Approval and Promulgation of Implementation Plans; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH57-2-6367; FRL-5054-5]

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is partially approving and partially disapproving a

requested revision to the Ohio State Implementation Plan (SIP) for

particulate matter (PM) and nitrogen oxides (NOx) for sources

within specified source categories that require continuous emissions

monitoring (CEM) and reporting. The revision request consists of CEM

requirements contained in operating permits. USEPA is disapproving the

CEM requirements contained in expired permits and approving the CEM

requirements that are contained in unexpired permits. Additionally,

there are no NOx sources in the specified category. Therefore,

USEPA is also approving Ohio's negative declaration for NOx

sources.

USEPA's action is based upon a revision request which was submitted

by the State to satisfy the requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule becomes effective on October 13, 1994.

ADDRESSES: Copies of the SIP revision request, public comments on the

rulemaking and other materials relating to this rulemaking are

available for inspection at the following address: (It is recommended

that you telephone Maggie Greene, at (312) 886-6088, before visiting

the Region 5 Office.) United States Environmental Protection Agency,

Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AE-

17J), Chicago, Illinois 60604.

A copy of this requested revision to the Ohio SIP is also available

for inspection at the following address: Office of Air and Radiation

(OAR), Docket and Information Center (Air Docket 6102), room M1500,

United States Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Maggie Greene, Air Enforcement Branch,

Regulation Development Section (AE-17J), United States Environmental

Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6088.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On January 5, 1987, the Ohio Environmental Protection Agency (OEPA)

submitted to the USEPA a request for a revision to the Ohio SIP for

particulate matter and nitrogen oxides for sources within specified

source categories that require continuous emissions monitoring (CEM)

and reporting. The revision request consisted of CEM requirements

contained in operating permits for 116 associated sources at 37

facilities.

The revision was submitted to satisfy the requirements of section

110(a)(2)(F)(i), (ii) and (iii) of the Clean Air Act and the specific

provisions described in 40 CFR part 51, appendix P. Section

110(a)(2)(F) provides that the SIP must require the installation of

equipment to monitor emissions from stationary sources, periodic

reporting of such emissions and correlation of such reports with any

emission limitations established in the SIP for source categories

identified in 40 CFR part 51, appendix P.

The source categories and the respective monitoring requirements

identified in 40 CFR part 51, appendix P are listed below:

1. Fossil fuel-fired steam generators. This category shall be

monitored for opacity, nitrogen oxide emissions, sulfur dioxide

emissions, and oxygen or carbon dioxide.

2. Fluid bed catalytic cracking unit catalyst regenerators. This

category shall be monitored for opacity.

3. Sulfuric acid plants. This category shall be monitored for sulfur

dioxide emissions.

4. Nitric acid plants with greater than 300 tons per day production

capacity shall be monitored for nitrogen oxide emissions.

On March 11, 1994, the USEPA published a rulemaking action in the

Federal Register (59 FR 11569) proposing to disapprove the requested

revision because the CEM requirements were contained in expired permits

and were no longer enforceable. USEPA stated in the proposed rulemaking

action that if the OEPA submitted up-to-date permits containing

approvable CEM requirements for the facilities covered by the revision,

USEPA would approve the revision request through the effective dates of

such permits.

On April 11, 1994, the OEPA submitted a new revision request to

USEPA in response to the March 11, 1994 proposed rulemaking, along with

its comments on the rulemaking. Comments were also received from Dayton

Power and Light Company (DP&L), and Fuller & Henry on behalf of the

Environmental Committee of the Ohio Electric Utility Institute and the

following member companies: Buckeye Power, Inc., Columbus Southern

Power Company, Dayton Power and Light Company, Ohio Edison Company,

Ohio Power Company, Ohio Valley Electric Corporation, The Cleveland

Electric Illuminating Company, The Cincinnati Gas & Electric Company,

and The Toledo Edison Company (Ohio Utilities).

II. Public Comments and USEPA Responses

USEPA's evaluation of the comments is summarized below.

OEPA Comment: On May 5, 1987, USEPA approved Ohio EPA's SIP

revision based on permits to operate which incorporated the appendix P

sulfur dioxide monitoring requirements for Coulton Chemical Plant in

Toledo, Ohio and the E. I. duPont de Nemours and Company facility in

Miami, Ohio that were issued on January 3, and March 25, 1986,

respectively.

USEPA Response: This rulemaking action involves CEM requirements

for particulate matter and nitrogen oxide emissions. As stated in the

proposed rulemaking action, this revision request does not apply to the

monitoring of sulfur dioxide emissions at fossil fuel-fired steam

generators and sulfuric acid plants. The sulfur dioxide CEM

requirements for the above facilities were discussed in a separate

Federal Register rulemaking (54 FR 1693), dated January 17, 1989.

OEPA Comment: Failure on the part of USEPA to act on the opacity

monitoring provisions of the SIP in a timely manner has adversely

affected the State since it is required to resubmit additional

documentation and be subject to changes in USEPA policy.

USEPA Response: This Agency is limited to taking action on the

revision request that has been formally submitted to it, and has no

choice except to disapprove CEM, recording, and reporting requirements

contained in unenforceable expired permits.

OEPA Comment: As late as April 8, 1994, Ohio EPA staff has been

told that even if OEPA filed the required information in accordance

with the March 11, 1994 Federal Register, the SIP submittal may not be

approvable.

USEPA Response: This comment seems to be the result of a

misconception on the part of OEPA. USEPA stated in the March 11, 1994

Federal Register that if the OEPA submitted up-to-date permits,

containing approvable CEM requirements, the USEPA would then approve

the revision request in the final rulemaking action. In an April 5,

1994, discussion regarding furnishing OEPA example CEM rule language,

it was mentioned that USEPA was exploring the possibility of

conditionally approving the SIP revision request in the final action.

It was further stated that conditionally approving the revision might

not be possible and the issue would be discussed further with OEPA. No

statement was made that the revision might not be approved if up-to-

date permits were submitted to USEPA.

Ohio Utilities Comment: The Ohio Utilities' stated concern with

USEPA's proposed disapproval action is OEPA's proposed incorporation of

the CEM program into Ohio's SIP on a permit-by-permit basis. This

method of adopting approvable CEM requirements creates an unnecessary

burden on Ohio EPA and the regulated community, fails to recognize the

flexibility needed to operate a successful CEM program, and does not

allow for due process as in the case of rulemaking. USEPA should

instead require Ohio EPA to go through rulemaking procedures and adopt

40 CFR part 51, appendix P to satisfy CEM requirements.

The Ohio Utilities also expressed concern that permit specific CEM

requirements place unnecessary burdens on OEPA and the regulated

community and that there is little or no opportunity for public

comment.

USEPA Response: The USEPA has requested that the OEPA go through

rulemaking procedures and adopt the CEM requirements in 40 CFR part 51,

appendix P by revising language in existing Ohio Administrative Code

rules or by adopting new rules. OEPA's promulgation of rules will

resolve the problems associated with incorporating the CEM requirements

into the SIP on a permit-by-permit basis. The rules would require that

all sources in a category listed in 40 CFR part 51, appendix P install,

calibrate, maintain and operate equipment for continuously monitoring,

recording and reporting emissions in accordance with appendix P's

minimum monitoring requirements. Section 119.03 of the Ohio Revised

Code requires OEPA to provide public notice and hold a public hearing

when rules are adopted, amended or rescinded. Written or oral comments

may be presented at the public hearing. The rules would then be

submitted to the USEPA as a SIP revision request. Thus, all interested

parties would have an opportunity to comment before the revision to the

SIP becomes final.

Ohio Utilities Comment: The Ohio Utilities expressed concern about

the fact that circumstances at a facility may change requiring a change

in the CEM monitoring requirements and the facility would have to

follow existing permit requirements, even though inapplicable, until

OEPA revises the SIP. Additionally, Ohio Utilities expressed concern

that the OEPA may have erroneously incorporated CEM requirements into

permits for sources not covered by appendix P.

USEPA Response: The USEPA understands the concerns of the Ohio

Utilities. Instead of incorporating CEM requirements on a permit-by-

permit basis, USEPA has requested that the OEPA revise existing rules

or adopt new rules to incorporate the CEM requirements, for specified

source categories, into the Ohio SIP. Any revised rules adopted by the

State to establish its CEM program must meet all of the requirements of

section 110(a)(2)(F)(i), (ii) and (iii) of the Clean Air Act and the

specific provisions contained in 40 CFR part 51, appendix P. As to the

point regarding erroneous incorporation of CEM requirements into

permits, it is not clear to USEPA which sources are being referred to

by the Ohio Utilities. However, before the new rules are incorporated

in the Ohio SIP, the regulated community will be given an opportunity

to comment regarding the appropriateness of CEM requirements being

applied to sources. Also, see USEPA's response below that addresses

concerns about CEM requirements for two facilities. Adherence to the

State and the Federal administrative procedure acts will ensure that

the regulated community is afforded the due process associated with

rulemaking actions. The CEM requirements being approved by this

rulemaking action will be effective through the expiration date of the

permits.

Dayton Power and Light Company (DP&L) Comment: DP&L objects to

USEPA including and/or identifying DP&L's Longworth andHutchings

Stations as being required to comply with the requirements of appendix

P.

USEPA Response: The OEPA submitted a SIP revision request,

consisting of Permits to Operate to USEPA on January 5, 1987, and

requested that USEPA rulemake only on those portions of the permits

pertaining to the CEM requirements. The Longworth Station, Application

No. 0857040016 B004, was identified in OEPA's January 5, 1987,

submittal as a fossil fuel-fired steam generator with greater than 250

million BTU per hour heat input that requires CEM. The Permit to

Operate for Longworth Station, Application Number 0857040016 B004 in

OEPA's April 11, 1994, revised submittal does not contain CEM

requirements, but instead provides for visible emission readings.

Therefore, USEPA is not rulemaking on the Longworth Station Permit to

Operate.

DP&L Comment: DP&L's Hutchings Station has demonstrated to the

State that it has an annual average capacity factor of less than 30

percent for its boilers and, pursuant to 40 CFR part 51, appendix P,

paragraph 2.1 is not subject to CEM requirements. Because of the low

annual average capacity factor, neither Ohio EPA nor the Regional Air

Pollution Control Agency have required Hutchings Station to install

opacity monitors.

USEPA Response: 40 CFR part 51, appendix P, paragraph 2.1 requires

CEM for fossil fuel-fired steam generators with an annual average

capacity factor of greater than 30 percent as reported to the Federal

Power Commission, or as otherwise demonstrated to the State by the

owner or operator. The Special Terms and Conditions contained in the

Permits to Operate submitted to USEPA by OEPA on April 11, 1994 for

DP&L, Hutchings Station, Application Numbers 0857780013 B001 through

0857780013 B006, require that Hutchings Station undergo an annual

review to determine if continuous opacity monitors must be installed.

As requested by OEPA, USEPA is rulemaking only on the portions of the

permits that contain CEM requirements. Therefore, USEPA is not

rulemaking on the DP&L, Hutchings Station, Permits to Operate.

DP&L Comment: DP&L expressed its concern about the CEM requirements

being approved only through the effective dates of the permits and

about the fact that the OEPA has not adopted rules to incorporate the

CEM program requirements into the Ohio SIP.

USEPA Response: As stated previously in USEPA's response to the

Ohio Utilities comment, USEPA has requested that OEPA adopt new or

revised rules for incorporating the CEM requirements of 40 CFR part 51,

appendix P into the Ohio SIP. As to the limited duration of the

approval, CEM plans are required by 40 CFR 51.214 to contain legally

enforceable procedures for requiring stationary sources listed in 40

CFR part 51, appendix P, to install and operate CEM equipment. In this

instance, USEPA can only approve the CEM requirements through the

effective date of the permits, because expired permits are not legally

enforceable and would, therefore, not meet the requirements of 40 CFR

part 52, appendix P.

III. Rulemaking Action

USEPA is approving the CEM requirements through the expiration

dates of the up-to-date Permits to Operate and disapproving the CEM

requirements as to permits that have expired. CEM recording and

reporting requirements are approved for sources at the following

facilities:

Cincinnati Gas and Electric (CG&E) Company-W. C. Beckjord Station

CG&E Miami Fort Station

Cleveland Electric Illuminating (CEI) Company (Centerior Energy)

Ashtabula Plant ``C''

CEI Lakeshore Plant

Columbus Southern Power Company (CSPC)-Conesville Station

Dayton Power and Light (DP&L) Company-J. M. Stuart Station

Ohio Edison (OE), R.E. Burger Plant

OE Toronto Plant

OE W. H. Sammis Plant

OE Edgewater Station

Ohio Power (OP) Company-Gavin Plant

OP Cardinal Operating Company

OP Buckeye Power, Inc.

OP Muskingum River Plant

Orrville Municipal Power Plant

Piqua Municipal Power Plant

American Municipal Power-Ohio, Inc.

Procter and Gamble Company

Champion International, Hamilton Mill

British Petroleum Oil Company-Toledo Refinery

Ashland Petroleum

Nitric acid plants of greater than 300 tons per day production

capacity must be monitored for nitrogen oxides. The State of Ohio does

not have any nitric acid plants that exceed the 300 ton per day

production capacity. Therefore, USEPA is approving the State of Ohio's

negative declaration for nitrogen oxide emissions at applicable nitric

acid plants.

USEPA is disapproving the CEM requirements contained in expired

permits for the following sources:

Cincinnati Gas and Electric Company, W. C. Beckjord Station,

Application Nos. 1413100008 B001 and 1413100008 B04.

Cleveland Electric Illuminating (CEI) Company, Ashtabula,

Application Nos. 0204000211 B002 and 0204000211 B004.

CEI Ashtabula A and B Plant, Application No. 0204010000 B008.

CEI Avon Lake Plant, Application Nos. 0247030013 B010 through

0247030013 B012, and Application No. 02470300013 B014.

CEI Eastlake Plant, Application Nos. 0243160009 B001 through

0243160009 B005.

Columbus Southern Power, Picway Station, Application No. 0165000006

B004.

Ohio Edison, Niles Station, Application Nos. 0278060023 B001 and

0278060023 B002.

Ohio Edison, W. H. Sammis Plant, Application No. 1741160017 B011 and

1741160017 B012.

Mead Corporation, Application Nos. 0671010028B001 B001 through

0671010028 B003.

Toledo Edison (TE) Company, Acme Station, Application Nos.

0448010086 B005 through 0448010086 B010.

TE, Bay Shore Station, Application Nos. 0448020006 B001 through

0448020006 B004.

American Municipal Power-Ohio, Inc., Application No. 0684020038

B004.

Goodyear Tire & Rubber Company, Application Nos. 1677010192 B001 and

1677010192 B002.

Procter and Gamble Company, Application No. 1431390903 B021.

Champion Intenational, Hamilton Mill-Champion Papers, Application

No. 1409040212 B020.

British Petroleum Oil Company, Lima Refinery, Application No.

0302020012 P010.

Hamilton Municipal Elecric Plant, Application No. 1409040243 B008.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the

requirements of section 3 of Executive Order 12291 for 2 years. The

USEPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the waiver until

such time as it rules on USEPA's request. This request continues in

effect under Executive Order 12866, which superseded Executive Order

12291 on September 30, 1993. OMB has exempted this regulatory action

from Executive Order 12866 review.

Under the Regulatory Flexibility Act, 5 U.S.C. 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.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements. I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids USEPA to base its actions concerning SIPS on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976);

42 U.S.C. 7410(a)(2).

USEPA's disapproval of a portion of the State request under section

110 and subchapter I, part D of the CAA does not affect any existing

requirements applicable to small entities. Any pre-existing Federal

requirements remain in place after this disapproval. Federal

disapproval of the State submittal does not affect its State-

enforceability. Moreover, USEPA's disapproval of a portion of the

submittal does not impose any new Federal requirements. Therefore,

USEPA certifies that this action does not have a significant impact on

a substantial number of small entities because it does not remove

existing requirements nor does it impose any new Federal requirements.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by November 14, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Particulate

matter, Reporting and recordkeeping requirements.

Note: Incorporation by reference of the State Implementation

Plan for the State of Ohio was approved by the Director of the

Federal Register on July 1, 1982.

Dated: August 8, 1994.

David A. Ullrich,

Acting Regional Administrator.

Part 52, chapter I, 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. 7401-7671q.

Subpart KK--Ohio

2. Section 52.1870 is amended by adding paragraph (c)(88) to read

as follows:

Sec. 52.1870 Identification of plan.

* * * * *

(c) * * *

(88) On April 11, 1994, the Ohio Environmental Protection Agency

submitted a request for a revision to the Ohio State Implementation

Plan for particulate matter and nitrogen oxides for specified source

categories that require continuous emissions monitoring, recording, and

reporting.

(i) Incorporation by reference.

(A) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 1413100008 B002 and 1413100008 B005 for

Cincinnati Gas and Electric (CG&E) Company, W. C. Beckjord Station. The

dates of issuance are July 16, 1992. These permits are approved through

the expiration date of July 15, 1995.

(B) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 1413100008 B003 and 1413100008 B006 for

Cincinnati Gas and Electric Company, W. C. Beckjord Station. The dates

of issuance are November 13, 1992. These permits are approved through

the expiration date of November 12, 1995.

(C) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 1431350093 B005 and 1431350093 B006 for

Cincinnati Gas and Electric Company, Miami Fort. The dates of issuance

are September 3, 1993. These permits are approved through the

expiration date of September 1, 1996.

(D) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1431350093 B007 for Cincinnati Gas and

Electric Company, Miami Fort. The date of issuance is November 19,

1993. This permit is approved through the expiration date of November

18, 1996.

(E) Special Terms and Conditions No. 3 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0204000211 B001 and 0204000211 B003 for

Cleveland Electric Illuminating Company, Ashtabula Plant ``C''. The

dates of issuance are April 24, 1992. These permits are approved

through the expiration date of April 23, 1995.

(F) Special Terms and Conditions No. 6 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1318000245 B006 for Cleveland Electric

Illuminating Company, Lakeshore Plant. The date of issuance is December

7, 1993. This permit is approved through the expiration date of

December 6, 1996.

(G) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0616000000 B004 for Columbus Southern Power

Company, Conesville Station. The date of issuance is December 4, 1992.

This permit is approved through the expiration date of December 3,

1995.

(H) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0616000000 B001 and 0616000000 B002 for

Columbus Southern Power Company, Conesville Station. The dates of

issuance are June 22, 1993. These permits are approved through the

expiration date of June 21, 1996.

(I) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0616000000 B003 for Columbus Southern Power

Company, Conesville Station. The date of issuance is June 29, 1993.

This permit is approved through the expiration date of June 28, 1996.

(J) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0701000007 B001 through 0701000007 B004 for

Dayton Power and Light Company, J. M. Stuart Station. The dates of

issuance are July 6, 1993. These permits are approved through the

expiration date of July 5, 1996.

(K) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1707130015 B005 for Ohio Edison Company, R.

E. Burger Plant. The date of issuance is July 30, 1993. This permit is

approved through the expiration date of July 29, 1996.

(L) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 1707130015 B006 through 1707130015 B008,

and Application Numbers 1707130015 B011 and B012 for Ohio Edison

Company, R. E. Burger Plant. The dates of issuance are August 3, 1993.

These permits are approved through the expiration date of August 2,

1996.

(M) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 1707130015 B009 and 1707130015 B010 for

Ohio Edison Company, R. E. Burger Plant. The dates of issuance are

October 8, 1993. These permits are approved through the expiration date

of October 7, 1996.

(N) Special Terms and Conditions No. 6 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741180018 B001 for Ohio Edison Company,

Toronto Plant. The date of issuance is March 5, 1993. This permit is

approved through the expiration date of March 4, 1996.

(O) Special Terms and Conditions No. 6 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741180018 B001 for Ohio Edison Company,

Toronto Plant. The date of issuance is March 5, 1993. This permit is

approved through the expiration date of March 4, 1996.

(P) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741180018 B002 for Ohio Edison Company,

Toronto Plant. The date of issuance is October 15, 1993. This permit is

approved through the expiration date of October 24, 1996.

(Q) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741180018 B003 for Ohio Edison Company,

Toronto Plant. The date of issuance is November 23, 1992. This permit

is approved through the expiration date of November 22, 1995.

(R) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 1741160017 B007 and B008, 1741160017 B010

and 1741160017 B013 for Ohio Edison Company, Sammis Plant. The dates of

issuance are March 10, 1993. These permits are approved through the

expiration date of March 9, 1996.

(S) Special Terms and Conditions No. 3 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741160017 B009 for Ohio Edison Company,

Sammis Plant. The date of issuance is June 25, 1993. This permit is

approved through the expiration date of June 24, 1996.

(T) Special Terms and Conditions No. 6 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0247080049 B003 for Ohio Edison Company,

Edgewater Plant. The date of issuance is February 25, 1994. This permit

is approved through the expiration date of February 25, 1997.

(U) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0627010056 B003 and 0627010056 B004 for

Ohio Power Company, General James M. Gavin Plant. Thes date of issuance

are May 2, 1992. These permits are approved through the expiration date

of April 30, 1995.

(V) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741050002 B001 for Ohio Power Company,

Cardinal Operating Company. The date of issuance is March 30, 1993.

This permit is approved through the expiration date of March 29, 1996.

(W) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741050002 B002 for Ohio Power Company,

Cardinal Operating Company. The date of issuance is November 12, 1993.

This permit is approved through the expiration date of November 11,

1996.

(X) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1741050129 B002 for Ohio Power Company,

Buckeye Power, Inc. The date of issuance is October 10, 1992. This

permit is approved through the expiration date of October 19, 1995.

(Y) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0684000000 B002, 0684000000 B003,

0684000000 B004, and 0684000000 B005 for Ohio Power Company, Muskingum

River Plant. The dates of issuance are May 12, 1993. These permits are

approved through the expiration date of May 11, 1996.

(Z) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0684000000 B006 for Ohio Power Company,

Muskingum River Plant. The date of issuance is April 20, 1993. This

permit is approved through the expiration date of April 19, 1996.

(AA) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0285010188 B001 for Orrville Municipal Power

Plant. The date of issuance is November 13, 1991. This permit is

approved through the expiration date of November 14, 1994.

(BB) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 028501018 B004 for Orrville Muniticpal Power

Plant. The date of issuance is January 22, 1993. This permit is

approved through the expiration date of January 21, 1996.

(CC) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0855100041 B001 and 0855100041 B002 for

Piqua Municipal Power Plant. The dates of issuance are April 10, 1992.

These permits are approved through the expiration date of April 9,

1995.

(DD) Special Terms and Conditions No. 5 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0855100041 B003 for Piqua Municipal Power

Plant. The date of issuance is April 12, 1993. This permit is approved

through the expiration date of April 11, 1996.

(EE) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permits to Operate an Air Contaminant

Source, Application Numbers 0684020037 B001 and 0684020037 B003 for

American Municipal Power-Ohio, Inc. The dates of issuance are October

12, 1993. These permits are approved through the expiration date of

October 11, 1996.

(FF) Special Terms and Conditions No. 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 0684020037 B002 for American Municipal

Power-Ohio, Inc. The date of issuance is November 30, 1993. This permit

is approved through the expiration date of November 29, 1996.

(GG) Special Terms and Conditions No. 8 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Application Number 1431390903 B022 for Procter and Gamble

Company. The date of issuance is December 4, 1992. This permit is

approved through the expiration date of December 3, 1995.

(HH) Special Terms and Conditions No. 6 of State of Ohio

Environmental Protection Agency Permit to Operate Number 1409040212

B010 for Champion International, Hamilton Mill. The date of issuance is

November 8, 1991. This permit is approved through the expiration date

of November 7, 1994.

(II) Special Terms and Conditions Nos. 3 and 4 of State of Ohio

Environmental Protection Agency Permit to Operate an Air Contaminant

Source, Appplication Number 0448020007 P007 for BP Oil Company-Toledo

Refinery. The date of issuance is March 27, 1992. This permit is

approved through the expiration date of March 26, 1995.

(JJ) Special Terms and Conditions No. 3 of State of Ohio

Environmental Protection Agency Permit to Operate Number an Air

Contaminant Source, Application Number 1576000301 P002 for Ashland

Petroleum Company. The date of issuance is January 21, 1993. This

permit is approved through the expiration date of January 21, 1996.

(ii) Additional material.

(A) Letter dated April 11, 1994 from Donald R. Schregardus,

Director, Ohio Environmental Protection Agency to Valdas V. Adamkus,

Regional Administrator, United States Environmental Protection Agency,

Region 5. The letter states that the public hearing for the SIP

revision which was held on November 13, 1986 included the negative

declaration regarding existing nitric acid plants (Section 2.2 of

Appendix P).

* * * * *

[FR Doc. 94-22526 Filed 9-12-94; 8:45 am]

BILLING CODE 6560-50-F