Approval and Promulgation of State Implementation Plans; Ohio; Revised Oxides of Nitrogen (NOX, 2954-2959 [05-1032]
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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations
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Neva R. Watson,
Attorney, Legislative.
[FR Doc. 05–975 Filed 1–18–05; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2004–OH–0003; FRL–7850–4]
Approval and Promulgation of State
Implementation Plans; Ohio; Revised
Oxides of Nitrogen (NOX) Regulation
and Revised NOX Trading Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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part 111 will be published to reflect
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AGENCY:
PART 111—[AMENDED]
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[Add new section 1.7 to read as
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SUMMARY: On June 28, 2004, Ohio
submitted an oxides of nitrogen (NOX)
State Implementation Plan (SIP)
revision request to EPA which included
amended rules in Ohio Administrative
Code (OAC). The purpose of the SIP
revision is to exclude from the NOX
trading program carbon monoxide
boilers associated with fluidized
catalytic cracking units (FCCU). The
revision also allocates additional NOX
allowances to the overall budget and to
the trading budget to correct a
typographical error made in the original
rule. Removal of the FCCU boilers from
the NOX trading program is an option
Ohio has elected to incorporate in its
NOX SIP. The Ohio SIP revision
addresses some minor corrections in the
rules and also incorporates by reference
specific elements of the NOX SIP Call.
EPA is approving the Ohio request
because the changes conform to EPA
policy under the Clean Air Act. The
collective emissions from these sources
are small and the administrative burden,
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to the states and regulated entities, of
controlling such sources is likely to be
considerable. Inclusion of these small
NOX sources in the NOX SIP Call control
program would not be cost effective.
DATES: This ‘‘direct final’’ rule is
effective on March 21, 2005 unless EPA
receives adverse written comments by
February 18, 2005. If adverse comment
is received, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit comments,
identified by Regional Material in
eDocket (RME) ID No. R05–OAR–2004–
OH–0003 by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://docket.epa.gov/
rmepub/. RME, EPA’s electronic public
docket and comment system, is EPA’s
preferred method for receiving
comments. Once in the system, select
‘‘quick search’’ then key in the
instructions for submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886–5824.
Mail: You may send written
comments to:
J. Elmer Bortzer, Chief, Air Programs
Branch, (AR–18J), Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your
comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR–18J), 18th
floor, U.S. Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, 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–0003.
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
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to EPA without going through RME or
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of this Federal Register.
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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 John
Paskevicz, Engineer, at (312) 886–6084,
before visiting the Region 5 office.) This
EPA office is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: John
Paskevicz, Engineer, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6084.
Paskevicz.john@epa.gov
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
A. What Is the Intent of Today’s Final
Rule?
B. Who Is Affected by Today’s Rule?
C. What Changes Did Ohio Make to Its NOX
SIP?
D. How Does This Change Affect NOX
Sources?
E. What Opportunities Were Provided by
Ohio for Public Input Into This Rule
Change?
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F. Why Is EPA Approving This Revision?
III. Final Action
IV. Supplementary Information—Electronic
Filing
V. Statutory and Executive Order Reviews
I. General Information
On August 5, 2002, at 67 FR 50600,
EPA published a completeness
determination that the Ohio NOX SIP
submittal contained all of the elements
of a NOX plan required for review. On
January 16, 2003, 68 FR 2211, we
published a direct final rule approving
Ohio’s submittal. This rule was
withdrawn on March 17, 2003, 68 FR
12590, before it became effective
because EPA received an adverse
comment on the flow control issue. On
August 5, 2003, 68 FR 46089, having
resolved flow control, EPA approved
Ohio’s NOX State Implementation Plan
(SIP), designed to reduce NOX emissions
from major fuel burning sources during
the ozone season. The Ohio SIP
specifically addressed emissions from
sources named in Ohio Administrative
Code (OAC) rules 3745–14 appendices
A and B. These 2 appendices identify
sources by location and plant
identification number and list NOX
allocations for each plant. Appendix B
lists NOX allowance allocations for the
ozone season for regulated nonelectrical generating units (non-EGUs).
Following the August 5, 2003
approval, EPA issued an NOX SIP Call
applicability statement which clarifies
inclusion of a specific NOX source
category [carbon monoxide (CO) boilers]
and gives States the option to include or
exclude this source category of boilers
in the trading program. These CO
boilers are associated with fluidized
catalytic cracking units (FCCU) found in
oil refineries and used to combust, and
thereby control, CO emissions and to
produce steam for use at the refinery.
NOX is produced by the FCCU and by
the CO boiler and the total vents
through the boiler stack. As fuel burning
sources, these units could be included
in the NOX trading program if the State
so desired. The EPA applicability
statement gives this option to the States.
The Ohio NOX SIP Call inventory for
non-EGUs includes some, but not all,
FCCU–CO boilers. Some boilers were
listed in the Ohio NOX inventory as CO
control equipment and some were listed
as energy recovery units. These
inventory inconsistencies also occurred
in other state inventories in NOX SIP
Call states. Because of these
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inconsistencies from state to state, EPA
developed its applicability statement to
allow each state with one or more
FCCU–CO boiler the option of
determining whether all of its large
FCCU–CO boilers are covered, or all of
its large FCCU–CO boilers are not
covered by the NOX SIP trading
program. However, in this option, EPA
does not intend to allow states to split
this category of sources by including
some, but not all, large FCCU–CO
boilers in the trading program. To
prevent splitting the category, EPA
needed to provide an explanation as to
how allowances would be addressed for
states like Ohio with some but not all
FCCU–CO sources in the rule.
II. Background
A. What Is the Intent of Today’s Final
Rule?
Today’s final rule resolves the
significant issue of applicability of this
rule to certain fuel burning units. It is
intended to give affected sources in
Ohio a clear indication that CO boilers
associated with fluidized catalytic
cracking units (FCCU) at oil refineries
are not subject to Ohio’s NOX budget
rule. This action excludes these units
from the NOX budget trading program
and the monitoring requirements of the
State rule, and clears up for owners of
these sources the question of whether or
not monitoring, record-keeping and
reporting requirements are required for
these sources.
B. Who Is Affected by Today’s Rule?
This rule revision affects all refineries
in Ohio which have carbon monoxide
boilers associated with fluidized
catalytic cracking units. There are three
refineries in Ohio which are affected by
this rule change. However, since the
beginning of the NOX trading program,
all three refineries have been granted an
exemption from the monitoring,
recordkeeping and reporting
requirements of the Ohio NOX budget
rule and the requirements of the NOX
SIP Call. The exemption was granted in
writing by EPA. Ohio had already
completed the change to its rules and
there was no need for the refiners to
request an exemption from Ohio.
C. What Changes Did Ohio Make to Its
NOX SIP?
Ohio made a number of changes to the
NOX rules as noted in Table I, below.
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TABLE I
Reference
Description of change
3745–14–01(B)(2)(h) ............
Changed the definition of ‘‘boiler’’ to exclude CO boilers associated with combusting CO from fluidized catalytic
crackers at petroleum refineries.
Changed the definition of ‘‘continuous emission monitoring system’’ to coincide with the definition in 40 CFR Part
97.
Corrected a typographical error, changed the word ‘‘combination’’ with the word ‘‘combustion.’’
Changed the applicability of the rules for cogeneration units.
Made minor corrections to references within this section of the rule.
This chapter was amended to add significant amounts of State EPA and Federal EPA materials through incorporation by reference (IBR). The text of the incorporated material is not included but the specific materials incorporated as they exist on the effective date of the State rule are made part of the regulations and are listed in
detail in the revised rule. Items included as part of the IBR are: the Clean Air Act and specific sections of Title
IV; specific elements of part 51, part 52, part 60, part 72, and part 75 of the Code of Federal Regulations, and
the Ohio EPA Weekly Review.
Made a minor correction to reference within this section of the rule.
This is the section of the Ohio rule which identifies the total number of allowances in the State’s trading budget.
The exclusion of FCCU–CO boilers from the requirements of the NOX program changes both the total number
of allowances and the number of allowances for regulated non- electric generating units listed in appendix B of
the State’s plan. Details regarding this change are found in the State’s revised budget demonstration. The revised total trading program budget includes 49,460 NOX allowances. The revised number of NOX allowances,
for non-electric generating units, is 4,028.
Appendix B is the list of regulated non-electric generating units subject to the 3745–14 NOX budget program.
This revised appendix reflects the exclusion of FCCU–CO boilers from the trading program. And it also incorporates the 16 NOX allowances for Premcor’s unit B026.
3745–14–01(B)(2)(q) ............
3745–14–01(B)(2)(z) ............
3745–14–01(C)(1) ................
3745–14–01(D)(2)(c) ............
3745–14–01(G) ....................
3745–14–03(B)(3)(a) ............
3745–14–05(A) .....................
3745–14 Appendix B ............
The Ohio NOX plan revision was
reviewed based on the elements set
forth in Appendix V, 40 CFR part 51.
The State’s submittal included: A
formal letter requesting approval of the
rule revision; evidence of legal
authority; evidence that the rules were
adopted in the Ohio Code; a copy of the
rule; evidence that Ohio followed the
requirements of the State’s
administrative procedures act; copy of
the public notice; evidence that a public
hearing was held; and copy of public
comments.
The submittal included a revised
budget demonstration, describing the
changes to the Ohio NOX emission
budget and the NOX trading budget.
Following original EPA approval of the
Ohio NOX plan, the State discovered
that an existing unit at the Premcor
Refinery in Lima, Ohio should have
been included in the rules as a regulated
unit but was not. It also discovered that
the rules regulated two CO boilers
associated with FCCU boilers at the
Sunoco Refinery in Ohio and did not
regulate two similar FCCU–CO boilers,
one belonging to Premcor Refinery and
one at BP Toledo Refinery. These
corrections are made in the Ohio rule
revision. The impact of these changes
on the trading budget is noted in Table
II. Ohio also learned that EPA had given
other States the option of regulating or
not regulating similar FCCU–CO boilers,
and moved to make the changes to its
rules. On the basis of this information,
Ohio initiated a change to its trading
rules which were made effective on May
5, 2004.
TABLE II
NoX emission budget
Company
Unit
Uncontrolled
2002 rule &
2004 revision
NOX allowance allocations
Controlled
2002 rule
2002 rule
2004 revision
2004 revision
Premcor .................................................
Sunoco ..................................................
B026 .................
B044 .................
B046 .................
40
78
56
40
31
22
16
78
56
0
36
19
16
0
0
Total for all non-EGUs ...................
...........................
50,001
49,194
40,251
4,067
4,028
D. How Does This Change Affect NOX
Sources?
CO boilers associated with fluidized
catalytic cracking units at oil refineries
are not required to be part of the NOX
trading program. This has significant
meaning for owners of these boilers
regarding annual operating costs for
monitoring and reporting. Allowances
are no longer available for these sources,
and potential income from the sale of
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emission reduction credits no longer
exists. More importantly for the owners
of the sources, because these units are
not part of the trading program, there is
no longer a requirement for these
sources to monitor, record and report
emissions of NOX for these units under
40 Code of Federal Regulations part 75.
This relieves the owners of these small
sources from the substantial burden and
expenses associated with the monitoring
requirements of the Ohio trading rule.
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E. What Opportunities Were Provided by
Ohio for Public Input Into This Rule
Change?
The Clean Air Act (Act) requires
States to allow the public an
opportunity to review and comment on
any State’s plan to implement
provisions of the Act. Section 110(a)(1)
of the Act states, ‘‘Each State shall, after
reasonable notice and public hearings,
adopt and submit to the Administrator
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* * * a plan * * *’’ Ohio provided
reasonable notice and public input.
Ohio’s Revised Administrative Code
states that the Director of the Ohio
Environmental Protection Agency
‘‘* * * may conduct public hearings on
any plan for the prevention, control, and
abatement of air pollution that the
director is required to submit to the
Federal government.’’ (Ohio Revised
Code Chapter 3704.03, Powers of the
director of environmental protection.)
On October 21, 2003, Ohio advised
the affected community of a proposed
rulemaking and public hearing
concerning Rules 3745–14–01, 3745–
14–03, and 3745–14–05 of the Ohio
Administrative Code. Notice was made
available to the public and affected
industries via Ohio EPA’s web site and
by direct electronic mail to the State’s
list of interested parties. This notice
announced a thirty-day comment period
beginning October 21, 2003. Comments
were received and the rule was revised
in response to the comments and again
made available on the State’s website. A
public hearing was held in Columbus on
March 11, 2004, at which no comments
were made, and no comments were
received via either U.S. Mail or
electronic mail.
Ohio published a notice of adoption
of amended rules, and in the notice
offered its citizens, and affected
industry, an opportunity to appeal the
Ohio EPA Director’s findings and
orders, and again sent an announcement
of this opportunity to the list of
interested parties. No appeals were
made. The revision was approved by the
Director and became effective on May 5,
2004.
F. Why Is EPA Approving This Revision?
EPA is approving this revision
because it conforms with the intent of
EPA’s applicability statement regarding
boilers associated with fluidized
catalytic cracking units located at oil
refineries. This applicability statement
or policy is available from the EPA
Clean Air Markets Division (CAMD.) A
copy of this policy is available at the
following Web link: https://
www.epa.gov/airmarkets/fednox/
boilerpolicy.pdf. The intent of the policy
has been articulated in letters to all
three sources in Ohio which are affected
by the Ohio NOX rule.1 In anticipation
of the pending changes to the Ohio
1 Letter dated June 28, 2004, from Sam
Napolitano, Director, Clean Air Markets Division,
EPA to Mr. Allen R. Ellet, Air Quality Team Leader,
BP Oil Company, Toledo Refinery, Toledo, Ohio. In
this letter, EPA approves an extension to the
deadline for compliance by the CO boiler with the
monitoring, recordkeeping and reporting
requirements of the Ohio NOX budget trading
program.
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trading rule, these sources petitioned
EPA and Ohio to exempt specific units
from the requirements of OAC 3745–14–
01, the monitoring, recordkeeping and
reporting requirement of the Ohio NOX
trading rule.
Prior to the May 31, 2004 start of the
trading program, EPA had already
exempted these sources from the
monitoring requirements. The
exemptions were based on requests from
the sources, and were made with the
understanding that Ohio, with guidance
from EPA, would amend its rules to
exempt these sources from monitoring,
and submit the rules to EPA to formalize
the revision to the Ohio NOX plan. EPA
agreed with the exemptions because the
units at these sources are considered
small emitters and were not factored
into the cost-effectiveness determination
in the development of the original EPA
rule. 63 FR 57356, October 27, 1998.
Also, many of these units which are
classified as CO emission control
equipment in some state inventories are
not significant emitters of NOX. EPA did
not intend these units to be included in
the NOX trading program because the
emissions from this category were
relatively small (less than 1 ton per day)
63 FR 57356, October 27, 1998. Ohio
corrected this applicability issue by
revising the State rule to exempt these
units from the requirements of the NOX
program. EPA agrees with the State’s
revision.
III. Final Action
We are approving Ohio’s revision to
the State’s NOX plan because it
continues to meet the requirements of
the EPA NOX trading program. The
State’s revision makes a minor
adjustment in the overall trading budget
which EPA had confirmed was
approvable. EPA agreed with Ohio prior
to the start of the 2004 ozone season that
this change would be approved and that
affected FCCU–CO boilers would not be
required to implement NOX rule
requirements as long as Ohio continued
to make progress to change the rules.
The rule changes affecting the definition
of boiler and adjusting the budget
became effective in the State on May 5,
2004. This adjustment in the budget was
recognized by EPA as a necessary
change to accommodate Ohio’s change
in the definition of ‘‘boiler’’ in the State
rule. EPA is publishing this action as a
final rule because it serves to implement
the intent of the NOX SIP Call and EPA
policy and improves operation of Ohio’s
NOX plan.
In the event we receive substantive
adverse comment, this direct final rule
will be withdrawn and all public
comments received will be addressed in
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a subsequent final rule based on a
proposed rule published elsewhere in
today’s Federal Register.
IV. Supplementary Information—
Electronic Filing
A. How Can I Get Copies of This
Document and Other Related
Information?
1. The Regional Office has established
an electronic public rulemaking file
available for inspection on RME and a
hard copy file which is available for
inspection at the Regional Office. EPA
has established an official public
rulemaking file for this action under
RME ID No. R05–OAR–2004–OH–0003.
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 Confidential
Business Information (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
https://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 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
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at the Regional Office for public
inspection.
B. 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 RME
‘‘R05–OAR–2004–OH–0003’’ 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.
For detailed instructions on
submitting public comments and on
what to consider as you prepare your
comments see the ADDRESSES section
and the section I General Information of
the SUPPLEMENTARY INFORMATION section
of the related proposed rule which is
published in the Proposed Rules section
of this Federal Register.
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.
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
(65 FR 67249, 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
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
For this reason, 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).
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.
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.).
In reviewing plan 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 plan
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.
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
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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. section 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. Section 804 exempts from
section 801 the following types of rules:
(1) Rules of particular applicability; (2)
rules relating to agency management or
personnel; (3) rules of agency
organization, procedure, or practice that
do not substantially affect the rights or
obligations of non-agency parties. 5
U.S.C. 804(3). EPA is not required to
submit a rule report regarding this
action under section 801 because this is
a rule of particular applicability.
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 March 21, 2005.
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,
Oxides of nitrogen, Reporting and
recordkeeping requirements.
Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations
The modified BFEs for each
community are available for inspection
I 2. Section 52.1870 is amended by
at the office of the Chief Executive
adding paragraph (c)(132) to read as
Officer of each community. The
follows:
respective addresses are listed in the
table below.
§ 52.1870 Identification of plan.
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
*
Doug Bellomo, P.E., Hazard
(c) * * *
Identification Section, Emergency
(132) On June 28, 2004, the Ohio
Preparedness and Response Directorate,
Environmental Protection Agency
Federal Emergency Management
submitted revisions to OAC rule 3745–
Agency, 500 C Street, SW., Washington,
14–01. These revisions change the
definition of ‘‘boiler’’ by excluding from DC 20472, (202) 646–2903.
the trading program carbon monoxide
SUPPLEMENTARY INFORMATION: The
(CO) boilers associated with combusting Federal Emergency Management Agency
CO from fluidized catalytic cracking
makes the final determinations listed
units at petroleum refineries, change the below for the modified BFEs for each
definition of continuous emission
community listed. These modified
monitoring system to coincide with the
elevations have been published in
definition in 40 CFR part 97, and change newspapers of local circulation and
the applicabililty of the rules for
ninety (90) days have elapsed since that
cogeneration units. The submittal also
publication. The Mitigation Division
includes revisions to OAC rule 3745–
Director of the Emergency Preparedness
14–03 (A housekeeping correction to
and Response Directorate has resolved
reference OAC Chapter 3745–77
any appeals resulting from this
concerning Title V operating permit)
notification.
and 3745–14–05 (Revising the number
The modified BFEs are not listed for
of trading program budget allowances
each community in this notice.
and source identification for the ozone
However, this rule includes the address
seasons 2004 through 2007).
of the Chief Executive Officer of the
(i) Incorporation by reference.
community where the modified BFE
(A) Ohio Administrative Code rules
determinations are available for
3745–14–01, 3745–14–03, and 3745–14– inspection.
05, effective May 25, 2004.
The modifications are made pursuant
to Section 206 of the Flood Disaster
[FR Doc. 05–1032 Filed 1–18–05; 8:45 am]
Protection Act of 1973, 42 U.S.C. 4105,
BILLING CODE 6560–50–P
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR Part 65.
DEPARTMENT OF HOMELAND
For rating purposes, the currently
SECURITY
effective community number is shown
Federal Emergency Management
and must be used for all new policies
Agency
and renewals.
The modified BFEs are the basis for
44 CFR Part 65
the floodplain management measures
that the community is required to either
Changes in Flood Elevation
adopt or to show evidence of being
Determinations
already in effect in order to qualify or
to remain qualified for participation in
AGENCY: Federal Emergency
the National Flood Insurance Program
Management Agency, Emergency
Preparedness and Response Directorate, (NFIP).
These modified BFEs, together with
Department of Homeland Security.
the floodplain management criteria
ACTION: Final rule.
required by 44 CFR 60.3, are the
SUMMARY: Modified Base (1% annualminimum that are required. They
chance) Flood Elevations (BFEs) are
should not be construed to mean that
finalized for the communities listed
the community must change any
below. These modified elevations will
existing ordinances that are more
be used to calculate flood insurance
stringent in their floodplain
premium rates for new buildings and
management requirements. The
their contents.
community may at any time enact
stricter requirements of its own, or
DATES: Effective Dates: The effective
pursuant to policies established by other
dates for these modified BFEs are
Federal, State, or regional entities.
indicated on the table below and revise
These modified BFEs are used to meet
the Flood Insurance Rate Maps (FIRMs)
in effect for the listed communities prior the floodplain management
requirements of the NFIP and are also
to this date.
ADDRESSES:
Subpart KK—Ohio
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2959
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in these
buildings.
The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act
This rule is categorically excluded
from the requirements of 44 CFR Part
10, Environmental Consideration. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act
The Mitigation Division Director of
the Emergency Preparedness and
Response Directorate certifies that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
modified base flood elevations are
required by the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are required to maintain community
eligibility in the NFIP. No regulatory
flexibility analysis has been prepared.
Regulatory Classification
This final rule is not a significant
regulatory action under the criteria of
Section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
Executive Order 12612, Federalism
This rule involves no policies that
have federalism implications under
Executive Order 12612, Federalism,
dated October 26, 1987.
Executive Order 12778, Civil Justice
Reform
This rule meets the applicable
standards of Section 2(b)(2) of Executive
Order 12778.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and record keeping
requirements.
I Accordingly, 44 CFR part 65 is
amended to read as follows:
PART 65—[AMENDED]
1. The authority citation for part 65
continues to read as follows:
I
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
I
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]]>Agencies
[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2954-2959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1032]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-OH-0003; FRL-7850-4]
Approval and Promulgation of State Implementation Plans; Ohio;
Revised Oxides of Nitrogen (NOX) Regulation and Revised NOX Trading
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On June 28, 2004, Ohio submitted an oxides of nitrogen
(NOX) State Implementation Plan (SIP) revision request to
EPA which included amended rules in Ohio Administrative Code (OAC). The
purpose of the SIP revision is to exclude from the NOX
trading program carbon monoxide boilers associated with fluidized
catalytic cracking units (FCCU). The revision also allocates additional
NOX allowances to the overall budget and to the trading
budget to correct a typographical error made in the original rule.
Removal of the FCCU boilers from the NOX trading program is
an option Ohio has elected to incorporate in its NOX SIP.
The Ohio SIP revision addresses some minor corrections in the rules and
also incorporates by reference specific elements of the NOX
SIP Call. EPA is approving the Ohio request because the changes conform
to EPA policy under the Clean Air Act. The collective emissions from
these sources are small and the administrative burden, to the states
and regulated entities, of controlling such sources is likely to be
considerable. Inclusion of these small NOX sources in the
NOX SIP Call control program would not be cost effective.
DATES: This ``direct final'' rule is effective on March 21, 2005 unless
EPA receives adverse written comments by February 18, 2005. If adverse
comment is received, EPA will publish a timely withdrawal of the rule
in the Federal Register and inform the public that the rule will not
take effect.
ADDRESSES: Submit comments, identified by Regional Material in eDocket
(RME) ID No. R05-OAR-2004-OH-0003 by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
on-line instructions for submitting comments. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search'' then key in the instructions for
submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to:
J. Elmer Bortzer, Chief, Air Programs Branch, (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR-18J), 18th floor, U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 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-
0003. 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
[[Page 2955]]
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 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 the related proposed rule which is
published in the Proposed Rules section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at https://www.epa.gov/edocket. 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 John Paskevicz, Engineer, at (312)
886-6084, before visiting the Region 5 office.) This EPA office is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6084.
Paskevicz.john@epa.gov
SUPPLEMENTARY INFORMATION:.
Table of Contents
I. General Information
II. Background
A. What Is the Intent of Today's Final Rule?
B. Who Is Affected by Today's Rule?
C. What Changes Did Ohio Make to Its NOX SIP?
D. How Does This Change Affect NOX Sources?
E. What Opportunities Were Provided by Ohio for Public Input
Into This Rule Change?
F. Why Is EPA Approving This Revision?
III. Final Action
IV. Supplementary Information--Electronic Filing
V. Statutory and Executive Order Reviews
I. General Information
On August 5, 2002, at 67 FR 50600, EPA published a completeness
determination that the Ohio NOX SIP submittal contained all
of the elements of a NOX plan required for review. On
January 16, 2003, 68 FR 2211, we published a direct final rule
approving Ohio's submittal. This rule was withdrawn on March 17, 2003,
68 FR 12590, before it became effective because EPA received an adverse
comment on the flow control issue. On August 5, 2003, 68 FR 46089,
having resolved flow control, EPA approved Ohio's NOX State
Implementation Plan (SIP), designed to reduce NOX emissions
from major fuel burning sources during the ozone season. The Ohio SIP
specifically addressed emissions from sources named in Ohio
Administrative Code (OAC) rules 3745-14 appendices A and B. These 2
appendices identify sources by location and plant identification number
and list NOX allocations for each plant. Appendix B lists
NOX allowance allocations for the ozone season for regulated
non-electrical generating units (non-EGUs).
Following the August 5, 2003 approval, EPA issued an NOX
SIP Call applicability statement which clarifies inclusion of a
specific NOX source category [carbon monoxide (CO) boilers]
and gives States the option to include or exclude this source category
of boilers in the trading program. These CO boilers are associated with
fluidized catalytic cracking units (FCCU) found in oil refineries and
used to combust, and thereby control, CO emissions and to produce steam
for use at the refinery. NOX is produced by the FCCU and by
the CO boiler and the total vents through the boiler stack. As fuel
burning sources, these units could be included in the NOX
trading program if the State so desired. The EPA applicability
statement gives this option to the States.
The Ohio NOX SIP Call inventory for non-EGUs includes
some, but not all, FCCU-CO boilers. Some boilers were listed in the
Ohio NOX inventory as CO control equipment and some were
listed as energy recovery units. These inventory inconsistencies also
occurred in other state inventories in NOX SIP Call states.
Because of these inconsistencies from state to state, EPA developed its
applicability statement to allow each state with one or more FCCU-CO
boiler the option of determining whether all of its large FCCU-CO
boilers are covered, or all of its large FCCU-CO boilers are not
covered by the NOX SIP trading program. However, in this
option, EPA does not intend to allow states to split this category of
sources by including some, but not all, large FCCU-CO boilers in the
trading program. To prevent splitting the category, EPA needed to
provide an explanation as to how allowances would be addressed for
states like Ohio with some but not all FCCU-CO sources in the rule.
II. Background
A. What Is the Intent of Today's Final Rule?
Today's final rule resolves the significant issue of applicability
of this rule to certain fuel burning units. It is intended to give
affected sources in Ohio a clear indication that CO boilers associated
with fluidized catalytic cracking units (FCCU) at oil refineries are
not subject to Ohio's NOX budget rule. This action excludes
these units from the NOX budget trading program and the
monitoring requirements of the State rule, and clears up for owners of
these sources the question of whether or not monitoring, record-keeping
and reporting requirements are required for these sources.
B. Who Is Affected by Today's Rule?
This rule revision affects all refineries in Ohio which have carbon
monoxide boilers associated with fluidized catalytic cracking units.
There are three refineries in Ohio which are affected by this rule
change. However, since the beginning of the NOX trading
program, all three refineries have been granted an exemption from the
monitoring, recordkeeping and reporting requirements of the Ohio
NOX budget rule and the requirements of the NOX
SIP Call. The exemption was granted in writing by EPA. Ohio had already
completed the change to its rules and there was no need for the
refiners to request an exemption from Ohio.
C. What Changes Did Ohio Make to Its NOX SIP?
Ohio made a number of changes to the NOX rules as noted
in Table I, below.
[[Page 2956]]
Table I
------------------------------------------------------------------------
Reference Description of change
------------------------------------------------------------------------
3745-14-01(B)(2)(h).......... Changed the definition of ``boiler'' to
exclude CO boilers associated with
combusting CO from fluidized catalytic
crackers at petroleum refineries.
3745-14-01(B)(2)(q).......... Changed the definition of ``continuous
emission monitoring system'' to coincide
with the definition in 40 CFR Part 97.
3745-14-01(B)(2)(z).......... Corrected a typographical error, changed
the word ``combination'' with the word
``combustion.''
3745-14-01(C)(1)............. Changed the applicability of the rules
for cogeneration units.
3745-14-01(D)(2)(c).......... Made minor corrections to references
within this section of the rule.
3745-14-01(G)................ This chapter was amended to add
significant amounts of State EPA and
Federal EPA materials through
incorporation by reference (IBR). The
text of the incorporated material is not
included but the specific materials
incorporated as they exist on the
effective date of the State rule are
made part of the regulations and are
listed in detail in the revised rule.
Items included as part of the IBR are:
the Clean Air Act and specific sections
of Title IV; specific elements of part
51, part 52, part 60, part 72, and part
75 of the Code of Federal Regulations,
and the Ohio EPA Weekly Review.
3745-14-03(B)(3)(a).......... Made a minor correction to reference
within this section of the rule.
3745-14-05(A)................ This is the section of the Ohio rule
which identifies the total number of
allowances in the State's trading
budget. The exclusion of FCCU-CO boilers
from the requirements of the NOX program
changes both the total number of
allowances and the number of allowances
for regulated non- electric generating
units listed in appendix B of the
State's plan. Details regarding this
change are found in the State's revised
budget demonstration. The revised total
trading program budget includes 49,460
NOX allowances. The revised number of
NOX allowances, for non-electric
generating units, is 4,028.
3745-14 Appendix B........... Appendix B is the list of regulated non-
electric generating units subject to the
3745-14 NOX budget program. This revised
appendix reflects the exclusion of FCCU-
CO boilers from the trading program. And
it also incorporates the 16 NOX
allowances for Premcor's unit B026.
------------------------------------------------------------------------
The Ohio NOX plan revision was reviewed based on the
elements set forth in Appendix V, 40 CFR part 51.
The State's submittal included: A formal letter requesting approval
of the rule revision; evidence of legal authority; evidence that the
rules were adopted in the Ohio Code; a copy of the rule; evidence that
Ohio followed the requirements of the State's administrative procedures
act; copy of the public notice; evidence that a public hearing was
held; and copy of public comments.
The submittal included a revised budget demonstration, describing
the changes to the Ohio NOX emission budget and the
NOX trading budget. Following original EPA approval of the
Ohio NOX plan, the State discovered that an existing unit at
the Premcor Refinery in Lima, Ohio should have been included in the
rules as a regulated unit but was not. It also discovered that the
rules regulated two CO boilers associated with FCCU boilers at the
Sunoco Refinery in Ohio and did not regulate two similar FCCU-CO
boilers, one belonging to Premcor Refinery and one at BP Toledo
Refinery. These corrections are made in the Ohio rule revision. The
impact of these changes on the trading budget is noted in Table II.
Ohio also learned that EPA had given other States the option of
regulating or not regulating similar FCCU-CO boilers, and moved to make
the changes to its rules. On the basis of this information, Ohio
initiated a change to its trading rules which were made effective on
May 5, 2004.
Table II
--------------------------------------------------------------------------------------------------------------------------------------------------------
NoX emission budget NOX allowance allocations
-------------------------------------------------------------------------------
Uncontrolled Controlled
Company Unit ------------------------------------------------
2002 rule & 2002 rule 2004 revision
2004 revision 2002 rule 2004 revision
--------------------------------------------------------------------------------------------------------------------------------------------------------
Premcor................................ B026........................... 40 40 16 0 16
Sunoco................................. B044........................... 78 31 78 36 0
B046........................... 56 22 56 19 0
-----------------
Total for all non-EGUs............. ............................... 50,001 49,194 40,251 4,067 4,028
--------------------------------------------------------------------------------------------------------------------------------------------------------
D. How Does This Change Affect NOX Sources?
CO boilers associated with fluidized catalytic cracking units at
oil refineries are not required to be part of the NOX
trading program. This has significant meaning for owners of these
boilers regarding annual operating costs for monitoring and reporting.
Allowances are no longer available for these sources, and potential
income from the sale of emission reduction credits no longer exists.
More importantly for the owners of the sources, because these units are
not part of the trading program, there is no longer a requirement for
these sources to monitor, record and report emissions of NOX
for these units under 40 Code of Federal Regulations part 75. This
relieves the owners of these small sources from the substantial burden
and expenses associated with the monitoring requirements of the Ohio
trading rule.
E. What Opportunities Were Provided by Ohio for Public Input Into This
Rule Change?
The Clean Air Act (Act) requires States to allow the public an
opportunity to review and comment on any State's plan to implement
provisions of the Act. Section 110(a)(1) of the Act states, ``Each
State shall, after reasonable notice and public hearings, adopt and
submit to the Administrator
[[Page 2957]]
* * * a plan * * *'' Ohio provided reasonable notice and public input.
Ohio's Revised Administrative Code states that the Director of the
Ohio Environmental Protection Agency ``* * * may conduct public
hearings on any plan for the prevention, control, and abatement of air
pollution that the director is required to submit to the Federal
government.'' (Ohio Revised Code Chapter 3704.03, Powers of the
director of environmental protection.)
On October 21, 2003, Ohio advised the affected community of a
proposed rulemaking and public hearing concerning Rules 3745-14-01,
3745-14-03, and 3745-14-05 of the Ohio Administrative Code. Notice was
made available to the public and affected industries via Ohio EPA's web
site and by direct electronic mail to the State's list of interested
parties. This notice announced a thirty-day comment period beginning
October 21, 2003. Comments were received and the rule was revised in
response to the comments and again made available on the State's
website. A public hearing was held in Columbus on March 11, 2004, at
which no comments were made, and no comments were received via either
U.S. Mail or electronic mail.
Ohio published a notice of adoption of amended rules, and in the
notice offered its citizens, and affected industry, an opportunity to
appeal the Ohio EPA Director's findings and orders, and again sent an
announcement of this opportunity to the list of interested parties. No
appeals were made. The revision was approved by the Director and became
effective on May 5, 2004.
F. Why Is EPA Approving This Revision?
EPA is approving this revision because it conforms with the intent
of EPA's applicability statement regarding boilers associated with
fluidized catalytic cracking units located at oil refineries. This
applicability statement or policy is available from the EPA Clean Air
Markets Division (CAMD.) A copy of this policy is available at the
following Web link: https://www.epa.gov/airmarkets/fednox/
boilerpolicy.pdf. The intent of the policy has been articulated in
letters to all three sources in Ohio which are affected by the Ohio
NOX rule.\1\ In anticipation of the pending changes to the
Ohio trading rule, these sources petitioned EPA and Ohio to exempt
specific units from the requirements of OAC 3745-14-01, the monitoring,
recordkeeping and reporting requirement of the Ohio NOX
trading rule.
---------------------------------------------------------------------------
\1\ Letter dated June 28, 2004, from Sam Napolitano, Director,
Clean Air Markets Division, EPA to Mr. Allen R. Ellet, Air Quality
Team Leader, BP Oil Company, Toledo Refinery, Toledo, Ohio. In this
letter, EPA approves an extension to the deadline for compliance by
the CO boiler with the monitoring, recordkeeping and reporting
requirements of the Ohio NOX budget trading program.
---------------------------------------------------------------------------
Prior to the May 31, 2004 start of the trading program, EPA had
already exempted these sources from the monitoring requirements. The
exemptions were based on requests from the sources, and were made with
the understanding that Ohio, with guidance from EPA, would amend its
rules to exempt these sources from monitoring, and submit the rules to
EPA to formalize the revision to the Ohio NOX plan. EPA
agreed with the exemptions because the units at these sources are
considered small emitters and were not factored into the cost-
effectiveness determination in the development of the original EPA
rule. 63 FR 57356, October 27, 1998. Also, many of these units which
are classified as CO emission control equipment in some state
inventories are not significant emitters of NOX. EPA did not
intend these units to be included in the NOX trading program
because the emissions from this category were relatively small (less
than 1 ton per day) 63 FR 57356, October 27, 1998. Ohio corrected this
applicability issue by revising the State rule to exempt these units
from the requirements of the NOX program. EPA agrees with
the State's revision.
III. Final Action
We are approving Ohio's revision to the State's NOX plan
because it continues to meet the requirements of the EPA NOX
trading program. The State's revision makes a minor adjustment in the
overall trading budget which EPA had confirmed was approvable. EPA
agreed with Ohio prior to the start of the 2004 ozone season that this
change would be approved and that affected FCCU-CO boilers would not be
required to implement NOX rule requirements as long as Ohio
continued to make progress to change the rules. The rule changes
affecting the definition of boiler and adjusting the budget became
effective in the State on May 5, 2004. This adjustment in the budget
was recognized by EPA as a necessary change to accommodate Ohio's
change in the definition of ``boiler'' in the State rule. EPA is
publishing this action as a final rule because it serves to implement
the intent of the NOX SIP Call and EPA policy and improves
operation of Ohio's NOX plan.
In the event we receive substantive adverse comment, this direct
final rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on a proposed rule published
elsewhere in today's Federal Register.
IV. Supplementary Information--Electronic Filing
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection on RME and a hard copy file
which is available for inspection at the Regional Office. EPA has
established an official public rulemaking file for this action under
RME ID No. R05-OAR-2004-OH-0003. 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 Confidential Business Information (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 https://
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 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
[[Page 2958]]
at the Regional Office for public inspection.
B. 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 RME ``R05-OAR-2004-OH-
0003'' 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.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
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
For this reason, 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 (65
FR 67249, 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 plan 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 plan 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. section 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. Section 804 exempts from section 801 the
following types of rules: (1) Rules of particular applicability; (2)
rules relating to agency management or personnel; (3) rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding this action under
section 801 because this is a rule of particular applicability.
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 March 21, 2005. 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, Oxides of nitrogen, Reporting
and recordkeeping requirements.
Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, Chapter I, 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.
[[Page 2959]]
Subpart KK--Ohio
0
2. Section 52.1870 is amended by adding paragraph (c)(132) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(132) On June 28, 2004, the Ohio Environmental Protection Agency
submitted revisions to OAC rule 3745-14-01. These revisions change the
definition of ``boiler'' by excluding from the trading program carbon
monoxide (CO) boilers associated with combusting CO from fluidized
catalytic cracking units at petroleum refineries, change the definition
of continuous emission monitoring system to coincide with the
definition in 40 CFR part 97, and change the applicabililty of the
rules for cogeneration units. The submittal also includes revisions to
OAC rule 3745-14-03 (A housekeeping correction to reference OAC Chapter
3745-77 concerning Title V operating permit) and 3745-14-05 (Revising
the number of trading program budget allowances and source
identification for the ozone seasons 2004 through 2007).
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and
3745-14-05, effective May 25, 2004.
[FR Doc. 05-1032 Filed 1-18-05; 8:45 am]
BILLING CODE 6560-50-P
