[Federal Register: November 20, 2003 (Volume 68, Number 224)]
[Rules and Regulations]
[Page 65401-65403]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[OH 157-2 FRL-7588-9]
Clean Air Act Approval of Revision to Operating Permits Program
in Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve, as a revision to Ohio's
title V air operating permits program, revisions to Ohio's regulations
for insignificant emissions units (IEUs), Ohio's regulations requiring
reports of any required monitoring at least every six months and prompt
reports of deviations, and other provisions of Ohio's title V
regulations. In a Notice of Deficiency published in the Federal
Register on April 18, 2002, EPA notified Ohio of EPA's finding that
Ohio's provisions for insignificant emissions units and Ohio's
regulations requiring reports of any required monitoring at least every
six months and prompt reports of deviations did not meet minimum
Federal requirements. Final approval of this program revision resolves
the deficiency identified in the Notice of Deficiency and removes the
potential for any resulting consequences, including sanctions, with
respect to the April 18, 2002 NOD.
DATES: Effective December 22, 2003.
ADDRESSES: Copies of Ohio's submittal and other supporting information
used in developing this action are available for inspection during
normal business hours at the U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Interested persons wanting to examine these documents should make an
appointment at least 24 hours before the visiting day. A reasonable fee
may be charged for copies.
FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Environmental
Engineer, Air Permits Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4761, damico.genevieve@epa.gov.
SUPPLEMENTARY INFORMATION: This supplemental information section is
organized as follows:
A. What Is the History of This Action?
B. Did OEPA Hold a Public Hearing?
C. What Action Is EPA Taking Today?
D. Statutory and Executive Order Reviews
A. What Is the History of This Action?
The Clean Air Act (CAA or Act) requires all state and local
permitting authorities to develop operating permits programs that meet
the requirements of title V of the Act, 42 U.S.C. 7661-7661(f), and its
implementing regulations, 40 CFR part 70 (part 70). Ohio submitted its
operating permits program in response to this directive. EPA granted
full approval to Ohio's title V operating permits program on August 15,
1995 (60 FR 42045).
Ohio's title V operating permits program is implemented by the Ohio
Environmental Protection Agency (OEPA) and local air pollution control
agencies.
Pursuant to section 502(i) of the Act and 40 CFR 70.10(b)(1), EPA
notified Ohio of EPA's finding that Ohio's regulations for IEUs and
Ohio's regulations requiring reports of any required monitoring at
least every six months and prompt reports of deviations did not meet
minimum Federal requirements in a Notice of Deficiency (NOD) published
in the Federal Register on April 18, 2002 (67 FR 19175). This was
necessary to make these aspects of the Ohio program consistent with the
other permitting programs throughout the country.
On June 18, 2003, OEPA proposed revisions to its regulations for
IEUs, Ohio's regulations requiring reports of any required monitoring
at least every six months and prompt reports of deviations, and other
provisions of Ohio's title V regulations. OEPA intended the proposed
revisions to it's regulations to resolve deficiencies in Ohio's title V
program identified by EPA in the NOD. To expedite the process, Ohio
submitted to EPA proposed revisions while it processed them at the
State level. On September 30, 2003, EPA proposed to approve OEPA's
proposed revisions to its title V regulations. See 68 FR 56220. The
State public comment period on the OEPA regulations ended on July 29,
2003. On September 16, 2003, OEPA submitted the final revisions to its
title V regulations and asked EPA to give final approval to the
revisions. The revisions submitted by OEPA on September 16, 2003 are
identical in substance to the proposed regulations for which EPA
proposed approval on September 30, 2003.
EPA received no comments on its proposal to approve OEPA's proposed
revisions to its title V regulations. Accordingly, EPA is taking final
action to approve OEPA's final revisions to its IEU provisions, Ohio's
regulations requiring reports of any required monitoring at least every
six months and prompt reports of deviations, and other provisions of
Ohio's title V regulations. OEPA's final revisions are described in
EPA's proposed approval notice. See 68 FR 56220.
B. Did OEPA Hold a Public Hearing?
On June 18, 2003, OEPA proposed revisions to its regulations for
IEUs, Ohio's regulations requiring reports of any required monitoring
at least every six months and prompt reports of deviations, and other
provisions of Ohio's title V regulations. OEPA held a public hearing on
these revisions on July 28, 2003, in Columbus, Ohio. The public comment
period closed on July 29, 2003.
C. What Action Is EPA Taking Today?
EPA is taking final action to approve, as a revision to OEPA's
title V air operating permits program, revisions to OEPA's regulations
for IEUs and reporting, specifically, revisions to OAC 3745-77-02(E),
3745-77-07(A)(13), 3745-77-07(A)(3)(c)(ii) and (iii), 3745-77-07(I),
and 3745-77-08(C). EPA has determined that these changes meet the
requirements of title V and part 70 relating to IEUs and reporting, and
adequately address the deficiency identified in the Notice of
Deficiency published in the Federal Register on April 18, 2002 (67 FR
19175). EPA is also approving Ohio's new provisions at 3745-77-01(U),
3745-77-01(W)(2)(aa), 3745-77-01(MM) and 3745-77-01(NN). Ohio's program
revision satisfactorily addresses the program deficiency identified in
EPA's NOD, published on April 18, 2002 (67 FR 19175). Because Ohio
timely corrected those deficiencies, see 40 CFR 70.10(b), there are no
potential consequences of the NOD, such as sanctions or promulgation of
a federal operating permits program.
Because these rules apply throughout the State of Ohio, this
approval applies to all State and local agencies that implement Ohio's
operating permits program.
[[Page 65402]]
D. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and therefore is not subject to review by the
Office of Management and Budget.
Executive Order 13211; Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this action approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain an unfunded mandate nor does
it significantly or uniquely affect small governments, as described in
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified by Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, ``Federalism'' (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This final approval also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not a significant
regulatory action under executive order 12866.
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impracticable. In
reviewing program submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Absent a prior
existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a program submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Act. Therefore, the requirements of section 12(d) of the NTTA do not
apply.
Civil Justice Reform
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
Governmental Interference With Constitutionally Protected Property
Rights
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order, and has determined that the rule's
requirements do not constitute a taking.
Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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. The EPA will submit a report containing this rule 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).
Judicial Review
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 January 20, 2004. 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 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: November 10, 2003.
Bharat Mathur,
Regional Administrator, Region 5.
0
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 70--[AMENDED]
0
1. The authority citation for part 70 continues to read as follows:
[[Page 65403]]
Authority: 42 U.S.C. 7401, et seq.
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2. In appendix A to part 70, the entry (a) for Ohio is revised to read
as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Ohio
(a) Ohio Environmental Protection Agency (OEPA): Submitted on
November 1, 1993; interim approval effective on December 9, 1994;
revisions submitted on June 5, 1996, October 3, 1996, August 25, 1998,
and May 24, 1999; full approval effective on September 12, 2001;
revision submitted on September 16, 2003; revision approved December
22, 2003.
* * * * *
[FR Doc. 03-29004 Filed 11-19-03; 8:45 am]
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