

[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Rules and Regulations]
[Page 54844-54847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-16]


[[Page 54844]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0544; FRL-8470-7]


Approval and Promulgation of Air Quality Implementation Plans;
Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request from Ohio to amend its State
Implementation Plan (SIP) emission statement reporting regulation. The
request to revise Ohio's SIP was submitted by the Division of Air
Pollution Control on May 1, 2006, and supplemented on May 22, 2007.
Ohio held a public hearing on these revisions on September 8, 2005. The
SIP revision concurrently rescinds and revises portions of Ohio
Administrative Code Chapter 3745-24 to be consistent with the Clean Air
Act (CAA) emission statement program reporting requirements for
stationary sources. The revision makes the rule more general to apply
to all counties designated nonattainment for ozone, and not to a
specific list of counties. The rationale for approval and other
information are provided in this rulemaking action.

DATES: This direct final rule will be effective November 26, 2007,
unless EPA receives adverse comments by October 29, 2007. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0544, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office 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 Docket ID No. EPA-R05-OAR-
2006-0544. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, 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 http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

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 http://www.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 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 docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental Protection

Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Charles Hatten, Environmental Engineer, at
(312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, Hatten.Charles@epa.gov.

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
II. What Is Required by the Clean Air Act and How Does It Apply to
Ohio?
III. What Change Is Ohio Requesting?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action applies to all stationary sources located in areas
designated nonattainment for ozone.

II. What Is Required by the Clean Air Act and How Does It Apply to
Ohio?

Emission Statements (Annual Reporting)

    Section 182(a)(3)(B) of the CAA requires each state to submit
revisions to its SIP to require that the owner or operator of each
stationary source of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX), in areas designated nonattainment of the
National Ambient Air Quality Standard (NAAQS) for ozone, prepare and
submit emission statements each year showing actual emissions of those
pollutants. This requirement applies to all ozone nonattainment areas
covered under subpart 2 of part D of Title I of the Act, regardless of
classification (marginal, moderate, etc.) In such nonattainment areas,
facilities which emit VOCs or NOX (on a plant-wide basis) in
amounts of 25 tons per year or more into the ambient air must submit an
emission statement to the State.
    On April 30, 2004, EPA published its Phase 1 rule to implement the
8-hour ozone NAAQS (69 FR 23951). On this same date, EPA set forth
nonattainment and attainment designations for the 8-hour ozone NAAQS
(69 FR 23858).
    EPA has determined that the emission statement program requirements
previously applicable for the 1-hour ozone NAAQS apply in the same
manner for the 8-hour NAAQS. See May 3, 2006, memorandum from Thomas C.
Curran, Director, Air Quality Assessment Division, to Regional Air
Division Directors, entitled ``Emission Statement Requirement Under 8-
hour Ozone NAAQS implementation.'' Thus,

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the requirement for emission statements under section 182(a)(3)(B)
applies to newly-designated subpart 2 nonattainment areas. Also, those
areas designated nonattainment for ozone under the 1-hour ozone NAAQS
and then designated nonattainment under the 8-hour ozone NAAQS,
regardless of classification under subpart 2 of part D of Title I of
the Act, remain subject to the emission statement requirement of
section 182(a)(3)(B).

Ohio's Current SIP

    On October 13, 1994, EPA approved several rules in Chapter 3745-24
of the Ohio Administrative Code (OAC) as meeting the ``Emission
Statement'' program requirements of section 182(a)(3)(B) of the CAA.
Chapter 3745-24 of the OAC included rules 3745-24-01 to 3745-24-04.
Rule 3745-24-01 (Definitions)
    The first section of the rule, 3745-24-01, is entitled
``Definitions.'' Unless otherwise provided in this rule, definitions in
rule 3745-24-01 apply.
Rule 3745-24-02 (Applicability)
    The second section of the rule, 3745-24-02, which is entitled
``Applicability,'' states that the requirements of this chapter apply
to stationary sources, specifically, located in the Cincinnati-Hamilton
(Butler, Clermont, Hamilton and Warren Counties) area designated ozone
nonattainment. Facilities emitting 25 tons per year VOCs or
NOX (on a plant-wide basis) during any calendar year are
required to submit an emission statement. This requirement started with
calendar year 1992. Sources in counties redesignated to attainment for
ozone are exempt from reporting.
    Under 3745-24-02, stationary sources located in a total of 24
counties designated nonattainment for ozone covered under subpart 2 of
part D of Title I of the Act were required to submit emission
statements. See 59 FR 51863. Subsequently, EPA redesignated a number of
counties subject to the emission statement program to attainment for
the 1-hour ozone standard. See, e.g., 60 FR 22289 (Dayton-Springfield
Area), 60 FR 39115 (Toledo Area), 61 FR 3319 (Canton, and Youngstown-
Warren-Sharon Areas), 61 FR 3591, and 61 FR 20458 (Cleveland-Akron-
Lorain Area). On March 23, 1998, EPA approved a revision to rule 3745-
24-02 to reflect these changes. See 63 FR 13787. As a result, the
emission statement program requirements applied to stationary sources
only in the Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren
Counties) ozone nonattainment area.
Rule 3745-24-03 (Deadlines for the Submission of the Emissions
Statements)
    Section 3745-24-03, which is entitled ``Deadlines for the
submission of the emissions statements,'' requires that the 1992
emissions statements be submitted by July 1, 1994. For calendar year
1993 and beyond, emission statements are due by November 15th of the
following calendar year.
Rule 3745-24-04 (Emission Statement Requirements)
    Rule 3745-24-04, entitled ``Emission statement requirements,''
requires affected owners that meet the applicability requirements
specified in rule 3745-24-02 to submit emissions statements to Ohio EPA
by the required deadline specified in rule 3745-24-03, and
certification of accuracy of the statement. The certification of
accuracy of the information must be submitted by an appropriate
facility official.

III. What Change Is Ohio Requesting?

    Ohio is requesting that EPA approve several revisions to its
existing emission reporting rules contained in Chapter 3745-24 of the
OAC to be consistent with the emission statement program requirements
for stationary sources in section 182(a)(3)(B) of the CAA. Because the
revisions to OAC 3745-24 are necessary, and change or eliminate over
half of each rule, to satisfy the requirements of section 119.032 of
the Ohio Revised Code (5-Year Rule Review), Ohio EPA rescinded OAC rule
3745-24-01 (Definitions), 3745-24-02 (Applicability), and 3745-24-03
(Deadline for the submission of the emission statements), and
promulgated them as new rules. The rule revisions are as follows:

3745-24-01 (Definitions)

    In section 3745-24-01 (Definitions), Ohio EPA is requesting
approval of the removal of several definitions. Certain definitions are
provided in the instructions accompanying the emission statement form
to be filed as prescribed by the Director of Ohio EPA. Thus, the
revision to this rule would allow enough flexibility for the emission
statement form to change so long as the data needed is collected. The
emission statement requirements are outlined in OAC rule 3745-24-04.

3745-24-02 (Applicability)

    In section 3745-24-02 (Applicability), Ohio EPA is requesting
approval to make the applicability of the rule more general, rather
than area specific, to include any county designated nonattainment of
the NAAQS for ozone. Currently, the rule specifies that the emission
statement requirements apply to stationary sources located in the
Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren Counties)
ozone nonattainment area. The revision would provide Ohio EPA more
flexibility to apply the emission statement program to develop a
complete and accurate emission inventory for air quality planning
purposes at the State, and also meet EPA's emission reporting
requirements for all counties designated nonattainment of the NAAQS for
ozone.

3745-24-03 (Deadlines for the Submission of the Emissions Statements)

    In section 3745-24-03 (Deadlines for the submission of the
emissions statements), Ohio EPA is requesting approval to change the
due date for the emission statements to be the same as for Ohio's
emission fee report, April 15, following the year covered by the
reporting period. Thus, to align the reporting due dates for both the
emission statement and fee emission, the rule revision would streamline
reporting of emissions and provide more timely reporting than the
previous SIP-approved rules.

IV. What Action Is EPA Taking?

    EPA is approving the State's request that concurrently rescinds and
revises portions of the Ohio Administrative Code Chapter 3745-24 [rule
3745-24-01 (Definitions), 3745-24-02 (Applicability), and 3745-24-03
(Deadline for the submission of the emission statements)] to be
consistent with the CAA emission statement program reporting
requirements for stationary sources. EPA has determined that the Ohio
emission statement program contains the necessary applicability, and
reporting provisions to meet the requirements for an emission statement
program as part of the SIP. The revision makes the rule more general to
apply to all counties designated nonattainment for ozone, and not to a
specific list of counties.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective November 26,
2007 without further notice unless we receive relevant

[[Page 54846]]

adverse written comments by October 29, 2007. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. The EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. If we do not receive any comments,
this action will be effective November 26, 2007.

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 action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this 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 approves 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 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This 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 approves 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 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 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.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 26, 2007. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, and Volatile organic compounds.

    Dated: September 4, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(139) to read as
follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (139) On May 1, 2006, and supplemented on May 22, 2007, Ohio
submitted final adopted state implementation plan revisions which
concurrently rescinds and revises portions of the Ohio Administrative
Code Chapter 3745-24 to be consistent with the Clean Air Act emission

[[Page 54847]]

statement program reporting requirements for stationary sources. This
revision includes amendments to the emission reporting regulation
approved on October 13, 1994, and March 23, 1998, codified in
paragraphs (c)(100) and (c)(117) of this section. The revision makes
the rule more general to apply to all counties designated nonattainment
for ozone, and not to a specific list of counties.
    (i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
    (A) OAC Rule Chapter 3745-24-01: ``Definitions'', effective on
December 16, 2005.
    (B) OAC Rule Chapter 3745-24-02: ``Applicability'', effective on
December 16, 2005.
    (C) OAC Rule Chapter 3745-24-03: ``Deadlines for the submission of
the emission statements'', effective on December 16, 2005.

[FR Doc. E7-18894 Filed 9-26-07; 8:45 am]

BILLING CODE 6560-50-P
