[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Proposed Rules]
[Pages 24734-24740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9403]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-OH-0004; FRL-7910-5]
Approval and Promulgation of Implementation Plans; Ohio New
Source Review Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to conditionally approve revisions to the
prevention of significant deterioration (PSD) and nonattainment new
source review (NSR) construction permit programs submitted by the Ohio
Environmental Protection Agency (OEPA). EPA fully approved Ohio's
nonattainment NSR program on January 10, 2003. EPA fully approved
Ohio's PSD program on January 22, 2003, which became effective on March
10, 2003.
On December 31, 2002, EPA published revisions to the Federal PSD
and NSR regulations. These revisions are commonly referred to as ``NSR
Reform'' regulations and became effective on March 3, 2003. These
regulatory revisions include provisions for baseline emissions
determinations, actual-to-future actual methodology, plantwide
applicability limits (PALs), clean units, and pollution control
projects (PCPs). The OEPA is seeking approval of rules to implement
these NSR Reform provisions in Ohio.
DATES: Comments must be received on or before June 10, 2005. EPA will
address the public comments in a subsequent final rule based on this
proposed rule.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2004-OH-0004, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: You may send written comments to:
Pamela Blakley, Chief, Air Permits Section, (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your comments to: Pamela Blakley, Chief, Air
Permits Section, (AR-18J), U.S. Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2004-OH-
0004. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA
[[Page 24735]]
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Genevieve Damico, Environmental
Engineer, at (312) 353-4761 before visiting the Region 5 office. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Air Permits Section
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois, 60604, Telephone Number: (312) 353-4761,
E-Mail Address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. How and to whom do I submit comments?
II. Program Review
A. What is being addressed in this document?
B. What are the program changes that EPA is approving?
III. Conditional Approval
A. Why are we proposing to conditionally approve Ohio's rules?
B. How can this conditional approval become fully approved?
C. What are the ramifications for not submitting the necessary
changes?
IV. What Action is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. General Information
A. Does this action apply to me?
This action applies to air pollution sources which are subject to
Ohio's permit to install regulations in OAC 3745-31.
B. How can I get copies of this document and other related information
?
1. The EPA Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R05-OAR-
2004-OH-0004, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information whose disclosure is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air and
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
C. How and to whom do I submit comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2004-OH-0004'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
II. Program Review
A. What is being addressed in this document?
As stated in the December 31, 2002, EPA ``NSR Reform'' rulemaking,
State and local permitting agencies must adopt and submit revisions to
their part 51 permitting programs implementing the minimum program
elements of that rulemaking no later than January 2, 2006 (67 FR
80240). With this submittal, Ohio requests approval of program
revisions to satisfy this requirement.
The OEPA submitted these regulatory revisions to EPA for parallel
processing on September 14, 2004, which was prior to final adoption of
the State rules. Ohio adopted the final rules on October 28, 2004.
B. What are the program changes that EPA is approving?
Ohio Administrative Code (OAC) 3745-31-01 Definitions
3745-31-01(A)
Ohio has incorporated the definitions codified in OAC 3745-21-01 to
apply in OAC 3745-31 of the new rules. EPA proposes to approve these
changes.
Actual Emissions
Ohio has revised the definition of ``actual emissions'' in OAC
3745-31-01(C) to add the term ``regulated NSR pollutant'' (see
definition below), to revise the language to specify the time frame as
a ``consecutive twenty-four (24) month period,'' and to add language
stating that this definition does not apply for calculating a
significant emissions increase or for establishing a Plantwide
Applicability Limit (PAL). Ohio also revised the rule language to
require that electric utility steam generating unit actual emissions
are to be based on potential to emit rather than representative actual
annual emissions. The revised definition of ``actual
[[Page 24736]]
emissions'' is consistent with the definition in 40 CFR 51.166(b)(21)
and 40 CFR 51.165(a)(1)(xii), therefore we propose to approve this
definition.
Actuals PAL
Ohio has established the definition of ``actuals PAL'' in OAC 3745-
31-01(D). This definition is consistent with the definition of ``clean
unit'' in 40 CFR 51.166(w)(2)(i) and 40 CFR 51.165(f)(2)(i), therefore
we propose to approve this definition.
Baseline Actual Emissions
Ohio has added a definition in OAC 3745-31-01 (O) to establish the
baseline actual emissions for any existing electric utility steam
generating unit to be the average rate at which the unit actually
emitted the pollutant during any consecutive 24-month period within the
5-year period immediately preceding when the owner or operator begins
actual construction of the project. This definition also establishes
the baseline actual emissions for any existing emission unit other than
an electric utility steam generating unit to be the average rate at
which the unit actually emitted the pollutant during any consecutive
24-month period within the 10-year period immediately preceding either
the date when the owner or operator beings actual construction of the
project or the date a complete permit application is received by the
permitting authority for a permit required by this rule. This
definition establishes a zero baseline for actual emissions for a new
emissions unit for purposes of determining the emissions increase that
will result from the initial construction and operation of the unit.
Thereafter, for all other purposes, the baseline actual emissions shall
equal the unit's potential to emit. Finally, this definition also
establishes the baseline actual emissions for a PAL. This definition is
consistent with the definition in 40 CFR 51.166(b)(47) and 40 CFR
51.165(a)(1)(xxxv), therefore we propose to approve this definition.
Baseline Concentration
Ohio has modified the definition of ``baseline concentration'' in
OAC 3745-31-01(Q). The definition now follows the language of 40 CFR
51.166(b)(13), therefore we propose to approve this definition.
Best Available Control Technology
Ohio has modified the definition of ``best available control
technology'' in OAC 3745-31-01(S). The language ``maximum degree of
reduction for each air pollutant subject to regulation under the
provisions of the CAA'' has been replaced with ``maximum degree of
reduction for each regulated NSR pollutant''. This definition is
consistent with the definition in 40 CFR 51.166(b)(12)) and 40 CFR
51.165(a)(1)(xl), therefore we propose to approve this definition.
Clean Unit
Ohio has established the definition of ``clean unit'' in OAC 3745-
31-01(Y). This definition is consistent with the definition of ``clean
unit'' in 40 CFR 51.166(b)(41) and 40 CFR 51.165(a)(1)(xxix), therefore
we propose to approve this definition.
Continuous Emissions Monitoring System
Ohio has established the definition of ``continuous emissions
monitoring system'' in OAC 3745-31-01(EE). This is consistent with the
definition of ``continuous emissions monitoring system'' in 40 CFR
51.166(b)(43) and 40 CFR 51.165(a)(1)(xxxi), therefore we propose to
approve this definition.
Continuous Emissions Rate Monitoring System (CERMS)
Ohio has established the definition of ``continuous emissions rate
monitoring system'' in OAC 3745-31-01(FF). This is consistent with the
definition of ``continuous emissions rate monitoring system'' in 40 CFR
51.166(b)(46) and 40 CFR 51.165(a)(1)(xxxiv), therefore we propose to
approve this definition.
Continuous Parameter Monitoring System (CPMS)
Ohio has established the definition of ``continuous parameter
monitoring system'' in OAC 3745-31-01(GG). This is consistent with the
definition of ``continuous parameter monitoring system'' in 40 CFR
51.166(b)(45)) and 40 CFR 51.165(a)(1)(xxxiii), therefore we propose to
approve this definition.
Emissions Unit
Ohio has modified the definition of ``emissions unit'' in OAC 3745-
31-01(MM). This definition is consistent with the definition of
``emissions unit'' in 40 CFR 51.166(b)(7) and 40 CFR 51.165(a)(1)(vii),
therefore we propose to approve this definition.
Lowest Achievable Emission Rate (LAER)
Ohio has modified the definition of ``lowest achievable emission
rate'' in OAC 3745-31-01(FFF) by replacing ``stationary source'' with
``emissions unit'' in the definition from 40 CFR 51.165(a)(1)(xiii).
OEPA believes that the term emissions unit is more appropriate than the
term stationary source because LAER universally applies at the
emissions unit level. OEPA believes that LAER must be determined at the
emissions unit level so that similar technologies can be reviewed. OEPA
also believes that establishing LAER at the stationary source level may
cause overlooking of the fact that a subpart of the stationary source
(an emissions unit) may be able to emit at a lower level, even though
the stationary source may appear to meet LAER.
This change is consistent with the federal program concerning clean
units and PALs where LAER requirements apply. In those instances, LAER
is applied at the emissions unit level. Ohio's change eliminates a dual
definition of ``stationary source'' and makes clear that LAER is to be
determined at the emissions unit. EPA proposes to approve this
definition of LAER.
Major Modification
Ohio has modified the definition of ``major modification'' in OAC
3745-31-01(III) to add provisions regarding PCPs and PALs. This
modification is consistent with 40 CFR 51.166(a)(7) and (b)(2) and 40
CFR 51.165(a)(1)(v), therefore we propose to approve this definition.
Major Source Baseline Date
Ohio has established the definition of ``Major Source Baseline
Date'' in OAC 3745-31-01(JJJ). This is consistent with the definition
in 40 CFR 51.166(b)(14), therefore we propose to approve this
definition.
Major Stationary Source
Ohio has modified the definition of ``major stationary source'' in
OAC 3745-31-01(KKK) to replace the phrase ``air pollutant subject to
regulation under the Clean Air Act including lead compounds but
excluding other air pollutants regulated due to being listed under
section 112 of the Clean Air Act'' with ``regulated NSR pollutant.''
These modifications are consistent with the definition in 40 CFR
51.166(b)(1) and 40 CFR 51.165(a)(1)(iv), therefore we propose to
approve this definition.
Minor Source Baseline
Ohio has established the definition of ``Major Source Baseline
Date'' in OAC 3745-31-01(NNN). This is consistent with the definition
in 40 CFR 51.166(b)(14), therefore we propose to approve this
definition.
Net Emissions Increase
Ohio has modified the definition of ``net emissions increase'' in
OAC 3745-
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31-01(RRR) to add provisions regarding clean units and PCPs and other
minor wording changes. These modifications are consistent with the
definition in 40 CFR 51.166(b)(3) and 40 CFR 51.165(a)(1)(vi),
therefore we propose to approve this definition.
New Source Review Project
Ohio has established the definition of ``new source review
project'' in OAC 3745-31-01(UUU). This is consistent with the
definition in 40 CFR 51.165(a)(1)(xxxix) and 40 CFR 51.166(a)(51),
therefore we propose to approve this definition.
Nonattainment or Nonattainment Area
Ohio has established the definition of ``nonattainment or
nonattainment area'' in OAC 3745-31-01(VVV). This is consistent with
the requirements in 40 CFR 51.165(a)(2)(i), therefore we propose to
approve this definition.
Nonattainment New Source Review Permit
Ohio has established the definition of ``nonattainment new source
review permit'' in OAC 3745-31-01(WWW). This is consistent with the
definition in 40 CFR 51.165(a)(1)(xxx), therefore we propose to approve
this definition.
PAL Allowable Emissions
Ohio has established the definition of ``PAL allowable emissions''
in OAC 3745-31-01(CCCC). This is consistent with the definition in 40
CFR 51.166(w)(2)(ii) and 40 CFR 51.165(f)(2)(ii), therefore we propose
to approve this definition.
PAL Effective Date
Ohio has established the definition of ``PAL effective date'' in
OAC 3745-31-01(DDDD). This is consistent with the definition in 40 CFR
51.166(w)(2)(vi) and 40 CFR 51.165(f)(2)(vi), therefore we propose to
approve this definition.
PAL Effective Period
Ohio has established the definition of ``PAL effective date'' in
OAC 3745-31-01(EEEE). This is consistent with the definition in 40 CFR
51.166(w)(2)(vii) and 40 CFR 51.165(f)(2)(vii), therefore we propose to
approve this definition.
PAL Major Emissions Unit
Ohio has established the definition of ``plantwide applicability
limit'' in OAC 3745-31-01(FFFF). This is consistent with the definition
in 40 CFR 51.166(w)(2)(iv) and 40 CFR 51.165(f)(2)(iv), therefore we
propose to approve this definition.
PAL Major Modification
Ohio has established the definition of ``PAL major modification''
in OAC 3745-31-01(GGGG). This is consistent with the definition in 40
CFR 51.166(w)(2)(viii) and 40 CFR 51.165(f)(2)(viii), therefore we
propose to approve this definition.
PAL Permit
Ohio has established the definition of ``PAL permit'' in OAC 3745-
31-01(HHHH). This is consistent with the definition in 40 CFR
51.166(w)(2)(ix) and 40 CFR 51.165(f)(2)(ix), therefore we propose to
approve this definition.
PAL Pollutant
Ohio has established the definition of ``PAL pollutant'' in OAC
3745-31-01(IIII). This is consistent with the definition in 40 CFR
51.166(w)(2)(x) and 40 CFR 51.165(f)(2)(x), therefore we propose to
approve this definition.
PAL Significant Emissions Unit
Ohio has established the definition of ``PAL significant emissions
unit'' in OAC 3745-31-01(JJJJ). This is consistent with the definition
in 40 CFR 51.166(w)(2)(xi) and 40 CFR 51.165(f)(2)(xi), therefore we
propose to approve this definition.
PAL Small Emissions Unit
Ohio has established the definition of ``PAL small emissions unit''
in OAC 3745-31-01(KKKK). This is consistent with the definition in 40
CFR 51.166(w)(2)(iii) and 40 CFR 51.165(f)(2)(iii), therefore we
propose to approve this definition.
Particulate Matter and Particulate Matter Emissions
Ohio referred to the definitions for particulate matter and
particulate matter emissions from OAC 3745-17-01 which is already
approved by EPA.
Plantwide Applicability Limit (PAL)
Ohio has established the definition of ``plantwide applicability
limit'' in OAC 3745-31-01(OOOO). This is consistent with the definition
in 40 CFR 51.166(w)(2)(v) and 40 CFR 51.165(f)(2)(v), therefore we
propose to approve this definition.
PM10, PM10 Emissions, Total Suspended Particulate
Ohio has established the definitions of ``PM10'',
``PM10 emissions'' and ``total suspended particulate'' in
OAC 3745-31-01(PPPP), (QQQQ), and (UUUUU). These definitions are
consistent with 40 CFR 50 and 51, therefore we propose to approve these
definitions.
Pollution Control Project (PCP)
Ohio has modified the definition of ``pollution control project''
in OAC 3745-31-01(RRRR). This is consistent with the definition in 40
CFR 51.166(b)(31) and 40 CFR 51.165(a)(1)(xxv), therefore we propose to
approve this definition.
Pollution Prevention
Ohio has established the definition of ``pollution prevention'' in
OAC 3745-31-01(SSSS). This is consistent with the definition in 40 CFR
51.166(b)(38)) and 40 CFR 51.165(a)(1)(xxvi), therefore we propose to
approve this definition.
Predictive Emissions Monitoring System (PEMS)
Ohio has established the definition of ``predictive emissions
monitoring system'' in OAC 3745-31-01(SSSS). This is consistent with
the definition in 40 CFR 51.166(b)(44) and 40 CFR 51.165(a)(1)(xxxii),
therefore we propose to approve this definition.
Prevention of Significant Deterioration Increment
Ohio has established the definition of ``prevention of significant
deterioration increment'' in OAC 3745-31-01(WWWW). This is consistent
with the definition in 40 CFR 51.166(c), therefore we propose to
approve this definition.
Prevention of Significant Deterioration Permit
Ohio has established the definition of ``prevention of significant
deterioration permit'' in OAC 3745-31-01(XXXX). This is consistent with
the definition in 40 CFR 51.166(b)(42) and 40 CFR 51.165(a)(1)(xli),
therefore we propose to approve this definition.
Projected Actual Emissions
Ohio has established the definition of ``projected actual
emissions'' in OAC 3745-31-01(ZZZZ). This is consistent with the
definition in 40 CFR 51.166(b)(40) and 40 CFR 51.165(a)(1)(xxviii),
therefore we propose to approve this definition.
Regulated NSR Pollutant
Ohio has established the definition of ``regulated NSR pollutant''
in OAC 3745-31-01(DDDDD). This definition is consistent with the
definition in 40 CFR 51.166(b)(49) and 40 CFR 51.165(a)(1)(xxxvii),
therefore we propose to approve this definition.
Replacement Unit
Ohio has established the definition of ``replacement unit'' in OAC
3745-31-01(EEEEE). This definition is consistent with the definition in
40 CFR
[[Page 24738]]
51.166(b)(32) and 40 CFR 51.165(a)(1)(xxi), therefore we propose to
approve this definition.
Representative Actual Annual Emissions
Ohio has deleted this definition. It is not required by the federal
program.
Significant
Ohio has modified the definition of ``significant'' in OAC 3745-31-
01(KKKKK) to change the phrase ``an air pollutant subject to regulation
under the Clean Air Act'' to ``a regulated NSR pollutant.'' This
definition has also been modified to remove the reference to pollutants
listed in section 112(b) of the Clean Air Act because section 112(b)
pollutants are exempt from NSR. These changes are consistent with the
definition in 40 CFR 51.166(b)(23) and 40 CFR 51.165(a)(1)(x),
therefore we propose to approve this definition.
Significant Emissions Increase
Ohio has established the definition of ``significant emissions
increase'' in OAC 3745-31-01(LLLLL). This is consistent with the
definition in 40 CFR 51.166(b)(39) and 40 CFR 51.165(a)(1)(xxvii),
therefore we propose to approve this definition.
Stationary Source
Ohio has modified the definition of ``stationary source'' in 326
IAC 2-2-1(zz) to change the phrase ``pollutant subject to regulation
under the CAA'' to ``regulated NSR pollutant.'' This change is
consistent with the definition in 40 CFR 51.166(b)(5) and 40 CFR
51.165(a)(1)(i), therefore we propose to approve this definition.
Non-40 CFR 51.166 and 51.165 Definitions
OAC 3745-31-01 (E), (J), (M), (X), (JJ), (QQ), (DDD), (EEE), (XXX),
(HHHHH), and (XXXXX)
These definitions are associated with future changes to OAC 3745-
31-03 relating to Ohio's minor source permitting program. EPA proposes
to approve these definitions.
Minor Revisions to Definitions
Ohio has made changes to the definitions of ``available
information,'' ``baseline area,'' ``baseline concentration,'' ``best
available technology,'' ``Clean Air Act,'' ``Clean Coal Technology,''
``Clean Coal Technology Demonstration Project,'' ``Construction,''
``facility,'' ``non-methane organic compound,'' ``Non-road engine,''
and ``Temporary clean coal demonstration project,'' that are
grammatical in nature and do not change the substance of the
definition, therefore we propose to approve this definition.
Incorporation by Reference
Ohio has added the Aerometric Information Retrieval System,
California Air Resources Board, Chemical Abstract Service, Chemical
Rubber Company Handbook for Chemistry and Physics, Compilation of Air
Pollutant Emission Factors, AP-42, Control Technology Center, Great
Lakes Binational Toxics Strategy, Integrated Risk Management System,
and Recommended Policy on Control of Volatile Organic Compounds to OAC
3745-31-01(ZZZZZ)(1). Ohio has removed the reference to the Further
Continuing Appropriations Act of 1985 from this section.
Ohio has also updated and added to the incorporations by reference
in OAC 3745-31-01(ZZZZZ)(2). Ohio has added references to 40 CFR
51.165; 40 CFR 60.15(b)(1); 40 CFR 60.111b; 40 CFR 81.336; 40 CFR part
50, appendix J; 40 CFR part 51, appendix M; 40 CFR part 51, appendix S;
40 CFR part 53; 40 CFR part 60, appendix A; 40 CFR part 60, subpart Dc;
40 CFR part 82, subpart A; 42 U.S.C. 7401 to 7671q; Chemical Rubber
Company Handbook for Chemistry and Physics; Federal Power Act; New
Source Performance Standards; Part C of Title I of the Clean Air Act;
Part D of Title I of the Clean Air Act; Recommended Policy on Control
of Volatile Organic Compounds; Section 2(A) and (B) of the Energy
Supply and Environmental Coordination Act of 1974; Section 110 of the
Clean Air Act; Section 107(d) of the Clean Air Act; Section 108 of the
Clean Air Act; Section 109 of the Clean Air Act; Section 111 of the
Clean Air Act; Section 112 of the Clean Air Act; Section 112(b) of the
Clean Air Act; Section 112(c) of the Clean Air Act; Section 113 of the
Clean Air Act; Section 121(e) of the Clean Air Act; Section 125 of the
Clean Air Act; Section 173 of the Clean Air Act, Section 182(c) of the
Clean Air Act; Section 182(f) of the Clean Air Act; Section 189 of the
Clean Air Act; Section 202 of the Clean Air Act; Section 216 of the
Clean Air Act; Section 402(12) of Title IV of the Clean Air Act;
Section 409 of the Clean Air Act; Standard Industrial Classification
Manual; Title II of the Clean Air Act; Title IV of the Clean Air Act,
and Title VI of the Clean Air Act. Ohio has removed from OAC 3745-31-
01(ZZZZZ)(2) Title II sec. 101(d) of the Further Continuing
Appropriations Act of 1985.
OAC 3745-31-09 Air Permit To Install Completeness Determinations,
Public Participation and Public Notice
Ohio has modified OAC 3745-31-09(H)(1) to replace the phrase ``air
contaminant source or modification'' with `` nonattainment NSR permit
or the PSD permit''. This change is consistent with the changes in
definitions required by 40 CFR 51.166(b)(42), 40 CFR 51.165(a)(1)(xxx)
and 40 CFR 51.165(a)(1)(xli). Ohio also made a spelling correction in
OAC 3745-31-09(H)(2)(d). Therefore we propose to approve this rule.
OAC 3745-31-10 Air Stationary Source Obligations
Ohio has added the source obligations in 40 CFR 51.166 (r). Ohio
doesn't include the requirements of 70.4(b)(3)(vii). Ohio also adds the
language ``if any provision of OAC 3745-31-10 through 3745-31-32 or the
application of such provision to any person or circumstance, is held
invalid, the remainder of this section, or the application of such
provision to persons or circumstances other then those as to which it
is held invalid, shall not be affected thereby.'' EPA proposes to
approve these changes.
OAC 3745-31-13 Attainment Provisions--Review of Major Stationary
Sources and Major Modifications, Stationary Source Applicability and
Exemptions
Ohio has modified OAC 3745-31-13 (B) and (G) to replace the phrase
``air pollutant subject to regulation under the Clean Air Act that the
stationary source would emit, except for air pollutants listed under
112 of the Clean Air Act'' and ``air pollutant subject to regulation
under the Clean Air Act'' respectively with ``regulated NSR
pollutant''. This is consistent with 40 CFR 51.166(b)(49) and 40 CFR
51.165(a)(1)(xxxvii). Ohio also modified OAC 3745-31-13(D)(2)(d) by
replacing the term ``reviewing authority'' with ``director,'' and OAC
3745-31-13(H) by clarifying that the units of measure are [mu]g/m\3\,
and removing mercury, beryllium, and vinyl chloride. This is consistent
with 40 CFR 51.166(i). Therefore we propose to approve this rule.
OAC 3745-31-15 Attainment Provisions--Control Technology Review
Ohio has modified OAC 3745-31-15(B) to include references to 40 CFR
part 63 and OAC 3745-31-1 (C), and (D) to replace the phrase ``air
pollutant subject to regulation under the Clean Air Act excluding
pollutants regulated due to being listed under Section 112 of the Clean
Air Act'' and ``air pollutant
[[Page 24739]]
subject to regulation under the Clean Air Act'' with ``regulated NSR
pollutant.'' This is consistent with 40 CFR 51.166(b)(49) and 40 CFR
51.165(a)(1)(xxxvii). Therefore we propose to approve this rule.
OAC 3745-31-21 Nonattainment Provisions
Ohio has modified OAC 3745-31-21 (B) to replace the phrase ``air
pollutant subject to regulation under the Clean Air Act'' with
``regulated NSR pollutant''. This is consistent with 40 CFR
51.166(b)(49) and 40 CFR 51.165(a)(1)(xxxvii). Ohio also added language
to OAC 3745-31-21 (E) to clarify that projects referenced therein are
clean coal technology demonstration projects, and that ``Section 111
and Part C'' refer to Section 111 and Part C of the Clean Air Act. EPA
proposes to approve these changes.
OAC 3745-31-22 Nonattainment Provisions--Conditions for Approval
In addition to grammatical updates to OAC 3745-31-22, Ohio has
established OAC 3745-31-22(A)(3)(e) and (f) not permitting decreases
from actual emissions from the installation of add-on control
technology or application of pollution prevention measures and clean
units or pollution control projects except as provided by the rule.
This language is consistent with 40 CFR 51.165(a)(3)(ii)(H) and (I).
Ohio also established OAC 3745-31-22(A)(3)(g) providing the offset
requirements for increased emissions from major modifications. This
language is consistent with 40 CFR 51.165(a)(3)(ii)(J). Therefore we
propose to approve this rule.
OAC 3745-31-24 Non-Attainment Provisions--Baseline for Determining
Credit for Emission and Air Quality Offsets
In addition to grammatical updates to OAC 3745-31-24(A), (E) and
(H), Ohio has established rules for establishing a baseline for
determining credit for emission reductions in OAC 3745-31-24(B) and
(C). This language is consistent with 40 CFR 51.165(a)(3)(i) and
(ii)(A). Ohio has removed language describing the baseline time period
and calculation of baseline emissions which primarily refer to the most
recent two year period as the basis for the baseline. The federal
program no longer has such a requirement.
Ohio also established OAC 3745-31-24(K) which requires all emission
reductions claimed as offset credit to be federally enforceable. This
language is consistent with 40 CFR 51.165(a)(3)(ii)(E). Therefore we
propose to approve this rule.
OAC 3745-31-26 Nonattainment Provisions--Offset Ratio Requirements
Ohio has modified the VOC offset requirement provision in OAC 3745-
31-26(A) to include an offset ratio for unclassified areas of greater
than 1.0 to 1.0. This language is consistent with section 173(c) of the
Clean Air Act. Therefore we propose to approve this rule.
OAC 3745-31-30 Clean Units
Ohio has added a new rule section for emission units that are
subject to BACT or LAER and qualify for a clean unit designation. These
rules, for the most part, are consistent with provisions at 40 CFR
51.166(t) and (u) and 40 CFR 51.165(c) and (d) for clean units.
However, although Ohio intended only LAER to apply in nonattainment
areas, as drafted, OAC 3745-31-30 is not clear that a LAER
determination is required for a clean unit designation in an existing
nonattainment area. The language in OAC 3745-31-30(A)(5)(a) must also
include current-day LAER requirements for non-attainment areas, in
addition to BACT for attainment areas.
In a March 2, 2005 letter to EPA, OEPA has committed to clarify its
rules in this regard, and, until the rule is clarified, the
conditionally approved rules will be implemented as requiring a LAER
determination in nonattainment areas in order to obtain a clean unit
designation. Therefore we propose to conditionally approve this rule.
OAC 3745-31-31 Pollution Control Project
OAC 3745-31-31 establishes a pollution control project exclusion
provision in Ohio's permit to install regulations. This addition to
Ohio's rule is consistent with the requirements in 40 CFR 51.166(v) and
40 CFR 51.165(e). Therefore we propose to approve this rule.
OAC 3745-31-32 Plantwide Applicability Limit (PAL)
This section of the Ohio permit to install rules regarding PAL
applicability is consistent with 40 CFR 51.166(w) and 40 CFR 51.165(f).
Therefore we propose to approve this rule.
III. Conditional Approval
A. Why are we proposing to conditionally approve Ohio's rules?
We are proposing to conditionally approve Ohio's permit to install
rules, OAC 3745-31-30. These rules, for the most part, fulfill part C
of title I of the CAA by incorporating the critical provisions at 40
CFR 51.165 and 51.166 for clean units. However, although Ohio intended
only LAER to apply in nonattainment areas, the proposed language of OAC
3745-31-30 does not make clear that a LAER determination is required
for a clean unit designation in an existing nonattainment area. In
addition to BACT for attainment areas, the language in OAC 3745-31-
30(A)(5)(a) must also include current-day LAER requirements for non-
attainment areas.
OEPA has committed, in a March 2, 2005 letter, to clarify its rules
in this regard and, in the interim, to require a LAER determination in
nonattainment areas in order to obtain a clean unit designation.
Because OAC 3745-31-30 meets all requirements of 40 CFR 51.165 and
51.166 for clean units with the exceptions noted above, and because
OEPA has committed to correct the deficiencies, we believe that it is
appropriate to propose to conditionally approve these rules. Once OEPA
submits the rule changes to address these deficiencies, we can take
action to fully approve the State Implementation Plan (SIP) revision.
B. How can this conditional approval become fully approved?
OEPA will have one year from the time that the conditional approval
is final to submit the necessary changes to its rules to correct the
deficiencies identified in this action. If OEPA does not submit changes
within the one year timeframe, this conditional approval will
automatically revert to a disapproval of the Ohio SIP.
C. What are the ramifications for not submitting the necessary changes?
If OEPA fails to submit the necessary rule changes to us, final
conditional approval will automatically convert to a disapproval. EPA
would confirm such disapproval to the State by letter. If the SIP
becomes disapproved, these commitments will no longer be a part of the
approved SIP. We would subsequently publish a notice to this effect in
the notice section of the Federal Register indicating that the
commitment or commitments have been disapproved and removed from the
SIP. If OEPA adopts and submits the final rule amendments to EPA within
the applicable time frame, the conditionally approved commitments will
remain part of the SIP until the EPA takes final action approving or
disapproving the new submittal, those newly approved rules will become
part of the SIP.
If after considering the comments on the subsequent submittal, we
issue a
[[Page 24740]]
final disapproval, the sanctions clock under 179(a) will begin. If OEPA
does not submit and we do not approve the rule on which any disapproval
is based within 18 months of the disapproval, we must impose one of the
sanctions under section 179(b) highway funding restrictions or the
offset sanction. In addition, any final disapproval would start the 24-
month clock for the imposition of section 110(c) Federal Implementation
Plan. Finally, under section 110(m) the EPA has discretionary authority
to impose sanctions at any time after final disapproval.
IV. What Action Is EPA Taking Today?
EPA is proposing conditional approval of Ohio permit to install
revisions. On December 31, 2002, EPA published revisions to the federal
PSD and NSR regulations in 40 CFR parts 51 and 52 (67 FR 80186). These
``NSR Reform'' regulatory revisions became effective on March 3, 2003,
and include provisions for baseline emissions determinations, actual-
to-future actual methodology, plantwide applicability limits (PALs),
clean units, and pollution control projects (PCPs). EPA is proposing to
conditionally approve OEPA's revised rules to implement these NSR
Reform provisions.
V. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This proposed action merely proposes to approve State law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by State law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-
4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
List of Subjects in Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 29, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-9403 Filed 5-10-05; 8:45 am]
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