8380 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

QUARTERLY REPORT

COTP docket Location Type Effective

date

Charleston 96–058 .................................... Cooper River, SC ..................................... Safety Zone .............................................. 9/22/96

Corpus Christi 96–010 .............................. Gulf Intracoastal Waterway ...................... Safety Zone .............................................. 9/4/96

Corpus Christi 96–011 .............................. Gulf Intracoastal Waterway ...................... Safety Zone .............................................. 11/12/96

Corpus Christi 96–013 .............................. Corpus Christi Chip Channel .................... Safety Zone .............................................. 12/23/96

Houston/Galveston 96–003 ....................... Galveston, TX ........................................... Security Zone ........................................... 10/31/96

Houston/Galveston 96–004 ....................... Freeport, TX ............................................. Safety Zone .............................................. 11/7/96

Houston/Galveston 96–011 ....................... Houston, TX .............................................. Safety Zone .............................................. 9/6/96

Houston/Galveston 96–012 ....................... Houston, TX .............................................. Safety Zone .............................................. 9/10/96

Houston/Galveston 96–014 ....................... Houston, TX .............................................. Safety Zone .............................................. 10/23/96

Huntington 96–001 .................................... Ohio River, M. 322.5 to M. 322.8 ............. Security Zone ........................................... 8/25/96

LA/Long Beach 96–019 ............................. San Pedro Bay, CA .................................. Safety Zone .............................................. 8/20/96

LA/Long Beach 96–021 ............................. San Pedro Bay, CA .................................. Safety Zone .............................................. 8/30/96

LA/Long Beach 96–022 ............................. San Pedro Bay, CA .................................. Safety Zone .............................................. 9/7/96

LA/Long Beach 96–024 ............................. San Pedro Bay, CA .................................. Safety Zone .............................................. 10/17/96

LA/Long Beach 96–025 ............................. Santa Barbara, CA ................................... Security Zone ........................................... 11/1/96

Memphis 96–001 ....................................... Mississippi River, M. 722.3 to M. 725.5 ... Safety Zone .............................................. 8/28/96

Miami 96–066 ............................................ Biscayne National Park, FL ...................... Safety Zone .............................................. 11/7/96

Miami 96–070 ............................................ Biscayne National Park, FL ...................... Safety Zone .............................................. 11/20/96

Miami 96–071 ............................................ Biscayne National Park, FL ...................... Safety Zone .............................................. 11/21/96

Mobile 96–021 ........................................... Gulf of Mexico, FL .................................... Safety Zone .............................................. 8/8/96

Mobile 96–022 ........................................... Gulf of Mexico, FL .................................... Safety Zone .............................................. 8/8/96

Mobile 96–024 ........................................... Gulf of Mexico, MS ................................... Safety Zone .............................................. 9/19/96

Mobile 96–026 ........................................... Gulf of Mexico, FL .................................... Safety Zone .............................................. 11/10/96

Mobile 96–028 ........................................... Fulton, MS ................................................ Safety Zone .............................................. 12/14/96

Morgan City 96–003 .................................. Vermillion River, LA .................................. Safety Zone .............................................. 11/1/96

New Orleans 96–009 ................................ Mississippi River, M. 94 to M. 95 ............. Safety Zone .............................................. 9/26/96

New Orleans 96–010 ................................ Mississippi River, M. 94 to M. 95 ............. Safety Zone .............................................. 9/27/96

New Orleans 96–011 ................................ Industrial Canal ......................................... Security Zone ........................................... 11/6/96

New Orleans 96–012 ................................ Crescent City Connection Bridge ............. Security Zone ........................................... 10/24/96

New Orleans 96–013 ................................ Canal Bridge ............................................. Security Zone ........................................... 10/24/96

New Orleans 96–014 ................................ Bienville Street Wharf ............................... Security Zone ........................................... 11/2/96

New Orleans 96–015 ................................ Mississippi River, M. 94 to M. 95 ............. Safety Zone .............................................. 11/2/96

New Orleans 96–017 ................................ Mississippi River, M. 94 to M. 95 ............. Safety Zone .............................................. 12/31/96

Paducah 96–001 ....................................... Tennessee River, M. 2.5 to M. 5.5 .......... Security Zone ........................................... 10/11/96

San Diego Bay 96–008 ............................. San Diego Bay, CA .................................. Safety Zone .............................................. 8/24/96

San Diego Bay 96–010 ............................. San Clemente Island, CA ......................... Safety Zone .............................................. 11/14/96

San Francisco Bay 96–004 ....................... San Francisco Bay, CA ............................ Safety Zone .............................................. 7/4/96

San Francisco Bay 96–005 ....................... San Francisco Bay, CA ............................ Safety Zone .............................................. 10/12/96

San Francisco Bay 96–006 ....................... San Francisco Bay, CA ............................ Safety Zone .............................................. 10/10/96

San Francisco Bay 96–007 ....................... San Francisco Bay, CA ............................ Safety Zone .............................................. 10/12/96

San Francisco Bay 96–079 ....................... San Francisco Bay, CA ............................ Security Zone ........................................... 10/31/96

Savannah 96–073 ..................................... Savannah, GA .......................................... Safety Zone .............................................. 12/5/96

Southeast Alaska 96–001 ......................... Tongass Narrows, Ketchkan .................... Security Zone ........................................... 11/5/96

Tampa 96–061 .......................................... Tampa Bay, FL ......................................... Safety Zone .............................................. 10/7/96

Western Alaska 96–001 ............................ UnAlaska Island, AK ................................. Safety Zone .............................................. 10/18/96

[FR Doc. 97–4575 Filed 2–24–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD040–3010a and MD048–3011a; FRL–

5688–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; Control of Volatile Organic

Compound Emissions From Open

Fires, ‘‘Once-in, Always-in,’’ and

Definition for the Term ‘‘Annual’’

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving State

Implementation Plan (SIP) revisions

submitted by the State of Maryland on

July 12, 1995 and July 17, 1995. These

revisions establish a definition for the

term ‘‘annual,’’ expand Maryland’s

once-in, always-in provisions, and

require an open burning ban in

Maryland’s serious and severe ozone

nonattainment areas during the summer

months. The intended effect of this

action is to approve these provisions

into the Maryland SIP, in accordance

with the SIP submittal and revision

provisions of the Act.

DATES: This final rule is effective April

28, 1997 unless within March 27, 1997,

adverse or critical comments are

received. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone/CO and

Mobile Sources Section, Mailcode

3AT21, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107 and the Maryland Department of

the Environment, 2500 Broening

Highway, Baltimore Maryland 21224.

FOR FURTHER INFORMATION CONTACT:

Maria A. Pino, (215) 566–2181, at the
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8381

EPA Region III office address listed

above, or via e-mail at

pino.maria@epamail.epa.gov. While

information may be requested via email, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On July

12, 1995, the Maryland Department of

the Environment (MDE) submitted

amendments to its open fires regulation

to EPA as a State Implementation Plan

(SIP) revision. This regulation controls

emissions of volatile organic

compounds (VOCs) through a seasonal

ban on open burning in Maryland’s

serious and severe ozone nonattainment

areas. MDE submitted this SIP revision

request pursuant to the rate-of-progress

(ROP) requirements of section 182 of the

Clean Air Act (the Act).

On July 17, 1995, MDE submitted

amendments to its ‘‘once-in, always-in’’

provisions to EPA as a SIP revision.

These revisions expand the applicability

of Maryland’s once-in, always-in

provisions to include VOC regulations

triggered by applicability thresholds

based on a source’s actual emissions.

Also on July 17, 1995, MDE submitted

a definition for the term ‘‘annual.’’ This

revision clarifies applicability

provisions for many Maryland VOC

emission control requirement

provisions.

Summary of SIP Revision

State Submittal: Open Fires, COMAR

26.11.07

Maryland has amended COMAR

26.11.07 to institute a ban on open

burning during the peak ozone season in

Maryland’s severe and serious ozone

nonattainment areas. Maryland

considers the months of June, July, and

August the peak ozone, because that is

when ambient levels of ozone in

Maryland are usually the highest. The

areas subject to this ban are the

Baltimore severe ozone nonattainment

area (Baltimore City and Anne Arundel,

Baltimore, Carroll, Harford, and Howard

Counties), the Maryland portion of the

Philadelphia severe ozone

nonattainment area (Cecil County), and

the Maryland portion of the

Washington, DC serious ozone

nonattainment area (Calvert, Charles,

Frederick, Montgomery, and Prince

George’s Counties). These revisions

were adopted on May 1, 1995, and

effective on May 22, 1995.

The following open fires are not

prohibited, as long as all reasonable

means are used to minimize smoke:

(1) For cooking of food on

noncommercial property (cook outs);

(2) For recreational purposes (camp

fires);

(3) For prevention of fire hazards that

cannot be abated by any other means;

(4) For the instruction of fire fighters

or the testing of fire fighter training

systems fueled by propane or natural

gas;

(5) For protection of health & safety

when disposal of hazardous waste is not

possible by any other means;

(6) For burning pest infested crops or

agricultural burning for animal disease

control;

(7) For good forest resource

management practices;

(8) For the burning of excessive

lodging for the purpose of re-cropping;

and

(9) For testing fire fighting training

systems.

This ban is in effect during the ‘‘peak

ozone season’’. During the remainder of

the year (September 1–May 31)

Maryland’s existing open fire

regulations apply. Current regulations

require a permit to be obtained before

open burning can take place.

The program will be enforced through

a coordinated effort between Maryland

Department of the Environment, local

agencies and public officials. There will

also be a coordinated public awareness

effort to educate the public about the

alternatives to open burning. The ban

will result in emission reductions of

13.28 tons per day (tpd) VOC. The ban

will also result in significant emission

reductions of carbon monoxide (CO),

oxides of nitrogen (NOx), and toxics

(carcinogenic polycyclic materials).

In addition, Maryland has made the

following administrative amendments to

COMAR 26.11.07.

(1) All references to Ringlemann

Smoke Chart have been replaced by

references to opacity throughout this

regulation.

(2) All references to ‘‘Areas I–VI’’

have been replaced by county names

throughout this regulation.

(3) All references to ‘‘I.I.A waste type

0 and 1’’ have been placed with

references to all ‘‘ordinary household

trash’’ throughout this regulation.

EPA Evaluation: Open Fires, COMAR

26.11.07

These revisions, which prohibit all

but certain specific open burning

activities in Maryland’s serious and

severe ozone nonattainment areas in the

peak ozone season (June, July & August),

will result in significant enforceable

VOC emission reductions. These

reductions are needed for Maryland’s

15% plans.

State Submittal: Once-in, Always in,

COMAR 26.11.19.02A(3)–(5)

These SIP revisions add a once-in,

always-in provision for VOC regulations

triggered by applicability thresholds

based on a source’s actual emissions (as

opposed to potential emissions). These

revisions were adopted on April 7,

1995, and effective on May 8, 1995, and

are applicable statewide.

The once-in, always-in provision that

is currently in Maryland’s SIP states that

if a source is subject to the requirements

of COMAR 26.11.19 (Maryland’s

category specific VOC regulations)

because its potential emissions exceed

an applicability threshold, the source

will continue to be subject to the

requirements, regardless of whether

future emissions are below the

applicability threshold. Maryland has

expanded this provision to include

exceedances of actual emissions

thresholds. Actual emissions since

January 1, 1990 will be considered in

determining applicability.

EPA Evaluation: Once-in, Always in,

COMAR 26.11.19.02A(3)–(5)

This revision will ensure that any

new VOC requirements that have

applicability thresholds based on actual

emissions are enforceable for all sources

that have exceeded the applicability

threshold from January 1, 1990 into the

future.

State Submittal: Definition of ‘‘Annual’’,

COMAR 26.11.19.01B(1–1)

This SIP revision adds a definition for

the term ‘‘annual.’’ This revision was

adopted on April 7, 1995, and effective

on May 8, 1995, and is applicable

statewide.

Maryland has added a definition for

the term ‘‘annual.’’ COMAR

26.11.19.01B(1–1) defines the term

‘‘annual’’ as meaning a calendar year,

unless otherwise specified.

EPA Evaluation: Definition of the Term

‘‘Annual’’, COMAR 26.11.19.01B

Many of Maryland’s new VOC control

measures, both Reasonably Available

Control Technology (RACT) regulations

and other VOC control measures needed

for Maryland’s 15% plans and other

ROP requirements, use the term

‘‘annual’’ in provisions for determining

a facilities applicability. This revision

will clarify any applicability provisions

in COMAR 26.11.19 that use the term

annual.

EPA is approving these SIP revisions

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective April 28, 1997
8382 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

unless, by March 27, 1997, adverse or

critical comments are received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received, the

public is advised that this action will be

effective on April 28, 1997.

Final Action

EPA is approving amendments to

COMAR 26.11.07 as revisions to

Maryland’s ozone SIP. These revisions,

which institute a ban on open burning

during the peak ozone season in

Maryland’s severe and serious ozone

nonattainment areas, were submitted by

Maryland on July 12, 1995. EPA is also

approving amendments to COMAR

26.11.19.02A(3)–(5) and COMAR

26.11.19.01B(1–1) as revisions to

Maryland’s ozone SIP. These revisions,

which add a definition for the term

‘‘annual’’ and add a ‘‘once-in, alwaysin’’ provision for VOC regulations

triggered by applicability thresholds

based on a source’s actual emissions,

were submitted by Maryland on July 17,

1995.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

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

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, the

Regional Administrator certifies 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

Clean Air Act forbids 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

(‘‘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 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 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 requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action, pertaining to revisions to

COMAR 26.11.07, COMAR

26.11.19.02A(3)–(5), and COMAR

26.11.19.01B(1–1) of Maryland’s ozone

SIP, must be filed in the United States

Court of Appeals for the appropriate

circuit by April 28, 1997. Filing a

petition for reconsideration by the

Regional 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: January 31, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

40 CFR part 52, 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 V—Maryland

2. Section 52.1070 is amended by

adding paragraphs (c) (120) and (121) to

read as follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(120) Revisions to the Maryland State

Implementation Plan submitted on July

12, 1995 by the Maryland Department of

the Environment:
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8383

(i) Incorporation by reference.

(A) Letter of July 12, 1995 from the

Maryland Department of the

Environment transmitting additions,

deletions, and revisions to Maryland’s

State Implementation Plan, pertaining to

volatile organic compound regulations

in Maryland’s air quality regulations,

Code of Maryland Administrative

Regulations (COMAR) 26.11.

(B) The following amendments to

COMAR 26.11.07, pertaining to open

fires, adopted by the Secretary of the

Environment on May 1, 1995, effective

May 22, 1995:

(1) the deletion of sections

26.11.07.01 A and B, definitions for the

terms ‘‘hazardous material’’ and ‘‘I.I.A.

standards.’’

(2) addition of new section

26.11.07.01B, ‘‘Terms Defined.’’

(3) addition of new sections

26.11.07.01B(1) and (2), definitions of

the terms ‘‘excessive lodging’’ and

‘‘forest resource management practices.’’

(4) renumbering of old sections

26.11.07.01C & D, now new sections

26.11.07.01B(3) & (4).

(5) amendments to section

26.11.07.02, pertaining to general

provisions.

(6) amendments to sections

26.11.07.03A, B, and B(1), pertaining to

open fires authorized by control officers.

(7) addition of new section

26.11.07.03C, ‘‘Prohibition on Open

Burning.’’

(8) amendments to section

26.11.07.04, pertaining to open fires

authorized by public officers, including

the addition of new sections (4)—(7).

(9) amendments to section

26.11.07.05, pertaining to open fires

allowed without authorization.

(ii) Additional material.

(A) Remainder of July 12, 1995

Maryland State submittal pertaining to

COMAR 26.11.19.07.

(121) Revisions to the Maryland State

Implementation Plan submitted on July

17, 1995 by the Maryland Department of

the Environment:

(i) Incorporation by reference.

(A) Letter of July 12, 1995 from the

Maryland Department of the

Environment transmitting additions,

deletions, and revisions to Maryland’s

State Implementation Plan, pertaining to

volatile organic compound regulations

in Maryland’s air quality regulations,

Code of Maryland Administrative

Regulations (COMAR) 26.11.

(B) Amendments to COMAR

26.11.19.02A, pertaining to once-in,

always-in applicability provisions,

consisting of revisions to COMAR

26.11.19.02A(3), and the addition of

new COMAR 26.11.19.02A (4) and (5),

adopted by the Secretary of the

Environment on April 7, 1995, and

effective on May 8, 1995.

(C) Amendments to COMAR

26.11.19.01B, consisting of the addition

of new COMAR 26.11.19.01B(1–1), the

definition for the term ‘‘annual,’’

adopted by the Secretary of the

Environment on April 7, 1995, effective

on May 8, 1995.

(ii) Additional material.

(A) Remainder of July 17, 1995

Maryland State submittal pertaining to

COMAR 26.11.19.02A(3)–(5) and

COMAR 26.11.19.01B(1–1).

[FR Doc. 97–4524 Filed 2–24–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[OH102–1a; FRL–5675–5]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The United States

Environmental Protection Agency

(USEPA) is approving a State

Implementation Plan (SIP) revision

submitted by the State of Ohio on

August 30, 1996, which provides Ford

Motor Company an extended exemption

from opacity limitations for start-up of

coal-fired boilers at its Cleveland Engine

Plant 1. This revision extends the

exemption for these boilers from 3 hours

to 6 hours after start-up.

DATES: The ‘‘direct final’’ approval is

effective on April 28, 1997 unless

adverse or critical comments are

received by March 27, 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 Summerhays at

(312) 886–6067 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

Summerhays at (312) 886–6067.

SUPPLEMENTARY INFORMATION:

I. Background

In the first version of Ohio particulate

matter regulations approved by USEPA,

i.e., Ohio’s 1972 SIP submittal, Ohio’s

regulations imposed a limitation on

opacity without any exemptions for

special circumstances. However, as

experience was gained enforcing this

limitation, the State identified a number

of circumstances in which compliance

with the limitation could be considered

an unreasonable requirement. One type

of such circumstances is the start-up of

a boiler, before stable combustion

conditions have been achieved. In rule

revisions adopted in the early 1980s, the

State exempted sources from the opacity

limitation for a period of six hours after

start-up of a boiler. USEPA accepted the

principle of exempting boilers from the

opacity limitation for a period necessary

to achieve stable combustion, but

objected to provision of an automatic six

hour exemption. USEPA recommended

instead that Ohio provide a three hour

exemption, with provision that Ohio

could request longer exemptions for

specific sources on a case-by-case basis.

Pursuant to USEPA’s

recommendation, Ohio in 1991

modified its rule on opacity, Rule 3745–

17–07, in accordance with USEPA’s

recommendations. Paragraph

(A)(3)(b)(ii) states that:

the visible particulate emission limitations

established in paragraph (A)(1) of this rule

shall not apply to * * * the start-up

of * * * any fuel burning equipment which

are uncontrolled or which are equipped

solely with mechanical collectors * * * ,

for a period of not more than three hours

from the moment of start-up, provided that

the director may incorporate a longer start-up

time period in the permit * * * for such

source for which an applicant demonstrates

to the satisfaction of the director that the

longer time period is required.

Paragraph (D) of this rule then states

that:

Any revision approved by the director in

accordance with paragraph (A)(3)(a)(ii) [et

al.] shall not revise the federally enforceable

requirements of the state implementation

plan until approved by the U.S.

environmental protection agency.

USEPA approved Rule 3745–17–07,

including the above language, on May

27, 1994, at 59 FR 27464.

II. Review of State Submittal

In this submittal, Ohio requests that

the start-up exemption from opacity

limitations be extended from three

hours to six hours for coal-fired boilers

at Ford’s Cleveland Engine Plant 1,

pursuant to Paragraphs (A)(3)(a)(ii) and

(D) of its Rule 3745–17–07. The