Approval and Promulgation of Air Quality Implementation Plans; Ohio; PBR and PTIO, 11748-11751 [2013-03761]
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations
[FR Doc. 2013–03883 Filed 2–19–13; 8:45 am]
No. EPA R05 OAR 2007–1102; EPA–
R05–OAR–2008–0782. All documents in
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the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
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Friday, excluding Federal holidays. We
recommend that you telephone Kaushal
Gupta, Environmental Engineer, at (312)
886–6803 before visiting the Region 5
office.
BILLING CODE 9110–04–P
FOR FURTHER INFORMATION CONTACT:
facilities located upstream from the new
bridge.
The lift span at the new bridge is out
of skew and must be adjusted to prevent
damage to the operating system. The
adjustment maintenance requires the
bridge to remain in the closed position
for four hours.
The upstream oil facilities were all
advised regarding the four hour closure.
No objections were received.
Under this temporary deviation the
bridge may remain in the closed
position from 8 p.m. through midnight
on February 21, 2013.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: February 11, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
PBR and PTIO
Kaushal Gupta, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6803,
gupta.kaushal@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:
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. What does this document address?
II. What program changes is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
As additions to Ohio’s State
Implementation Plan (SIP) under the
Clean Air Act, EPA is approving six
Permit-by-Rule (PBR) provisions, a
Permit to Install and Operate (PTIO)
program, two permanent exemptions
from the Permit to Install (PTI)
requirement, and a General Permit
program. The Ohio Environmental
Protection Agency (OEPA) requested
these rule revisions to make its air
pollution permit program more efficient.
Approving these additions will make
the PBRs, PTIOs, and general permits
Federally enforceable. Because these
rule revisions will make Ohio’s air
permit program more efficient while
continuing to protect human health and
the environment, EPA approves the
revisions.
DATES: This final rule is effective on
March 22, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
I. What does this document address?
This document addresses requests
from Ohio to incorporate the following
rules into the Ohio SIP.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1102; EPA–R05–
OAR–2008–0782; FRL–9771–8]
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SUMMARY:
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1. PBR and Permanent Exemption
Provisions
Ohio’s Federally approved
construction program, Ohio
Administrative Code (OAC) 3745–31
(‘‘Permits to Install New Sources of
Pollution’’) provides the authority for
OEPA to issue PTIs to new sources of
air pollution or modifications to existing
sources of air pollution. For attainment
areas, the program was conditionally
approved into Ohio’s SIP on October 10,
2001 (66 FR 51570) and fully approved
on January 22, 2003 (68 FR 2909). For
nonattainment areas, the program was
fully approved on January 10, 2003 (68
FR 1366). Included in this program at
OAC 3745–31–03 (‘‘Permit to install
exemptions’’) are exemptions from the
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requirement to obtain a PTI before
constructing or modifying a source of air
pollution. The types of exemptions
include permanent exemptions, Federalbased exemptions, discretionary
exemptions, and PBR exemptions
(exempting certain sources from the PTI
requirement as long as they comply
with the relevant provisions of the PBR
rule).
On April 24, 2006, EPA received a
request from OEPA to approve the
addition of two permanent exemptions
and six PBR provisions to the SIP.
2. PTIO and General Permit Programs
Prior to the rulemaking, a minor
source (that is, a source not subject to
Title V of the Clean Air Act) in Ohio
would be issued both a PTI under OAC
3745–31 and a Permit to Operate (PTO)
under OAC 3745–35 (‘‘Air Permits to
Operate and Variances’’). Ohio is now
combining both permit programs into a
new PTIO program. Under the PTIO
program, a minor source would be
issued one PTIO instead of a PTI and a
PTO.
On June 30, 2008, the state regulations
to implement the PTIO program became
effective and OAC 3745–35 was
rescinded. On July 18, 2008, OEPA
submitted to EPA a request to approve
the addition of the PTIO program and a
General Permit program to the SIP. The
changes to Ohio’s SIP involve the
modification of various parts of OAC
3745–31, the removal of OAC 3745–35,
and the addition of OAC 3745–31–29 to
enable the issuance of Federally
enforceable general PTIs and general
PTIOs.
On October 1, 2012, EPA approved
the aforementioned PBR, permanent
exemption, PTIO, and General Permit
program provisions (77 FR 59751) as a
revision to Ohio’s SIP. However, the
provisions included the following terms
which EPA had not intended to act on:
• The SIP revision classified
municipal incinerators capable of
charging more than 250 tons of refuse
per day as having a major stationary
source emission threshold of 100 tons
per year or more. OAC 3745–31–
01(LLL)(2)(a)(ix).
• The SIP revision allowed OEPA
Director’s discretion for complying with
the public participation notification
requirements for Federal Land
Managers. OAC 3745–31–06(H)(2)(d).
• The SIP revision allowed Director’s
discretion and specific exemptions with
regard to preconstruction activities.
OAC 3745–31–33.
EPA withdrew its approval on
November 23, 2012 (77 FR 70121). This
document approves the PBR, permanent
exemption, PTIO, and General Permit
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program provisions without taking
action on the above language. It is a
final action based on the proposed
approval published on October 1, 2012
(77 FR 59879).
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II. What program changes is EPA
approving?
1. PBR and Permanent Exemption
Provisions
EPA is approving the requested
modifications and additions to the
permanent exemption and PBR
provisions in OAC 3745–31–03. The
significant changes are as follows.
The permanent exemption from the
requirement to obtain a PTI for organic
liquid storage tanks is being expanded
to cover larger tanks. Currently, the
exemption only applies to tanks with a
capacity less than 10,000-gallons; the
modification would exempt tanks of less
than 19,815-gallon capacity (except for
gasoline storage tanks at bulk gasoline
plants), tanks between 19,815 and
39,894-gallon capacity with maximum
true vapor pressure less than 2.176
pounds per square inch absolute (psia),
and tanks of 39,894-gallon or greater
capacity with maximum true vapor
pressure less than 0.508 psia. Note that
permanent exemptions under this rule
do not exempt any source from the
requirements of the Clean Air Act,
including but not limited to, being
considered for purposes of determining
whether a facility constitutes a major
source or being included in a Title V
permit application.
PBR exemptions from the requirement
to apply for individual PTIs are being
added for auto body refinishing
facilities, gasoline dispensing facilities
with Stage I controls, gasoline
dispensing facilities with Stage I and
Stage II controls, boilers and heaters,
small printing facilities, and mid-size
printing facilities that meet certain size,
throughput, and process requirements.
Each PBR exemption has requirements
for emission limitation and/or control,
monitoring and/or recordkeeping,
reporting, and testing. Furthermore, the
PBR exemptions rule now includes
general provisions for recordkeeping,
record retention, notification, and
reporting requirements that apply to all
sources utilizing the PBR exemptions.
The general provisions clarify that the
PBR exemptions do not exempt any
source from the requirements of the
Clean Air Act, including but not limited
to, being considered for purposes of
determining whether a facility
constitutes a major source or being
included in a Title V permit application.
In a December 1, 2008, letter, Ohio
provided technical support for the PBR
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and PTIO provisions to demonstrate that
the provisions are protective of the
national ambient air quality standards,
prevention of significant deterioration
increments, reasonable further progress
demonstrations and visibility, and are
not in violation of section 193 of the
Clean Air Act, the ‘‘General Savings
Clause.’’
In a February 14, 2012, letter, Ohio
provided a survey of the estimated
emissions from the state’s organic liquid
storage tanks to demonstrate that the
modified permanent exemption for
organic liquid storage tanks would have
no negative impact on air quality. In a
May 24, 2012, email, Ohio clarified that
in the context of this exemption, an
‘‘organic liquid’’ is an organic
compound at the temperature and
pressure experienced inside the storage
tank, and that the organic liquid would
have to remain a liquid to qualify for the
exemption. The email further clarified
that the ‘‘submerged fill’’ mentioned in
this rule is the same as a ‘‘submerged fill
pipe’’ as defined in OAC 3745–21–
01(C)(6).
2. PTIO and General Permit Programs
OAC Chapter 3745–35, which
contained the rules for PTOs and
Federally Enforceable State Operating
Permits, is being rescinded in its
entirety from the SIP. OAC 3745–31–29
(‘‘General permits-to-install and general
PTIO’’) is being added to the SIP to
make Ohio’s general PTIs and general
PTIOs Federally enforceable. General
PTIs and general PTIOs are based on
model permits issued by OEPA. Sources
may apply for coverage under a model
permit rather than apply for individual
permits. Only minor sources may
qualify for coverage under a general
permit.
We are not taking action on OAC
3745–31–33 (‘‘Site preparation activities
prior to obtaining a final permit-toinstall or PTIO’’), which allows
Director’s discretion and specific
exemptions with regard to
preconstruction activities. This rule will
not be part of the SIP.
Other, previously approved parts of
Ohio’s SIP are being modified as
follows:
a. OAC 3745–15–03 (‘‘Submission of
emission information’’), is being
modified to replace all instances of
‘‘Board Director’’ to ‘‘Director.’’
b. OAC 3745–31–01 (‘‘Definitions’’),
which provides definitions for the
permit program, is being expanded to
include definitions for ‘‘permits to
install and operate,’’ ‘‘PTIOs,’’ and
‘‘express permit processing.’’ The SIP
revision submittal includes changes to
the definitions of ‘‘Air contaminant
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source’’ and ‘‘Major stationary source’’
but, per OEPA’s request in its July 18,
2008, submittal, we are not approving
these two changes at this time.
Furthermore, we are not taking action
on 3745–31–01(LLL)(2)(a)(ix) which
classifies municipal incinerators
capable of charging more than 250 tons
of refuse per day as having a major
stationary source emission threshold of
100 tons per year or more. This
provision will not be part of the SIP.
c. OAC 3745–31–02 (‘‘Requirements’’)
now requires sources to obtain PTIs or
PTIOs before installation or
modification, whether or not such
sources are subject to Title V of the
Clean Air Act (administered in Ohio
under OAC 3745–77). Existing PTIs and
PTOs remain effective until superseded
by PTIOs. Note that this rule no longer
contains the previously approved rule’s
provisions applying to solid waste
disposal facilities and land application
of sludge.
d. OAC 3745–31–04 (‘‘Applications’’)
is being expanded to require PTIO
applications.
e. OAC 3745–31–05 (‘‘Criteria for
decision by the director’’) is being
expanded to require PTIOs to contain
the Best Available Technology (BAT),
which is a previously SIP-approved
requirement. Certain terms from the
rescinded OAC 3745–35, such as
conditional permits, are being
incorporated into the new PTIO rules.
Per Ohio’s request in its July 18, 2008,
submittal, we are not taking action on
the provision that exempts sources with
the potential to emit less than 10 tons
per year from the BAT requirement.
This provision will not be part of the
SIP.
f. OAC 3745–31–06 (‘‘Termination’’)
is being rescinded in its entirety and
replaced by a new OAC 3745–31–06
(‘‘Completeness determination,
processing requirements, public
participation, public notice, and
issuance’’). We are not approving OAC
3745–31–06(H)(2)(d) which allows
Director’s discretion for complying with
the public participation notification
requirements for Federal Land
Managers.
g. OAC 3745–31–07 (‘‘Revocation’’) is
being expanded to cover termination,
expiration, renewal, revision, and
transfer.
h. OAC 3745–31–08 (‘‘Procedure for
decision by director’’) is being rescinded
in its entirety and replaced by a new
OAC 3745–31–08 (‘‘Registration status
permit-to-operate’’) that provides the
ongoing requirements for non-Title V
sources that received registration status
under the rescinded OAC 3745–35.
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations
i. OAC 3745–31–09 (‘‘Air permit-toinstall completeness determinations,
public participation, and public notice’’)
is being rescinded in its entirety and
replaced by a new OAC 3745–31–09
(‘‘Variances on operation’’) that has the
provisions for variances that were in the
rescinded 3745–35.
j. OAC 3745–31–10 (‘‘Air stationary
source obligations’’) is undergoing
relocation of certain terms to other parts
of the SIP.
k. OAC 3745–31–20 is undergoing
minor revisions to update rule citations.
l. OAC 3745–31–22 is undergoing
removal of two references to pollution
control projects, a component of
Federally required New Source Review
(NSR) Reform regulations that was
vacated from the Federal NSR program.
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III. What action is EPA taking?
EPA is approving the modification of
OAC 3745–31–03 to incorporate PBRs
for auto body refinishing facilities,
gasoline dispensing facilities with Stage
I controls, gasoline dispensing facilities
with Stage I and Stage II controls,
boilers and heaters, small printing
facilities, and mid-size printing
facilities. EPA is approving the
modification of OAC 3745–31–03 to
incorporate permanent exemptions for
organic liquid storage tanks of less than
19,815-gallon capacity, between 19,815
and 39,894-gallon capacity, and tanks of
39,894-gallon or greater capacity. EPA is
approving the rescission of OAC 3745–
35 and the modification of OAC 3745–
15–03, 3745–31–01, 3745–31–02, 3745–
31–04, 3745–31–05, 3745–31–06, 3745–
31–07, 3745–31–08, 3745–31–09, 3745–
31–10, 3745–31–20, and 3745–31–22 to
accommodate Ohio’s PTIO program,
reorganize other provisions, and remove
vacated NSR Reform provisions. EPA is
approving OAC 3745–31–29, the
program for General PTIs and General
PTIOs, as an addition to the SIP.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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
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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 Clean Air Act;
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 22, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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,
Reporting and recordkeeping
requirements.
Dated: December 28, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1870 is amended by
revising paragraphs (c)(42), (c)(51),
(c)(98)(i), and (c)(119)(i)(A), and by
adding paragraph (c)(156) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(42) On February 25, 1980, the State
of Ohio submitted the revised Ohio
Administrative Code (OAC) Rules 3745–
35–01 through 3745–35–04 which set
forth requirements for air permits to
operate and variances. These rules were
adopted on September 28, 1979 and
became effective in Ohio on November
7, 1979. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(51) On October 1, 1982, and February
28, 1983 the State of Ohio submitted
revisions to Ohio Administrative Code
(OAC) Rules 3745–35–03 which set
forth requirements for obtaining
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variances. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(98) * * *
(i) Incorporation by reference. Rule
3745–35–07, adopted November 3,
1994, effective November 18, 1994.
Rescinded in 2008; see paragraph
(c)(156) of this section.
*
*
*
*
*
(119) * * *
(i) * * *
(A) Ohio Administrative Code 3745–
35–02, adopted April 4, 1994, effective
April 20, 1994. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(156) On April 24, 2006, Ohio EPA
submitted two permanent exemptions
from the Permit to Install program and
six Permit-by-Rule provisions for
approval into its SIP. On July 18, 2008,
Ohio EPA submitted provisions for a
Permit to Install and Operate (PTIO)
program and a general permit program
for approval into its SIP. The changes to
Ohio’s SIP involve the modification of
various parts of OAC 3745–31, the
removal of OAC 3745–35, and the
addition of OAC 3745–31–29 to enable
the issuance of federally enforceable
general PTIs and general PTIOs. On June
30, 2008, the state regulations to
implement the PTIO program became
effective and OAC 3745–35 was
rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio
Administrative Code Rule 3745–15–03,
‘‘Submission of emission information.’’,
effective June 30, 2008.
(B) Ohio Administrative Code Rule
3745–31–01, ‘‘Definitions.’’, effective
December 14, 2007, except for
paragraphs (I), (LLL)(2)(a)(ix),
(LLL)(2)(a)(xxi), (LLL)(4)(t), and
(QQQ)(1)(b).
(C) Ohio Administrative Code Rule
3745–31–02, ‘‘Applicability,
requirements, and obligations.’’,
effective June 30, 2008.
(D) Ohio Administrative Code Rule
3745–31–03, ‘‘Exemptions.’’, effective
June 30, 2008.
(E) Ohio Administrative Code Rule
3745–31–04, ‘‘Applications.’’, effective
June 30, 2008.
(F) Ohio Administrative Code Rule
3745–31–05, ‘‘Criteria for decision by
the director.’’, effective June 30, 2008,
except for paragraph (A)(3)(a)(ii).
(G) Ohio Administrative Code Rule
3745–31–06, ‘‘Completeness
determinations, processing
requirements, public participation,
public notice, and issuance.’’, effective
June 30, 2008, except for paragraph
(H)(2)(d).
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(H) Ohio Administrative Code Rule
3745–31–07, ‘‘Termination, revocation,
expiration, renewal, revision and
transfer.’’, effective June 30, 2008.
(I) Ohio Administrative Code Rule
3745–31–08, ‘‘Registration status
permit-to-operate.’’, effective June 30,
2008.
(J) Ohio Administrative Code Rule
3745–31–09, ‘‘Variances on operation.’’,
effective June 30, 2008.
(K) Ohio Administrative Code Rule
3745–31–10, ‘‘NSR projects at existing
emissions units at a major stationary
source.’’, effective June 30, 2008.
(L) Ohio Administrative Code Rule
3745–31–20, ‘‘Attainment provisions—
innovative control technology.’’,
effective June 30, 2008.
(M) Ohio Administrative Code Rule
3745–31–22, ‘‘Nonattainment
provisions—conditions for approval.’’,
effective June 30, 2008.
(N) Ohio Administrative Code Rule
3745–31–29, ‘‘General permit-to-install
and general PTIO.’’, effective June 30,
2008.
(O) Ohio Administrative Code Rule
3745–31–32, ‘‘Plantwide applicability
limit (PAL).’’, effective June 30, 2008.
(P) June 2, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio EPA.
[FR Doc. 2013–03761 Filed 2–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2012–0293; FRL–9781–5]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Idle Reduction of Heavy-Duty
Diesel Vehicles and Reduction of
Nitrogen Oxides (NOX) Emissions for
the Kansas City Ozone Maintenance
Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Kansas State Implementation Plan (SIP)
submitted by the State of Kansas on July
27, 2010. The revision includes two new
rules which implement restrictions on
the idling of heavy duty diesel vehicles
and reduce nitrogen oxide (NOX)
emissions at stationary sources in the
Kansas portion of the Kansas City
Maintenance Area for ozone. EPA is
approving this revision because the
standards and requirements set by the
rules will strengthen the Kansas SIP.
SUMMARY:
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11751
EPA’s approval of this SIP revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
This direct final rule will be
effective April 22, 2013, without further
notice, unless EPA receives adverse
comment by March 22, 2013. If EPA
receives adverse comment, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2012–0293, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: kemp.lachala@epa.gov.
3. Mail or hand delivery: Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2012–
0293. 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 through https://
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. 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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
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.
DATES:
E:\FR\FM\20FER1.SGM
20FER1
]]>Agencies
[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11748-11751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03761]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1102; EPA-R05-OAR-2008-0782; FRL-9771-8]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; PBR and PTIO
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: As additions to Ohio's State Implementation Plan (SIP) under
the Clean Air Act, EPA is approving six Permit-by-Rule (PBR)
provisions, a Permit to Install and Operate (PTIO) program, two
permanent exemptions from the Permit to Install (PTI) requirement, and
a General Permit program. The Ohio Environmental Protection Agency
(OEPA) requested these rule revisions to make its air pollution permit
program more efficient. Approving these additions will make the PBRs,
PTIOs, and general permits Federally enforceable. Because these rule
revisions will make Ohio's air permit program more efficient while
continuing to protect human health and the environment, EPA approves
the revisions.
DATES: This final rule is effective on March 22, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA R05 OAR 2007-1102; EPA-R05-OAR-2008-0782. All documents in the
docket are listed on the www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Kaushal Gupta, Environmental Engineer,
at (312) 886-6803 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kaushal Gupta, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6803, gupta.kaushal@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 does this document address?
II. What program changes is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What does this document address?
This document addresses requests from Ohio to incorporate the
following rules into the Ohio SIP.
1. PBR and Permanent Exemption Provisions
Ohio's Federally approved construction program, Ohio Administrative
Code (OAC) 3745-31 (``Permits to Install New Sources of Pollution'')
provides the authority for OEPA to issue PTIs to new sources of air
pollution or modifications to existing sources of air pollution. For
attainment areas, the program was conditionally approved into Ohio's
SIP on October 10, 2001 (66 FR 51570) and fully approved on January 22,
2003 (68 FR 2909). For nonattainment areas, the program was fully
approved on January 10, 2003 (68 FR 1366). Included in this program at
OAC 3745-31-03 (``Permit to install exemptions'') are exemptions from
the requirement to obtain a PTI before constructing or modifying a
source of air pollution. The types of exemptions include permanent
exemptions, Federal-based exemptions, discretionary exemptions, and PBR
exemptions (exempting certain sources from the PTI requirement as long
as they comply with the relevant provisions of the PBR rule).
On April 24, 2006, EPA received a request from OEPA to approve the
addition of two permanent exemptions and six PBR provisions to the SIP.
2. PTIO and General Permit Programs
Prior to the rulemaking, a minor source (that is, a source not
subject to Title V of the Clean Air Act) in Ohio would be issued both a
PTI under OAC 3745-31 and a Permit to Operate (PTO) under OAC 3745-35
(``Air Permits to Operate and Variances''). Ohio is now combining both
permit programs into a new PTIO program. Under the PTIO program, a
minor source would be issued one PTIO instead of a PTI and a PTO.
On June 30, 2008, the state regulations to implement the PTIO
program became effective and OAC 3745-35 was rescinded. On July 18,
2008, OEPA submitted to EPA a request to approve the addition of the
PTIO program and a General Permit program to the SIP. The changes to
Ohio's SIP involve the modification of various parts of OAC 3745-31,
the removal of OAC 3745-35, and the addition of OAC 3745-31-29 to
enable the issuance of Federally enforceable general PTIs and general
PTIOs.
On October 1, 2012, EPA approved the aforementioned PBR, permanent
exemption, PTIO, and General Permit program provisions (77 FR 59751) as
a revision to Ohio's SIP. However, the provisions included the
following terms which EPA had not intended to act on:
The SIP revision classified municipal incinerators capable
of charging more than 250 tons of refuse per day as having a major
stationary source emission threshold of 100 tons per year or more. OAC
3745-31-01(LLL)(2)(a)(ix).
The SIP revision allowed OEPA Director's discretion for
complying with the public participation notification requirements for
Federal Land Managers. OAC 3745-31-06(H)(2)(d).
The SIP revision allowed Director's discretion and
specific exemptions with regard to preconstruction activities. OAC
3745-31-33.
EPA withdrew its approval on November 23, 2012 (77 FR 70121). This
document approves the PBR, permanent exemption, PTIO, and General
Permit
[[Page 11749]]
program provisions without taking action on the above language. It is a
final action based on the proposed approval published on October 1,
2012 (77 FR 59879).
II. What program changes is EPA approving?
1. PBR and Permanent Exemption Provisions
EPA is approving the requested modifications and additions to the
permanent exemption and PBR provisions in OAC 3745-31-03. The
significant changes are as follows.
The permanent exemption from the requirement to obtain a PTI for
organic liquid storage tanks is being expanded to cover larger tanks.
Currently, the exemption only applies to tanks with a capacity less
than 10,000-gallons; the modification would exempt tanks of less than
19,815-gallon capacity (except for gasoline storage tanks at bulk
gasoline plants), tanks between 19,815 and 39,894-gallon capacity with
maximum true vapor pressure less than 2.176 pounds per square inch
absolute (psia), and tanks of 39,894-gallon or greater capacity with
maximum true vapor pressure less than 0.508 psia. Note that permanent
exemptions under this rule do not exempt any source from the
requirements of the Clean Air Act, including but not limited to, being
considered for purposes of determining whether a facility constitutes a
major source or being included in a Title V permit application.
PBR exemptions from the requirement to apply for individual PTIs
are being added for auto body refinishing facilities, gasoline
dispensing facilities with Stage I controls, gasoline dispensing
facilities with Stage I and Stage II controls, boilers and heaters,
small printing facilities, and mid-size printing facilities that meet
certain size, throughput, and process requirements. Each PBR exemption
has requirements for emission limitation and/or control, monitoring
and/or recordkeeping, reporting, and testing. Furthermore, the PBR
exemptions rule now includes general provisions for recordkeeping,
record retention, notification, and reporting requirements that apply
to all sources utilizing the PBR exemptions. The general provisions
clarify that the PBR exemptions do not exempt any source from the
requirements of the Clean Air Act, including but not limited to, being
considered for purposes of determining whether a facility constitutes a
major source or being included in a Title V permit application.
In a December 1, 2008, letter, Ohio provided technical support for
the PBR and PTIO provisions to demonstrate that the provisions are
protective of the national ambient air quality standards, prevention of
significant deterioration increments, reasonable further progress
demonstrations and visibility, and are not in violation of section 193
of the Clean Air Act, the ``General Savings Clause.''
In a February 14, 2012, letter, Ohio provided a survey of the
estimated emissions from the state's organic liquid storage tanks to
demonstrate that the modified permanent exemption for organic liquid
storage tanks would have no negative impact on air quality. In a May
24, 2012, email, Ohio clarified that in the context of this exemption,
an ``organic liquid'' is an organic compound at the temperature and
pressure experienced inside the storage tank, and that the organic
liquid would have to remain a liquid to qualify for the exemption. The
email further clarified that the ``submerged fill'' mentioned in this
rule is the same as a ``submerged fill pipe'' as defined in OAC 3745-
21-01(C)(6).
2. PTIO and General Permit Programs
OAC Chapter 3745-35, which contained the rules for PTOs and
Federally Enforceable State Operating Permits, is being rescinded in
its entirety from the SIP. OAC 3745-31-29 (``General permits-to-install
and general PTIO'') is being added to the SIP to make Ohio's general
PTIs and general PTIOs Federally enforceable. General PTIs and general
PTIOs are based on model permits issued by OEPA. Sources may apply for
coverage under a model permit rather than apply for individual permits.
Only minor sources may qualify for coverage under a general permit.
We are not taking action on OAC 3745-31-33 (``Site preparation
activities prior to obtaining a final permit-to-install or PTIO''),
which allows Director's discretion and specific exemptions with regard
to preconstruction activities. This rule will not be part of the SIP.
Other, previously approved parts of Ohio's SIP are being modified
as follows:
a. OAC 3745-15-03 (``Submission of emission information''), is
being modified to replace all instances of ``Board Director'' to
``Director.''
b. OAC 3745-31-01 (``Definitions''), which provides definitions for
the permit program, is being expanded to include definitions for
``permits to install and operate,'' ``PTIOs,'' and ``express permit
processing.'' The SIP revision submittal includes changes to the
definitions of ``Air contaminant source'' and ``Major stationary
source'' but, per OEPA's request in its July 18, 2008, submittal, we
are not approving these two changes at this time. Furthermore, we are
not taking action on 3745-31-01(LLL)(2)(a)(ix) which classifies
municipal incinerators capable of charging more than 250 tons of refuse
per day as having a major stationary source emission threshold of 100
tons per year or more. This provision will not be part of the SIP.
c. OAC 3745-31-02 (``Requirements'') now requires sources to obtain
PTIs or PTIOs before installation or modification, whether or not such
sources are subject to Title V of the Clean Air Act (administered in
Ohio under OAC 3745-77). Existing PTIs and PTOs remain effective until
superseded by PTIOs. Note that this rule no longer contains the
previously approved rule's provisions applying to solid waste disposal
facilities and land application of sludge.
d. OAC 3745-31-04 (``Applications'') is being expanded to require
PTIO applications.
e. OAC 3745-31-05 (``Criteria for decision by the director'') is
being expanded to require PTIOs to contain the Best Available
Technology (BAT), which is a previously SIP-approved requirement.
Certain terms from the rescinded OAC 3745-35, such as conditional
permits, are being incorporated into the new PTIO rules. Per Ohio's
request in its July 18, 2008, submittal, we are not taking action on
the provision that exempts sources with the potential to emit less than
10 tons per year from the BAT requirement. This provision will not be
part of the SIP.
f. OAC 3745-31-06 (``Termination'') is being rescinded in its
entirety and replaced by a new OAC 3745-31-06 (``Completeness
determination, processing requirements, public participation, public
notice, and issuance''). We are not approving OAC 3745-31-06(H)(2)(d)
which allows Director's discretion for complying with the public
participation notification requirements for Federal Land Managers.
g. OAC 3745-31-07 (``Revocation'') is being expanded to cover
termination, expiration, renewal, revision, and transfer.
h. OAC 3745-31-08 (``Procedure for decision by director'') is being
rescinded in its entirety and replaced by a new OAC 3745-31-08
(``Registration status permit-to-operate'') that provides the ongoing
requirements for non-Title V sources that received registration status
under the rescinded OAC 3745-35.
[[Page 11750]]
i. OAC 3745-31-09 (``Air permit-to-install completeness
determinations, public participation, and public notice'') is being
rescinded in its entirety and replaced by a new OAC 3745-31-09
(``Variances on operation'') that has the provisions for variances that
were in the rescinded 3745-35.
j. OAC 3745-31-10 (``Air stationary source obligations'') is
undergoing relocation of certain terms to other parts of the SIP.
k. OAC 3745-31-20 is undergoing minor revisions to update rule
citations.
l. OAC 3745-31-22 is undergoing removal of two references to
pollution control projects, a component of Federally required New
Source Review (NSR) Reform regulations that was vacated from the
Federal NSR program.
III. What action is EPA taking?
EPA is approving the modification of OAC 3745-31-03 to incorporate
PBRs for auto body refinishing facilities, gasoline dispensing
facilities with Stage I controls, gasoline dispensing facilities with
Stage I and Stage II controls, boilers and heaters, small printing
facilities, and mid-size printing facilities. EPA is approving the
modification of OAC 3745-31-03 to incorporate permanent exemptions for
organic liquid storage tanks of less than 19,815-gallon capacity,
between 19,815 and 39,894-gallon capacity, and tanks of 39,894-gallon
or greater capacity. EPA is approving the rescission of OAC 3745-35 and
the modification of OAC 3745-15-03, 3745-31-01, 3745-31-02, 3745-31-04,
3745-31-05, 3745-31-06, 3745-31-07, 3745-31-08, 3745-31-09, 3745-31-10,
3745-31-20, and 3745-31-22 to accommodate Ohio's PTIO program,
reorganize other provisions, and remove vacated NSR Reform provisions.
EPA is approving OAC 3745-31-29, the program for General PTIs and
General PTIOs, as an addition to the SIP.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act; 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 22, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Reporting and recordkeeping
requirements.
Dated: December 28, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1870 is amended by revising paragraphs (c)(42), (c)(51),
(c)(98)(i), and (c)(119)(i)(A), and by adding paragraph (c)(156) to
read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(42) On February 25, 1980, the State of Ohio submitted the revised
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04
which set forth requirements for air permits to operate and variances.
These rules were adopted on September 28, 1979 and became effective in
Ohio on November 7, 1979. Rescinded in 2008; see paragraph (c)(156) of
this section.
* * * * *
(51) On October 1, 1982, and February 28, 1983 the State of Ohio
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03
which set forth requirements for obtaining
[[Page 11751]]
variances. Rescinded in 2008; see paragraph (c)(156) of this section.
* * * * *
(98) * * *
(i) Incorporation by reference. Rule 3745-35-07, adopted November
3, 1994, effective November 18, 1994. Rescinded in 2008; see paragraph
(c)(156) of this section.
* * * * *
(119) * * *
(i) * * *
(A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994,
effective April 20, 1994. Rescinded in 2008; see paragraph (c)(156) of
this section.
* * * * *
(156) On April 24, 2006, Ohio EPA submitted two permanent
exemptions from the Permit to Install program and six Permit-by-Rule
provisions for approval into its SIP. On July 18, 2008, Ohio EPA
submitted provisions for a Permit to Install and Operate (PTIO) program
and a general permit program for approval into its SIP. The changes to
Ohio's SIP involve the modification of various parts of OAC 3745-31,
the removal of OAC 3745-35, and the addition of OAC 3745-31-29 to
enable the issuance of federally enforceable general PTIs and general
PTIOs. On June 30, 2008, the state regulations to implement the PTIO
program became effective and OAC 3745-35 was rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio Administrative Code Rule 3745-15-03,
``Submission of emission information.'', effective June 30, 2008.
(B) Ohio Administrative Code Rule 3745-31-01, ``Definitions.'',
effective December 14, 2007, except for paragraphs (I),
(LLL)(2)(a)(ix), (LLL)(2)(a)(xxi), (LLL)(4)(t), and (QQQ)(1)(b).
(C) Ohio Administrative Code Rule 3745-31-02, ``Applicability,
requirements, and obligations.'', effective June 30, 2008.
(D) Ohio Administrative Code Rule 3745-31-03, ``Exemptions.'',
effective June 30, 2008.
(E) Ohio Administrative Code Rule 3745-31-04, ``Applications.'',
effective June 30, 2008.
(F) Ohio Administrative Code Rule 3745-31-05, ``Criteria for
decision by the director.'', effective June 30, 2008, except for
paragraph (A)(3)(a)(ii).
(G) Ohio Administrative Code Rule 3745-31-06, ``Completeness
determinations, processing requirements, public participation, public
notice, and issuance.'', effective June 30, 2008, except for paragraph
(H)(2)(d).
(H) Ohio Administrative Code Rule 3745-31-07, ``Termination,
revocation, expiration, renewal, revision and transfer.'', effective
June 30, 2008.
(I) Ohio Administrative Code Rule 3745-31-08, ``Registration status
permit-to-operate.'', effective June 30, 2008.
(J) Ohio Administrative Code Rule 3745-31-09, ``Variances on
operation.'', effective June 30, 2008.
(K) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at
existing emissions units at a major stationary source.'', effective
June 30, 2008.
(L) Ohio Administrative Code Rule 3745-31-20, ``Attainment
provisions--innovative control technology.'', effective June 30, 2008.
(M) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment
provisions--conditions for approval.'', effective June 30, 2008.
(N) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO.'', effective June 30, 2008.
(O) Ohio Administrative Code Rule 3745-31-32, ``Plantwide
applicability limit (PAL).'', effective June 30, 2008.
(P) June 2, 2008, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio EPA.
[FR Doc. 2013-03761 Filed 2-19-13; 8:45 am]
BILLING CODE 6560-50-P
