[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18233]
[[Page Unknown]]
[Federal Register: July 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH63-1-6403a, OH64-1-6404a; FRL-5020-5]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The USEPA is approving, through ``direct final'' procedure,
two exemption requests from the requirements contained in Section
182(f) of the Clean Air Act (Act) for the Toledo and Dayton ozone
nonattainment areas in Ohio. These exemption requests, submitted by the
State of Ohio, are based upon the most recent three years of ambient
air monitoring data which demonstrate that the National Ambient Air
Quality Standard (NAAQS) for ozone has been attained in each of these
areas without additional reductions of nitrogen oxides (NOX).
Section 182(f) of the Act requires States with areas designated
nonattainment of the NAAQS for ozone, and classified as moderate
nonattainment and above, to adopt reasonably available control
technology (RACT) rules for major stationary sources of NOX and to
provide for nonattainment area new source review (NSR) for new sources
and modifications that are major for NOX. Section 182(f) provides
further that these requirements do not apply for areas outside an ozone
transport region if USEPA determines that additional reductions of
NOX would not contribute to attainment of the NAAQS for ozone in
the area.
EFFECTIVE DATE: This action will be effective August 25, 1994 unless
notice is received by August 10, 1994, that any person wishes to submit
adverse or critical comments. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: William MacDowell,
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
A copy of the exemption and redesignation requests are available
for inspection at the following location (it is recommended that you
contact Richard Schleyer at (312) 353-5089 before visiting the Region 5
office): United States Environmental Protection Agency, Region 5, Air
Enforcement Branch, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT:
Richard Schleyer, Regulation Development Section, Air Enforcement
Branch (AE-17J), Region 5, United States Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-
5089.
SUPPLEMENTARY INFORMATION:
I. Background
The air quality planning requirements for the reduction of NOX
emissions are set out in Section 182(f) of the Act. Section 182(f) of
the Act requires States with areas designated nonattainment of the
NAAQS for ozone, and classified as moderate nonattainment and above, to
impose the same control requirements for major stationary sources of
NOX as apply to major stationary sources of volatile organic
compounds (VOC). These requirements include the adoption of RACT rules
for major stationary sources and nonattainment area NSR for major new
sources and major modifications. Section 182(f) provides further that
these NOX requirements do not apply for areas outside an ozone
transport region if USEPA determines that additional reductions of
NOX would not contribute to attainment. Also, the NOX-related
general and transportation conformity provisions (see 58 FR 63214 and
58 FR 62188) would not apply in an area that is granted a Section
182(f) exemption. In an area that did not implement the Section 182(f)
NOX requirements, but did achieve attainment of the ozone
standard, as demonstrated by ambient air monitoring data (consistent
with 40 CFR part 58 and recorded in the USEPA's--Aerometric Information
Retrieval System (AIRS)), it is clear that the additional NOX
reductions required by Section 182(f) would not contribute to
attainment.
II. Criteria for Evaluation of Section 182(f) Exemption Requests
The criteria established for the evaluation of an exemption request
from the Section 182(f) requirements are set forth in a USEPA
memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, dated May 27, 1994, entitled ``Section 182(f) Nitrogen
Oxides (NOX) Exemptions--Revised Process and Criteria,'' and a
USEPA guidance document entitled ``Guideline for Determining the
Applicability of Nitrogen Oxides Requirements Under Section 182(f),''
dated December 1993, from USEPA, Office of Air Quality Planning and
Standards, Air Quality Management Division.
III. State Submittals
On September 20, 1993, and November 8, 1993, the State of Ohio
submitted to USEPA Region 5 requests to redesignate to attainment of
the NAAQS for ozone the Toledo (Lucas and Wood Counties) and Dayton
(Montgomery, Greene, Miami, and Clark Counties) ozone nonattainment
areas. These redesignation requests are currently under review and will
be evaluated in a separate rulemaking. Included as part of the
redesignation submittals were requests that the Toledo and Dayton ozone
nonattainment areas be exempt from the requirements contained in
Section 182(f) of the Act. These exemption requests are based upon the
most recent three years of ambient air monitoring data which
demonstrate that the NAAQS for ozone has been attained in each of these
areas without additional reductions of NOX (a violation of the
ozone NAAQS occurs when the average expected exceedances for any ozone
monitoring site in a three year period is greater than 1.0).
Two ozone exceedances were recorded in the Toledo area for the
period from 1991 to 1993: 306 N. Yondota--0.127 ppm (1991) and 0.126
ppm (1993); Friendship Park--0.136 ppm (1993). For this three year
period, the Toledo nonattainment area had an average of 0.73 expected
exceedances with a design value of 0.120 ppm.
The only ozone exceedance, 0.125 ppm (1993), in the Dayton area for
the period from 1991 to 1993 was recorded at the monitor located at
2100 Timberlane. For this three year period, the Dayton nonattainment
area had an average of 0.33 expected exceedances with a design value of
0.112 ppm. Thus, both areas are not currently recording violations of
the air quality standard for ozone.
A more detailed summary of the ozone monitoring data for both areas
is provided in the USEPA technical support document dated April 20,
1994.
IV. Analysis of State Submittals
USEPA has reviewed the ambient air monitoring data for ozone
(consistent with the requirements contained in 40 CFR part 58 and
recorded in AIRS) submitted by the State of Ohio in support of these
exemption requests, and has determined that a violation of the ozone
NAAQS has not occurred in the Toledo or Dayton nonattainment areas,
and, thus, the exemption requests for the Toledo and Dayton areas meet
the applicable requirements contained in the USEPA policy and guidance
documents referenced above.
V. NOX RACT Rules
Ohio was required to submit NOX RACT rules to USEPA for the
Toledo and Dayton ozone nonattainment areas by November 15, 1992. On
April 15, 1993, USEPA notified the Governor of Ohio of a finding that
the State failed to submit the required rules. The State is required to
submit complete rules to USEPA within 18 months of the date of the
finding in order to avoid the initiation of sanctions under Section
179(b) of the Act. Ohio is currently drafting NOX RACT rules for
the Toledo and Dayton nonattainment areas. These rules, when approved
by USEPA and adopted by the State, shall be suspended by the State for
the Toledo and Dayton areas upon the approval of the 182(f) exemption
requests. However, the State will be required to implement these rules
upon a monitored violation on the ozone NAAQS in the applicable area(s)
(please refer to Section VI of this Notice--Withdrawal of the
Exemptions) [The current draft of the NOX RACT rules (dated April
18, 1994) submitted by the State of Ohio does not include the provision
that the NOX RACT rules will be implemented upon a violation of
the ozone NAAQS. USEPA notified the State of Ohio that this provision
must be included in order for the NOX RACT rules to be
approvable.] Approval of the Section 182(f) exemption requests stops
the sanctions clock for non-submission of the NOX RACT rules for
the Toledo and Dayton areas as of the effective date of this notice.
VI. Withdrawal of the Exemptions
Continuation of the Section 182(f) exemptions granted herein is
contingent upon the continued monitoring and continued attainment and
maintenance of the ozone NAAQS in the affected areas. If a violation of
the ozone NAAQS is monitored in the Toledo or Dayton area(s)
(consistent with the requirements contained in 40 CFR part 58 and
recorded in AIRS) USEPA will provide notice in the Federal Register. A
determination that the NOX exemption no longer applies would mean
that the NOX NSR and general and transportation conformity
provisions would immediately be applicable (see 58 FR 63214 and 58 FR
62188) to the affected areas. While the NOX RACT requirements
would also be applicable, some reasonable period of notice time is
necessary to provide major stationary sources subject to the RACT
requirements time to purchase, install and operate any required
controls. Accordingly, the State may provide sources a reasonable time
period after such USEPA determination to meet the RACT emission limits.
USEPA expects such time period to be expeditious as practicable, but no
case longer than 24 months. If a nonattainment area is redesignated to
attainment of the ozone NAAQS, NOX RACT is to be implemented as
stated in the USEPA approved maintenance plan.
Additionally, as stated in the December 1993 USEPA guidance
document referenced above, an exemption from the requirements contained
in Section 182(f) would not be approved if there is evidence, such as
photochemical grid modeling, showing that the NOX exemption would
interfere with the attainment or maintenance of the ozone NAAQS in a
downwind area.
VII. Inspection and Maintenance (I/M) Programs
The I/M Program Final Rule (57 FR 52950) provides that if USEPA
determines that NOX emission reductions are not beneficial in a
given ozone nonattainment area, then the basic I/M NOX requirement
may be omitted from the I/M program and NOX emission reductions
are not required of an enhanced I/M program (but the program shall be
designed to offset NOX increases resulting from the repair of
hydrocarbon (HC) and carbon monoxide (CO) failures).
For the Toledo nonattainment area, a Basic I/M program is required.
This approval allows the basic I/M NOX requirement to be omitted
from the program. For the Dayton nonattainment area, the State has
adopted an Enhanced I/M program. Based on this approval, NOX
emission reductions are not required of this program (however, the
program shall be designed to offset NOX increases resulting from
the repair of HC and CO failures).
VIII. Final Action
USEPA is approving Ohio's requests to exempt the Toledo and Dayton
ozone nonattainment areas from the Section 182(f) NOX
requirements. This approval is based upon the evidence provided by the
State and the State's compliance with the requirements outlined in the
applicable USEPA guidance. This action exempts the Toledo and Dayton
areas from the requirements to implement NOX RACT requirements,
nonattainment area new source review for new sources and modifications
that are major for NOX, and the applicable general and
transportation conformity provisions for NOX. If a violation of
the ozone NAAQS occurs in the Toledo or Dayton area(s), the exemption
from the requirements of Section 182(f) of the Act in the applicable
area(s) shall no longer apply.
IX. Procedural Background
This action is being taken without prior proposal because the
changes are believed to be noncontroversial and USEPA anticipates no
significant comments on them. The public is advised that this action
will be effective August 25, 1994, unless notice is received by August
10, 1994, that someone wishes to submit adverse or critical comments.
If the EPA receives adverse comment, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule based on a proposed rule which is published in
the proposed rule section of this Federal Register. Section 182(f)(3)
of the Act provides that the exemption requests from the requirements
of Section 182(f) be granted or denied within six months after such
submittal. In view of this requirement, USEPA is reducing the time
period allocated for public comments and the effective date in order to
process the Section 182(f) exemption requests as expeditiously as
practicable (even though the six-month deadline has already been
exceeded).
X. Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. Sections 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.
Today's exemptions do not create any new requirements, but allow
suspension of the indicated requirements for the life of the
exemptions. Therefore, because the approval does not impose any new
requirements, I certify that it does not have a significant impact on
any small entities affected.
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 August 25, 1994. Filing a petition for
reconsideration by the Administrator of this 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 a rule. This
action may not be challenged later in proceedings to enforce its
requirements. Section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen oxides,
Ozone, Volatile organic compounds, Hydrocarbons, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated July 11, 1994.
Valdas V. Adamkus,
Regional Administrator.
Part 52, chapter 1, 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. 7401-7642.
Subpart KK--Ohio
2. Section 52.1879 is amended by adding a new paragraph (f) to read
as follows:
Sec. 52.1879 Review of new sources and modifications.
* * * * *
(f) Approval--USEPA is approving two exemption requests submitted
by the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts these areas from implementing
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NOX), nonattainment area new source review for
new sources and modifications that are major for NOX, and the
NOX related requirements of general and transportation conformity
provisions. If a violation of the ozone NAAQS occurs in the Toledo or
Dayton area(s), the exemptions from the requirements of Section 182(f)
of the Act in the applicable area(s) shall no longer apply.
3. Section 52.1885 is amended by adding a new paragraph (r) to read
as follows:
Sec. 52.1885 Control Strategy: Ozone.
* * * * *
(r) Approval--USEPA is approving two exemption requests submitted
by the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts these areas from implementing
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NOX), nonattainment area new source review for
new sources and modifications that are major for NOX, and the
NOX related requirements of general and transportation conformity
provisions. If a violation of the ozone NAAQS occurs in the Toledo or
Dayton area(s), the exemptions from the requirements of Section 182(f)
of the Act in the applicable area(s) shall not apply.
[FR Doc. 94-18233 Filed 7-25-94; 8:45 am]
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