[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Rules and Regulations]
[Pages 49440-49442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25105]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH108-1a; FRL-5894-3]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves a State implementation plan (SIP) revision
submitted by the State of Ohio on January 3, 1997, which changed the
sulfur dioxide limits for the Procter and Gamble Company, Hamilton
County, in Ohio Administrative Code (OAC) 3745-18-37. The revised
limits provide an actual heat input cap of 922 million British thermal
units (BTU) per hour on the combination of all of the Procter and
Gamble Company boilers identified in OAC 3745-18-37(GG), to allow for
simultaneous operation.
DATES: The direct final approval is effective on November 21, 1997
unless significant adverse or critical comments which have not been
previously addressed are received by October 22, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the revision request are available for inspection
at the following address: U.S. Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. (It is recommended that you telephone John Paskevicz at
(312) 886-6084 before visiting the Region 5 office.)
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.
FOR FURTHER INFORMATION CONTACT: John Paskevicz at (312) 886-6084.
SUPPLEMENTARY INFORMATION:
I. Background
On May 15, 1996, the EPA published a SIP revision completing the
approval of the Hamilton County, Ohio sulfur dioxide (SO2)
implementation plan. This plan was approved because it was demonstrated
to provide for attainment and maintenance of the SO2
national ambient air quality standard in Hamilton County. The plan
included all major SO2 sources in the County and listed out
each of the appropriate operating parameters in OAC 3745-18-37, as
needed to assure attainment and maintenance of the NAAQS as estimated
using a rough terrain dispersion model.
On January 3, 1997, Ohio EPA submitted for approval a revision to
the Hamilton County SO2 SIP requesting changes to OAC 3745-
18-37(GG), for the air emission sources owned and operated by Procter
and Gamble Company. This revision was requested because the original
SIP for Procter and Gamble did not provide for the simultaneous
operation of the main power boilers while backup boilers are brought on
line. The original SIP did not allow for flexibility in operation in
the event the main power boilers need to be shut down for maintenance,
repaired or operated simultaneously.
The four Procter and Gamble boilers are listed in the documentation
to the SIP submittal as having a total maximum heat input capacity of
1098 million BTU/hour. Boiler numbers 1 and 2 are limited to emissions
of a maximum of 1.1 pounds of SO2 per million BTU from each
boiler. Boiler number 3 is limited to emissions of a maximum of 1.50
pounds of SO2 per million BTU actual heat input and average
operating rate of 277 million BTU per hour for any calendar day. And
boiler number 4 is limited to emissions of a maximum of 2.0 pounds of
SO2 per million BTU using an average operating rate of 450
million BTU per hour for any calendar day.
II. Review of State Submittal
In this submittal, Ohio requests a revision to OAC 3745-18-37(GG)
Procter and Gamble sulfur dioxide limits. The revision changes the
limits to allow for simultaneous operation of all of the boilers. The
submittal provides technical support and includes some of the same
material provided for the Hamilton County SIP review submitted in 1993.
In the previous review of the Hamilton County SO2 SIP,
Ohio looked at each of the four boilers at Procter and Gamble
individually and made judgments regarding impact at full load of fuel
sulfur content on air quality concentrations. Ohio concluded that the
two backup boilers could not operate on oil when the main power
boilers, using coal, were in operation. Therefore, the backup boilers
were not allowed to emit SO2 and were given a 0.0 pounds of
SO2 per million BTU limit when the main boilers were
operating, as presumed, at full load.
In developing this new revision, the approach was to develop a
limit for boiler operation in a worst case situation by operating all
boilers at the maximum level. The backup boilers with short stacks were
operated fully on and then the main boilers, with taller stacks, were
brought on. From the State's analysis, Ohio established an allowable
cap for all four boilers, based on a concentration to capacity ratio to
an operating rate of 922 million BTU per hour daily average. Thus, when
in operation, boilers number 1 and 2 are to be limited to a maximum of
1.1 pounds of SO2 per million BTU actual heat input from
each boiler; Boiler number 3 is to be limited to a maximum of 1.50
pounds of SO2 per million BTU actual heat input at an
average operating rate
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of 277 million BTU per hour; Boiler number 4 is to be limited to a
maximum of 2.0 pounds of SO2 per million BTU actual heat
input at an average operating rate of 450 million BTU per hour.
In addition, boiler number 4 shall use a stack no lower than 213
feet above ground level.
As a result of its analysis of Procter and Gamble's emissions, Ohio
believes that by capping the limit for all four boilers in any
combination of rate configurations, to 922 million BTU per hour the
result will continue to maintain air quality concentrations in areas of
maximum impact to below the short-term SO2 standards.
The material submitted by the State in support of this SIP revision
contained numerous references regarding the reason for the revision. In
addition to the stated need for operational flexibility, it was
reported that this revision was needed because the approved rule did
not allow for simultaneous operation during start-up and shut-down of
boilers during a maintenance or repair scenario. Throughout the
submittal there are references to ``* * * simultaneous operation of the
main power boilers while back-up boilers are brought on line * * *'',
or ``* * * simultaneous operation of boilers during start-ups while
maintaining an overall operational cap * * *'', or ``* * * ramping up
of the back-up boilers while main power boilers are shutting down for
maintenance or repair.'' In a letter to EPA dated February 25, 1994,
the apparent intent of the revision expressed by the State is more
explicit, ``* * * where boilers 3 and 4 are being taken off-line and
boilers 1 and 2 are being brought on line it is imperative for
production purposes that there be some degree of simultaneous operation
of the four boilers during the transition period * * *.'' It appears
from this material that the intent of the revision was for temporary
operation at the 922 million BTU per hour cap. However, the rule
submitted in this revision allows Procter and Gamble to operate the
boilers on a continual basis up to the 922 million BTU per hour cap.
This represents a substantial increase in sulfur dioxide emissions over
the originally approved rule in the Hamilton County SIP. EPA estimates
the emissions increase to be approximately 900 tons of sulfur dioxide
per year more under a scenario of continuous operation at the 922
million BTU per hour cap.
The State submits that the air quality analysis, performed by
Procter and Gamble and reviewed by Ohio EPA, while operating the
boilers at a 922 million BTU per hour cap, shows that the increase in
emissions will not affect the short-term air quality. The culpability
analysis for this revision, which was based on the original Hamilton
County SIP revision, shows that the air quality will not be adversely
affected in the short-term for sulfur dioxide. This analysis looked at
both the 3-hour and 24-hour standard. EPA had agreed, in the Hamilton
County modeling, that the short-term analysis was most critical for
this type of evaluation and that the culpability analysis submitted for
this revision appears to demonstrate protection of air quality.
III. Final Rulemaking Action
The EPA has reviewed the State's request to cap the operating heat
input capacity of the four boilers at Procter and Gamble to 922 million
BTU per hour daily average, and has reviewed the materials provided by
the State as part of the request. EPA agrees that restricting the total
overall capacity to 922 million BTU per hour is shown by modeling to
achieve the original ambient air quality goal of the Hamilton County
sulfur dioxide implementation plan yet provides the operator total
operating flexibility beneath the 922 million BTU per hour cap.
Therefore, EPA approves this revision to the Hamilton County plan.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from review under Executive Order 12866.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
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, EPA 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 301, 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 CAA, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids the EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (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, EPA 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 aggregate; or to the private sector, of $100 million or
more. This Federal action approves pre-existing requirements under
State or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or the private sector, result from this action.
D. Petitions for Judicial Review
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 21, 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).)
E. Audit Privilege SIP Disclaimer
Nothing in this action should be construed as making any
determination or expressing any position regarding Ohio's audit
privilege and immunity law (Section 3745.70-3745.73 of the Ohio Revised
Code). EPA will be reviewing the effect of the Ohio audit privilege and
immunity law on various Ohio environmental programs, including those
under the Clean Air Act, and taking appropriate action(s), if any,
after through review and opportunity for Ohio to state and explain its
views and positions on the issues raised by the law. Today's action
does not indicate or imply that the regulations at issue would not be
affected by the audit privilege and immunity law, and, after review of
the effects of the law, the regulations at issue may be disapproved,
federal
[[Page 49442]]
approval for the Clean Air Act program under which they are implemented
may be withdrawn, or other appropriate action may be taken, as
necessary.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Sulfur dioxide.
Dated: September 9, 1997.
David A. Ullrich,
Acting Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of 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 as follows by adding paragraph
(c)(115) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(115) On January 3, 1997, the Ohio EPA submitted a revision to the
Hamilton County sulfur dioxide implementation plan for the Procter and
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which
limits combined average operating rate of all boilers (B001, B008,
B021, and B022) to a maximum of 922 million BTU per hour for any
calendar day. Boilers B001 and B008 are each allowed to emit 1.1 pounds
of sulfur dioxide per million BTU actual heat input. Boiler B021 is
limited to 1.50 pounds of sulfur dioxide per million BTU; and boiler
B022 is limited to 2.0 pounds of sulfur dioxide per million BTU average
heat input.
(I) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton
County emission limits, dated December 17, 1996, for Procter and Gamble
Company.
(B) Director's Findings and Orders in the matter of the adoption of
amended Rule 3745-18-37 of the Ohio Administrative Code, dated December
17, 1996.
(ii) Additional Materials.
(A) Letter from Ohio EPA Director Donald R. Schregardus to Regional
Administrator Valdas Adamkus, dated January 3, 1997.
(B) Letter from Ohio EPA Air Pollution Control Division Chief,
Robert Hodanbosi to EPA dated August 11, 1997.
[FR Doc. 97-25105 Filed 9-19-97; 8:45 am]
BILLING CODE 6560-50-P
