18790 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules

212.510 Lowest Achievable Emission Rate

(LAER) (Adopted 9/25/92)

212.600 Source Specific New Source

Review Requirements (Adopted 9/25/92)

212.700 Source Reclassification (Adopted

9/25/92)

256.100 Declaration and Intent (Adopted

11/30/94)

256.200 Definitions (Adopted 11/30/94)

256.300 Prohibitions (Adopted 11/30/94)

256.450 Open Burning Allowed (Adopted

6/27/91)

256.600 Industrial, Commercial, Municipal

and Research Open Burning (Adopted 8/

26/87)

256.700 Open Burning Allowed (Adopted

11/30/94)

272.100 Purpose and Scope (Adopted 11/

23/94)

272.200 Definitions (Adopted 11/23/94)

272.300 Ambient Air Quality Standards

(Adopted 11/23/94)

272.500 Maximum Allowable Increases

(Prevention of Significant Deterioration)

(Adopted 11/23/94)

272.750 DER Ambient Test Methods

(Adopted 9/25/92)

273.200 Definitions (Adopted 9/25/92)

273.300 Air Pollution Episodes (Adopted 9/

25/92)

273.400 Air Alert (Adopted 9/25/92)

273.500 Air Warning (Adopted 9/25/92)

273.600 Air Emergency (Adopted 9/25/92)

296.100 Purpose and Scope (Adopted 11/

23/94)

296.200 Definitions (Adopted 11/23/94)

296.310 General Particulate Emission

Limiting Standards (Adopted 11/23/94)

296.320 General Pollutant Emission

Limiting Standards, except (2) (Adopted

2/2/93)

296.330 Best Available Control Technology

(BACT) (Adopted 11/23/94)

296.400 Specific Emission Limiting and

Performance Standards (Adopted 11/23/

94)

296.500 Reasonably Available Control

Technology (RACT)—Volatile Organic

Compounds (VOC) and Nitrogen Oxides

(NOX) Emitting Facilities (Adopted 11/

23/94)

296.570 Reasonably Available Control

Technology (RACT)—Requirements for

Major VOC- and NOX-Emitting Facilities

(Adopted 11/23/94)

296.600 Reasonably Available Control

Technology (RACT)—Lead (Adopted 8/

8/94)

296.601 Lead Processing Operations in

General (Adopted 8/8/94)

296.700 Reasonably Available Control

Technology (RACT)—Particulate Matter,

except (2)(f) (Adopted 11/23/94)

296.800 Standards of Performance for New

Stationary Sources (NSPS) (Adopted 11/

23/94)

296.810 National Emission Standards for

Hazardous Air Pollutants (NESHAP)—

Part 61 (Adopted 11/23/94)

296.820 National Emission Standards for

Hazardous Air Pollutants (NESHAP)—

Part 63 (Adopted 11/23/94)

297.100 Purpose and Scope (Adopted 11/

23/94)

297.200 Definitions (Adopted 11/23/94)

297.310 General Test Requirements

(Adopted 11/23/94)

297.330 Applicable Test Procedures

(Adopted 11/23/94)

297.340 Frequency of Compliance Tests

(Adopted 11/23/94)

297.345 Stack Sampling Facilities Provided

by the Owner of an Air Pollution Point

Source (Adopted 11/23/94)

297.350 Determination of Process Variables

(Adopted 11/23/94)

297.400 EPA Methods Adopted by

Reference (Adopted 11/23/94)

297.401 EPA Test Procedures (Adopted 11/

23/94)

297.411 DER Method 1 (Adopted 11/23/94)

297.412 DER Method 2 (Adopted 12/2/92)

297.413 DER Method 3 (Adopted 12/2/92)

297.414 DER Method 4 (Adopted 12/2/92)

297.415 DER Method 5 (Adopted 11/23/94)

297.416 DER Method 5A (Adopted 12/2/92)

297.417 DER Method 6 (Adopted 11/23/94)

297.418 DER Method 7 (Adopted 12/2/92)

297.419 DER Method 8 (Adopted 12/2/92)

297.420 DER Method 9 (Adopted 11/23/94)

297.421 DER Method 10 (Adopted 12/2/92)

297.422 DER Method 11 (Adopted 12/2/92)

297.423 DER Method 12—Determination of

Inorganic Lead Emissions from

Stationary Sources (Adopted 11/23/94)

297.424 DER Method 13 (Adopted 12/2/92)

297.440 Supplementary Test Procedures

(Adopted 11/23/94)

297.450 EPA VOC Capture Efficiency Test

Procedures (Adopted 11/23/94)

297.520 EPA Performance Specifications

(Adopted 11/23/94)

297.570 Test Report (Adopted 11/23/94)

297.620 Exceptions and Approval of

Alternate Procedures and Requirements

(Adopted 11/23/94)

* * * * *

[FR Doc. 95–9060 Filed 4–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[OH001; FRL–5189–8]

Clean Air Act Proposed Approval of

Operating Permit Program; Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed full approval.

SUMMARY: The EPA proposes full

approval of the operating permit

program submitted by the State of Ohio

for the purpose of complying with

Federal requirements which mandate

that States develop, and submit to EPA,

programs for issuing operating permits

to all major stationary sources and to

certain other sources.

DATES: Comments on this proposed

action must be received in writing by

May 15, 1995.

ADDRESSES: Comments should be

addressed to Steven Pak at the Region

5 address. Copies of the State’s

submittal and other supporting

information used in developing the

proposed full approval are available for

inspection during normal business

hours at the following location: EPA

Region 5, Air and Radiation Division

(AE–17J), 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Steven Pak, EPA Region 5, Air and

Radiation Division (AE–17J), 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–1497.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

As required under title V of the Clean

Air Act (‘‘the Act’’) as amended by the

1990 Clean Air Act Amendments, EPA

promulgated rules on July 21, 1992 (57

FR 32250), which define the minimum

elements of an approvable State

operating permit program and the

corresponding standards and

procedures by which EPA will approve,

oversee, and withdraw approval of State

operating permit programs. These rules

are codified at 40 Code of Federal

Regulations (CFR) part 70. Title V and

part 70 require that States develop, and

submit to EPA, programs for issuing

operating permits to all major stationary

sources and to certain other sources.

The Act requires that States develop

and submit these programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within one year after receiving the

submittal. If the State’s submission is

materially changed during the one-year

review period, 40 CFR 70.4(e)(2) allows

EPA to extend the review period for no

more than one year following receipt of

the additional materials. Because Ohio

provided EPA with additional materials

that materially changed the State’s Title

V program submittal on September 12,

1994, November 21, 1994, December 9,

1994, and January 5, 1995, EPA has

extended the review period and will

work expeditiously to promulgate a

final decision on the State’s program.

EPA reviews State operating permit

programs pursuant to section 502 of the

Act and 40 CFR part 70, which together

outline criteria for approval or

disapproval. When a program

substantially, but not fully, meets the

requirements of 40 CFR part 70, EPA

may grant the program interim approval

for a period of up to two years. If EPA

has not fully approved a program by

November 15, 1995, or by the end of an

interim program, it must establish and

implement a Federal operating permit

program for that State.
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules 18791

1Ohio includes research and development (R&D)

units, as defined at Ohio Revised Code (ORC)

3704.01(P), as an insignificant activity. However,

this definition of all R&D units as insignificant

activities is limited in effect because an R&D unit

is not exempt from the State’s permit application

requirements if the unit’s emissions exceed one ton

per year of total hazardous air pollutants or has a

potential to emit more than five tons per year or

twenty percent of an applicable major source

threshold under the Act for any regulated air

pollutant other than a HAP (OAC 3745–77–02(G)).

In addition, Ohio’s general provisions governing

insignificant activities and emissions levels apply

to R&D units. Ohio regulations provide that

insignificant activities and emissions levels that are

exempted because of size or production rate must

be listed in the permit application and do not affect

the determination of whether a stationary source is

a major source (OAC 3745–77–02(G)). In addition,

an applicant may not omit information, including

the emissions levels for insignificant activities, that

is necessary to determine the applicability of any

applicable requirement, to impose any applicable

requirement, or to evaluate any fee amount (OAC

3745–77–03(A)).

II. Proposed Action and Implications

A. Analysis of State Submission

EPA has concluded that the operating

permit program submitted by Ohio

meets the requirements of title V and

part 70 and is proposing to grant full

approval to the program. For more

detailed information on the analysis of

the State’s submission, please refer to

the technical support document (TSD)

included in the docket at the address

noted above.

1. Support Materials

Donald Schregardus, Director of the

Ohio Environmental Protection Agency

and the Governor of Ohio’s designee,

submitted Ohio’s title V operating

permit program to EPA on July 22, 1994.

The State supplemented the submittal

on September 12, 1994, November 21,

1994, December 9, 1994, and January 5,

1995. The submittal contains all

required elements of 40 CFR 70.4,

including a description of Ohio’s

operating permit program, relevant

permitting program documentation, and

the Attorney General’s legal opinion

that the laws of the State provide

adequate authority to carry out all

aspects of the program.

2. Regulations and Program

Implementation

EPA has determined that the Ohio

operating permit program, including

State statutes (Ohio Revised Code (ORC)

3704.035, 3704.036, 3704.05, 3704.06,

3704.99, 3745.11, and 3745.112) and

regulations (Ohio Administrative Code

(OAC) 3745–77 and 3745–78), meets the

requirements of 40 CFR 70.2 and 70.3

for applicability; 40 CFR 70.5 for criteria

which define insignificant activities 1

and for complete application forms; 40

CFR 70.4, 70.5, and 70.6 for permit

content (including operational

flexibility); 40 CFR 70.7 and 70.8 for

permit processing requirements

(including public participation and

minor permit modifications); and 40

CFR 70.11 for requirements for

enforcement authority. The TSD

contains a detailed analysis of Ohio’s

program and describes the manner in

which the State’s program meets all the

operating permit program requirements

of 40 CFR Part 70.

3. Permit Fee Demonstration

EPA has determined that the Ohio

operating permit program meets the fee

requirements of 40 CFR 70.9. Ohio is

adopting the presumptive minimum

approach to fees outlined in 40 CFR

70.9(b)(2).

4. Provisions Implementing the

Requirements of Other Titles of the Act

a. Authority for Section 112

Implementation. In its program

submittal, Ohio demonstrates adequate

legal authority to implement and

enforce all section 112 requirements

through the Title V permit. This legal

authority is contained in Ohio’s

enabling legislation and in regulatory

provisions defining ‘‘applicable

requirements’’ and stating that permits

must incorporate all applicable

requirements. EPA has determined that

this legal authority is sufficient to allow

the State to issue permits that assure

compliance with all section 112

requirements.

EPA is interpreting the above legal

authority to mean that Ohio is able to

carry out all section 112 activities with

respect to part 70 sources. For further

rationale on this interpretation, please

refer to the TSD.

b. Implementation of 112(g). EPA

issued an interpretive notice on

February 14, 1995 (60 FR 8333), which

outlines EPA’s revised interpretation of

112(g) applicability. The notice

postpones the effective date of 112(g)

until after EPA has promulgated a rule

addressing that provision. The notice

sets forth in detail the rationale for the

revised interpretation.

The section 112(g) interpretive notice

explains that EPA is still considering

whether the effective date of section

112(g) should be delayed beyond the

date of promulgation of the Federal rule

so as to allow States time to adopt rules

implementing the Federal rule and that

EPA will provide for any such

additional delay in the final section

112(g) rulemaking. Unless and until

EPA provides for such an additional

postponement of section 112(g), Ohio

must have a federally enforceable

mechanism for implementing section

112(g) during the period between

promulgation of the Federal section

112(g) rule and adoption of

implementing Federal regulations.

EPA is aware that Ohio lacks a

program designed specifically to

implement section 112(g). However,

Ohio does have a preconstruction

review program (OAC 3745–31) that can

serve as an adequate implementation

vehicle during the transition period

because it would allow Ohio to select

control measures that would meet

MACT, as defined in section 112, and

incorporate these measures into a

federally enforceable preconstruction

permit.

EPA is approving Ohio’s

preconstruction permitting program

(OAC 3745–31) under the authority of

Title V and Part 70 solely for the

purpose of implementing section 112(g)

to the extent necessary during the

transition period between 112(g)

promulgation and adoption of a State

rule implementing EPA’s section 112(g)

regulations. Although section 112(l)

generally provides authority for

approval of State air programs to

implement section 112(g), Title V and

section 112(g) provide for this limited

approval because of the direct linkage

between the implementation of section

112(g) and Title V. The scope of this

approval is narrowly limited to section

112(g) and does not confer or imply

approval for purposes of any other

provision under the Act (e.g., section

110). This approval will be without

effect if EPA decides in the final section

112(g) rule that sources are not subject

to the requirements of the rule until

State regulations are adopted. The

duration of this approval is limited to 18

months following promulgation by EPA

of the 112(g) rule to provide adequate

time for the State to adopt regulations

consistent with the Federal

requirements.

c. Program for delegation of Section

112 Standards as Promulgated. The

requirements for program approval,

specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for

approval of a State program for

delegation of section 112 standards, as

promulgated by EPA, as they apply to

part 70 sources. Section 112(l)(5)

requires that the State’s program contain

adequate authorities, adequate resources

for implementation, and an expeditious

compliance schedule, which are also

requirements under 40 CFR part 70.

Therefore, EPA is also proposing to

grant approval, under section 112(l)(5)

and 40 CFR 63.91, of Ohio’s program for

receiving delegation of section 112

standards that are unchanged from the

Federal standards as promulgated.
18792 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules

Because Ohio has historically accepted

delegation of section 112 standards

through automatic delegation, EPA

proposes to approve the delegation of

section 112 standards and requirements

through automatic delegation. The

details of this delegation mechanism

will be set forth in a Memorandum of

Agreement between Ohio and EPA. This

approval applies to both existing and

future standards but is limited to

sources covered by the part 70 operating

permit program.

d. Limiting HAP Emissions Through a

FESOP Program. On October 25, 1994,

EPA conditionally approved OAC 3745–

35–07 for establishing a mechanism for

creating federally enforceable limits on

a sources potential to emit (59 FR

53586). This rulemaking, which became

effective on December 27, 1994,

authorizes the State to issue federally

enforceable State operating permits

addressing both criteria pollutants and

HAPs.

e. Title IV. Ohio’s program contains

adequate authority to issue permits

which reflect the requirements of Title

IV and its implementing regulations.

Further, Ohio provided a commitment

on January 5, 1995, to incorporate by

reference the Federal Acid Rain Program

regulations (40 CFR part 72) by October

1, 1995.

B. Potential Interim Approval Issue

Ohio’s definition of ‘‘title I

modification’’ does not include changes

reviewed under a minor source

preconstruction review program. On

August 29, 1994, EPA solicited public

comment on whether the phrase

‘‘modification under any provision of

title I of the Act’’ in 40 CFR

70.7(e)(2)(i)(A)(5) should be interpreted

to mean literally any change at a source

that would trigger permitting authority

review under regulations approved or

promulgated under Title I of the Act (59

FR 44573). EPA is currently reviewing

the public comments on this issue and

is in the process of determining the

proper definition of that phrase. EPA

does not believe that it is appropriate to

determine whether this is a program

deficiency for Ohio until EPA completes

its rulemaking on this issue. For a more

complete discussion of this issue see the

November 9, 1994, approval of the

operating permit program for the State

of Washington (59 FR 55813).

C. Proposed Action

EPA is proposing to grant full

approval of the operating permit

program submitted by Ohio on July 22,

1994, and amended on September 12,

1994, November 21, 1994, December 9,

1994, and January 5, 1995. Among other

things, Ohio has demonstrated that the

program meets the minimum elements

of an approvable State operating permit

program as specified in 40 CFR part 70.

The scope of the Ohio program that

EPA proposes to approve in this notice

would apply to all part 70 sources (as

defined in the approved program)

within the State of Ohio.

As outlined in II.A.4.c., EPA is also

proposing to grant approval under

section 112(l)(5) and 40 CFR 63.91 of

the State’s program for receiving

delegation of section 112 standards that

are unchanged from Federal standards

as promulgated. This program for

delegations only applies to sources

covered by the part 70 program.

III. Administrative Requirements

A. Request for Public Comments

EPA is requesting comments on all

aspects of this proposed full approval.

Copies of the State’s submittal and other

information relied upon for the

proposed full approval are contained in

a docket maintained at the EPA

Regional Office. The docket is an

organized and complete file of all the

information submitted to, or otherwise

considered by, EPA in the development

of this proposed full approval. The

principal purposes of the docket are:

(1) To allow interested parties a

means to identify and locate documents

so that they can effectively participate

in the approval process; and

(2) To serve as the record in case of

judicial review. EPA will consider any

comments received by May 15, 1995.

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

EPA’s actions under section 502 of the

Act do not create any new requirements,

but simply address operating permit

programs submitted to satisfy the

requirements of 40 CFR part 70. Because

this action does not impose any new

requirements, it does not have a

significant impact on a substantial

number of small entities.

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.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 29, 1995.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 95–9059 Filed 4–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 76

[AD-FRL–5186–9]

RIN 2060–AD45

Acid Rain Program; Nitrogen Oxides

Emission Reduction Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; Response to

Court remand.

SUMMARY: The EPA is today issuing a

proposed rule in response to a remand

by a U.S. Court of Appeals. The rule

reinstates emission limitations for

nitrogen oxides (NOX) from coal-fired

utility units under section 407 of the

Clean Air Act (‘‘the Act’’). The emission

limitations for NOX, along with

emission limitations for sulfur dioxide

from utility plants, will reduce acidic

deposition and prevent serious adverse

effects on natural resources, ecosystems,

materials, visibility, and public health.

On March 22, 1994, EPA promulgated

a rule establishing NOX emission

limitations. The rule established

emission limits generally achievable

using ‘‘low NOX burner technology’’ and

established a procedure for obtaining an

alternative emission limitation if a unit

could not achieve the prescribed limit

using such technology. On November

29, 1994, the U.S. Court of Appeals for

the District of Columbia Circuit ruled

that the definition of ‘‘low NOX burner

technology’’ in the March 22, 1994 rule

exceeded EPA’s statutory authority. The

Court vacated the rule and remanded it

to the Agency for further proceedings.

On March 28, 1995, EPA and

environmental and utility-industry

parties signed an agreement addressing

the March 22, 1994 regulations,

including issues raised by the Court’s

remand.

Based on the Court’s decision and a

review of the record, the Agency is now

revising the March 22, 1994 regulations.

The low-NOX-burner-technology

definition is revised to comply with the

Court’s decision. Other provisions

concerning the compliance date for

Phase I NOX emission limitations, AELs,

and plans for averaging NOX emissions

of two or more units are also revised.

Because the rule revisions are consistent

with the Court’s decision and the

Agency does not expect to receive

adverse comments, the revisions are