[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Rules and Regulations]
[Page 6427-6430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe08-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1085; FRL-8519-1]
Final Rule; Ohio; Revised Oxides of Nitrogen (NOX) Regulation,
Phase II, and Revised NOX Trading Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the Ohio oxides of nitrogen
(NOX) State Implementation Plan (SIP) containing provisions
which control emissions of NOX from large internal
combustion (IC) engines, makes corrections to typographical errors in
the previously approved Phase I NOX SIP, and expands the
definition of NOX budget unit. This approval requires
reductions in NOX emissions from large IC engines, based on
cost-effective control measures. Large IC engines are defined in the
State rule as emitting one ton or more of NOX per day during
the ozone season. The Ohio NOX SIP Call IC engine inventory
is based on the inventory of IC engines compiled by EPA as part of the
NOX SIP Call rule. Including these engines in the Ohio plan
reduces NOX to a level at which the State will meet its
ozone season NOX budget. EPA is approving the State's
revision because it satisfies the Federal requirements for Phase II
sources and demonstrates that these rules will meet the Phase II budget
for Ohio.
DATES: This direct final rule is effective April 4, 2008 without
further notice, unless EPA receives adverse comment by March 5, 2008.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1085, by one of the following methods:
I. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
II. E-mail: mooney.john@epa.gov.
III. Fax: (312) 886-5824
IV. Mail: Reference EPA-R05-OAR-2007-1085 Docket, Air Programs
Branch, U.S. Environmental Protection Agency, (AR-18J), 77 West Jackson
Boulevard, Chicago, Illinois 60604.
V. Hand Delivery or Courier: John Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch, U.S. Environmental Protection Agency (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R05-OAR-
2007-1085''. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption and should be
free of any defects or viruses. For additional information about EPA's
public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically at http://www.regulations.gov or
in hard copy at the Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
EPA requests that if at all possible, you
[[Page 6428]]
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. The telephone number is (312) 886-6084. Mr. Paskevicz
can also be reached via electronic mail at: paskevicz.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the U.S. Environmental Protection Agency.
Table of Contents
I. Does this rule apply to me?
II. The State's Submittal
A. Why did the State submit this revision and how does it fit in
with the State's NOX plan?
B. What did Ohio submit?
III. EPA's Evaluation and Final Action
A. Is the Ohio submittal complete?
B. Did the State submit the revision in time to meet EPA
requirements?
C. Does the Ohio submittal meet the evaluation criteria?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
I. Does this rule apply to me?
This rule applies to owners or operators of any large
NOX SIP Call stationary internal combustion engines as
defined in the State rule and located in the State of Ohio. A ``large
NOX SIP Call engine'' means any engine in the Ohio
NOX SIP Call engine inventory emitting more than one ton of
NOX emissions per control period day in 1995. Ohio used the
EPA 1995 baseline inventory list that contained the NOX
emission units for all of the States including Ohio. A search of that
list shows that there are 12 large lean burn IC engines, as described
by EPA, in Ohio. These engines are located at pipeline pumping stations
and are required by State rule to meet the NOX SIP Call
Phase II budget. Compliance plans are expected to show that control of
these 12 units will bring about reductions of NOX to meet
the portion of the NOX budget associated with these units.
II. The State's Submittal
A. Why did the State submit this revision and how does it fit in with
the State's NOX plan?
In order to reduce ozone transport in the eastern part of the
United States, the EPA issued the NOX SIP Call on October
27, 1998, (63 FR 57356) to reduce emissions of NOX, a
precursor of ozone. Subsequent litigation affecting this SIP Call
prompted the EPA to divide the SIP Call into two phases. The majority
of the SIP Call was upheld by the D.C. Circuit Court of Appeals and
these requirements became Phase I of the SIP Call. A second phase of
the SIP Call was necessary to address the portions of the October 1998
action which were vacated or remanded to EPA by the Court. EPA
published the final Phase II Rule on April 21, 2004 (69 FR 21604). The
plans that cover the portion of the rule re-issued after the Court
decision are known as ``Phase II'' SIPs and were due to be submitted to
EPA on April 1, 2005, with full compliance by May 1, 2007. The Ohio
plan revision was received by EPA on June 16, 2005. Additional
information regarding compliance plan approval by Ohio was provided on
November 7, 2006.
In addition to the Phase II rule, EPA published a draft example
rule on September 15, 2004, for States to use as a model for their
State rules. A copy of this draft example rule is available at the Web
site: http://www.epa.gov/ttn/oarpg/t1/meta/m25546.html. Coincidental
with the draft example rule EPA provided a list of questions and
answers for use by States in response to some common questions
expressed by the regulated community. (http://www.epa.gov/ttn/oarpg/t1/reports/23814qnaasfin.pdf
) The EPA Phase II rule identifies the
incremental budget for Ohio which the State is expected to comply with
in order to fulfill the requirements of the NOX SIP Call.
B. What did Ohio submit?
Ohio's revision contains rules which add IC engines to the list of
affected sources of NOX. The revision also includes some
language changes to the original NOX SIP, and also changes
in definitions and the addition of specific language for cogeneration
units. These changes are located in OAC 3745-14-01, -05, and -12, and
Appendix B.
OAC 3745-14-01 was changed in the areas of Definitions and
Applicability. Ohio made changes in the Definitions section addressing
continuous emissions monitoring, linking the language to Ohio rule
3745-14-08, and 40 CFR part 75, and expanded the language in the
state's rule pertaining to automated data acquisition and handling
system and NOX monitoring. An additional list of definitions
was added pertaining to IC engines, clearly defining to which source
types this rule applies. In the applicability portion of the rule a
separate section addressing (and including) cogeneration units was
added.
A number of minor wording revisions were made in OAC 3745-14-05,
relating to Ohio's incorporation by reference of EPA's technical
amendments to the NOX SIP Call Rule and ASTM standard test
methods for several pollutants including NOX. This State
rule revision includes Appendix B to the chapter, and lists the non-
electric generating unit's (non-EGU) annual NOX allowance
allocations. This appendix contains corrections to errors on the list
made in the point identification portion of the State's Appendix B for
non-EGUs.
OAC 3745-14-12, Stationary internal combustion engines, is an
entirely new rule which applies to large NOX SIP Call
engines as defined in OAC 3745-14-01. The rule lists the requirements
for a compliance plan, and the requirements for monitoring,
recordkeeping and reporting of data.
III. EPA's Evaluation and Final Action
A. Is the Ohio submittal complete?
Yes, Ohio submitted a complete SIP revision. The revision is
complete from the point of view of satisfying the Ohio state code for
submitting State plans to EPA. And the revision is complete based on
the requirements of 40 CFR part 51, Appendix V.
This revision augments a number of earlier revisions to the Ohio
NOX SIP Call. On August 5, 2003, 68 FR 46089, EPA published
a final rule giving conditional approval of the Ohio NOX SIP
Call plan, following receipt of a written commitment from Ohio to
revise the flow control date.
On June 27, 2005, 70 FR 36845, EPA published a final rule approving
the Ohio revision which excludes carbon monoxide boilers at fluid
catalytic cracking units in oil refineries from Ohio's NOX
trading program.
B. Did the State submit the revision in time to meet EPA requirement?
The State Phase II SIP was required to be submitted one year
following the approval by the EPA Administrator establishing the final
full NOX budgets for States subject to the NOX
SIP Call. The final full NOX budget rule was signed by the
administrator on April 1, 2004. (69 FR 21604) The revised State plans
were due on April 1, 2005. The Ohio plan was received by EPA on June
16, 2005.
C. Does the Ohio submittal meet the evaluation criteria?
EPA evaluated the Ohio plan submittal based on the guidance EPA
[[Page 6429]]
provided to states affected by the NOX SIP Call. We are
satisfied that the plan submitted by Ohio meets this guidance. EPA
published an example rule (EPA guidance) illustrating a means by which
States can meet the NOX SIP Call Phase II requirements. The
example rule contained: A set of new definitions associated with
stationary internal combustion engines; a description of a compliance
plan containing provisions applicable to each owner/operator of a large
IC engine; and a detailed list of reporting, monitoring, and
recordkeeping requirements with which an owner/operator must comply. We
reviewed the Ohio Phase II submittal against our example rule and find
the Ohio IC engine rule to be consistent with applicable elements of
the EPA example rule.
Ohio also included an incorporation by reference (in OAC 3745-14-
01) of: (1) A standard test method for determining NOX
concentrations in emissions from natural gas-fired reciprocating
engines, combustion turbines, boilers, and process heaters using
portable analyzers; (2) Technical Amendment to the Finding of
Significant Contribution and Rulemaking for Certain States for Purposes
of Reducing Regional Transport of Ozone, (65 FR 11222, March 2, 2000);
and, (3) Interstate Ozone Transport Response to Court Decisions on the
NOX SIP Call, NOX SIP Call Technical Amendments,
and Section 126 Rules (69 FR 21603, April 21, 2004.)
IV. What action is EPA taking?
EPA is approving the revision to the Ohio NOX SIP Call
which adds provisions affecting large stationary internal combustion
engines. We are also approving a number of changes to the State's plan
including the revised budget demonstration for IC engines, rule changes
affecting continuous emissions monitoring, and additional language
affecting cogeneration units.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (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. 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). This action
merely approves State law as making progress toward meeting Federal
requirements and would impose no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule would 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.). Because this action approves pre-existing requirements
under State law and would not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it would
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 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it would 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 (64
FR 43255, August 10, 1999). This action approves a State rule making
progress toward implementing a Federal standard. It does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule 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 would approve a State rule making progress toward implementing a
Federal Standard.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule would not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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. 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).
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 April 4, 2008. 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, Oxides of nitrogen, Reporting
and recordkeeping requirements.
Dated: January 11, 2008.
Gary Gulezian,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1870 is amended by adding paragraph (c)(141) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
[[Page 6430]]
(141) Ohio Environmental Protection Agency, on June 16, 2005,
submitted amendments to the State Implementation Plan to control
nitrogen oxide emissions from internal combustion engines in new rule
Ohio Administrative Code (OAC) 3745-14-12. This rule adds stationary
internal combustion engines to the list of sources in the Ohio
NOX SIP Call emission reduction program. Also, OAC 3745-14-
01, General Provisions, is amended. This rule contains definitions used
for the nitrogen oxides rules, expands the definition of NOX
budget unit, adds definitions for the internal combustion engine rule,
amends definition associated with continuous emissions monitoring, and
makes corrections to typographical errors. OAC 3745-14-05 Portions of
this rule are amended to correctly line up with the changes made in the
definitions section of the NOX plan. Typographical errors
are also corrected.
(i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC 3745-14-01, General Provisions, effective on May 07, 2005.
(B) OAC 3745-14-05, NOX Allowance Allocations, effective
on May 07, 2005.
(C) OAC 3745-14-12, Stationary Internal Combustion Engines,
effective on May 7, 2005.
[FR Doc. E8-1797 Filed 2-1-08; 8:45 am]
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