Approval and Promulgation of Air Quality Implementation Plans; Ohio; Reasonably Available Control Technology, Oxides of Nitrogen, Cleveland Ozone Non-Attainment, 48754-48758 [2011-20205]
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Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
Dated: July 21 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2011–20091 Filed 8–8–11; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
33 U.S.C. 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 165.904 by revising
paragraph (a) to read as follows:
§ 165.904 Lake Michigan at Chicago
Harbor & Burnham Park Harbor—Safety and
Security Zone.
(a) Location. All waters of Lake
Michigan within Burnham Park Harbor
shoreward of a line across the entrance
of the harbor connecting coordinates
41°51′09″ N, 87°36′36″ W and 41°51′11″
N, 87°36′22″ W.
*
*
*
*
*
3. In § 165.910, revise paragraph
(a)(1),(a)(1)(i) and add paragraphs (a)(10)
and (a)(11) to read as follows:
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§ 165.910 Security Zones; Captain of the
Port Lake Michigan.
(a) * * *
(1) Jardine Water Filtration Plant.
(i) Location. All waters of Lake
Michigan within the arc of a 100-yard
radius with its center located on the
north wall of Jardine Water Filtration
Plant, approximate position 41°53′46″
N, 87°36′23″ W; (NAD 83)
*
*
*
*
*
(10) Wilson Avenue Intake Crib. All
waters of Lake Michigan within the arc
of a circle with a 100-yard radius of the
Wilson Avenue Crib with its center in
approximate position 41°58′00″ N,
87°35′30″ W. (NAD 83)
(11) Four Mile Intake Crib. All waters
of Lake Michigan within the arc of a
circle with a 100-yard radius of the Four
Mile Crib with its center in approximate
position 41°52′40″ N, 87°32′45″ W.
(NAD 83)
*
*
*
*
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2008–0032; FRL–9449–9]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Reasonably Available Control
Technology, Oxides of Nitrogen,
Cleveland Ozone Non-Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve,
under the Clean Air Act (CAA),
revisions to the Ohio State
Implementation Plan (SIP) submitted on
January 3, 2008 and June 1, 2011. These
revisions incorporate provisions related
to the implementation of nitrogen
oxides (NOX) Reasonably Available
Control Technology (RACT) for major
sources in the former Cleveland-AkronLorain moderate ozone nonattainment
area. These rules are not required
because, as established in section 182(f)
of the CAA, NOX emission control
requirements do not apply if the
resulting emission reductions are not
needed to demonstrate attainment of the
8-hour ozone standard, which is the
case for the former Cleveland-AkronLorain moderate ozone nonattainment
area. However, these rules are being
submitted and approved for their SIP
strengthening effect as the control
requirements in the submitted rules
result in a RACT level of control.
DATES: Comments must be received on
or before September 8, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2008–0032, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 692–2511.
• Mail: John Mooney, Chief, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
• Hand Delivery: John Mooney, Chief,
Air Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
SUMMARY:
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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–2008–
0032. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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
https://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 https://
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
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region 5, Air and Radiation
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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
Federal holidays. We recommend that
you telephone Steven Rosenthal,
Environmental Engineer, at (312) 886–
6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052,
Rosenthal.steven@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. What should I consider as I prepare my
comments for EPA?
II. What action is EPA taking today and what
is the purpose of this action?
III. What is EPA’s analysis of Ohio’s NOX
RACT rule?
IV. Statutory and Executive Order Reviews
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I. What should I consider as I prepare
my comments for EPA?
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. What action is EPA taking today and
what is the purpose of this action?
EPA is proposing to approve Ohio’s
new rule for the control of NOX into the
Ohio SIP. This rule, Ohio
Administrative Code (OAC) 3745–110
‘‘Nitrogen Oxides—Reasonably
Available Control Technology,’’ was
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submitted to EPA on January 3, 2008,
and June 1, 2011. This rule consists of
the following sections: OAC 3745–110–
01 ‘‘Definitions,’’ OAC 3745–110–02
‘‘Applicability,’’ OAC 3745–21–110
‘‘RACT requirements and/or limitations
for emissions of NOX from stationary
sources,’’ OAC 3745–11–04
‘‘Compliance deadlines,’’ and OAC
3745–110–05 ‘‘Compliance methods.’’
The CAA amendments of 1990
introduced the requirement for existing
major (100 tons per year in moderate
nonattainment areas) stationary sources
of NOX in nonattainment areas to install
and operate NOX RACT. Specifically,
section 182(f) establishes NOX emission
control requirements for ozone
nonattainment areas. It provides that
these emission control requirements,
however, do not apply to an area if the
Administrator determines that NOX
emission reductions would not
contribute to attainment of the ozone
standard. EPA’s January 2005
document, ‘‘Guidance on Limiting
Nitrogen Oxides Requirements Related
to 8-Hour Ozone Implementation,’’
provides guidance for demonstrating
that further NOX reduction in an ozone
nonattainment area will not contribute
to ozone attainment. The guidance
provides that three consecutive years of
monitoring data showing attainment of
the standard without implementation of
section 182(f) NOX provisions is
adequate to demonstrate that
‘‘additional reductions of oxides of
nitrogen would not contribute to
attainment * * *.’’ CAA section
182(f)(1)(A). As described in the
guidance document, approval of this
type of NOX exemption is contingent on
continued monitored attainment of the
standard.
On March 17, 2009, Ohio submitted a
request for a waiver from the section
182(f) NOX requirements for the
Cleveland-Akron-Lorain area based on
monitoring data for the years 2006–2008
showing attainment of the 8-hour ozone
standard in the area. Based on these
data, EPA approved Ohio’s request for
an exemption from the section 182(f)
NOX requirements in the ClevelandAkron-Lorain area on September 15,
2009. Because of this NOX waiver the
Ohio EPA is not required to adopt and
implement NOX emission control
regulations pursuant to section 182(f)
for the Cleveland-Akron-Lorain area to
qualify for redesignation. The waiver
request notwithstanding, Ohio EPA
submitted NOX RACT rules to EPA on
January 3, 2008, and June 1, 2011, and
has included NOX RACT in the list of
contingency measures in the
maintenance plan for the area.
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III. What is EPA’s analysis of Ohio’s
NOX RACT rule?
These NOX RACT rules are
approvable because they are enforceable
and, for the sources covered, meet all of
EPA’s requirements except for the
compliance dates. As discussed above,
these rules are not required because of
the NOX waiver for the ClevelandAkron-Loraine (former nonattainment)
area. A discussion of these rules
follows.
3745–110–01—Definitions
This section contains definitions that
are necessary and appropriate for the
remainder of Ohio’s NOX RACT rule.
3745–110–02—Applicability
This rule identifies the categories of
NOX sources subject to the control
requirements in rule 3745–110–03. It
applies to existing very large boilers
(greater than 250 mmBtu/hr), large
boilers (100 mmBtu/hr to 250 mmBTU/
hr), mid-size boilers (50 mmBtu/hr to
100 mmBtu/hr), small boilers (20 to 50
mmBtu/hr), stationary combustion
turbines and stationary internal
combustion engines or to any stationary
source of NOX that is located at a facility
that emits or has the potential to emit
over 100 tons per year of NOX emissions
from all sources at the facility and the
source is located in Ashtabula,
Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, or Summit County.
The control requirements in rule 3745–
110–03 also apply to new (after 1974) or
modified very large boilers, large
boilers, mid-size boilers, small boilers,
stationary combustion turbines, and
stationary internal combustion engines.
3745–110–03—RACT Requirements for
Stationary Sources
This chapter contains control
requirements for industrial boilers,
stationary combustion turbines, and
stationary internal combustion engines.
The emission limits contained in this
chapter for industrial boilers (provided
below), stationary combustion turbines,
and stationary internal combustion
engines are consistent with EPA
guidance (generally requiring
combustion controls) and other state
RACT evaluations.
(A) Small boilers.
The owner or operator of a small
boiler must annually perform a tune-up
and maintain, in a permanently bound
log book, or other format approved in
writing by the Director of Ohio EPA, the
following information:
a) The date of the last tune-up;
b) The name, title and affiliation of
the person who performed the tune-up
and made any adjustments; and
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c) Any other information which the
Ohio environmental protection agency
may require as a condition of approval
of any permit for the boiler.
(B) Mid-size, large and very large
boilers.
Except as otherwise provided in
paragraphs (I) and (J) of this rule, on and
after the compliance deadline specified
by rule 3745–110–04 of the
Administrative Code, no owner or
operator of a mid-size, large, or very
large boiler shall allow or permit the
discharge into the ambient air of any
NOX emissions in excess of the
following:
EMISSIONS LIMITATIONS
[Pounds of NOX Emissions per mmBtu]
Fuel type
Tangential-fired
Wall-fired
Cyclone-fired
1 0.10
1 0.10
1 0.12
Overfeed stokerfired
N/A
N/A
N/A
N/A
2 0.30
N/A
N/A
N/A
N/A
2 0.30
N/A
1 0.12
Gas Only ..........................................................
Distillate Oil ......................................................
Residual Oil ......................................................
Coal (Wet Bottom) ...........................................
Coal (Dry Bottom) ............................................
Spreader stokerfired
1 0.12
2 0.23
2 0.23
2 0.23
2 0.30
2 0.30
2 0.30
2 0.30
2 0.30
2 0.30
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The NOX emission limitations for the boilers specified above may be achieved by employing the NOX emission control technologies specified
below.
1 low NO burners (LNB)
X
2 low NO burners (LNB) in conjunction with flue gas recirculation (FGR) or over-fired air (OFA) as applicable.
X
This rule does not contain control
requirements for electric generating
units (EGUs). EPA’s Cross-State Air
Pollution Rule provides statewide, not
unit specific, limits for EGUs. This
rulemaking does not address whether
unit specific limits are needed to satisfy
RACT.
Ohio’s rule allows an emission
averaging program in lieu of the
applicable emission limits for industrial
boilers, stationary combustion turbines,
and stationary internal combustion
engines. However, Ohio’s rule states
that an emission averaging program
shall not be Federally enforceable until
EPA approves the program as part of the
Ohio SIP. Any such averaging program
would therefore have to be consistent
with ‘‘Improving Air Quality with
Economic Incentive Programs, EPA–
452/R–01–001, January 2001.’’ Ohio’s
submittal includes no such averaging
programs. EPA will review any such
programs if and when submitted by
Ohio.
This chapter also requires site-specific
RACT evaluations (or RACT studies) for
any applicable source that is not an
industrial boiler, stationary combustion
turbine, or stationary internal
combustion engines. Site-specific RACT
evaluations are also allowed for
industrial boilers, stationary combustion
turbines, and stationary internal
combustion engines if the owner or
operator claims that the applicable limit
is economically unreasonable and/or
technically infeasible. These RACT
studies consist of a detailed engineering
study to determine the technical and
economic feasibility of reducing the
NOX emissions and to define RACT for
the source. Any definition of RACT and
schedule of compliance shall be
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submitted to and approved by EPA as a
revision of the Ohio SIP.
This chapter contains site-specific
RACT requirements for four sources.
Compliance for all of these sources is
required by the effective date of the rule,
which is May 12, 2011. These sources
are:
(1) The Northeast Ohio Regional
Sewer District—Southerly Wastewater
Treatment Center in Cuyahoga Heights
This facility has two mid-sized
natural gas fired boilers, with low NOX
burners, for which the presumptive
limit is 0.10 lb of NOX/mmBTU. The use
of ultra low NOX burners was
considered but rejected because they
would only provide an additional 18
percent reduction and a costeffectiveness of over $50,000 per ton of
NOX removed. The requested limits of
0.15 lb of NOX/mmBTU, based upon the
use of low-NOX burners, can therefore
be reasonably considered to represent
RACT for these boilers under these
particular circumstances.
(2) ArcelorMittal Cleveland Inc.
ArcelorMittal has 12 emission units
located at its facility which are not one
of the specific source types with
specified limits. A 0.35 lb/mmBTU limit
for the three reheat furnaces at its Hot
Strip Mill is based upon the installation
of 240 low NOX burners which has
resulted in a 51 percent reduction in
NOX emission. The Continuous
Galvanizing Line is equipped with a low
NOX burner providing an estimated 50
percent NOX emission reduction
resulting in an emission limit of 0.23 lb/
mmBTU. The remaining emissions units
burn natural gas or blast furnace gas as
fuel and generate relatively low NOX
emissions and are subject to limits from
0.06–0.10 lb/mmBTU. For the reasons
provided above, the above limits can
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reasonably be considered to represent
RACT under these particular
circumstances.
(3) Republic Engineered Products
Republic Engineered products has 2
reheat furnaces at its facility which are
not one of the specific source types with
specified limits. These furnaces use low
NOX burners with resulting emission
limitations of 0.15 and 0.132 lb/
mmBTU. These limits can reasonably be
considered to represent RACT, under
these particular circumstances, because
the additional reductions that could be
obtained with post-combustion controls
are not cost-effective.
(4) United States Steel Lorain Tubular
Operations
United States Steel Lorain Tubular
Operations has several furnaces at its
facility which are not one of the specific
source types with specified limits.
Emissions Units P003, P0037 and P040
are subject to limits of 0.068 lb/mmBTU,
0.15 lb/mmBTU and 0.15 lb/mmBTU.
These limits are based upon the
continued use of low NOX burners
because post combustion controls are
not cost-effective. RACT limits have not
yet been established for Emission Units
P035 and P039.
It should be noted that there are other
subject sources for which RACT limits
have not yet been established.
The emission limits specified in this
rule are based upon either of the
following:
(1) The average of three one-hour
stack test runs if stack testing is used to
demonstrate compliance; or
(2) A twenty-four-hour inputweighted average if a continuous
emissions monitor is used to
demonstrate compliance.
Both of these are accepted methods for
determining the lbs of NOX/mmBTU.
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3745–110–04
3745–110–05
Compliance Deadlines
The effective date of this chapter is
December 22, 2007. For facilities that
have not conducted a RACT study,
compliance is required by December 22,
2009, if combustion modifications are
required to achieve compliance with the
limits in 3745–21–03 or December 22,
2010, if add-on controls are required to
demonstrate compliance.
For facilities conducting a RACT
study, compliance is required by two
years after approval by the Director of
Ohio EPA if combustion modifications
are required to demonstrate compliance.
Compliance is required by three years
after approval by the Director if add-on
controls are needed to demonstrate
compliance. The four facilities
identified in the discussion of rule
3745–110–03, and for which RACT
studies have been approved, were
required to have achieved compliance
by May 2, 2011.
The general emission limits for
industrial boilers, stationary combustion
turbines, and stationary internal
combustion engines represent RACT. In
addition, the limits for the four facilities
resulting from RACT studies can
reasonably be considered to represent
RACT under the specified
circumstances. It should be noted that
there are other facilities for which RACT
studies are being developed that are not
currently complying with NOX RACT.
EPA expects that Ohio will adopt and
submit limits for those sources once the
studies are complete, and EPA will
evaluate those limits at that time. To the
extent that the facilities are subject to
specific limits under rule 3745–110–03,
compliance with those limits is required
now, unless and until a revised limit is
approved.
EPA’s November 29, 2005, ‘‘Final
Rule To Implement the 8-Hour Ozone
National Ambient Air Quality
Standard—Phase 2’’ (70 FR 71612)
required that compliance be achieved by
March 2009. Rule 3745–110–04
provides for compliance dates after
March 2009, but the compliance date
has now passed for all sources that are
subject to the NOX limits in this rule.
Therefore, there is no longer any ozone
air quality impact from allowing
facilities to have compliance deadlines
after 2009 (and there is also no way that
these facilities can ever meet the March
2009 deadline). Finally, since Ohio is
not currently required to adopt RACT
rules, Ohio is not required to have
RACT rules with a March 2009
compliance date.
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Compliance Methods
This rule requires that a source which
is subject to the requirements of rule
3745–110–03 demonstrate compliance
with the applicable emission limits by
performing emission tests in accordance
with EPA Method 7, 7A, 7C, 7D, or 7E,
and any additional approved EPA
methods as applicable.
Any continuous emissions monitoring
system for NOX shall meet the
requirements of Performance
Specification 2, 40 CFR Part 60,
Appendix B and quality assurance
procedures contained in 40 CFR Part 60,
Appendix F or 40 CFR Part 75.
These are the appropriate EPA
approved methods for establishing
compliance.
Conclusion
These rules are not required because,
as established in section 182(f) of the
CAA, NOX emission control
requirements do not apply if the
resulting emission reductions are not
needed to demonstrate attainment of the
8-hour ozone standard, which is the
case for the former Cleveland-AkronLorain moderate ozone nonattainment
area. However, these rules are being
submitted and approved for their SIP
strengthening effect. In addition, EPA
believes that the control requirements in
the submitted rules mandate an
acceptable RACT level of control.
As indicated above, these rules do not
apply to EGUs. In addition, there are
other otherwise applicable sources that
are not subject to these rules because
their RACT studies have not as yet been
approved. Finally, compliance
deadlines for some sources are later
than the March 2009, deadline that was
established in EPA’s phase 2 guidance
for areas required to adopt RACT rules
pursuant to the 1997 8-hour ozone
standard. However, EPA is satisfied that
the limits for sources covered in Ohio’s
rule are RACT-level limits, and EPA
finds the compliance dates acceptable
given that the RACT requirements (and
associated compliance deadline
requirements) do not apply and given
that in any case all sources are now
required to be in compliance.
These rules are therefore being
proposed for approval because they
provide additional NOX control
requirements and therefore strengthen
the effectiveness of the SIP.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
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48757
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
E:\FR\FM\09AUP1.SGM
09AUP1
48758
Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules
recordkeeping requirements, Volatile
organic compounds.
Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–20205 Filed 8–8–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 85, 86, and 600
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 531 and 533
[EPA–HQ–OAR–2010–0799; FRL–9448–7;
NHTSA–2010–0131]
RIN 2060–AQ54; RIN 2127–AK79
2017–2025 Model Year Light-Duty
Vehicle GHG Emissions and CAFE
Standards: Supplemental Notice of
Intent
How can I get copies of this document
and other related information?
National Highway Traffic
Safety Administration (NHTSA), and
Environmental Protection Agency
(EPA).
ACTION: Supplemental Notice of Intent.
AGENCY:
President Obama issued a
Presidential Memorandum on May 21,
2010, concerning the development of a
new generation of clean cars and trucks
through innovative technologies and
manufacturing. The President requested
that EPA and NHTSA, on behalf of the
Department of Transportation, develop,
through notice and comment
rulemaking, a coordinated National
Program under the Clean Air Act (CAA)
and the Energy Policy and Conservation
Act (EPCA), as amended by the Energy
Independence and Security Act (EISA),
to reduce fuel consumption by and
greenhouse gas emissions of light-duty
vehicles for model years 2017–2025.
This notice of intent generally
describes the joint proposal that the
EPA and NHTSA expect to issue to
establish the National Program for
model years 2017–2025. The agencies
are developing the proposal based on
extensive technical analyses, an
examination of the factors required
under the respective statutes and on
discussions with individual motor
vehicle manufacturers and other
stakeholders. The National Program
would apply to passenger cars, lightduty trucks, and medium-duty
passenger vehicles (light-duty vehicles)
built in those model years.
jlentini on DSK4TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:11 Aug 08, 2011
Jkt 223001
The agencies currently expect to
issue a proposal for a coordinated
National Program for model year 2017–
2025 light-duty vehicles by
September 28, 2011, and a final rule by
July 31, 2012.
ADDRESSES: See the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
EPA: Christopher Lieske, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734–214–
4584; fax number: 734–214–4816;
e-mail address:
lieske.christopher@epa.gov, or contact
the Assessment and Standards Division;
e-mail address: otaqpublicweb@epa.gov.
DOT/NHTSA: Rebecca Yoon, Office of
Chief Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Telephone: (202) 366–2992.
SUPPLEMENTARY INFORMATION:
DATES:
NHTSA and EPA have established
dockets for the already issued notices
and upcoming rulemaking under Docket
ID numbers NHTSA–2010–0131 and
EPA–HQ–OAR–2010–0799,
respectively. You may read the
materials placed in the dockets (e.g., the
TAR and the comments submitted in
response to the first NOI 1 by other
interested persons) at any time by going
to https://www.regulations.gov. Follow
the online instructions for accessing the
dockets.
You may also read the materials at the
EPA Docket Center or NHTSA Docket
Management Facility at the following
locations: EPA: EPA Docket Center,
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744.
NHTSA: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Rm. W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
The Docket Management Facility is
open between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except
Federal holidays.
The dockets established by the
agencies will remain open for the
duration of the rulemaking.
1 75
PO 00000
FR 62739 (Oct. 13, 2010).
Frm 00017
Fmt 4702
Sfmt 4702
I. Background and Introduction
Following the successful adoption of
a National Program for greenhouse gas
emissions (GHG) and fuel economy
standards for model years (MY) 2012–
2016 vehicles, the President issued a
Memorandum on May 21, 2010
requesting that the Environmental
Protection Agency (EPA) and the
National Highway Traffic Safety
Administration (NHTSA), on behalf of
the Department of Transportation, work
together to develop a national program
for model years 2017–2025. Specifically,
he requested that the agencies develop
‘‘ * * * a coordinated national program
under the CAA [Clean Air Act] and the
EISA [Energy Independence and
Security Act of 2007] to improve fuel
efficiency and to reduce greenhouse gas
emissions of passenger cars and lightduty trucks of model years 2017–
2025.’’ 2 The President recognized our
country could take a leadership role in
addressing the global challenges of
improving energy security and reducing
greenhouse gas pollution, stating that
‘‘America has the opportunity to lead
the world in the development of a new
generation of clean cars and trucks
through innovative technologies and
manufacturing that will spur economic
growth and create high-quality domestic
jobs, enhance our energy security, and
improve our environment.’’
Since that time, the agencies have
worked with the state of California, as
requested by the President, to address
all elements requested in the May 21,
2010 memorandum. We completed an
initial assessment of the technologies,
strategies and underlying analyses that
would be considered in setting
standards for MYs 2017–2025 in
consultation with a wide range of
stakeholders.3 The Interim Technical
Assessment Report (TAR) and a Notice
of Intent (NOI) to conduct a joint
rulemaking were concluded on
September 30, 2010.4 Following the
opportunity for public comment on the
interim TAR and NOI, the agencies
developed and published a
Supplemental NOI (SNOI) 5 in
December 2010 highlighting many of the
key comments received in response to
the September NOI, and to the TAR. The
Supplemental NOI also discussed the
agencies’ plans for many of the key
technical analyses that have been and
2 The Presidential Memorandum is found at:
https://www.whitehouse.gov/the-press-office/
presidential-memorandum-regarding-fuelefficiency-standards.
3 In addition, NHTSA will consider analyses it is
required to conduct under the National
Environmental Policy Act.
4 75 FR 62739, October 13, 2010.
5 75 FR 76337, December 8, 2010.
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]]>Agencies
[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Proposed Rules]
[Pages 48754-48758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20205]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0032; FRL-9449-9]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Reasonably Available Control Technology, Oxides of Nitrogen,
Cleveland Ozone Non-Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve, under the Clean Air Act (CAA),
revisions to the Ohio State Implementation Plan (SIP) submitted on
January 3, 2008 and June 1, 2011. These revisions incorporate
provisions related to the implementation of nitrogen oxides
(NOX) Reasonably Available Control Technology (RACT) for
major sources in the former Cleveland-Akron-Lorain moderate ozone
nonattainment area. These rules are not required because, as
established in section 182(f) of the CAA, NOX emission
control requirements do not apply if the resulting emission reductions
are not needed to demonstrate attainment of the 8-hour ozone standard,
which is the case for the former Cleveland-Akron-Lorain moderate ozone
nonattainment area. However, these rules are being submitted and
approved for their SIP strengthening effect as the control requirements
in the submitted rules result in a RACT level of control.
DATES: Comments must be received on or before September 8, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0032, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 692-2511.
Mail: John Mooney, Chief, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Hand Delivery: John Mooney, Chief, 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-
2008-0032. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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
https://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 https://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 https://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation
[[Page 48755]]
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 Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052,
Rosenthal.steven@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. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking today and what is the purpose of this
action?
III. What is EPA's analysis of Ohio's NOX RACT rule?
IV. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What action is EPA taking today and what is the purpose of this
action?
EPA is proposing to approve Ohio's new rule for the control of
NOX into the Ohio SIP. This rule, Ohio Administrative Code
(OAC) 3745-110 ``Nitrogen Oxides--Reasonably Available Control
Technology,'' was submitted to EPA on January 3, 2008, and June 1,
2011. This rule consists of the following sections: OAC 3745-110-01
``Definitions,'' OAC 3745-110-02 ``Applicability,'' OAC 3745-21-110
``RACT requirements and/or limitations for emissions of NOX
from stationary sources,'' OAC 3745-11-04 ``Compliance deadlines,'' and
OAC 3745-110-05 ``Compliance methods.''
The CAA amendments of 1990 introduced the requirement for existing
major (100 tons per year in moderate nonattainment areas) stationary
sources of NOX in nonattainment areas to install and operate
NOX RACT. Specifically, section 182(f) establishes
NOX emission control requirements for ozone nonattainment
areas. It provides that these emission control requirements, however,
do not apply to an area if the Administrator determines that
NOX emission reductions would not contribute to attainment
of the ozone standard. EPA's January 2005 document, ``Guidance on
Limiting Nitrogen Oxides Requirements Related to 8-Hour Ozone
Implementation,'' provides guidance for demonstrating that further
NOX reduction in an ozone nonattainment area will not
contribute to ozone attainment. The guidance provides that three
consecutive years of monitoring data showing attainment of the standard
without implementation of section 182(f) NOX provisions is
adequate to demonstrate that ``additional reductions of oxides of
nitrogen would not contribute to attainment * * *.'' CAA section
182(f)(1)(A). As described in the guidance document, approval of this
type of NOX exemption is contingent on continued monitored
attainment of the standard.
On March 17, 2009, Ohio submitted a request for a waiver from the
section 182(f) NOX requirements for the Cleveland-Akron-
Lorain area based on monitoring data for the years 2006-2008 showing
attainment of the 8-hour ozone standard in the area. Based on these
data, EPA approved Ohio's request for an exemption from the section
182(f) NOX requirements in the Cleveland-Akron-Lorain area
on September 15, 2009. Because of this NOX waiver the Ohio
EPA is not required to adopt and implement NOX emission
control regulations pursuant to section 182(f) for the Cleveland-Akron-
Lorain area to qualify for redesignation. The waiver request
notwithstanding, Ohio EPA submitted NOX RACT rules to EPA on
January 3, 2008, and June 1, 2011, and has included NOX RACT
in the list of contingency measures in the maintenance plan for the
area.
III. What is EPA's analysis of Ohio's NOX RACT rule?
These NOX RACT rules are approvable because they are
enforceable and, for the sources covered, meet all of EPA's
requirements except for the compliance dates. As discussed above, these
rules are not required because of the NOX waiver for the
Cleveland-Akron-Loraine (former nonattainment) area. A discussion of
these rules follows.
3745-110-01--Definitions
This section contains definitions that are necessary and
appropriate for the remainder of Ohio's NOX RACT rule.
3745-110-02--Applicability
This rule identifies the categories of NOX sources
subject to the control requirements in rule 3745-110-03. It applies to
existing very large boilers (greater than 250 mmBtu/hr), large boilers
(100 mmBtu/hr to 250 mmBTU/hr), mid-size boilers (50 mmBtu/hr to 100
mmBtu/hr), small boilers (20 to 50 mmBtu/hr), stationary combustion
turbines and stationary internal combustion engines or to any
stationary source of NOX that is located at a facility that
emits or has the potential to emit over 100 tons per year of
NOX emissions from all sources at the facility and the
source is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,
Portage, or Summit County. The control requirements in rule 3745-110-03
also apply to new (after 1974) or modified very large boilers, large
boilers, mid-size boilers, small boilers, stationary combustion
turbines, and stationary internal combustion engines.
3745-110-03--RACT Requirements for Stationary Sources
This chapter contains control requirements for industrial boilers,
stationary combustion turbines, and stationary internal combustion
engines. The emission limits contained in this chapter for industrial
boilers (provided below), stationary combustion turbines, and
stationary internal combustion engines are consistent with EPA guidance
(generally requiring combustion controls) and other state RACT
evaluations.
(A) Small boilers.
The owner or operator of a small boiler must annually perform a
tune-up and maintain, in a permanently bound log book, or other format
approved in writing by the Director of Ohio EPA, the following
information:
a) The date of the last tune-up;
b) The name, title and affiliation of the person who performed the
tune-up and made any adjustments; and
[[Page 48756]]
c) Any other information which the Ohio environmental protection
agency may require as a condition of approval of any permit for the
boiler.
(B) Mid-size, large and very large boilers.
Except as otherwise provided in paragraphs (I) and (J) of this
rule, on and after the compliance deadline specified by rule 3745-110-
04 of the Administrative Code, no owner or operator of a mid-size,
large, or very large boiler shall allow or permit the discharge into
the ambient air of any NOX emissions in excess of the
following:
Emissions Limitations
[Pounds of NOX Emissions per mmBtu]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spreader stoker- Overfeed stoker-
Fuel type Tangential-fired Wall-fired Cyclone-fired fired fired
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gas Only...................................................... \1\ 0.10 \1\ 0.10 N/A N/A N/A
Distillate Oil................................................ \1\ 0.12 \1\ 0.12 \1\ 0.12 N/A N/A
Residual Oil.................................................. \2\ 0.23 \2\ 0.23 \2\ 0.23 N/A N/A
Coal (Wet Bottom)............................................. \2\ 0.30 \2\ 0.30 \2\ 0.30 N/A N/A
Coal (Dry Bottom)............................................. \2\ 0.30 \2\ 0.30 \2\ 0.30 \2\ 0.30 \2\ 0.30
--------------------------------------------------------------------------------------------------------------------------------------------------------
The NOX emission limitations for the boilers specified above may be achieved by employing the NOX emission control technologies specified below.
\1\ low NOX burners (LNB)
\2\ low NOX burners (LNB) in conjunction with flue gas recirculation (FGR) or over-fired air (OFA) as applicable.
This rule does not contain control requirements for electric
generating units (EGUs). EPA's Cross-State Air Pollution Rule provides
statewide, not unit specific, limits for EGUs. This rulemaking does not
address whether unit specific limits are needed to satisfy RACT.
Ohio's rule allows an emission averaging program in lieu of the
applicable emission limits for industrial boilers, stationary
combustion turbines, and stationary internal combustion engines.
However, Ohio's rule states that an emission averaging program shall
not be Federally enforceable until EPA approves the program as part of
the Ohio SIP. Any such averaging program would therefore have to be
consistent with ``Improving Air Quality with Economic Incentive
Programs, EPA-452/R-01-001, January 2001.'' Ohio's submittal includes
no such averaging programs. EPA will review any such programs if and
when submitted by Ohio.
This chapter also requires site-specific RACT evaluations (or RACT
studies) for any applicable source that is not an industrial boiler,
stationary combustion turbine, or stationary internal combustion
engines. Site-specific RACT evaluations are also allowed for industrial
boilers, stationary combustion turbines, and stationary internal
combustion engines if the owner or operator claims that the applicable
limit is economically unreasonable and/or technically infeasible. These
RACT studies consist of a detailed engineering study to determine the
technical and economic feasibility of reducing the NOX
emissions and to define RACT for the source. Any definition of RACT and
schedule of compliance shall be submitted to and approved by EPA as a
revision of the Ohio SIP.
This chapter contains site-specific RACT requirements for four
sources. Compliance for all of these sources is required by the
effective date of the rule, which is May 12, 2011. These sources are:
(1) The Northeast Ohio Regional Sewer District--Southerly
Wastewater Treatment Center in Cuyahoga Heights
This facility has two mid-sized natural gas fired boilers, with low
NOX burners, for which the presumptive limit is 0.10 lb of
NOX/mmBTU. The use of ultra low NOX burners was
considered but rejected because they would only provide an additional
18 percent reduction and a cost-effectiveness of over $50,000 per ton
of NOX removed. The requested limits of 0.15 lb of
NOX/mmBTU, based upon the use of low-NOX burners,
can therefore be reasonably considered to represent RACT for these
boilers under these particular circumstances.
(2) ArcelorMittal Cleveland Inc.
ArcelorMittal has 12 emission units located at its facility which
are not one of the specific source types with specified limits. A 0.35
lb/mmBTU limit for the three reheat furnaces at its Hot Strip Mill is
based upon the installation of 240 low NOX burners which has
resulted in a 51 percent reduction in NOX emission. The
Continuous Galvanizing Line is equipped with a low NOX
burner providing an estimated 50 percent NOX emission
reduction resulting in an emission limit of 0.23 lb/mmBTU. The
remaining emissions units burn natural gas or blast furnace gas as fuel
and generate relatively low NOX emissions and are subject to
limits from 0.06-0.10 lb/mmBTU. For the reasons provided above, the
above limits can reasonably be considered to represent RACT under these
particular circumstances.
(3) Republic Engineered Products
Republic Engineered products has 2 reheat furnaces at its facility
which are not one of the specific source types with specified limits.
These furnaces use low NOX burners with resulting emission
limitations of 0.15 and 0.132 lb/mmBTU. These limits can reasonably be
considered to represent RACT, under these particular circumstances,
because the additional reductions that could be obtained with post-
combustion controls are not cost-effective.
(4) United States Steel Lorain Tubular Operations
United States Steel Lorain Tubular Operations has several furnaces
at its facility which are not one of the specific source types with
specified limits. Emissions Units P003, P0037 and P040 are subject to
limits of 0.068 lb/mmBTU, 0.15 lb/mmBTU and 0.15 lb/mmBTU. These limits
are based upon the continued use of low NOX burners because
post combustion controls are not cost-effective. RACT limits have not
yet been established for Emission Units P035 and P039.
It should be noted that there are other subject sources for which RACT
limits have not yet been established.
The emission limits specified in this rule are based upon either of
the following:
(1) The average of three one-hour stack test runs if stack testing
is used to demonstrate compliance; or
(2) A twenty-four-hour input-weighted average if a continuous
emissions monitor is used to demonstrate compliance.
Both of these are accepted methods for determining the lbs of
NOX/mmBTU.
[[Page 48757]]
3745-110-04 Compliance Deadlines
The effective date of this chapter is December 22, 2007. For
facilities that have not conducted a RACT study, compliance is required
by December 22, 2009, if combustion modifications are required to
achieve compliance with the limits in 3745-21-03 or December 22, 2010,
if add-on controls are required to demonstrate compliance.
For facilities conducting a RACT study, compliance is required by
two years after approval by the Director of Ohio EPA if combustion
modifications are required to demonstrate compliance. Compliance is
required by three years after approval by the Director if add-on
controls are needed to demonstrate compliance. The four facilities
identified in the discussion of rule 3745-110-03, and for which RACT
studies have been approved, were required to have achieved compliance
by May 2, 2011.
The general emission limits for industrial boilers, stationary
combustion turbines, and stationary internal combustion engines
represent RACT. In addition, the limits for the four facilities
resulting from RACT studies can reasonably be considered to represent
RACT under the specified circumstances. It should be noted that there
are other facilities for which RACT studies are being developed that
are not currently complying with NOX RACT. EPA expects that
Ohio will adopt and submit limits for those sources once the studies
are complete, and EPA will evaluate those limits at that time. To the
extent that the facilities are subject to specific limits under rule
3745-110-03, compliance with those limits is required now, unless and
until a revised limit is approved.
EPA's November 29, 2005, ``Final Rule To Implement the 8-Hour Ozone
National Ambient Air Quality Standard--Phase 2'' (70 FR 71612) required
that compliance be achieved by March 2009. Rule 3745-110-04 provides
for compliance dates after March 2009, but the compliance date has now
passed for all sources that are subject to the NOX limits in
this rule. Therefore, there is no longer any ozone air quality impact
from allowing facilities to have compliance deadlines after 2009 (and
there is also no way that these facilities can ever meet the March 2009
deadline). Finally, since Ohio is not currently required to adopt RACT
rules, Ohio is not required to have RACT rules with a March 2009
compliance date.
3745-110-05 Compliance Methods
This rule requires that a source which is subject to the
requirements of rule 3745-110-03 demonstrate compliance with the
applicable emission limits by performing emission tests in accordance
with EPA Method 7, 7A, 7C, 7D, or 7E, and any additional approved EPA
methods as applicable.
Any continuous emissions monitoring system for NOX shall
meet the requirements of Performance Specification 2, 40 CFR Part 60,
Appendix B and quality assurance procedures contained in 40 CFR Part
60, Appendix F or 40 CFR Part 75.
These are the appropriate EPA approved methods for establishing
compliance.
Conclusion
These rules are not required because, as established in section
182(f) of the CAA, NOX emission control requirements do not
apply if the resulting emission reductions are not needed to
demonstrate attainment of the 8-hour ozone standard, which is the case
for the former Cleveland-Akron-Lorain moderate ozone nonattainment
area. However, these rules are being submitted and approved for their
SIP strengthening effect. In addition, EPA believes that the control
requirements in the submitted rules mandate an acceptable RACT level of
control.
As indicated above, these rules do not apply to EGUs. In addition,
there are other otherwise applicable sources that are not subject to
these rules because their RACT studies have not as yet been approved.
Finally, compliance deadlines for some sources are later than the March
2009, deadline that was established in EPA's phase 2 guidance for areas
required to adopt RACT rules pursuant to the 1997 8-hour ozone
standard. However, EPA is satisfied that the limits for sources covered
in Ohio's rule are RACT-level limits, and EPA finds the compliance
dates acceptable given that the RACT requirements (and associated
compliance deadline requirements) do not apply and given that in any
case all sources are now required to be in compliance.
These rules are therefore being proposed for approval because they
provide additional NOX control requirements and therefore
strengthen the effectiveness of the SIP.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and
[[Page 48758]]
recordkeeping requirements, Volatile organic compounds.
Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-20205 Filed 8-8-11; 8:45 am]
BILLING CODE 6560-50-P
