[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Rules and Regulations]
[Pages 49440-49442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25105]


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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.

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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 (SO<INF>2</INF>) 
implementation plan. This plan was approved because it was demonstrated 
to provide for attainment and maintenance of the SO<INF>2</INF> 
national ambient air quality standard in Hamilton County. The plan 
included all major SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF> per million BTU from each 
boiler. Boiler number 3 is limited to emissions of a maximum of 1.50 
pounds of SO<INF>2</INF> 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 
SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF> and were given a 0.0 pounds of 
SO<INF>2</INF> 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 SO<INF>2</INF> per million BTU actual heat input from 
each boiler; Boiler number 3 is to be limited to a maximum of 1.50 
pounds of SO<INF>2</INF> per million BTU actual heat input at an 
average operating rate

[[Page 49441]]

of 277 million BTU per hour; Boiler number 4 is to be limited to a 
maximum of 2.0 pounds of SO<INF>2</INF> 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 SO<INF>2</INF> 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 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 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

[[Page 49442]]

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:


Sec. 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