96-12119. Approval and Promulgation of Implementation Plans; Ohio  

  • [Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
    [Rules and Regulations]
    [Pages 24457-24460]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12119]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [OH16-3-7264a; FRL-5439-4]
    
    
    Approval and Promulgation of Implementation Plans; Ohio
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Direct final rule.
    
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    SUMMARY: On August 23, 1994, the United States Environmental Protection 
    Agency (USEPA) granted conditional approval of revisions to the 
    emission limitations, compliance methodologies, and compliance time 
    schedules in Ohio's State Implementation Plan (SIP) for sulfur dioxide 
    (SO2) as it applies to Hamilton County. The outstanding condition 
    has been addressed, and USEPA is now fully approving the Hamilton 
    County, Ohio, SO2 SIP. Submitted by Ohio in response to modeling 
    analyses which predicted violations of the SO2 National Ambient 
    Air Quality Standards (NAAQS) due to Hamilton County sources, this SIP 
    has been demonstrated to provide for attainment and maintenance of the 
    SO2 NAAQS in Hamilton County.
    
    DATES: This action will be effective on July 15, 1996 unless adverse or 
    critical comments not previously addressed by the State or USEPA are 
    received by June 14, 1996. If the effective date is delayed, timely 
    notice will be published in the Federal Register.
    
    ADDRESSES: Written comments should be addressed to: J. Elmer Bortzer, 
    Chief,
    
    [[Page 24458]]
    
    Regulation Development Section, Air Programs Branch (AR-18J), United 
    States Environmental Protection Agency, Region 5, 77 West Jackson 
    Boulevard, Chicago, Illinois 60604.
        Copies of the State's submittal and USEPA's analysis (Technical 
    Support Document) are available for inspection at the following 
    location: United States Environmental Protection Agency, Region 5, Air 
    and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
    60604. (It is recommended that you telephone Mary Onischak at (312) 
    353-5954 before visiting the Region 5 Office.)
    
    FOR FURTHER INFORMATION CONTACT: Mary Onischak at (312) 353-5954.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On October 16, 1991, Ohio submitted SO2 SIP revisions to USEPA 
    for Hamilton County, Ohio. The State submitted a package on March 17, 
    1993, which further amended these SIP revisions. The SIP revisions were 
    intended to provide for attainment of the National Ambient Air Quality 
    Standards (NAAQS) for SO2, in response to a December 22, 1988, 
    letter in which USEPA notified the Governor of Ohio that the SO2 
    SIP was substantially inadequate to maintain the SO2 NAAQS in 
    Hamilton County. USEPA's notification was based on predicted violations 
    of the SO2 standards due to SO2 sources located in Hamilton 
    County, Ohio. Ohio's SIP package included revisions to Ohio 
    Administrative Code (OAC) 3745-18-03 Attainment Dates and Compliance 
    Time Schedules, OAC 3745-18-04 Measurement Methods and Procedures, and 
    OAC 3745-18-37 Hamilton County Emission Limits, supplemented by an 
    administrative order for Cincinnati Gas and Electric's Miami Fort 
    facility. Ohio's submittal, including the background information, 
    attainment demonstration, and compliance methodologies, is discussed in 
    detail in the January 27, 1994, proposed conditional approval (59 FR 
    3809). Comments on the proposed conditional approval were addressed in 
    the August 23, 1994, final conditional approval (59 FR 43287).
    
    II. Conditional Approval Issue
    
        The Hamilton County SO2 SIP was conditionally approved by 
    USEPA because of an issue related to the air dispersion modeling 
    analysis submitted by Ohio to demonstrate that the revised SO2 SIP 
    limits would ensure attainment of the SO2 NAAQS in the Hamilton 
    County area. The State's modeled attainment demonstration is discussed 
    in detail in USEPA's 1994 proposed and final rulemaking actions. The 
    techniques used in the attainment demonstration were set forth in a 
    modeling protocol approved by USEPA. Because Hamilton County borders 
    Indiana and Kentucky, the attainment demonstration considered the air 
    quality impacts of SO2 sources in those States, as well as 
    SO2 sources in Ohio. During the development of the attainment 
    demonstration, a modeled violation was predicted near the Joseph E. 
    Seagram and Sons, Inc., (Seagram) facility in adjacent Dearborn County, 
    Indiana. The Seagram facility was determined to be the main contributor 
    to the modeled violation, but facilities located in Hamilton County 
    also contributed to the violation. Since the Ohio sources were 
    partially implicated in the Indiana violation, USEPA could not accept 
    Ohio's attainment demonstration until the predicted violation had been 
    addressed.
        A solution to the attainment problem involved a restriction on the 
    usage of sulfur-bearing fuels at the Seagram facility. Preliminary 
    modeling showed that when Seagram's Boilers 5 and 6 were not 
    simultaneously burning such sulfur-bearing fuels as coal or fuel oil, 
    the SO2 standards would not be violated. Seagram had, in fact, 
    been operating in this manner for several years. Seagram agreed, in a 
    September 1, 1992 letter to Ohio and Indiana, that it would not operate 
    the two boilers simultaneously on sulfur-bearing fuels without written 
    approval from both State Agencies (the Ohio Environmental Protection 
    Agency and the Indiana Department of Environmental Management). 
    However, because Seagram's letter did not create a federally 
    enforceable limitation, USEPA required that the State of Indiana adopt 
    the Seagram restriction and submit it to USEPA as a revision to the 
    Indiana SO2 SIP.
        On the basis of Seagram's September 1, 1992 commitment, Ohio 
    submitted supplementary modeling data to USEPA which demonstrated that 
    if the Seagram facility did not operate the two boilers simultaneously 
    on coal or fuel oil, the predicted SO2 NAAQS violation in Dearborn 
    County would be eliminated. USEPA has reviewed this modeling and 
    determined that it is acceptable. Because USEPA had determined that the 
    emission limits and control measures in the SO2 SIP revision for 
    Hamilton County would be enforceable and would provide for attainment 
    of the SO2 NAAQS, USEPA proposed to conditionally approve the 
    Hamilton County SO2 SIP while the State of Indiana proceeded with 
    the Seagram rulemaking.
        USEPA's proposal to conditionally approve the Hamilton County, Ohio 
    SIP revisions was published on January 27, 1994 (59 FR 3809). USEPA 
    finalized the conditional approval action on August 23, 1994 (59 FR 
    43287). USEPA indicated in the final conditional approval that the 
    Hamilton County, Ohio SIP revisions would be approved in full if 
    Indiana submitted a federally approvable SIP revision for Seagram by 
    September 23, 1995. It was anticipated that an approvable Indiana limit 
    would be formalized in the allotted time and as a result, the Ohio 
    revised rules would remain a part of the SIP.
        The USEPA notified the State of Indiana in a January 5, 1994, 
    letter that the Seagram limits must be incorporated into the Indiana 
    SO2 SIP. On August 25, 1995, Indiana submitted to USEPA a site-
    specific SO2 SIP revision request which provided that when 
    Seagram's Boilers 5 and 6 were being operated simultaneously, only one 
    boiler would use coal or fuel oil. USEPA published a direct final 
    approval of Indiana's SIP revision for Seagram on February 9, 1996 (61 
    FR 4897). Therefore, USEPA is now able to fully accept Ohio's modeled 
    attainment demonstration and finalize the Hamilton County SO2 SIP 
    approval. (Adverse or critical comments received on the Seagram SIP 
    revision may affect the effective date of approval of the Hamilton 
    County, Ohio SO2 SIP.)
    
    III. Final Rulemaking Action
    
        The USEPA is approving Ohio's October 16, 1991, and March 17, 1993, 
    Hamilton County SO2 SIP revisions because the approval condition 
    cited in the Federal Register on August 23, 1994 (59 FR 43287) has been 
    satisfied. The State of Indiana submitted acceptable SO2 SIP 
    revisions, as required, and USEPA approved them in a direct final 
    action on February 9, 1996 (61 FR 4897). As indicated in the August 23, 
    1994, conditional approval, the USEPA has determined that the Ohio 
    SO2 SIP revisions for Hamilton County satisfy section 110(A)(2) of 
    the Clean Air Act and are fully approvable at this time. It is 
    important to note that if USEPA receives adverse or critical comments 
    on the SO2 SIP revision for Seagram, the receipt of such comments 
    may affect the effective date of USEPA's approval of the Hamilton 
    County, Ohio SO2 SIP.
        The USEPA is publishing this action without prior proposal because 
    USEPA views this action as a noncontroversial revision and anticipates 
    no adverse comments. However, the rulemaking will not be deemed final 
    if timely unaddressed adverse or critical
    
    [[Page 24459]]
    
    comments are filed. The ``direct final'' approval shall be effective on 
    July 15, 1996, unless USEPA receives such adverse or critical comments 
    by June 14, 1996. The USEPA is now soliciting public comments on this 
    action. Any parties interested in commenting on this action should do 
    so at this time. In the proposed rules section of this Federal 
    Register, USEPA is publishing a separate document which constitutes a 
    ``proposed approval'' of the requested SIP revision. If warranted by 
    comments adverse to or critical of the approval discussed above, which 
    have not been addressed by the State or USEPA, USEPA will publish a 
    Federal Register document which withdraws the final action. The USEPA 
    will then address public comments received in a subsequent rulemaking 
    document based on the proposed approval.
        Nothing in this action should be construed as permitting, allowing 
    or establishing a precedent for any future request for revision to any 
    SIP. The USEPA shall consider each request for revision to the SIP in 
    light of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
        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 Nichols, Assistant Administrator 
    for Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from Executive Order 12866 review.
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. (5 U.S.C. 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 
    Clean Air 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, I certify 
    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 Clean Air Act, preparation of a regulatory flexibility 
    analysis would constitute Federal inquiry into the economic 
    reasonableness of the State action. The Clean Air Act forbids USEPA to 
    base its actions concerning SIPs on such grounds.Union Electric Co. v. 
    USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
        Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
    Mandates Act''), signed into law on March 22, 1995, requires that the 
    USEPA prepare a budgetary impact statement before promulgating a rule 
    that includes a Federal mandate that may result in expenditure by 
    State, local, and tribal governments, in aggregate, or by the private 
    sector, of $100 million or more in any one year. Section 203 requires 
    the USEPA to establish a plan for obtaining input from and informing, 
    educating, and advising any small governments that may be significantly 
    or uniquely affected by the rule.
        Under section 205 of the Unfunded Mandates Act, the USEPA must 
    identify and consider a reasonable number of regulatory alternatives 
    before promulgating a rule for which a budgetary impact statement must 
    be prepared. The USEPA must select from those alternatives the least 
    costly, most cost-effective, or least burdensome alternative that 
    achieves the objectives of the rule, unless the USEPA explains why this 
    alternative is not selected or the selection of this alternative is 
    inconsistent with law.
        This rule only approves the incorporation of existing state rules 
    into the SIP. It imposes no additional requirements. Because this final 
    rule is estimated to result in the expenditure by State, local, and 
    tribal governments or the private sector of less then $100 million in 
    any one year, the USEPA has not prepared a budgetary impact statement 
    or specifically addressed the selection of the least costly, most cost-
    effective, or least burdensome alternative. Because small governments 
    will not be significantly or uniquely affected by this rule, the USEPA 
    is not required to develop a plan with regard to small governments.
        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 July 15, 1996. 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, Sulfur oxides.
    
        Note: Incorporation by reference of the State Implementation 
    Plan for the State of Ohio was approved by the Director of the 
    Federal Register on July 1, 1982.
    
        Dated: February 14, 1996.
    David A. Ullrich,
    Acting Regional Administrator.
    
        For the reasons set forth in the preamble 40 CFR part 52 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)(92) to read 
    as follows:
    
    
    Sec. 52.1870   Identification of plan.
    
    * * * * *
        (c) * * *
        (92) On October 16, 1991, and March 17, 1993, the Ohio 
    Environmental Protection Agency (OEPA) submitted revisions to the State 
    Implementation Plan for sulfur dioxide for sources in Hamilton County, 
    Ohio.
        (i) Incorporation by reference.
        (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates 
    and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); 
    (B)(7)(b); (C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); 
    dated October 11, 1991, and effective on October 31, 1991.
        (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement 
    methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); 
    (E)(5); (E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 
    11, 1991, and effective on October 31, 1991.
        (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county 
    emission limits, dated February 22, 1993, and effective on March 10, 
    1993.
        (D) Director's Final Findings and Order for Cincinnati Gas and 
    Electric Company, Miami Fort Station, dated February 22, 1993.
    * * * * *
        3. Section 52.1919 is revised to read as follows.
    
    [[Page 24460]]
    
    Sec. 52.1919   Identification of plan-conditional approval.
    
        (a) The plan commitments listed below were submitted on the dates 
    specified.
        (1) [Reserved]
        (2) On April 20, 1994, Ohio submitted Rule 3745-35-07, entitled 
    ``Federally Enforceable Limitations on Potential to Emit,'' and 
    requested authority to issue such limitations as conditions in State 
    operating permits. On June 16, 1994, Ohio submitted a commitment to 
    revise Rule 3745-35-07 to clarify that the rule provides for USEPA 
    objection to permits after issuance. The revisions are approved 
    provided Ohio fulfills this commitment by October 25, 1995.
        (i) Incorporation by reference.
        (A) Rule 3745-35-07, adopted April 4, 1994, effective April 20, 
    1994.
        (b) (Reserved)
    
    [FR Doc. 96-12119 Filed 5-14-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
7/15/1996
Published:
05/15/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-12119
Dates:
This action will be effective on July 15, 1996 unless adverse or
Pages:
24457-24460 (4 pages)
Docket Numbers:
OH16-3-7264a, FRL-5439-4
PDF File:
96-12119.pdf
CFR: (2)
40 CFR 52.1870
40 CFR 52.1919