[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Proposed Rules]
[Pages 47144-47150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2015-0599; FRL-9949-28-Region 5]


Designation of Areas for Air Quality Planning Purposes; Ohio; 
Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur 
Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is proposing to redesignate the Ohio portion of 
the Campbell-Clermont KY-OH sulfur dioxide (SO2) 
nonattainment area from nonattainment to attainment. The Ohio portion 
of this area consists of Pierce Township in Clermont County, Ohio. EPA 
is also proposing to approve Ohio's maintenance plan submitted on 
August 11, 2015. The primary emission source in the area has 
permanently closed, and the air quality in the area is now meeting the 
SO2 standard.

DATES: Comments must be received on or before August 19, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0599 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. Background
II. Redesignation Requirements
III. Determination of Attainment
IV. Ohio's Section 110(k) SIP
V. Permanent and Enforceable Emission Reductions
VI. Requirements for the Area Under Section 110 and Part D
VII. Maintenance Plan
VIII. What action is EPA taking?
IX. Statutory and Executive Order Reviews

I. Background

    On June 2, 2010 (75 FR 35520, June 22, 2010), EPA established a 
revised primary SO2 national ambient air quality standard 
(NAAQS) of 75 parts per billion (ppb), which is met at a monitoring 
site when the three-year average of the 99th percentile of daily 
maximum one-hour concentrations does not exceed 75 ppb. On August 5, 
2013 (78 FR 47191), EPA published its initial air quality designations 
for the SO2 NAAQS based upon air quality monitoring data for 
calendar years 2009-2011. In that action, the Campbell-Clermont KY-OH 
area was designated nonattainment for the SO2 NAAQS. The 
Campbell-Clermont KY-OH nonattainment area is comprised of Pierce 
Township in Clermont County, Ohio, and five census tracts in Campbell 
County, Kentucky. The Ohio portion of the nonattainment area contains 
the Walter C. Beckjord power plant (Beckjord plant). The Kentucky 
portion of the nonattainment area has less than nine tons of total 
SO2 emissions per year, but it contains the SO2 
monitor which had violated the SO2 standard as of 2011.
    By April 4, 2015, Ohio and Kentucky were required to submit 
nonattainment plan SIPs that meet the requirements of sections 172(c) 
and 191-192 of the CAA, and provide for attainment of the NAAQS as 
expeditiously as practicable, but no later than October 4, 2018. Ohio's 
analysis found the Beckjord plant to be the main contributor to 
SO2 monitored levels in the nonattainment area. In 2011, the 
Beckjord plant had reported 90,835 tons of SO2 emissions. 
However, in late 2014, the Beckjord plant permanently ceased 
operations. Its coal-fired electricity generating units were shut down 
as of September 2014, and its oil-fired units ceased operations by the 
end of 2014. Sulfur dioxide emissions at the Beckjord plant totaled 
32,603 tons in 2014, and zero tons in 2015. Currently, the total point, 
area, and mobile source SO2 emissions in the entire 
Campbell-Clermont KY-OH nonattainment area are approximately 17 tons 
per year (tpy). Because of the significant, permanent and enforceable 
reduction in SO2 emissions affecting the nonattainment area, 
and because the Campbell County SO2 monitor's three-year 
SO2 design value \1\ for 2012-2014 had fallen below the 
SO2 NAAQS, Ohio chose to submit a redesignation request in 
2015, in lieu of a nonattainment SIP. On August 11, 2015, the Ohio 
Environmental Protection Agency (Ohio EPA) submitted its request to EPA 
to redesignate the Ohio portion of the Campbell-Clermont KY-OH 
nonattainment area to attainment. For the reasons set forth in this 
document, EPA is proposing to redesignate the area to attainment.
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    \1\ The design value is a statistic computed according to the 
data handling procedures of the NAAQS (in 40 CFR part 50 appendix T) 
that, by comparison to the level of the NAAQS, indicates whether the 
area is violating the NAAQS. For SO2, the design value is 
the three-year average of the annual 99th percentile of one-hour 
daily maximum concentrations.
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II. Redesignation Requirements

    Under CAA section 107(d)(3)(E), there are five criteria which must 
be met before a nonattainment area may be redesignated to attainment.
    1. EPA has determined that the relevant NAAQS has been attained in 
the area.

[[Page 47145]]

    2. The applicable implementation plan has been fully approved by 
EPA under section 110(k).
    3. EPA has determined that improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from the 
SIP, Federal regulations, and other permanent and enforceable 
reductions.
    4. EPA has fully approved a maintenance plan, including a 
contingency plan, for the area under section 175A of the CAA.
    5. The State has met all applicable requirements for the area under 
section 110 and part D.

III. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the 
standard has been attained in the area. As stated in the April 2014 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions,'' for SO2, there are two components needed to 
support an attainment determination: A review of representative air 
quality monitoring data, and a further analysis, generally requiring 
air quality modeling, to demonstrate that the entire area is attaining 
the applicable standard, based on current actual emissions or the fully 
implemented control strategy. Ohio has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 standard 
is met at an ambient air quality monitoring site when the three-year 
average of the annual 99th percentile of one-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with appendix T of 40 CFR part 50 at all relevant monitoring 
sites in the subject area. EPA has reviewed the ambient air monitoring 
data for the Campbell-Clermont KY-OH nonattainment area. The Campbell-
Clermont KY-OH nonattainment area has one SO2 monitoring 
site, located in northern Campbell County, Kentucky. The Campbell 
County SO2 monitor is operated by the Kentucky Division for 
Air Quality. This review addresses air quality data collected in the 
2012-2014 and 2013-2015 periods, which are the most recent quality-
assured data available. All data considered are complete, quality-
assured, certified, and recorded in EPA's Air Quality System database.
    Table 1 shows the 2012-2014 and 2013-2015 design values for the 
Campbell-Clermont KY-OH nonattainment area. For 2014, the last year in 
which the Beckjord plant was operating, the 99th percentile monitored 
daily maximum value was 61 ppb. For 2015, after the Beckjord plant had 
shut down, the 99th percentile monitored daily maximum value was 18 
ppb. The three-year average design value for 2012-2014 is 72 ppb, and 
the three-year average design value for 2013-2015 is 50 ppb. Both are 
below the SO2 standard. Therefore, the Campbell County 
SO2 monitor clearly shows attainment. Kentucky has committed 
to continue monitoring for SO2 at this location. Preliminary 
data for 2016 indicate that the area is continuing to attain the 
SO2 standard.

                         Table 1--Monitoring Data for the Campbell-Clermont KY-OH Nonattainment Area for 2012-2014 and 2013-2015
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                                                                                       Year and 99th percentile value (ppb)         Average     Average
                     Site                                    County              ------------------------------------------------  2012-2014   2013-2015
                                                                                     2012        2013        2014        2015        (ppb)       (ppb)
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21-037-3002...................................  Campbell, KY....................         85          71          61          18          72          50
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    Regarding the second component of the attainment determination, 
Ohio examined the extent to which the earlier NAAQS violations and 
subsequent improvement in the local monitored SO2 values 
were primarily attributable to the Beckjord plant. Ohio used three 
methods to judge the prospects of future violations following the 
shutdown of the Beckjord plant. In these methods, Ohio evaluated local 
emission inventories, wind patterns during monitored exceedances, and 
monitored data during periods when the Beckjord plant was still active 
but not emitting SO2. EPA proposes to find that these 
analyses meet the April 2014 guidance requirement to comprehensively 
evaluate the impacts of the Beckjord plant's closure on the Campbell-
Clermont area and demonstrate that the entire area is attaining the 
SO2 standard.
    As a first step in this approach, Ohio reviewed the inventory of 
SO2 sources in the area. This inventory shows no large 
SO2 sources in the Kentucky portion of the nonattainment 
area. There are several SO2 sources in the Cincinnati area, 
in Hamilton County, Ohio. The largest of these is Dynegy's Miami Fort 
Power Station (Miami Fort plant), which emitted over 28,000 tons of 
SO2 in 2014. The Miami Fort plant is located 30 kilometers 
(km) west of the Campbell County SO2 monitor. As of June 
2015, the Miami Fort plant reduced its emissions by approximately 50% 
from 2014 levels with the closure of its Unit 6. The next largest 
source, at 1,600 tons of SO2, is the DTE St. Bernard 
facility, which is located 17 km north of the Campbell County 
SO2 monitor. The other SO2 sources in Hamilton 
County emitted less than 200 tons of SO2 in 2014, and are 
located 16-31 km from the Campbell County SO2 monitor. In 
Clermont County, outside the nonattainment area, the only other 
SO2 source is the W.H. Zimmer power plant (Zimmer plant), 
located approximately 15 km south of the Beckjord plant and 27 km 
southwest of the SO2 Campbell County SO2 monitor. 
The Zimmer plant emitted 13,500 tons of SO2 in 2014.
    The second part of this review was to more closely examine 
potential contributors to SO2 NAAQS exceedances in the 
Campbell-Clermont KY-OH nonattainment area. For this purpose, Ohio 
analyzed wind patterns and back-trajectories for the 44 hours \2\ for 
which SO2 levels were greater than 75 ppb at the Campbell 
County SO2 monitor between 2010 and 2014. The hourly 
monitored SO2 values ranged from 76 ppb to 180 ppb. The 24-
hour back trajectories seek to determine the origins of air flow 
leading toward the monitor location. Hourly wind data were also used to 
help focus on the short term flow close to the times of exceedances. 
Ohio found that the trajectories indicated that high concentrations at 
the Campbell County SO2 monitor were most often

[[Page 47146]]

attributable to wind flows from the vicinity of the Beckjord plant. 
Winds (measured at the Cincinnati/Northern Kentucky airport) were 
almost exclusively from the east during the 44 hours with high 
monitored concentrations. Trajectories passed over or near the Beckjord 
plant in about two thirds of the 44 hours. The Beckjord plant appeared 
to be the main contributor to 42 of the hours. One hour appeared to 
have some influence from the Zimmer plant as well as from the Beckjord 
plant, and for another hour, Ohio could not identify any SO2 
source located in the area indicated by the back-trajectory and surface 
winds. None of the exceedances appeared to be attributable to the Miami 
Fort plant or other sources west of the Campbell County SO2 
monitor.
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    \2\ Although it is possible for a SO2 monitor to 
measure SO2 values above the NAAQS for several individual 
hours during a given day, only the single highest monitored hourly 
SO2 value in each 24-hour day is formally defined as ``an 
exceedance of the SO2 NAAQS,'' if it is greater than 75 
ppb. There were 26 exceedances of the SO2 NAAQS at the 
Campbell County SO2 monitor during 2012-2014, but there 
were 44 total hours for which the SO2 monitor recorded 
SO2 values above the SO2 NAAQS of 75 ppb. A 
violation of the SO2 NAAQS, as opposed to an exceedance, 
is recorded when the three-year average of the annual 99th 
percentile of one-hour daily maximum concentrations exceeds 75 ppb. 
In this analysis, to identify contributing SO2 sources, 
Ohio evaluated the 44 hours in 2012-2014 for which the 
SO2 monitor had registered a SO2 concentration 
over 75 ppb.
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    The third analysis considered monitored SO2 values and 
wind directions during the time period of January 1, 2012, through 
February 28, 2015. During that period, there were a total of 10,231 
hours when the Beckjord plant's SO2 emissions were zero. The 
Beckjord plant was not operating at all in 2015 or during the last four 
months of 2014, and there were 1400-2500 hours in which the Beckjord 
plant did not emit SO2 during 2012 and 2013 as well. Ohio 
examined the Campbell County monitored data and found that no 
exceedances of the SO2 NAAQS were measured during these 
10,231 hours. The maximum monitored concentration at the Campbell 
County SO2 monitor during these hours was 34 ppb. The 
highest monitored values measured while the Beckjord plant was emitting 
SO2 were typically associated with winds coming from the 
east and southeast, suggesting the Beckjord plant's influence. The 
winds associated with the highest monitored values during the 10,231 
hours without impacts from the Beckjord plant, however, came from the 
west and southwest. As those monitored values were less than half of 
the SO2 NAAQS in magnitude, Ohio's analysis supports the 
assertion that the closing of the Beckjord plant has led to attainment 
of the SO2 NAAQS, and suggests that future violations caused 
by other nearby sources are unlikely.
    Ohio did not further evaluate the sources to the north and west of 
the nonattainment area due to their distance from the area and their 
emission levels, and because the previously discussed analyses did not 
indicate that sources north and west of the nonattainment area have had 
a significant influence on monitored exceedances. Ohio did, however, 
specifically evaluate the Zimmer plant for its potential contribution 
to elevated SO2 levels in the Campbell-Clermont KY-OH 
nonattainment area. The Zimmer plant's impacts warranted additional 
analysis because it has substantial emissions, is located relatively 
near the Beckjord plant, and generally has the greatest potential 
(after the shutdown of the Beckjord plant) to cause violations in the 
nonattainment area.
    First, the State considered a graphical analysis of the 2012-2014 
hourly SO2 levels at the Campbell County SO2 
monitor compared to the hourly SO2 emissions from the 
Beckjord and Zimmer plants. The Zimmer plant's emissions stayed 
relatively constant over the time period, while the Beckjord plant's 
emissions, which were much larger than the Zimmer plant's, also varied 
more widely. The data showed that the monitored SO2 levels 
seemed to fluctuate in a pattern similar to the Beckjord plant's 
emission variations, falling to its lowest levels when the Beckjord 
plant's emissions were very low, even as the Zimmer plant's emissions 
remained relatively steady, which suggests that the Campbell County 
SO2 monitor was more strongly influenced by the Beckjord 
plant's impacts. Based on these results, particularly from the 
trajectory analyses, Ohio's first approach yields a finding that the 
violations previously recorded at the SO2 monitor were 
primarily attributable to emissions from the Beckjord plant, which in 
turn indicates that the shutdown of the Beckjord plant can be expected 
to result in no further violations at this monitoring site.
    Ohio's second approach to assessing prospects of future violations 
in the nonattainment area was to perform a modeling analysis to 
evaluate the location of the Zimmer plant's maximum impacts and to 
estimate a worst-case impact within the nonattainment area. This 
analysis was intended to address the potential for violations not just 
at the monitoring site (28 km from the Zimmer plant) but also elsewhere 
in the nonattainment area. The Zimmer plant is approximately 11.5 km 
from the nearest edge of the Campbell-Clermont KY-OH SO2 
nonattainment area. Ohio's analysis covered only the time period with 
available meteorological data after the Beckjord plant's coal units 
shut down: August 30, 2014, to February 28, 2015. Because this data set 
is shorter than the five-year period typically used to demonstrate 
attainment of the SO2 standard, Ohio used the second high 
modeled maximum daily value to represent the 99th percentile, rather 
than the fourth high modeled maximum daily value. Ohio used a coarse 
receptor grid within the nonattainment area, and a finer grid within 
three kilometers of the Zimmer plant. Maximum impacts were found to 
occur within one kilometer of the Zimmer plant. In this analysis, Ohio 
modeled a unit emission rate of one gram per second from the Zimmer 
plant's two stacks, to find the relative impacts from the Zimmer plant 
at the monitoring location and at a range of other receptors inside the 
nonattainment area as well as closer to the plant. Ohio then used the 
second high value measured at the Campbell County monitor during this 
time period with zero impacts from The Beckjord plant, under the 
conservative assumption that this monitored value was entirely caused 
by the Zimmer plant's emissions, to develop a numerical estimate of the 
relative worst-case impact of the Zimmer plant elsewhere within the 
nonattainment area. The second high monitored value was 24 ppb, and 
Ohio determined that the Zimmer plant's highest impact within the 
nonattainment area relative to that monitored value would be 
approximately 52 ppb. Impacts at this level would not cause exceedances 
of the SO2 NAAQS within the nonattainment area.
    As a third approach, Ohio and Kentucky estimated future 
SO2 concentrations in the nonattainment area using a method 
similar to developing a conservative background concentration for a 
typical modeled attainment demonstration. Ohio used Campbell County 
SO2 monitor data from 2010-2014 for this calculation. Since 
the Beckjord plant was operating during this period, Ohio followed EPA 
guidance to ensure that the monitored values for background did not 
count impacts from the Beckjord plant or the Zimmer plant. Ohio 
determined the 90 degree wind direction sector for which the Campbell 
County SO2 monitor could be impacted by direct emissions 
from either power plant, and excluded monitored hours when winds came 
from this sector. Ohio averaged the remaining monitored values in each 
year, excluding values of zero for additional conservatism, and chose 
the highest value, 4.4 ppb. Ohio further refined the analysis to 
exclude only the 45 degree sector centered on the Beckjord plant. The 
highest average value in this case, which could include the Zimmer 
plant's impacts, was 4.76 ppb. Since no significant sources exist now 
that would be expected to cause significant concentration gradients 
within the nonattainment area, conceptually a modeling analysis for 
this area would reflect modeling zero

[[Page 47147]]

emissions, and the final ``modeled'' result would be equal to the 
background concentration. Since the background value could also 
conservatively include actual 2010-2014 contributions from Cincinnati-
area sources which have reduced their SO2 emissions since 
2014, this analysis supports Ohio's assertion that the Campbell-
Clermont KY-OH nonattainment area will continue to attain the 
SO2 NAAQS.
    In addition to these analyses, all of which were provided in Ohio's 
redesignation request, Ohio has also provided relevant information in 
the separate context of addressing the prospective SO2 
designation for the more immediate vicinity of the Zimmer plant. Ohio's 
September 16, 2015, submittal provided a full modeling analysis in 
accordance with EPA's modeling Technical Assistance Document (TAD) 
which indicated that the maximum concentration estimated near the 
Zimmer plant was 56 ppb, at a distance just over one kilometer from the 
plant's stacks. Based largely on this information, EPA wrote to Ohio on 
February 16, 2016, stating EPA's preliminary intention to promulgate an 
unclassifiable/attainment designation for all of Clermont County that 
is not already designated, i.e. for all of Clermont County except the 
portion (Pierce Township) that is included in the Campbell-Clermont KY-
OH nonattainment area. Since the Campbell-Clermont KY-OH nonattainment 
area is substantially more distant than the peak impacts of the Zimmer 
plant, and the impacts of the Zimmer plant in the area would therefore 
be much lower than 56 ppb, this modeling provides clear evidence that 
the Zimmer plant is not causing violations anywhere in the Campbell-
Clermont KY-OH nonattainment area. In summary, the monitored data show 
attainment for 2012-2014 and for 2013-2015; Ohio has demonstrated that 
the closed Beckjord plant was likely to have caused the previous 
violations of the SO2 NAAQS; and Ohio has demonstrated that 
neither the Zimmer plant nor other SO2 emissions are 
expected to cause future violations in the area. Therefore, EPA agrees 
that the Campbell-Clermont KY-OH nonattainment area is currently 
attaining the SO2 NAAQS.

IV. Ohio's Section 110(k) SIP

    EPA has determined that Ohio has a fully approved SIP under section 
110(k). Ohio has implemented its SO2 SIP regulations at Ohio 
Administrative Code (OAC) 3745-18, and Ohio maintains an active 
enforcement program to ensure ongoing compliance. Ohio's new source 
review/prevention of significant deterioration program will address 
emissions from new sources. Ohio's current SO2 SIP rule for 
Clermont County is codified at OAC 3745-18-19. The existing rule 
addressing the Beckjord plant's SO2 emissions, OAC 3745-18-
19(B), remains in the SIP, but Ohio has submitted documents which 
demonstrate that the facility has closed and is no longer authorized 
under the State's permitting program to operate.

V. Permanent and Enforceable Emission Reductions

    As previously stated, the Beckjord plant closed in late 2014, and 
the monitored improvement in air quality is largely due to this 
closure. The closure results in a reduction of 90,835 tpy, considering 
the plant's 2011 emissions, representing the time the area was 
classified nonattainment; or a reduction of 32,603 tpy, considering the 
plant's emissions in 2014, when the area first began to monitor 
attainment. Upon notification of the Beckjord plant's closure, in 
accordance with Ohio EPA policy, Ohio ceased its authorization for the 
facility to operate unless it obtains a new permit. Ohio EPA provided 
documentation of this shutdown in the form of an October 14, 2014, 
letter from Duke Energy Ohio, Inc., to the Southwest Ohio Air Quality 
Agency. In this letter, Duke Energy Ohio, Inc. confirmed that the 
Beckjord plant's six large coal-fired units are permanently shut down 
and removed from service as of October 1, 2014. The letter confirmed 
that Ohio's authorization for Duke Energy Ohio, Inc. to operate the six 
units had ceased. The Beckjord plant has been demonstrated to be the 
primary SO2 source which caused the monitored exceedances. 
As it has closed and cannot reopen without applying for a new operating 
permit, EPA agrees that the improvement in air quality in the 
nonattainment area is due to permanent and enforceable emission 
reductions.

VI. Requirements for the Area Under Section 110 and Part D

    Ohio has submitted information demonstrating that it meets these 
requirements. EPA approved Ohio's infrastructure SIP for SO2 
on August 14, 2015 (80 FR 48733). This infrastructure SIP approval 
confirms that Ohio's SIP meets the requirements of CAA section 
110(a)(1) and 110(a)(2) to contain the basic program elements, such as 
an active enforcement program and permitting program.
    Section 191 of the CAA requires Ohio to submit a part D 
nonattainment SIP for the Campbell-Clermont KY-OH nonattainment area by 
April 4, 2015. Because Ohio submitted its August 11, 2015, 
redesignation request instead of a nonattainment SIP, EPA was compelled 
to include this area in our March 18, 2016, finding of failure to 
submit (81 FR 14736). However, final promulgation of this redesignation 
to attainment would end any nonattainment plan requirements, and 
promulgation of this redesignation within 18 months of the finding of 
failure to submit would result in no sanctions taking effect.
    With the redesignation request of August 11, 2015, Ohio submitted 
information addressing the section 172 part D SIP requirements. Ohio 
submitted an attainment inventory of the SO2 emissions from 
sources in the nonattainment area. Ohio chose 2011 for its base year 
emissions inventory, as comprehensive emissions data was available and 
updated that year, which satisfies the 172(c)(3) requirements. The 
Kentucky portion of the nonattainment area contained 11 minor point 
source facilities. Their combined SO2 emissions were less 
than one ton per year. The only significant source in the Ohio portion 
of the nonattainment area is the Beckjord plant. Area and non-highway 
mobile source emissions were taken from the 2011 National Emissions 
Inventory (NEI), with county-wide values adjusted based on the 
population percentages in the nonattainment area. Highway mobile source 
emissions were provided by the Ohio-Kentucky-Indiana Regional Council 
of Governments (OKI), based on dividing the vehicle miles traveled in 
the nonattainment area by the vehicle miles traveled in the entire 
county. Census data and projections were used to develop growth factors 
for future years. The attainment year inventory was based on 2014 
emissions, adjusted for projected growth in the area, and accounting 
for the Beckjord plant's closure.
    Table 2 shows the projected inventories. Note that Kentucky's 
inventory remains steady at approximately 8 tpy total, while Ohio's 
projected inventory, accounting for the Beckjord plant's actual 
closure, drops from over 90,000 tpy in 2011 to approximately 8 tpy in 
the interim and maintenance years. This large reduction is expected to 
be sufficient to maintain the SO2 standard.

[[Page 47148]]



                   Table 2--Campbell-Clermont Nonattainment Area SO2 Emission Inventory Totals
                                                      [tpy]
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                                        2011 base-year    2014 attainment      2020 interim     2027 maintenance
                                          emissions             year               year               year
----------------------------------------------------------------------------------------------------------------
Ohio................................          90,842.51          32,610.56               8.36               8.46
Kentucky............................               8.56               8.54               8.47               8.27
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Combined total..................          90,851.07          32,619.10              16.83              16.73
----------------------------------------------------------------------------------------------------------------

    Section 172(c)(1) requires nonattainment area SIPs to provide for 
the implementation of all reasonably available control measures (RACM) 
as expeditiously as practicable and to provide for attainment of the 
NAAQS. EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not applicable for purposes of CAA 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for reasonable 
further progress (RFP) and other measures designed to provide for 
attainment do not apply in evaluating redesignation requests because 
those nonattainment planning requirements ``have no meaning'' for an 
area that has already attained the standard. EPA's understanding of 
section 172 also forms the basis of its Clean Data Policy, which was 
articulated with regard to SO2 in the April 2014 ``Guidance 
for 1-Hour SO2 Nonattainment Area SIP Submissions,'' and 
suspends a State's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9). Courts have upheld EPA's 
interpretation of section 172(c)(1) for ``reasonably available'' 
control measures and control technology as meaning only those controls 
that advance attainment, which precludes the need to require additional 
measures where an area is already attaining. NRDC v. EPA, 571 F.3d 
1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 
(D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 
2002); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).\3\ Therefore, 
because the Campbell-Clermont KY-OH nonattainment area has attained the 
SO2 standard, no additional measures are needed to provide 
for attainment, and section 172(c)(1) requirements for an attainment 
demonstration and RACM are not part of the ``applicable implementation 
plan'' required to have been approved prior to redesignation per CAA 
section 107(d)(3)(E)(ii). In any case, in the absence of major point 
sources, and in the context of implemented measures (especially the 
shutdown of the Beckjord plant) having achieved attainment, EPA 
believes that Ohio has satisfied the reasonably available control 
measures/reasonably available control techniques (RACM/RACT) 
requirement for this area.
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    \3\ Although the Court of Appeals for the Sixth Circuit has 
issued a contrary opinion in the context of redesignations for ozone 
and PM2.5, EPA believes that these opinions, interpreting 
the applicability of the ozone and PM2.5 RACM/RACT 
requirements for redesignations for those pollutants, do not address 
the applicability of the RACM/RACT requirement for SO2. 
See Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015).
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    The other section 172 requirements that are designed to help an 
area achieve attainment are the section 172(c)(2) requirement that 
nonattainment plans contain provisions promoting reasonable further 
progress, the requirement to submit the section 172(c)(9) contingency 
measures, and the section 172(c)(6) requirement for the SIP to contain 
control measures necessary to provide for attainment of the NAAQS. 
These are also not required to be approved as part of the ``applicable 
implementation plan'' for purposes of satisfying CAA section 
107(d)(3)(E)(ii).
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA has determined that, 
since PSD requirements will apply after redesignation, areas being 
redesignated need not comply with the requirement that a NSR program be 
approved prior to redesignation, provided that the area demonstrates 
maintenance of the NAAQS without part D NSR. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Ohio has demonstrated that the Campbell-
Clermont KY-OH nonattainment area will be able to maintain the NAAQS 
without part D NSR in effect, and therefore Ohio does not need to have 
a fully approved part D NSR program prior to approval of the 
redesignation request. Ohio's PSD program will become effective in the 
Campbell-Clermont KY-OH nonattainment area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes that the 
Ohio SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    Section 176(c) of the CAA requires States to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that EPA promulgated pursuant to its authority under the CAA. On August 
20, 2014, Ohio submitted documentation establishing transportation 
conformity procedures in its SIP. EPA approved these procedures on 
March 2, 2015 (80 FR 11133). Moreover, EPA interprets the

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conformity SIP requirements as not applying for purposes of evaluating 
a redesignation request under section 107(d) because, like other 
requirements listed above, State conformity rules are still required 
after redesignation and Federal conformity rules apply where State 
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001) (upholding this interpretation); see also 60 FR 62748 (December 
7, 1995) (redesignation of Tampa, Florida).
    As discussed above, EPA is proposing to find that Ohio has 
satisfied all applicable requirements for purposes of redesignation of 
the Campbell-Clermont KY-OH nonattainment area under section 110 and 
part D of title I of the CAA.

VII. Maintenance Plan

    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the nonattainment area is 
redesignated to attainment. Eight years after the redesignation, the 
State must submit a revised maintenance plan demonstrating that 
attainment will continue to be maintained for the ten years following 
the initial ten-year period. To address the possibility of future NAAQS 
violations, the maintenance plan must contain contingency measures as 
EPA deems necessary to assure prompt correction of any future one-hour 
SO2 violations. Specifically, the maintenance plan should 
address five requirements: The attainment emissions inventory, 
maintenance demonstration, monitoring, verification of continued 
attainment, and a contingency plan.
    Ohio's August 11, 2015, redesignation request contains its 
maintenance plan, which Ohio has committed to review eight years after 
redesignation. Ohio submitted an attainment emission inventory which 
addresses current emissions and projections of future emissions, for 
point, area, and mobile sources. Total SO2 emissions in the 
nonattainment area were 90,851 tpy in the base year, 2011; 32,619 tpy 
in the attainment year, 2014; and 16.7 tpy in the projected future 
years between 2017 and 2027 (see Table 2). Ohio has demonstrated that 
after the closure of the Beckjord plant, the area is attaining and is 
expected to maintain the SO2 NAAQS. Kentucky has committed 
to continue monitoring at the Campbell County site in accordance with 
the requirements of 40 CFR part 58. These data will be used to verify 
continued attainment. Ohio has the authority to adopt, implement and 
enforce any subsequent emissions control measures deemed necessary to 
correct any future SO2 violations. Regarding contingency 
measures to implement in the case of a future violation of the 
SO2 standard, Ohio did not name a specific control measure, 
as there are no sources in or near the nonattainment area with the 
potential to cause a violation. As a contingency plan, therefore, Ohio 
has committed to identify any sources which cause or contribute to 
monitored violations, and follow up with enforcement proceedings, 
expediting any necessary corrective actions. SIP rules will be revised 
in accordance with Ohio's rulemaking procedures if new control measures 
are needed. Ohio commits to study SO2 emission trends and 
identify areas of concern if the annual average 99th percentile maximum 
daily one-hour SO2 concentration of 79 ppb or greater occurs 
in a single year, or if a two-year average of 76 ppb or greater occurs 
in the maintenance area. Ohio will adopt and implement corrective 
actions as necessary to address such trends of increasing emissions or 
ambient impacts. The public will have the opportunity to participate in 
the contingency measure implementation process. EPA proposes to find 
that Ohio's maintenance plan adequately addresses the five basic 
components necessary to maintain the SO2 standard in the 
Campbell-Clermont KY-OH nonattainment area.

VIII. What action is EPA taking?

    In accordance with Ohio's August 11, 2015, request, EPA is 
proposing to redesignate the Ohio portion of the Campbell-Clermont KY-
OH nonattainment area from nonattainment to attainment of the 
SO2 NAAQS. Ohio has demonstrated that the area is attaining 
the SO2 standard, and that the improvement in air quality is 
due to the permanent and enforceable shutdown of the main 
SO2 source in the nonattainment area. EPA is proposing to 
approve the maintenance plan that Ohio submitted to ensure that the 
area will continue to maintain the SO2 standard.

IX. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.


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    Dated: July 11, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-17054 Filed 7-19-16; 8:45 am]
 BILLING CODE 6560-50-P