Approval and Promulgation of Implementation Plans; Ohio

Federal RegisterJul 26, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH63-1-6403a, OH64-1-6404a; FRL-5020-5]

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving, through ``direct final'' procedure,

two exemption requests from the requirements contained in Section

182(f) of the Clean Air Act (Act) for the Toledo and Dayton ozone

nonattainment areas in Ohio. These exemption requests, submitted by the

State of Ohio, are based upon the most recent three years of ambient

air monitoring data which demonstrate that the National Ambient Air

Quality Standard (NAAQS) for ozone has been attained in each of these

areas without additional reductions of nitrogen oxides (NOX).

Section 182(f) of the Act requires States with areas designated

nonattainment of the NAAQS for ozone, and classified as moderate

nonattainment and above, to adopt reasonably available control

technology (RACT) rules for major stationary sources of NOX and to

provide for nonattainment area new source review (NSR) for new sources

and modifications that are major for NOX. Section 182(f) provides

further that these requirements do not apply for areas outside an ozone

transport region if USEPA determines that additional reductions of

NOX would not contribute to attainment of the NAAQS for ozone in

the area.

EFFECTIVE DATE: This action will be effective August 25, 1994 unless

notice is received by August 10, 1994, that any person wishes to submit

adverse or critical comments. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: William MacDowell,

Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),

U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

A copy of the exemption and redesignation requests are available

for inspection at the following location (it is recommended that you

contact Richard Schleyer at (312) 353-5089 before visiting the Region 5

office): United States Environmental Protection Agency, Region 5, Air

Enforcement Branch, Air and Radiation Division, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Richard Schleyer, Regulation Development Section, Air Enforcement

Branch (AE-17J), Region 5, United States Environmental Protection

Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-

5089.

SUPPLEMENTARY INFORMATION:

I. Background

The air quality planning requirements for the reduction of NOX

emissions are set out in Section 182(f) of the Act. Section 182(f) of

the Act requires States with areas designated nonattainment of the

NAAQS for ozone, and classified as moderate nonattainment and above, to

impose the same control requirements for major stationary sources of

NOX as apply to major stationary sources of volatile organic

compounds (VOC). These requirements include the adoption of RACT rules

for major stationary sources and nonattainment area NSR for major new

sources and major modifications. Section 182(f) provides further that

these NOX requirements do not apply for areas outside an ozone

transport region if USEPA determines that additional reductions of

NOX would not contribute to attainment. Also, the NOX-related

general and transportation conformity provisions (see 58 FR 63214 and

58 FR 62188) would not apply in an area that is granted a Section

182(f) exemption. In an area that did not implement the Section 182(f)

NOX requirements, but did achieve attainment of the ozone

standard, as demonstrated by ambient air monitoring data (consistent

with 40 CFR part 58 and recorded in the USEPA's--Aerometric Information

Retrieval System (AIRS)), it is clear that the additional NOX

reductions required by Section 182(f) would not contribute to

attainment.

II. Criteria for Evaluation of Section 182(f) Exemption Requests

The criteria established for the evaluation of an exemption request

from the Section 182(f) requirements are set forth in a USEPA

memorandum from John S. Seitz, Director, Office of Air Quality Planning

and Standards, dated May 27, 1994, entitled ``Section 182(f) Nitrogen

Oxides (NOX) Exemptions--Revised Process and Criteria,'' and a

USEPA guidance document entitled ``Guideline for Determining the

Applicability of Nitrogen Oxides Requirements Under Section 182(f),''

dated December 1993, from USEPA, Office of Air Quality Planning and

Standards, Air Quality Management Division.

III. State Submittals

On September 20, 1993, and November 8, 1993, the State of Ohio

submitted to USEPA Region 5 requests to redesignate to attainment of

the NAAQS for ozone the Toledo (Lucas and Wood Counties) and Dayton

(Montgomery, Greene, Miami, and Clark Counties) ozone nonattainment

areas. These redesignation requests are currently under review and will

be evaluated in a separate rulemaking. Included as part of the

redesignation submittals were requests that the Toledo and Dayton ozone

nonattainment areas be exempt from the requirements contained in

Section 182(f) of the Act. These exemption requests are based upon the

most recent three years of ambient air monitoring data which

demonstrate that the NAAQS for ozone has been attained in each of these

areas without additional reductions of NOX (a violation of the

ozone NAAQS occurs when the average expected exceedances for any ozone

monitoring site in a three year period is greater than 1.0).

Two ozone exceedances were recorded in the Toledo area for the

period from 1991 to 1993: 306 N. Yondota--0.127 ppm (1991) and 0.126

ppm (1993); Friendship Park--0.136 ppm (1993). For this three year

period, the Toledo nonattainment area had an average of 0.73 expected

exceedances with a design value of 0.120 ppm.

The only ozone exceedance, 0.125 ppm (1993), in the Dayton area for

the period from 1991 to 1993 was recorded at the monitor located at

2100 Timberlane. For this three year period, the Dayton nonattainment

area had an average of 0.33 expected exceedances with a design value of

0.112 ppm. Thus, both areas are not currently recording violations of

the air quality standard for ozone.

A more detailed summary of the ozone monitoring data for both areas

is provided in the USEPA technical support document dated April 20,

1994.

IV. Analysis of State Submittals

USEPA has reviewed the ambient air monitoring data for ozone

(consistent with the requirements contained in 40 CFR part 58 and

recorded in AIRS) submitted by the State of Ohio in support of these

exemption requests, and has determined that a violation of the ozone

NAAQS has not occurred in the Toledo or Dayton nonattainment areas,

and, thus, the exemption requests for the Toledo and Dayton areas meet

the applicable requirements contained in the USEPA policy and guidance

documents referenced above.

V. NOX RACT Rules

Ohio was required to submit NOX RACT rules to USEPA for the

Toledo and Dayton ozone nonattainment areas by November 15, 1992. On

April 15, 1993, USEPA notified the Governor of Ohio of a finding that

the State failed to submit the required rules. The State is required to

submit complete rules to USEPA within 18 months of the date of the

finding in order to avoid the initiation of sanctions under Section

179(b) of the Act. Ohio is currently drafting NOX RACT rules for

the Toledo and Dayton nonattainment areas. These rules, when approved

by USEPA and adopted by the State, shall be suspended by the State for

the Toledo and Dayton areas upon the approval of the 182(f) exemption

requests. However, the State will be required to implement these rules

upon a monitored violation on the ozone NAAQS in the applicable area(s)

(please refer to Section VI of this Notice--Withdrawal of the

Exemptions) [The current draft of the NOX RACT rules (dated April

18, 1994) submitted by the State of Ohio does not include the provision

that the NOX RACT rules will be implemented upon a violation of

the ozone NAAQS. USEPA notified the State of Ohio that this provision

must be included in order for the NOX RACT rules to be

approvable.] Approval of the Section 182(f) exemption requests stops

the sanctions clock for non-submission of the NOX RACT rules for

the Toledo and Dayton areas as of the effective date of this notice.

VI. Withdrawal of the Exemptions

Continuation of the Section 182(f) exemptions granted herein is

contingent upon the continued monitoring and continued attainment and

maintenance of the ozone NAAQS in the affected areas. If a violation of

the ozone NAAQS is monitored in the Toledo or Dayton area(s)

(consistent with the requirements contained in 40 CFR part 58 and

recorded in AIRS) USEPA will provide notice in the Federal Register. A

determination that the NOX exemption no longer applies would mean

that the NOX NSR and general and transportation conformity

provisions would immediately be applicable (see 58 FR 63214 and 58 FR

62188) to the affected areas. While the NOX RACT requirements

would also be applicable, some reasonable period of notice time is

necessary to provide major stationary sources subject to the RACT

requirements time to purchase, install and operate any required

controls. Accordingly, the State may provide sources a reasonable time

period after such USEPA determination to meet the RACT emission limits.

USEPA expects such time period to be expeditious as practicable, but no

case longer than 24 months. If a nonattainment area is redesignated to

attainment of the ozone NAAQS, NOX RACT is to be implemented as

stated in the USEPA approved maintenance plan.

Additionally, as stated in the December 1993 USEPA guidance

document referenced above, an exemption from the requirements contained

in Section 182(f) would not be approved if there is evidence, such as

photochemical grid modeling, showing that the NOX exemption would

interfere with the attainment or maintenance of the ozone NAAQS in a

downwind area.

VII. Inspection and Maintenance (I/M) Programs

The I/M Program Final Rule (57 FR 52950) provides that if USEPA

determines that NOX emission reductions are not beneficial in a

given ozone nonattainment area, then the basic I/M NOX requirement

may be omitted from the I/M program and NOX emission reductions

are not required of an enhanced I/M program (but the program shall be

designed to offset NOX increases resulting from the repair of

hydrocarbon (HC) and carbon monoxide (CO) failures).

For the Toledo nonattainment area, a Basic I/M program is required.

This approval allows the basic I/M NOX requirement to be omitted

from the program. For the Dayton nonattainment area, the State has

adopted an Enhanced I/M program. Based on this approval, NOX

emission reductions are not required of this program (however, the

program shall be designed to offset NOX increases resulting from

the repair of HC and CO failures).

VIII. Final Action

USEPA is approving Ohio's requests to exempt the Toledo and Dayton

ozone nonattainment areas from the Section 182(f) NOX

requirements. This approval is based upon the evidence provided by the

State and the State's compliance with the requirements outlined in the

applicable USEPA guidance. This action exempts the Toledo and Dayton

areas from the requirements to implement NOX RACT requirements,

nonattainment area new source review for new sources and modifications

that are major for NOX, and the applicable general and

transportation conformity provisions for NOX. If a violation of

the ozone NAAQS occurs in the Toledo or Dayton area(s), the exemption

from the requirements of Section 182(f) of the Act in the applicable

area(s) shall no longer apply.

IX. Procedural Background

This action is being taken without prior proposal because the

changes are believed to be noncontroversial and USEPA anticipates no

significant comments on them. The public is advised that this action

will be effective August 25, 1994, unless notice is received by August

10, 1994, that someone wishes to submit adverse or critical comments.

If the EPA receives adverse comment, the direct final rule will be

withdrawn and all public comments received will be addressed in a

subsequent final rule based on a proposed rule which is published in

the proposed rule section of this Federal Register. Section 182(f)(3)

of the Act provides that the exemption requests from the requirements

of Section 182(f) be granted or denied within six months after such

submittal. In view of this requirement, USEPA is reducing the time

period allocated for public comments and the effective date in order to

process the Section 182(f) exemption requests as expeditiously as

practicable (even though the six-month deadline has already been

exceeded).

X. Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. Sections 600 et

seq., USEPA must prepare a regulatory flexibility analysis assessing

the impact of any proposed or final rule on small entities; 5 U.S.C.

603 and 604. Alternatively, USEPA may certify that the rule will not

have a significant impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

Today's exemptions do not create any new requirements, but allow

suspension of the indicated requirements for the life of the

exemptions. Therefore, because the approval does not impose any new

requirements, I certify that it does not have a significant impact on

any small entities affected.

Under Section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 25, 1994. Filing a petition for

reconsideration by the Administrator of this rule does not affect the

finality of this rule for the purposes of judicial review nor does it

extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such a rule. This

action may not be challenged later in proceedings to enforce its

requirements. Section 307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen oxides,

Ozone, Volatile organic compounds, Hydrocarbons, Intergovernmental

relations, Reporting and recordkeeping requirements.

Dated July 11, 1994.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter 1, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7642.

Subpart KK--Ohio

2. Section 52.1879 is amended by adding a new paragraph (f) to read

as follows:

Sec. 52.1879 Review of new sources and modifications.

* * * * *

(f) Approval--USEPA is approving two exemption requests submitted

by the Ohio Environmental Protection Agency on September 20, 1993, and

November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,

respectively, from the requirements contained in Section 182(f) of the

Clean Air Act. This approval exempts these areas from implementing

reasonably available control technology (RACT) for major sources of

nitrogen oxides (NOX), nonattainment area new source review for

new sources and modifications that are major for NOX, and the

NOX related requirements of general and transportation conformity

provisions. If a violation of the ozone NAAQS occurs in the Toledo or

Dayton area(s), the exemptions from the requirements of Section 182(f)

of the Act in the applicable area(s) shall no longer apply.

3. Section 52.1885 is amended by adding a new paragraph (r) to read

as follows:

Sec. 52.1885 Control Strategy: Ozone.

* * * * *

(r) Approval--USEPA is approving two exemption requests submitted