49440 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

overpayment-related records to the

overpaid individual.

§ 416.585 Suspension of offset.

If, within 60 days of the date of the

notice described in § 416.581 of this

subpart, the overpaid individual notifies

us that he or she is exercising a right

described in § 416.582(a) of this subpart

and submits evidence pursuant to

§ 416.582(b) of this subpart or requests

a waiver under § 416.550 of this subpart,

we will suspend any notice to the

Department of the Treasury until we

have issued written findings that affirm

that an overpayment is past due and

legally enforceable and, if applicable,

make a determination that a waiver

request cannot be granted.

§ 416.586 Tax refund insufficient to cover

amount of overpayment.

If a tax refund is insufficient to

recover an overpayment in a given year,

the case will remain with the

Department of the Treasury for

succeeding years, assuming that all

criteria for certification are met at that

time.

3. The authority citation for subpart N

is revised to read as follows:

Authority: Secs. 702(a)(5), 1631, and 1633

of the Social Security Act (42 U.S.C.

902(a)(5), 1383, and 1383b); 31 U.S.C. 3720A.

4. Section 416.1403 is amended by

deleting the word ‘‘and’’ at the end of

paragraph (a)(15), replacing the period

at the end of paragraph (a)(16) with ‘‘;

and’’, and adding paragraph (a)(17) to

read as follows:

§ 416.1403 Administrative actions that are

not initial determinations.

(a) * * *

(17) Findings on whether we can

collect an overpayment by using the

Federal income tax refund offset

procedure. (See § 416.583).

* * * * *

[FR Doc. 97–25023 Filed 9–19–97; 8:45 am]

BILLING CODE 4190–29–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH108–1a; FRL–5894–3]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA approves a State

implementation plan (SIP) revision

submitted by the State of Ohio on

January 3, 1997, which changed the

sulfur dioxide limits for the Procter and

Gamble Company, Hamilton County, in

Ohio Administrative Code (OAC) 3745–

18–37. The revised limits provide an

actual heat input cap of 922 million

British thermal units (BTU) per hour on

the combination of all of the Procter and

Gamble Company boilers identified in

OAC 3745–18–37(GG), to allow for

simultaneous operation.

DATES: The direct final approval is

effective on November 21, 1997 unless

significant adverse or critical comments

which have not been previously

addressed are received by October 22,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone John Paskevicz at (312)

886–6084 before visiting the Region 5

office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz at (312) 886–6084.

SUPPLEMENTARY INFORMATION:

I. Background

On May 15, 1996, the EPA published

a SIP revision completing the approval

of the Hamilton County, Ohio sulfur

dioxide (SO2) implementation plan.

This plan was approved because it was

demonstrated to provide for attainment

and maintenance of the SO2 national

ambient air quality standard in

Hamilton County. The plan included all

major SO2 sources in the County and

listed out each of the appropriate

operating parameters in OAC 3745–18–

37, as needed to assure attainment and

maintenance of the NAAQS as

estimated using a rough terrain

dispersion model.

On January 3, 1997, Ohio EPA

submitted for approval a revision to the

Hamilton County SO2 SIP requesting

changes to OAC 3745–18–37(GG), for

the air emission sources owned and

operated by Procter and Gamble

Company. This revision was requested

because the original SIP for Procter and

Gamble did not provide for the

simultaneous operation of the main

power boilers while backup boilers are

brought on line. The original SIP did not

allow for flexibility in operation in the

event the main power boilers need to be

shut down for maintenance, repaired or

operated simultaneously.

The four Procter and Gamble boilers

are listed in the documentation to the

SIP submittal as having a total

maximum heat input capacity of 1098

million BTU/hour. Boiler numbers 1

and 2 are limited to emissions of a

maximum of 1.1 pounds of SO2 per

million BTU from each boiler. Boiler

number 3 is limited to emissions of a

maximum of 1.50 pounds of SO2 per

million BTU actual heat input and

average operating rate of 277 million

BTU per hour for any calendar day. And

boiler number 4 is limited to emissions

of a maximum of 2.0 pounds of SO2 per

million BTU using an average operating

rate of 450 million BTU per hour for any

calendar day.

II. Review of State Submittal

In this submittal, Ohio requests a

revision to OAC 3745–18–37(GG)

Procter and Gamble sulfur dioxide

limits. The revision changes the limits

to allow for simultaneous operation of

all of the boilers. The submittal provides

technical support and includes some of

the same material provided for the

Hamilton County SIP review submitted

in 1993.

In the previous review of the

Hamilton County SO2 SIP, Ohio looked

at each of the four boilers at Procter and

Gamble individually and made

judgments regarding impact at full load

of fuel sulfur content on air quality

concentrations. Ohio concluded that the

two backup boilers could not operate on

oil when the main power boilers, using

coal, were in operation. Therefore, the

backup boilers were not allowed to emit

SO2 and were given a 0.0 pounds of SO2

per million BTU limit when the main

boilers were operating, as presumed, at

full load.

In developing this new revision, the

approach was to develop a limit for

boiler operation in a worst case

situation by operating all boilers at the

maximum level. The backup boilers

with short stacks were operated fully on

and then the main boilers, with taller

stacks, were brought on. From the

State’s analysis, Ohio established an

allowable cap for all four boilers, based

on a concentration to capacity ratio to

an operating rate of 922 million BTU per

hour daily average. Thus, when in

operation, boilers number 1 and 2 are to

be limited to a maximum of 1.1 pounds

of SO2 per million BTU actual heat

input from each boiler; Boiler number 3

is to be limited to a maximum of 1.50

pounds of SO2 per million BTU actual

heat input at an average operating rate
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49441

of 277 million BTU per hour; Boiler

number 4 is to be limited to a maximum

of 2.0 pounds of SO2 per million BTU

actual heat input at an average operating

rate of 450 million BTU per hour.

In addition, boiler number 4 shall use

a stack no lower than 213 feet above

ground level.

As a result of its analysis of Procter

and Gamble’s emissions, Ohio believes

that by capping the limit for all four

boilers in any combination of rate

configurations, to 922 million BTU per

hour the result will continue to

maintain air quality concentrations in

areas of maximum impact to below the

short-term SO2 standards.

The material submitted by the State in

support of this SIP revision contained

numerous references regarding the

reason for the revision. In addition to

the stated need for operational

flexibility, it was reported that this

revision was needed because the

approved rule did not allow for

simultaneous operation during start-up

and shut-down of boilers during a

maintenance or repair scenario.

Throughout the submittal there are

references to ‘‘* * * simultaneous

operation of the main power boilers

while back-up boilers are brought on

line * * *’’, or ‘‘* * * simultaneous

operation of boilers during start-ups

while maintaining an overall

operational cap * * *’’, or ‘‘* * *

ramping up of the back-up boilers while

main power boilers are shutting down

for maintenance or repair.’’ In a letter to

EPA dated February 25, 1994, the

apparent intent of the revision

expressed by the State is more explicit,

‘‘* * * where boilers 3 and 4 are being

taken off-line and boilers 1 and 2 are

being brought on line it is imperative for

production purposes that there be some

degree of simultaneous operation of the

four boilers during the transition period

* * *.’’ It appears from this material

that the intent of the revision was for

temporary operation at the 922 million

BTU per hour cap. However, the rule

submitted in this revision allows Procter

and Gamble to operate the boilers on a

continual basis up to the 922 million

BTU per hour cap. This represents a

substantial increase in sulfur dioxide

emissions over the originally approved

rule in the Hamilton County SIP. EPA

estimates the emissions increase to be

approximately 900 tons of sulfur

dioxide per year more under a scenario

of continuous operation at the 922

million BTU per hour cap.

The State submits that the air quality

analysis, performed by Procter and

Gamble and reviewed by Ohio EPA,

while operating the boilers at a 922

million BTU per hour cap, shows that

the increase in emissions will not affect

the short-term air quality. The

culpability analysis for this revision,

which was based on the original

Hamilton County SIP revision, shows

that the air quality will not be adversely

affected in the short-term for sulfur

dioxide. This analysis looked at both the

3-hour and 24-hour standard. EPA had

agreed, in the Hamilton County

modeling, that the short-term analysis

was most critical for this type of

evaluation and that the culpability

analysis submitted for this revision

appears to demonstrate protection of air

quality.

III. Final Rulemaking Action

The EPA has reviewed the State’s

request to cap the operating heat input

capacity of the four boilers at Procter

and Gamble to 922 million BTU per

hour daily average, and has reviewed

the materials provided by the State as

part of the request. EPA agrees that

restricting the total overall capacity to

922 million BTU per hour is shown by

modeling to achieve the original

ambient air quality goal of the Hamilton

County sulfur dioxide implementation

plan yet provides the operator total

operating flexibility beneath the 922

million BTU per hour cap. Therefore,

EPA approves this revision to the

Hamilton County plan.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from review under Executive Order

12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA 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, EPA 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

301, subchapter I, part D of the Clean

Air Act 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 flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids the EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with any proposed or final rule that

includes a federal mandate that may

result in estimated costs to State, local,

or tribal governments in aggregate; or to

the private sector, of $100 million or

more. This Federal action approves preexisting requirements under State or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or the private sector,

result from this action.

D. Petitions for 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 November 21,

1997. 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).)

E. Audit Privilege SIP Disclaimer

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Ohio’s audit privilege and immunity

law (Section 3745.70–3745.73 of the

Ohio Revised Code). EPA will be

reviewing the effect of the Ohio audit

privilege and immunity law on various

Ohio environmental programs,

including those under the Clean Air

Act, and taking appropriate action(s), if

any, after through review and

opportunity for Ohio to state and

explain its views and positions on the

issues raised by the law. Today’s action

does not indicate or imply that the

regulations at issue would not be

affected by the audit privilege and

immunity law, and, after review of the

effects of the law, the regulations at

issue may be disapproved, federal
49442 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

approval for the Clean Air Act program

under which they are implemented may

be withdrawn, or other appropriate

action may be taken, as necessary.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Sulfur dioxide.

Dated: September 9, 1997.

David A. Ullrich,

Acting Regional Administrator.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

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 as

follows by adding paragraph (c)(115) to

read as follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(115) On January 3, 1997, the Ohio

EPA submitted a revision to the

Hamilton County sulfur dioxide

implementation plan for the Procter and

Gamble Company, Ohio Administrative

Code 3745–18–37(GG)(2), which limits

combined average operating rate of all

boilers (B001, B008, B021, and B022) to

a maximum of 922 million BTU per

hour for any calendar day. Boilers B001

and B008 are each allowed to emit 1.1

pounds of sulfur dioxide per million

BTU actual heat input. Boiler B021 is

limited to 1.50 pounds of sulfur dioxide

per million BTU; and boiler B022 is

limited to 2.0 pounds of sulfur dioxide

per million BTU average heat input.

(I) Incorporation by reference.

(A) Ohio Administrative Code (OAC)

Rule 3745–18–37(GG)(2), Hamilton

County emission limits, dated December

17, 1996, for Procter and Gamble

Company.

(B) Director’s Findings and Orders in

the matter of the adoption of amended

Rule 3745–18–37 of the Ohio

Administrative Code, dated December

17, 1996.

(ii) Additional Materials.

(A) Letter from Ohio EPA Director

Donald R. Schregardus to Regional

Administrator Valdas Adamkus, dated

January 3, 1997.

(B) Letter from Ohio EPA Air

Pollution Control Division Chief, Robert

Hodanbosi to EPA dated August 11,

1997.

[FR Doc. 97–25105 Filed 9–19–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA 13–6–6121; WA 55–7130; and WA 57–

7132; FRL–5889–5]

Approval and Promulgation of State

Implementation Plans: State of

Washington

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving parts of four

revisions to the Washington State

Implementation Plan (SIP) which were

submitted by the Washington

Department of Ecology (Washington) on

January 22, 1993; September 14, 1993;

and April 30, 1996 (two revisions), to

address the attainment of the National

Ambient Air Quality Standard (NAAQS)

for carbon monoxide (CO) in the

Spokane, Washington urbanized area. In

addition, EPA is deferring action on

several parts of the SIP revisions and

not addressing other parts in this action

because they have been superseded by

subsequent revisions and were or will

be addressed in separate actions. The

SIP revisions were submitted by

Washington to satisfy certain Federal

requirements for an approvable

nonattainment area CO SIP for the

Spokane nonattainment area in the State

of Washington.

EFFECTIVE DATE: October 22, 1997.

ADDRESSES: Copies of Washington’s

request and other information

supporting this action are available for

inspection during normal business

hours at the following locations: EPA,

Office of Air Quality (OAQ–107), 1200

Sixth Avenue, Seattle, Washington

98101; and the Washington Department

of Ecology, Attention: Tami Dahlgren,

Olympia, Washington 98504–7600,

telephone (360) 407–6830; and the

Spokane County Air Pollution Control

Authority, West 1101 College, suite 403,

Spokane, Washington 99201, telephone

(509) 456–4727.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, EPA,

401 M Street, SW., Washington, DC

20460, as well as the above addresses.

FOR FURTHER INFORMATION CONTACT:

William M. Hedgebeth, Office of Air

Quality (OAQ–107), EPA, Seattle,

Washington, (206) 553–7369.

SUPPLEMENTARY INFORMATION:

I. Background

A. January 22, 1993, Submittal, Docket

# WA 13–6–6121

On January 22, 1993, Washington

submitted a SIP revision consisting of a

plan for the attainment of the CO

NAAQS in the Spokane area. This

included a demonstration of attainment

by December 31, 1995, of the CO

NAAQS and provisions for forecasting

and tracking vehicle miles traveled

(VMT) in the Spokane area, with

contingency measures to be

implemented if any estimate of actual

VMT in the nonattainment area, or any

updated forecast of VMT contained in

an annual report for any year prior to

attainment, exceeds the number

predicted in the most recent VMT

forecast. Also included were provisions

which have been superseded by

subsequent SIP revisions: Reasonably

Available Control Measures for

residential wood combustion;

Reasonably Available Control

Technology for point sources; New

Source Review; Vehicle Emission

Inspection and Maintenance Program;

oxygenated fuel; and transportation

conformity. On September 14, 1993,

Washington submitted a revision to the

January 22, 1993, SIP submittal

consisting of the 1990 base year

emissions inventory and the 1995

projected year emissions inventory.

Washington also submitted, on

September 29, 1995, a 1993 updated

(periodic) emissions inventory for the

Spokane area, to meet the requirement

of section 187(a)(5) of the CAA for

periodic inventories.

B. April 30, 1996, Submittal, Docket #

WA 57–7132 (Re VMT, Emissions

Estimates, and Oxygenated Fuel

Contingency Measure)

On April 30, 1996, Washington

submitted a SIP revision consisting of

revisions to the previously submitted

vehicle emission estimates portion of

the 1990 base year emissions inventory

and of the 1995 projected year

inventory; the emissions budget; VMT

estimates and forecasts; and the

attainment demonstration. The revision

also added a contingency measure

(3.5% oxygenated fuel) for failure to

attain the NAAQS.

C. April 30, 1996, Submittal (Removal of

Two Transportation Control Measures

(TCMs)), Docket # WA 55–7130

On April 30, 1996, Washington

submitted a SIP revision consisting of