Clean Air Act Final Full Approval of Operating Permits Program; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[OH001; FRL-5276-9]

Clean Air Act Final Full Approval of Operating Permits Program;

Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: The EPA is fully approving the operating permits program

submitted by the State of Ohio for the purpose of complying with

Federal requirements for an approvable State program to issue operating

permits to all major stationary sources, and to certain other sources.

EFFECTIVE DATE: October 1, 1995.

ADDRESSES: Copies of the State's submittal and other supporting

information used in developing the final full approval are available

for inspection during normal business hours at the following location:

EPA Region 5, Air and Radiation Division (AR-18J), 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Steven Pak, EPA Region 5, Air and

Radiation Division (AR-18J), 77 West Jackson Boulevard, Chicago,

Illinois 60604, (312) 886-1497.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Title V of the Clean Air Act (``the Act'') and implementing

regulations at 40 Code of Federal Regulations (CFR) Part 70 require

that States develop and submit operating permits programs to EPA by

November 15, 1993, and that EPA act to approve or disapprove each

program within one year after receiving the submittal. The EPA's

program review occurs pursuant to section 502 of the Act and the part

70 regulations, which together outline criteria for approval or

disapproval. Where a program substantially, but not fully, meets the

requirements of part 70, EPA may grant the program interim approval for

a period of up to two years. If EPA has not fully approved a program by

two years after the November 15, 1993 date, or by the end of an interim

program, it must establish and implement a Federal program.

On April 13, 1995, EPA proposed full approval of the operating

permits program for the State of Ohio. See 60 FR 18790. EPA received

comments from two organizations on the proposal and is responding to

the comments below. EPA has also compiled a Technical Support Document

responding to the comments. In this notice, EPA is taking final action

to promulgate full approval of the operating permits program for the

State of Ohio.

II. Final Action and Implications

A. Analysis of State Submission

On April 13, 1995, EPA proposed full approval of the operating

permits program for the State of Ohio. The program elements and issues

discussed in the proposal are unchanged since the original analysis in

the proposal and the program continues to fully meet the requirements

of part 70.

B. Response to Public Comments

EPA received comments from two organizations: Porter, Wright,

Morris & Arthur, submitted on behalf of the Ohio Chamber of Commerce,

the Ohio Chemical Council, and the Printing Industry of Ohio; and

Wright-Patterson Air Force Base in Ohio. Porter, Wright, Morris &

Arthur supports EPA's proposed full approval. Wright-Patterson Air

Force Base included a list of nine comments on the Ohio operating

permits program. Responses to these nine comments follow.

One of the comments questions the approvability of the Ohio

operating permits program because the electronic application form

currently being developed by the State is ``nothing like'' the

application form that the State submitted with its program. The part 70

requirements with respect to application forms deal with application

content and not format. These requirements are found at section 70.5(c)

and are fully satisfied by the State's regulations. This comment does

not alter EPA's approval of the Ohio program because the commentor did

not provide any information to indicate that the electronic version of

the application form is inconsistent with section 70.5(c), and because

the electronic application form to which the commentor refers has not

been submitted to EPA for approval and is not an element of this

approval.

Five of the comments can be categorized as inquiries and concerns

with program implementation. These comments do not deal with program

approval requirements under part 70 and do not affect EPA's approval of

the Ohio operating permits program. The commentor should approach the

State directly with these program implementation questions and

concerns.

The remaining three comments express dissatisfaction with the scope

of specific provisions in the State's program and could be considered

requests for EPA to broaden the scope of the State's program; however,

the provisions that the commentor references currently comply with the

requirements of part 70. In addition, EPA's role in the approval

process is to review and approve or disapprove operating permits

programs submitted by States and not to make revisions to those

programs. In any case, the commentor should contact the State with

requests for program revisions.

[[Page 42046]]

C. Final Action

EPA is promulgating full approval of the operating permits program

submitted to EPA by the State of Ohio on July 22, 1994, and amended on

September 12, 1994; November 21, 1994; December 9, 1994; and January 5,

1995. Among other things, the State of Ohio has demonstrated that the

program meets the minimum elements of a State operating permits program

as specified in 40 CFR Part 70.

The scope of the State's operating permits program approved in this

notice applies to all part 70 sources (as defined in the approved

program) within the State of Ohio.

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a State program for

delegation of section 112 standards as promulgated by EPA, as they

apply to part 70 sources. Section 112(l)(5) requires that the State's

program contain adequate authorities, adequate resources for

implementation, and an expeditious compliance schedule, which are also

requirements under part 70. Therefore, EPA is also promulgating full

approval under section 112(l)(5) and 40 CFR 63.91 of the State's

program for receiving delegation of section 112 standards that are

unchanged from Federal standards as promulgated. This program for

delegations only applies to sources covered by the part 70 program.

III. Administrative Requirements

A. Docket

Copies of the State's submittal and other information relied upon

for the final full approval, including the two public comments received

and reviewed by EPA on the proposal, are contained in a docket

maintained at the EPA Regional Office. The docket is an organized and

complete file of all the information submitted to, or otherwise

considered by, EPA in the development of this final full approval. The

docket is available for public inspection at the location listed under

the ADDRESSES section of this document.

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

EPA's actions under section 502 of the Act do not create any new

requirements, but simply address operating permits programs submitted

to satisfy the requirements of 40 CFR Part 70. Because this action does

not impose any new requirements, it does not have a significant impact

on a substantial number of small entities.

D. Unfunded Mandates Act

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated today does

not include a Federal mandate that may result in estimated costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

and Reporting and recordkeeping requirements.

Dated: July 28, 1995.

William E. Muno,

Acting Regional Administrator.

40 CFR Part 70 is amended as follows:

PART 70--[AMENDED]

1. The authority section for part 70 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended by adding the entry for Ohio in

alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

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Ohio.

(a) The Ohio Environmental Protection Agency submitted on July 22,

1994; September 12, 1994; November 21, 1994; December 9, 1994; and

January 5, 1995; full approval effective on October 1, 1995.

(b) Reserved

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[FR Doc. 95-20169 Filed 8-14-95; 8:45 am]

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