Approval and Promulgation of Air Quality Implementation Plans; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH-57-1-6296; FRL-4848-8]

Approval and Promulgation of Air Quality Implementation Plans;

Ohio

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is

proposing to 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 emission monitoring (CEM), and reporting. USEPA's

action is based upon a revision request submitted by the State to

satisfy the requirements of the Clean Air Act.

DATES: Comments on this proposed action must be received by April 11,

1994.

ADDRESSES: Written comments should be sent to: William L. MacDowell,

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

United States Environmental Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois 60604.

Copies of the State's submittal and USEPA's technical support

document are available for inspection during normal business hours at

the following location: Regulation Development Section, Air Enforcement

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

5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

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: On January 5, 1987, the State of Ohio

submitted to the USEPA a revision to the Ohio State Implementation Plan

(SIP) for particulate matter and nitrogen oxides for sources within

specified source categories that require continuous emission monitoring

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

contained in operating permits for 116 associated sources, at 37

facilities.

The requirements at issue are necessary to meet the general

guidelines established in 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 these

source categories. In appendix P, USEPA described specific minimum

requirements for CEM that each SIP must include in order to be approved

under the provisions of 40 CFR 51.214. CEM plans are required by 40 CFR

51.214 to provide, as a minimum, legally enforceable procedures for

requiring the stationary sources to install and operate CEM equipment.

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.

This revision request applies to the source categories of fossil

fuel-fired steam generators (except for sulfur dioxide (SO2)

emissions), fluid bed catalytic cracking unit catalyst generators, and

nitric acid plants. This revision request does not apply to the

monitoring of SO2 emissions at fossil fuel-fired steam generators

and sulfuric acid plants. These two emission sources are covered in a

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

1989. The State indicated that there are no nitric acid plants in Ohio

with a production capacity greater than 300 tons per day.

Following is a list of the 37 facilities in Ohio that are subject

to the CEM requirements in the SIP revision request:

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 ``A''

CEI Ashtabula Plant ``C''

CEI Avon Lake Plant

CEI Eastlake Plant

CEI Lakeshore Plant

Columbus and Southern Ohio Electric (C&SOE) Company-Conesville

Station

C&SOE Poston Station

C&SOE Pickaway Station

Dayton Power and Light (DP&L) Company-Longworth Station

DP&L J.M. Stuart Station

DP&L Hutchings Station

Mead Paper-Chillicothe Facility

Ohio Edison (OE) Company Niles Station

OE R.E. Burger Station

OE Toronto Station

OE W.H. Sammis Station

OE Edgewater Station

OE Gorge Station

Ohio Power (OP) Company-Gavin Plant

OP Cardinal Operating Company

OP Buckeye Power, Inc.

OP Muskingum River Plant

Ohio Valley Electric (OVE) Company-Kyger Creek Station

Orrville Municipal Power Plant

Toledo Edison (TE) Company (Centerior Energy)-Acme Station

TE Bay Shore Station

Piqua Municipal Power Plant

Elkem Metals Company

Goodyear Tire and Rubber Company-Akron Plant II

Procter and Gamble Company

The Standard Oil Company-Lima Refinery

The Standard Oil Company-Oregon

Sun Refining and Marketing Company-Toledo Refinery

Champion International, Hamilton Mill Champion Papers

Hamilton Municipal Electric Plant

The opacity CEM requirements apply to 34 of the above facilities

with fossil fuel-fired steam generators, and 3 of the above facilities

with petroleum refinery fluid bed catalytic cracking unit catalyst

regenerators.

The State of Ohio furnished USEPA with the following supplemental

information regarding these facilities subsequent to submittal of the

SIP revision request. The Columbus and Southern Ohio Electric Company

has changed its name to the Columbus Southern Power Company (CSPC).

CSPC's Poston Station was permanently shut down on October 27, 1987.

The Standard Oil Company of Ohio is now owned and operated by the

British Petroleum Oil Company. On September 1, 1988, the American

Municipal Power-Ohio, Inc. (AMP-Ohio) took over the ownership and

operation of the Elkem Metals Company boilerhouse.

Proposed Action

USEPA is proposing to disapprove the requested revision to the Ohio

SIP for particulate matter for the sources listed above that require

CEM, recording, and reporting. 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. Ohio's CEM requirements for monitoring and reporting are

contained in operating permits that have expired and are, therefore, no

longer enforceable.

If the Ohio Environmental Protection Agency submits up-to-date

permits, containing approvable CEM requirements for the facilities

covered by this requested revision before the the public comment period

ends, the USEPA would then approve the revision request in the final

Federal Register rulemaking action, through the effective dates of the

unexpired permits.

Public comments are solicited on USEPA's proposed rulemaking

action. Public comments received by April 11, 1994 will be considered

in the development of USEPA's final rulemaking action.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in the context 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). On January 6, 1989, the Office of

Management and Budget waived Table 2 and 3 SIP revisions (54 FR 222)

from the requirements of section 3 of Executive Order 12291 for a

period of 2 years. The USEPA has submitted a request for a permanent

waiver for Table 2 and Table 3 SIP revisions. The Office of Management

and Budget 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.

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.

USEPA's disapproval of the State request under section 110 and

subchapter I, part D of the Clean Air Act 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 Sta te submittal does not affect its State-

enforceability. Moreover, USEPA's disapproval of the submittal does not

impose any new Federal requirements. Therefore, USEPA certifies that

this disapproval 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Nitrogen dioxide, Particulate matter.

Authority: 42 U.S.C. 7401-7671q.

Dated: March 2, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 94-5720 Filed 3-10-94; 8:45 am]

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