[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Pages 18520-18521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9752]
[[Page 18520]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH106-1a; FRL-5808-5]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: U.S. Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: On November 12, 1996, USEPA received a State Implementation
Plan (SIP) revision request from the Ohio Environmental Protection
Agency (Ohio EPA). This revision request was in the form of an
amendment to the Ohio Administrative Code (OAC) which added an
additional exemption from organic compound emission controls for
qualifying new sources. In this action, USEPA is approving the State's
SIP revision request through a ``direct final'' rulemaking; the
rationale for this approval is set forth below. Elsewhere in this
Federal Register, USEPA is proposing approval and soliciting comment on
this direct final action; if adverse comments are received, USEPA will
withdraw the direct final rulemaking and address the comments received
in a new final rule; otherwise, no further rulemaking will occur on
this SIP revision request.
DATES: This action will be effective June 16, 1997 unless substantive
adverse comments not previously addressed by the State or USEPA are
received by May 16, 1997. If the effective date of this action is
delayed due to adverse comments, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois, 60604.
Copies of the Ohio submittal are available for public review during
normal business hours, between 8:00 a.m. and 4:30 p.m., at the above
address.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Telephone: (312) 886-6036.
SUPPLEMENTARY INFORMATION:
I. Background
Rule 3745-21-07 of the Ohio Administrative Code (OAC) specifies
organic compound control requirements for existing stationary sources
located in twenty-eight Ohio Counties: Butler, Clark, Clermont,
Cuyahoga, Darke, Delaware, Fairfield, Franklin, Geauga, Greene,
Hamilton, Lake, Licking, Lorain, Lucas, Madison, Medina, Miami,
Montgomery, Perry, Pickaway, Portage, Preble, Starke, Summit, Union,
Warren and Wood which are referred to as ``Priority I'' counties in
Rule 3745-21-06. It should be noted that Rule 3745-21-06 which lists
the counties subject to the requirements of Rule 3745-21-07 is not
being considered as part of this direct final rule. Rule 3745-21-07
also specifies organic compound control requirements for all new
stationary sources regardless of location.
On November 12, 1996, USEPA received a SIP revision request from
Ohio EPA in the form of an October 7, 1996 amendment to Rule 3745-21-
07--Section(G)(9)(g)--which added an additional exemption from organic
compound emission controls for qualifying new sources which met three
requirements.
1. The Director of the Ohio EPA determined that ``Best Available
Technology'' (BAT) for the emissions unit, as required by Ohio's permit
to install rules, is either less stringent than or inconsistent with
the requirements of OAC Rule 3745-21-07(G). The term ``BAT'' is defined
at Section 3704.01 of the Ohio Regulatory Code (ORC). Since a BAT
determination could be less stringent than the USEPA definition of
reasonably available control technology (RACT) requirements due to
Ohio's definition of BAT, in cases where an emissions limitation is
applicable, the BAT determination must reflect the lowest emission
limit that the emissions unit is capable of meeting by the application
of control technology that is reasonably available considering
technological and economic feasibility. In addition, the BAT
determination for an emissions unit located within an ozone
nonattainment area must comply with Section 193 (General Savings
Clause) of the Clean Air Act (Act).
2. The USEPA has provided written approval of the issuance of a
permit to install for the emissions unit.
3. The issued permit to install contains terms and conditions
specifying the BAT requirements for the emissions unit, and the permit
is issued by Ohio EPA in a manner that makes the terms and conditions
of the permit federally enforceable.
In addition to adopting Section (G)(9)(g), the October 7, 1996,
final rule made a limited number of changes to portions of OAC Rule
3745-21-07 previously adopted and approved by USEPA. USEPA has reviewed
these changes and found them to be nonsubstantive.
II. Rulemaking Action
The USEPA approves the incorporation of Section (G)(9)(g) of OAC
Rule 3745-21-07 into the Ohio SIP. Because nonsubstantive revisions
were also made to Rule 3745-21-07, the USEPA is incorporating all of
Rule 3745-21-07 so that the text of the current State rule is identical
to the text of the federally approved rule. The USEPA is publishing
this action without prior proposal because USEPA views this as a
noncontroversial revision and anticipates no adverse comments. However,
in a separate document in this Federal Register publication, the USEPA
is proposing to approve the SIP revision should adverse or critical
comments be filed. This action will be effective on June 16, 1997
unless, by May 16, 1997, adverse or critical comments are received.
If the USEPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The USEPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on June 16, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
III. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. section 600 et seq.,
USEPA
[[Page 18521]]
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. sections 603 and
604. Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Act forbids USEPA to base its actions concerning SIPs
on such grounds. Union Electric Co. v. EPA., 427 U.S. 246, 256-66
(1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, USEPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
State or local law. No new Federal requirements are imposed.
Accordingly, no additional costs to state, local, or tribal
governments, or the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a major rule as defined by section
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 16, 1997. 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, Hydrocarbons.
Dated: April 1, 1997.
Michelle D. Jordan,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart KK--Ohio
2. Section 52.1870 is amended by adding paragraph (c)(114) to read
as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(114) On November 12, 1996, the Ohio Environmental Protection
Agency submitted a request to incorporate section(G)(9)(g) of Rule
3745-21-07 of the Ohio Administrative Code into the Ohio State
Implementation Plan (SIP). Section (G)(9)(g) provides an additional
exemption from organic compound emission controls for qualifying new
sources. Because, in the process of adopting section(G)(9)(g), minor
editorial changes were made to other parts of Rule 3745-21-07, the
United States Environmental Protection Agency is incorporating all of
Rule 3745-21-07 into the Ohio SIP. This will avoid confusion by making
the SIP approved rule identical to the current State rule.
(i) Incorporation by reference.
(A) Rule 3745-21-07 of the Ohio Administrative Code, adopted
October 7, 1996, effective October 31, 1996, as certified by Donald R.
Schregardus, Director of the Ohio Environmental Protection Agency.
[FR Doc. 97-9752 Filed 4-15-97; 8:45 am]
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