94-22526. Approval and Promulgation of Implementation Plans; Ohio  

  • [Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-22526]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 13, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [OH57-2-6367; FRL-5054-5]
    
     
    
    Approval and Promulgation of Implementation Plans; Ohio
    
    AGENCY: U.S. Environmental Protection Agency (USEPA).
    
    ACTION: Final rule.
    
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    SUMMARY: The USEPA is partially approving and partially disapproving a 
    requested revision to the Ohio State Implementation Plan (SIP) for 
    particulate matter (PM) and nitrogen oxides (NOx) for sources 
    within specified source categories that require continuous emissions 
    monitoring (CEM) and reporting. The revision request consists of CEM 
    requirements contained in operating permits. USEPA is disapproving the 
    CEM requirements contained in expired permits and approving the CEM 
    requirements that are contained in unexpired permits. Additionally, 
    there are no NOx sources in the specified category. Therefore, 
    USEPA is also approving Ohio's negative declaration for NOx 
    sources.
        USEPA's action is based upon a revision request which was submitted 
    by the State to satisfy the requirements of the Clean Air Act.
    
    EFFECTIVE DATE: This final rule becomes effective on October 13, 1994.
    
    ADDRESSES: Copies of the SIP revision request, public comments on the 
    rulemaking and other materials relating to this rulemaking are 
    available for inspection at the following address: (It is recommended 
    that you telephone Maggie Greene, at (312) 886-6088, before visiting 
    the Region 5 Office.) United States Environmental Protection Agency, 
    Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AE-
    17J), Chicago, Illinois 60604.
        A copy of this requested revision to the Ohio SIP is also available 
    for inspection at the following address: Office of Air and Radiation 
    (OAR), Docket and Information Center (Air Docket 6102), room M1500, 
    United States Environmental Protection Agency, 401 M Street, SW., 
    Washington, DC 20460.
    
    FOR FURTHER INFORMATION CONTACT: Maggie Greene, Air Enforcement Branch, 
    Regulation Development Section (AE-17J), United States Environmental 
    Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6088.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Summary of State Submittal
    
        On January 5, 1987, the Ohio Environmental Protection Agency (OEPA) 
    submitted to the USEPA a request for a revision to the Ohio SIP for 
    particulate matter and nitrogen oxides for sources within specified 
    source categories that require continuous emissions monitoring (CEM) 
    and reporting. The revision request consisted of CEM requirements 
    contained in operating permits for 116 associated sources at 37 
    facilities.
        The revision was submitted to satisfy the requirements of section 
    110(a)(2)(F)(i), (ii) and (iii) of the Clean Air Act and the specific 
    provisions described in 40 CFR part 51, appendix P. Section 
    110(a)(2)(F) provides that the SIP must require the installation of 
    equipment to monitor emissions from stationary sources, periodic 
    reporting of such emissions and correlation of such reports with any 
    emission limitations established in the SIP for source categories 
    identified in 40 CFR part 51, appendix P.
        The source categories and the respective monitoring requirements 
    identified in 40 CFR part 51, appendix P are listed below:
    
    1. Fossil fuel-fired steam generators. This category shall be 
    monitored for opacity, nitrogen oxide emissions, sulfur dioxide 
    emissions, and oxygen or carbon dioxide.
    2. Fluid bed catalytic cracking unit catalyst regenerators. This 
    category shall be monitored for opacity.
    3. Sulfuric acid plants. This category shall be monitored for sulfur 
    dioxide emissions.
    4. Nitric acid plants with greater than 300 tons per day production 
    capacity shall be monitored for nitrogen oxide emissions.
    
        On March 11, 1994, the USEPA published a rulemaking action in the 
    Federal Register (59 FR 11569) proposing to disapprove the requested 
    revision because the CEM requirements were contained in expired permits 
    and were no longer enforceable. USEPA stated in the proposed rulemaking 
    action that if the OEPA submitted up-to-date permits containing 
    approvable CEM requirements for the facilities covered by the revision, 
    USEPA would approve the revision request through the effective dates of 
    such permits.
        On April 11, 1994, the OEPA submitted a new revision request to 
    USEPA in response to the March 11, 1994 proposed rulemaking, along with 
    its comments on the rulemaking. Comments were also received from Dayton 
    Power and Light Company (DP&L), and Fuller & Henry on behalf of the 
    Environmental Committee of the Ohio Electric Utility Institute and the 
    following member companies: Buckeye Power, Inc., Columbus Southern 
    Power Company, Dayton Power and Light Company, Ohio Edison Company, 
    Ohio Power Company, Ohio Valley Electric Corporation, The Cleveland 
    Electric Illuminating Company, The Cincinnati Gas & Electric Company, 
    and The Toledo Edison Company (Ohio Utilities).
    
    II. Public Comments and USEPA Responses
    
        USEPA's evaluation of the comments is summarized below.
        OEPA Comment: On May 5, 1987, USEPA approved Ohio EPA's SIP 
    revision based on permits to operate which incorporated the appendix P 
    sulfur dioxide monitoring requirements for Coulton Chemical Plant in 
    Toledo, Ohio and the E. I. duPont de Nemours and Company facility in 
    Miami, Ohio that were issued on January 3, and March 25, 1986, 
    respectively.
        USEPA Response: This rulemaking action involves CEM requirements 
    for particulate matter and nitrogen oxide emissions. As stated in the 
    proposed rulemaking action, this revision request does not apply to the 
    monitoring of sulfur dioxide emissions at fossil fuel-fired steam 
    generators and sulfuric acid plants. The sulfur dioxide CEM 
    requirements for the above facilities were discussed in a separate 
    Federal Register rulemaking (54 FR 1693), dated January 17, 1989.
        OEPA Comment: Failure on the part of USEPA to act on the opacity 
    monitoring provisions of the SIP in a timely manner has adversely 
    affected the State since it is required to resubmit additional 
    documentation and be subject to changes in USEPA policy.
        USEPA Response: This Agency is limited to taking action on the 
    revision request that has been formally submitted to it, and has no 
    choice except to disapprove CEM, recording, and reporting requirements 
    contained in unenforceable expired permits.
        OEPA Comment: As late as April 8, 1994, Ohio EPA staff has been 
    told that even if OEPA filed the required information in accordance 
    with the March 11, 1994 Federal Register, the SIP submittal may not be 
    approvable.
        USEPA Response: This comment seems to be the result of a 
    misconception on the part of OEPA. USEPA stated in the March 11, 1994 
    Federal Register that if the OEPA submitted up-to-date permits, 
    containing approvable CEM requirements, the USEPA would then approve 
    the revision request in the final rulemaking action. In an April 5, 
    1994, discussion regarding furnishing OEPA example CEM rule language, 
    it was mentioned that USEPA was exploring the possibility of 
    conditionally approving the SIP revision request in the final action. 
    It was further stated that conditionally approving the revision might 
    not be possible and the issue would be discussed further with OEPA. No 
    statement was made that the revision might not be approved if up-to-
    date permits were submitted to USEPA.
        Ohio Utilities Comment: The Ohio Utilities' stated concern with 
    USEPA's proposed disapproval action is OEPA's proposed incorporation of 
    the CEM program into Ohio's SIP on a permit-by-permit basis. This 
    method of adopting approvable CEM requirements creates an unnecessary 
    burden on Ohio EPA and the regulated community, fails to recognize the 
    flexibility needed to operate a successful CEM program, and does not 
    allow for due process as in the case of rulemaking. USEPA should 
    instead require Ohio EPA to go through rulemaking procedures and adopt 
    40 CFR part 51, appendix P to satisfy CEM requirements.
        The Ohio Utilities also expressed concern that permit specific CEM 
    requirements place unnecessary burdens on OEPA and the regulated 
    community and that there is little or no opportunity for public 
    comment.
        USEPA Response: The USEPA has requested that the OEPA go through 
    rulemaking procedures and adopt the CEM requirements in 40 CFR part 51, 
    appendix P by revising language in existing Ohio Administrative Code 
    rules or by adopting new rules. OEPA's promulgation of rules will 
    resolve the problems associated with incorporating the CEM requirements 
    into the SIP on a permit-by-permit basis. The rules would require that 
    all sources in a category listed in 40 CFR part 51, appendix P install, 
    calibrate, maintain and operate equipment for continuously monitoring, 
    recording and reporting emissions in accordance with appendix P's 
    minimum monitoring requirements. Section 119.03 of the Ohio Revised 
    Code requires OEPA to provide public notice and hold a public hearing 
    when rules are adopted, amended or rescinded. Written or oral comments 
    may be presented at the public hearing. The rules would then be 
    submitted to the USEPA as a SIP revision request. Thus, all interested 
    parties would have an opportunity to comment before the revision to the 
    SIP becomes final.
        Ohio Utilities Comment: The Ohio Utilities expressed concern about 
    the fact that circumstances at a facility may change requiring a change 
    in the CEM monitoring requirements and the facility would have to 
    follow existing permit requirements, even though inapplicable, until 
    OEPA revises the SIP. Additionally, Ohio Utilities expressed concern 
    that the OEPA may have erroneously incorporated CEM requirements into 
    permits for sources not covered by appendix P.
        USEPA Response: The USEPA understands the concerns of the Ohio 
    Utilities. Instead of incorporating CEM requirements on a permit-by-
    permit basis, USEPA has requested that the OEPA revise existing rules 
    or adopt new rules to incorporate the CEM requirements, for specified 
    source categories, into the Ohio SIP. Any revised rules adopted by the 
    State to establish its CEM program must meet all of the requirements of 
    section 110(a)(2)(F)(i), (ii) and (iii) of the Clean Air Act and the 
    specific provisions contained in 40 CFR part 51, appendix P. As to the 
    point regarding erroneous incorporation of CEM requirements into 
    permits, it is not clear to USEPA which sources are being referred to 
    by the Ohio Utilities. However, before the new rules are incorporated 
    in the Ohio SIP, the regulated community will be given an opportunity 
    to comment regarding the appropriateness of CEM requirements being 
    applied to sources. Also, see USEPA's response below that addresses 
    concerns about CEM requirements for two facilities. Adherence to the 
    State and the Federal administrative procedure acts will ensure that 
    the regulated community is afforded the due process associated with 
    rulemaking actions. The CEM requirements being approved by this 
    rulemaking action will be effective through the expiration date of the 
    permits.
        Dayton Power and Light Company (DP&L) Comment: DP&L objects to 
    USEPA including and/or identifying DP&L's Longworth andHutchings 
    Stations as being required to comply with the requirements of appendix 
    P.
        USEPA Response: The OEPA submitted a SIP revision request, 
    consisting of Permits to Operate to USEPA on January 5, 1987, and 
    requested that USEPA rulemake only on those portions of the permits 
    pertaining to the CEM requirements. The Longworth Station, Application 
    No. 0857040016 B004, was identified in OEPA's January 5, 1987, 
    submittal as a fossil fuel-fired steam generator with greater than 250 
    million BTU per hour heat input that requires CEM. The Permit to 
    Operate for Longworth Station, Application Number 0857040016 B004 in 
    OEPA's April 11, 1994, revised submittal does not contain CEM 
    requirements, but instead provides for visible emission readings. 
    Therefore, USEPA is not rulemaking on the Longworth Station Permit to 
    Operate.
        DP&L Comment: DP&L's Hutchings Station has demonstrated to the 
    State that it has an annual average capacity factor of less than 30 
    percent for its boilers and, pursuant to 40 CFR part 51, appendix P, 
    paragraph 2.1 is not subject to CEM requirements. Because of the low 
    annual average capacity factor, neither Ohio EPA nor the Regional Air 
    Pollution Control Agency have required Hutchings Station to install 
    opacity monitors.
        USEPA Response: 40 CFR part 51, appendix P, paragraph 2.1 requires 
    CEM for fossil fuel-fired steam generators with an annual average 
    capacity factor of greater than 30 percent as reported to the Federal 
    Power Commission, or as otherwise demonstrated to the State by the 
    owner or operator. The Special Terms and Conditions contained in the 
    Permits to Operate submitted to USEPA by OEPA on April 11, 1994 for 
    DP&L, Hutchings Station, Application Numbers 0857780013 B001 through 
    0857780013 B006, require that Hutchings Station undergo an annual 
    review to determine if continuous opacity monitors must be installed. 
    As requested by OEPA, USEPA is rulemaking only on the portions of the 
    permits that contain CEM requirements. Therefore, USEPA is not 
    rulemaking on the DP&L, Hutchings Station, Permits to Operate.
        DP&L Comment: DP&L expressed its concern about the CEM requirements 
    being approved only through the effective dates of the permits and 
    about the fact that the OEPA has not adopted rules to incorporate the 
    CEM program requirements into the Ohio SIP.
        USEPA Response: As stated previously in USEPA's response to the 
    Ohio Utilities comment, USEPA has requested that OEPA adopt new or 
    revised rules for incorporating the CEM requirements of 40 CFR part 51, 
    appendix P into the Ohio SIP. As to the limited duration of the 
    approval, CEM plans are required by 40 CFR 51.214 to contain legally 
    enforceable procedures for requiring stationary sources listed in 40 
    CFR part 51, appendix P, to install and operate CEM equipment. In this 
    instance, USEPA can only approve the CEM requirements through the 
    effective date of the permits, because expired permits are not legally 
    enforceable and would, therefore, not meet the requirements of 40 CFR 
    part 52, appendix P.
    
    III. Rulemaking Action
    
        USEPA is approving the CEM requirements through the expiration 
    dates of the up-to-date Permits to Operate and disapproving the CEM 
    requirements as to permits that have expired. CEM recording and 
    reporting requirements are approved for sources at the following 
    facilities:
    
    Cincinnati Gas and Electric (CG&E) Company-W. C. Beckjord Station
    CG&E Miami Fort Station
    Cleveland Electric Illuminating (CEI) Company (Centerior Energy) 
    Ashtabula Plant ``C''
    CEI Lakeshore Plant
    Columbus Southern Power Company (CSPC)-Conesville Station
    Dayton Power and Light (DP&L) Company-J. M. Stuart Station
    Ohio Edison (OE), R.E. Burger Plant
    OE Toronto Plant
    OE W. H. Sammis Plant
    OE Edgewater Station
    Ohio Power (OP) Company-Gavin Plant
    OP Cardinal Operating Company
    OP Buckeye Power, Inc.
    OP Muskingum River Plant
    Orrville Municipal Power Plant
    Piqua Municipal Power Plant
    American Municipal Power-Ohio, Inc.
    Procter and Gamble Company
    Champion International, Hamilton Mill
    British Petroleum Oil Company-Toledo Refinery
    Ashland Petroleum
    
        Nitric acid plants of greater than 300 tons per day production 
    capacity must be monitored for nitrogen oxides. The State of Ohio does 
    not have any nitric acid plants that exceed the 300 ton per day 
    production capacity. Therefore, USEPA is approving the State of Ohio's 
    negative declaration for nitrogen oxide emissions at applicable nitric 
    acid plants.
        USEPA is disapproving the CEM requirements contained in expired 
    permits for the following sources:
    
    Cincinnati Gas and Electric Company, W. C. Beckjord Station, 
    Application Nos. 1413100008 B001 and 1413100008 B04.
    Cleveland Electric Illuminating (CEI) Company, Ashtabula, 
    Application Nos. 0204000211 B002 and 0204000211 B004.
    CEI Ashtabula A and B Plant, Application No. 0204010000 B008.
    CEI Avon Lake Plant, Application Nos. 0247030013 B010 through 
    0247030013 B012, and Application No. 02470300013 B014.
    CEI Eastlake Plant, Application Nos. 0243160009 B001 through 
    0243160009 B005.
    Columbus Southern Power, Picway Station, Application No. 0165000006 
    B004.
    Ohio Edison, Niles Station, Application Nos. 0278060023 B001 and 
    0278060023 B002.
    Ohio Edison, W. H. Sammis Plant, Application No. 1741160017 B011 and 
    1741160017 B012.
    Mead Corporation, Application Nos. 0671010028B001 B001 through 
    0671010028 B003.
    Toledo Edison (TE) Company, Acme Station, Application Nos. 
    0448010086 B005 through 0448010086 B010.
    TE, Bay Shore Station, Application Nos. 0448020006 B001 through 
    0448020006 B004.
    American Municipal Power-Ohio, Inc., Application No. 0684020038 
    B004.
    Goodyear Tire & Rubber Company, Application Nos. 1677010192 B001 and 
    1677010192 B002.
    Procter and Gamble Company, Application No. 1431390903 B021.
    Champion Intenational, Hamilton Mill-Champion Papers, Application 
    No. 1409040212 B020.
    British Petroleum Oil Company, Lima Refinery, Application No. 
    0302020012 P010.
    Hamilton Municipal Elecric Plant, Application No. 1409040243 B008.
    
        Nothing in this action should be construed as permitting, allowing 
    or establishing a precedent for any future request for revision to any 
    SIP. 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 2 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
    memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
    Air and Radiation. A future document will inform the general public of 
    these tables. On January 6, 1989, the Office of Management and Budget 
    (OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the 
    requirements of section 3 of Executive Order 12291 for 2 years. The 
    USEPA has submitted a request for a permanent waiver for Table 2 and 
    Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
    such time as it rules on USEPA's request. This request continues in 
    effect under Executive Order 12866, which superseded Executive Order 
    12291 on September 30, 1993. 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 CAA 
    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 CAA, 
    preparation of a regulatory flexibility analysis would constitute 
    Federal inquiry into the economic reasonableness of State action. The 
    CAA forbids USEPA to base its actions concerning SIPS on such grounds. 
    Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 
    42 U.S.C. 7410(a)(2).
        USEPA's disapproval of a portion of the State request under section 
    110 and subchapter I, part D of the CAA does not affect any existing 
    requirements applicable to small entities. Any pre-existing Federal 
    requirements remain in place after this disapproval. Federal 
    disapproval of the State submittal does not affect its State-
    enforceability. Moreover, USEPA's disapproval of a portion of the 
    submittal does not impose any new Federal requirements. Therefore, 
    USEPA certifies that this action does not have a significant impact on 
    a substantial number of small entities because it does not remove 
    existing requirements nor does it impose any new Federal requirements.
        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 November 14, 1994. 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, Intergovernmental relations, Nitrogen dioxide, Particulate 
    matter, Reporting and recordkeeping requirements.
    
        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: August 8, 1994.
    David A. Ullrich,
    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)(88) to read 
    as follows:
    
    
    Sec. 52.1870  Identification of plan.
    
    * * * * *
        (c) * * *
        (88) On April 11, 1994, the Ohio Environmental Protection Agency 
    submitted a request for a revision to the Ohio State Implementation 
    Plan for particulate matter and nitrogen oxides for specified source 
    categories that require continuous emissions monitoring, recording, and 
    reporting.
        (i) Incorporation by reference.
        (A) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 1413100008 B002 and 1413100008 B005 for 
    Cincinnati Gas and Electric (CG&E) Company, W. C. Beckjord Station. The 
    dates of issuance are July 16, 1992. These permits are approved through 
    the expiration date of July 15, 1995.
        (B) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 1413100008 B003 and 1413100008 B006 for 
    Cincinnati Gas and Electric Company, W. C. Beckjord Station. The dates 
    of issuance are November 13, 1992. These permits are approved through 
    the expiration date of November 12, 1995.
        (C) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 1431350093 B005 and 1431350093 B006 for 
    Cincinnati Gas and Electric Company, Miami Fort. The dates of issuance 
    are September 3, 1993. These permits are approved through the 
    expiration date of September 1, 1996.
        (D) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1431350093 B007 for Cincinnati Gas and 
    Electric Company, Miami Fort. The date of issuance is November 19, 
    1993. This permit is approved through the expiration date of November 
    18, 1996.
        (E) Special Terms and Conditions No. 3 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0204000211 B001 and 0204000211 B003 for 
    Cleveland Electric Illuminating Company, Ashtabula Plant ``C''. The 
    dates of issuance are April 24, 1992. These permits are approved 
    through the expiration date of April 23, 1995.
        (F) Special Terms and Conditions No. 6 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1318000245 B006 for Cleveland Electric 
    Illuminating Company, Lakeshore Plant. The date of issuance is December 
    7, 1993. This permit is approved through the expiration date of 
    December 6, 1996.
        (G) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0616000000 B004 for Columbus Southern Power 
    Company, Conesville Station. The date of issuance is December 4, 1992. 
    This permit is approved through the expiration date of December 3, 
    1995.
        (H) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0616000000 B001 and 0616000000 B002 for 
    Columbus Southern Power Company, Conesville Station. The dates of 
    issuance are June 22, 1993. These permits are approved through the 
    expiration date of June 21, 1996.
        (I) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0616000000 B003 for Columbus Southern Power 
    Company, Conesville Station. The date of issuance is June 29, 1993. 
    This permit is approved through the expiration date of June 28, 1996.
        (J) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0701000007 B001 through 0701000007 B004 for 
    Dayton Power and Light Company, J. M. Stuart Station. The dates of 
    issuance are July 6, 1993. These permits are approved through the 
    expiration date of July 5, 1996.
        (K) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1707130015 B005 for Ohio Edison Company, R. 
    E. Burger Plant. The date of issuance is July 30, 1993. This permit is 
    approved through the expiration date of July 29, 1996.
        (L) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 1707130015 B006 through 1707130015 B008, 
    and Application Numbers 1707130015 B011 and B012 for Ohio Edison 
    Company, R. E. Burger Plant. The dates of issuance are August 3, 1993. 
    These permits are approved through the expiration date of August 2, 
    1996.
        (M) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 1707130015 B009 and 1707130015 B010 for 
    Ohio Edison Company, R. E. Burger Plant. The dates of issuance are 
    October 8, 1993. These permits are approved through the expiration date 
    of October 7, 1996.
        (N) Special Terms and Conditions No. 6 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741180018 B001 for Ohio Edison Company, 
    Toronto Plant. The date of issuance is March 5, 1993. This permit is 
    approved through the expiration date of March 4, 1996.
        (O) Special Terms and Conditions No. 6 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741180018 B001 for Ohio Edison Company, 
    Toronto Plant. The date of issuance is March 5, 1993. This permit is 
    approved through the expiration date of March 4, 1996.
        (P) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741180018 B002 for Ohio Edison Company, 
    Toronto Plant. The date of issuance is October 15, 1993. This permit is 
    approved through the expiration date of October 24, 1996.
        (Q) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741180018 B003 for Ohio Edison Company, 
    Toronto Plant. The date of issuance is November 23, 1992. This permit 
    is approved through the expiration date of November 22, 1995.
        (R) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 1741160017 B007 and B008, 1741160017 B010 
    and 1741160017 B013 for Ohio Edison Company, Sammis Plant. The dates of 
    issuance are March 10, 1993. These permits are approved through the 
    expiration date of March 9, 1996.
        (S) Special Terms and Conditions No. 3 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741160017 B009 for Ohio Edison Company, 
    Sammis Plant. The date of issuance is June 25, 1993. This permit is 
    approved through the expiration date of June 24, 1996.
        (T) Special Terms and Conditions No. 6 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0247080049 B003 for Ohio Edison Company, 
    Edgewater Plant. The date of issuance is February 25, 1994. This permit 
    is approved through the expiration date of February 25, 1997.
        (U) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0627010056 B003 and 0627010056 B004 for 
    Ohio Power Company, General James M. Gavin Plant. Thes date of issuance 
    are May 2, 1992. These permits are approved through the expiration date 
    of April 30, 1995.
        (V) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741050002 B001 for Ohio Power Company, 
    Cardinal Operating Company. The date of issuance is March 30, 1993. 
    This permit is approved through the expiration date of March 29, 1996.
        (W) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741050002 B002 for Ohio Power Company, 
    Cardinal Operating Company. The date of issuance is November 12, 1993. 
    This permit is approved through the expiration date of November 11, 
    1996.
        (X) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1741050129 B002 for Ohio Power Company, 
    Buckeye Power, Inc. The date of issuance is October 10, 1992. This 
    permit is approved through the expiration date of October 19, 1995.
        (Y) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0684000000 B002, 0684000000 B003, 
    0684000000 B004, and 0684000000 B005 for Ohio Power Company, Muskingum 
    River Plant. The dates of issuance are May 12, 1993. These permits are 
    approved through the expiration date of May 11, 1996.
        (Z) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0684000000 B006 for Ohio Power Company, 
    Muskingum River Plant. The date of issuance is April 20, 1993. This 
    permit is approved through the expiration date of April 19, 1996.
        (AA) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0285010188 B001 for Orrville Municipal Power 
    Plant. The date of issuance is November 13, 1991. This permit is 
    approved through the expiration date of November 14, 1994.
        (BB) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 028501018 B004 for Orrville Muniticpal Power 
    Plant. The date of issuance is January 22, 1993. This permit is 
    approved through the expiration date of January 21, 1996.
        (CC) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0855100041 B001 and 0855100041 B002 for 
    Piqua Municipal Power Plant. The dates of issuance are April 10, 1992. 
    These permits are approved through the expiration date of April 9, 
    1995.
        (DD) Special Terms and Conditions No. 5 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0855100041 B003 for Piqua Municipal Power 
    Plant. The date of issuance is April 12, 1993. This permit is approved 
    through the expiration date of April 11, 1996.
        (EE) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permits to Operate an Air Contaminant 
    Source, Application Numbers 0684020037 B001 and 0684020037 B003 for 
    American Municipal Power-Ohio, Inc. The dates of issuance are October 
    12, 1993. These permits are approved through the expiration date of 
    October 11, 1996.
        (FF) Special Terms and Conditions No. 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 0684020037 B002 for American Municipal 
    Power-Ohio, Inc. The date of issuance is November 30, 1993. This permit 
    is approved through the expiration date of November 29, 1996.
        (GG) Special Terms and Conditions No. 8 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Application Number 1431390903 B022 for Procter and Gamble 
    Company. The date of issuance is December 4, 1992. This permit is 
    approved through the expiration date of December 3, 1995.
        (HH) Special Terms and Conditions No. 6 of State of Ohio 
    Environmental Protection Agency Permit to Operate Number 1409040212 
    B010 for Champion International, Hamilton Mill. The date of issuance is 
    November 8, 1991. This permit is approved through the expiration date 
    of November 7, 1994.
        (II) Special Terms and Conditions Nos. 3 and 4 of State of Ohio 
    Environmental Protection Agency Permit to Operate an Air Contaminant 
    Source, Appplication Number 0448020007 P007 for BP Oil Company-Toledo 
    Refinery. The date of issuance is March 27, 1992. This permit is 
    approved through the expiration date of March 26, 1995.
        (JJ) Special Terms and Conditions No. 3 of State of Ohio 
    Environmental Protection Agency Permit to Operate Number an Air 
    Contaminant Source, Application Number 1576000301 P002 for Ashland 
    Petroleum Company. The date of issuance is January 21, 1993. This 
    permit is approved through the expiration date of January 21, 1996.
        (ii) Additional material.
        (A) Letter dated April 11, 1994 from Donald R. Schregardus, 
    Director, Ohio Environmental Protection Agency to Valdas V. Adamkus, 
    Regional Administrator, United States Environmental Protection Agency, 
    Region 5. The letter states that the public hearing for the SIP 
    revision which was held on November 13, 1986 included the negative 
    declaration regarding existing nitric acid plants (Section 2.2 of 
    Appendix P).
    * * * * *
    [FR Doc. 94-22526 Filed 9-12-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
10/13/1994
Published:
09/13/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-22526
Dates:
This final rule becomes effective on October 13, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 13, 1994, OH57-2-6367, FRL-5054-5
CFR: (1)
40 CFR 52.1870