[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20205]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
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.
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
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
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,
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
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
6. Provide specific examples to illustrate your concerns, and
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
II. What action is EPA taking today and what is the purpose of this
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
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.
This section contains definitions that are necessary and
appropriate for the remainder of Ohio's NOX RACT rule.
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
(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
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
c) Any other information which the Ohio environmental protection
agency may require as a condition of approval of any permit for the
(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
[Pounds of NOX Emissions per mmBtu]
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
(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
(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
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
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
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
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,
recordkeeping requirements, Volatile organic compounds.
Dated: July 29, 2011.
Regional Administrator, Region 5.
[FR Doc. 2011-20205 Filed 8-8-11; 8:45 am]
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