based upon either of 
the following:
    (1) The average of three one-hour stack test runs if stack testing 
is used to demonstrate compliance; or
    (2) A twenty-four-hour input-weighted average if a continuous 
emissions monitor is used to demonstrate compliance.

Both of these are accepted methods for determining the lbs of 
NOX/mmBTU.

[[Page 48757]]

3745-110-04 Compliance Deadlines

    The effective date of this chapter is December 22, 2007. For 
facilities that have not conducted a RACT study, compliance is required 
by December 22, 2009, if combustion modifications are required to 
achieve compliance with the limits in 3745-21-03 or December 22, 2010, 
if add-on controls are required to demonstrate compliance.
    For facilities conducting a RACT study, compliance is required by 
two years after approval by the Director of Ohio EPA if combustion 
modifications are required to demonstrate compliance. Compliance is 
required by three years after approval by the Director if add-on 
controls are needed to demonstrate compliance. The four facilities 
identified in the discussion of rule 3745-110-03, and for which RACT 
studies have been approved, were required to have achieved compliance 
by May 2, 2011.
    The general emission limits for industrial boilers, stationary 
combustion turbines, and stationary internal combustion engines 
represent RACT. In addition, the limits for the four facilities 
resulting from RACT studies can reasonably be considered to represent 
RACT under the specified circumstances. It should be noted that there 
are other facilities for which RACT studies are being developed that 
are not currently complying with NOX RACT. EPA expects that 
Ohio will adopt and submit limits for those sources once the studies 
are complete, and EPA will evaluate those limits at that time. To the 
extent that the facilities are subject to specific limits under rule 
3745-110-03, compliance with those limits is required now, unless and 
until a revised limit is approved.
    EPA's November 29, 2005, ``Final Rule To Implement the 8-Hour Ozone 
National Ambient Air Quality Standard--Phase 2'' (70 FR 71612) required 
that compliance be achieved by March 2009. Rule 3745-110-04 provides 
for compliance dates after March 2009, but the compliance date has now 
passed for all sources that are subject to the NOX limits in 
this rule. Therefore, there is no longer any ozone air quality impact 
from allowing facilities to have compliance deadlines after 2009 (and 
there is also no way that these facilities can ever meet the March 2009 
deadline). Finally, since Ohio is not currently required to adopt RACT 
rules, Ohio is not required to have RACT rules with a March 2009 
compliance date.

3745-110-05 Compliance Methods

    This rule requires that a source which is subject to the 
requirements of rule 3745-110-03 demonstrate compliance with the 
applicable emission limits by performing emission tests in accordance 
with EPA Method 7, 7A, 7C, 7D, or 7E, and any additional approved EPA 
methods as applicable.
    Any continuous emissions monitoring system for NOX shall 
meet the requirements of Performance Specification 2, 40 CFR Part 60, 
Appendix B and quality assurance procedures contained in 40 CFR Part 
60, Appendix F or 40 CFR Part 75.
    These are the appropriate EPA approved methods for establishing 
compliance.

Conclusion

    These rules are not required because, as established in section 
182(f) of the CAA, NOX emission control requirements do not 
apply if the resulting emission reductions are not needed to 
demonstrate attainment of the 8-hour ozone standard, which is the case 
for the former Cleveland-Akron-Lorain moderate ozone nonattainment 
area. However, these rules are being submitted and approved for their 
SIP strengthening effect. In addition, EPA believes that the control 
requirements in the submitted rules mandate an acceptable RACT level of 
control.
    As indicated above, these rules do not apply to EGUs. In addition, 
there are other otherwise applicable sources that are not subject to 
these rules because their RACT studies have not as yet been approved. 
Finally, compliance deadlines for some sources are later than the March 
2009, deadline that was established in EPA's phase 2 guidance for areas 
required to adopt RACT rules pursuant to the 1997 8-hour ozone 
standard. However, EPA is satisfied that the limits for sources covered 
in Ohio's rule are RACT-level limits, and EPA finds the compliance 
dates acceptable given that the RACT requirements (and associated 
compliance deadline requirements) do not apply and given that in any 
case all sources are now required to be in compliance.
    These rules are therefore being proposed for approval because they 
provide additional NOX control requirements and therefore 
strengthen the effectiveness of the SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and

[[Page 48758]]

recordkeeping requirements, Volatile organic compounds.

    Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-20205 Filed 8-8-11; 8:45 am]
BILLING CODE 6560-50-P