[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Proposed Rules]
[Pages 13457-13460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06368]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0164; FRL-9976-14--Region 5]


Air Plan Approval; Ohio; Ohio NSR PM2.5 Precursors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve, under the Clean Air Act (CAA), revisions to Ohio's state 
implementation plan (SIP) as requested by the Ohio Environmental 
Protection Agency (OEPA) on March 10, 2017, and supplemented on July 
18, 2017. The revisions to Ohio's SIP implement certain EPA regulations 
for particulate matter smaller than 2.5 micrometers (PM2.5) 
for nonattainment areas by establishing definitions related to 
PM2.5 and defining PM2.5 precursors. The 
revisions also incorporate the findings of a comprehensive precursor 
demonstration performed by OEPA, which determined that volatile organic 
compounds (VOC) and ammonia (NH3) are an insignificant 
source of PM2.5 for the purpose of new source review in 
nonattainment areas in Ohio.

DATES: Comments must be received on or before April 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0164 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

[[Page 13458]]

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: Charmagne Ackerman, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0448, [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. Review of State Submittals
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On March 10, 2017, OEPA submitted to EPA revisions to Ohio 
Administrative Code (OAC) chapter 3745-31-01. The revisions were made 
to implement the ``Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements.'' Subsequently, on 
July 18, 2017, OEPA submitted to EPA a letter clarifying the March 10, 
2017 submittal. OEPA clarified that limited portions of OAC 3745-31-01 
should be included as a SIP revision. The revisions to OAC 3745-31-01, 
specifically, subparagraph (LLL) (6), paragraph (NNN), paragraph 
(WWWW), paragraph (NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL) 
(2) (ee) will make the rule consistent with 40 CFR 51.165 and 40 CFR 
52.21.

II. Review of State Submittals

    On August 24, 2016, EPA published the ``Fine Particulate Matter 
National Ambient Air Quality Standards: State Implementation Plan 
Requirements'' (PM2.5 SIP Requirements Rule)(81 FR 58009) as 
a final rule in the Federal Register. These 2016 regulations provide 
details on meeting the statutory SIP requirements that apply to areas 
designated nonattainment for any PM2.5 National Ambient Air 
Quality Standards (NAAQS). As part of the PM2.5 SIP 
Requirements Rule, EPA has interpreted the requirements of the CAA to 
allow the state to provide a ``precursor demonstration'' to the EPA 
that supports the determination that one or more PM2.5 
precursor need not be subject to control and planning requirements in a 
given nonattainment area. EPA has determined that sulfur dioxide, 
nitrogen oxides, VOC, and NH3 are factual and scientific 
precursors to PM, and thus the attainment plan requirements of subpart 
4 initially apply equally to emissions of direct PM2.5 and 
all of its identified precursors. CAA section 189(e) explicitly 
requires the control of major stationary sources of PM2.5 
precursors, unless there is a demonstration to the satisfaction of the 
Administrator that such major stationary sources do not contribute 
significantly to PM levels that exceed the standards in the area. The 
PM2.5 SIP Requirements Rule became effective on October 16, 
2016.
    OEPA provided a modeling analysis for both VOC and NH3 
intended to show that increases in emissions of these precursors that 
may result from new or modified sources would not make a significant 
contribution to PM2.5 concentrations in the area. This 
demonstration justifies the state's determination that major stationary 
sources of these precursors do not need to be regulated under the NNSR 
program for the area. For NNSR permitting purposes, CAA section 189(e), 
as interpreted by the PM2.5 SIP Requirements Rule, provides 
an option for the state to provide a precursor demonstration intended 
to show that increases in emissions from potential new and existing 
major stationary sources of a particular precursor would not contribute 
significantly to levels that exceed the 2012 PM2.5 NAAQS in 
a particular nonattainment area. 40 CFR 51.1006(a)(3).
    In particular, EPA's regulations provide that a state choosing to 
submit an NNSR precursor demonstration should evaluate the sensitivity 
of PM2.5 levels in the nonattainment area to an increase in 
emissions of the precursor. If the state demonstrates that the 
estimated air quality changes determined through such an analysis are 
not significant, based on the facts and circumstances of the area, the 
state may use this information to identify new major stationary sources 
and major modifications of a precursor that will not be considered to 
contribute significantly to PM2.5 levels that exceed the 
standard in the nonattainment area under CAA section 189(e). Id. 
51.1006(a)(3)(i). If EPA approves the state's NNSR precursor 
demonstration for a nonattainment area, major sources of the relevant 
precursor can be exempted from the NNSR major source permitting 
requirements for PM2.5 with respect to that precursor. Id. 
51.1006(a)(3)(ii).
    For NNSR permitting purposes, OEPA conducted sensitivity analyses 
to examine potential increases in emissions through a model simulation 
that evaluates the effect on PM2.5 concentrations in the 
area resulting from a given set of precursor emission increases from 
one or more new or modified stationary sources. On October 14, 2016, 
OEPA submitted its non-significance finding, including the precursor 
demonstration, as part of OEPA's attainment demonstration for the 2012 
PM2.5 annual standard. The attainment demonstration for the 
PM2.5 annual standard will be addressed in a separate 
action.
    OEPA and the Lake Michigan Air Directors Consortium (LADCO) used 
the 2011 and 2021 comprehensive modeling inventories and platforms for 
this analysis. OEPA and LADCO initially ran a baseline model to predict 
the PM2.5 concentrations in Cleveland in 2021, and then 
modeled any potential increases of precursors for the same year to 
determine the impact of the growth of precursors to the areas 
concentrations. To help determine a theoretical growth scenario as a 
result of major source expansion (new or modified), OEPA first prepared 
inventories for VOC and NH3 for 2008 to 2014 for the entire 
State from Ohio's annual emissions reporting program. OEPA used 
inventories for the entire State in order to determine what types of 
major sources/source categories are likely to expand (new or modified) 
within the Cleveland area and at what magnitude (tons per year) those 
expansions are likely to occur.
    Consistent with EPA's regulation and draft guidance, OEPA and LADCO 
have performed sensitivity analyses of potential increases in emissions 
through a model simulation that evaluates the effect on 
PM2.5 concentrations in the nonattainment area (including 
unmonitored areas) resulting from a given set of hypothetical 
NH3 or VOC precursor emission increases from modified major 
stationary sources of the respective precursors in the nonattainment 
area.
    For the NH3 analysis, OEPA assumed emissions increases 
at three existing locations of NH3 in the area, as these 
would be the most likely future areas of growth in the Cleveland area. 
EPA believes that the use of the historical inventories to predict 
growth is reflective of the future potential increases specific to the 
Cleveland area

[[Page 13459]]

given the current types of facilities and their respective locations, 
the urban density and ability to expand or build, as well as the types 
of state regulation or other federal requirements (such as National 
Emission Standards for Hazardous Air Pollutants) on facility types and 
controls required for other pollutants. EPA believes that this is an 
acceptable approach to estimating potential future growth.
    In addition to the modeled emissions increases based on historical 
growth at sources, LADCO and OEPA performed an additional 
NH3 modeling analysis (submitted July 18, 2017) based on a 
100 tons per year (TPY) emissions increase (to represent major sources) 
in each modeled grid cell in the nonattainment area. EPA believes that 
this is a sufficiently conservative analysis that exceeds the level of 
actual potential NH3 emissions growth likely to occur in the 
area. Thus, this analysis serves as a reasonable evaluation of the 
sensitivity of PM2.5 concentrations to a large emissions 
increase across the spatial area. Both of these approaches are 
consistent with suggested modeling in EPA's draft guidance.
    For the VOC analysis, OEPA added 1,486 TPY of VOC emissions at 3 
existing source locations where VOC emissions increases potentially 
could occur in the nonattainment area. Compared to the 2011 inventory, 
this represents a 75% increase in VOC emissions from existing 
stationary sources (Electric Generating Units (EGU) and non-EGU). 
Compared to the 2021 projected inventory, this represents an 80% 
increase in stationary source emissions. For the NH3 
analysis, OEPA added 325 TPY of NH3 emissions (scenario 1) 
to 3 existing source locations where NH3 emissions increases 
potentially could occur in the nonattainment area. Compared to the 2011 
inventory, this represents a 447% increase in NH3 emissions 
from existing stationary sources. Compared to the 2021 projected 
inventory, this represents a 449% increase in NH3 from 
stationary sources. The additional NH3 analysis (scenario 2) 
had a total emissions increase of 1,700 TPY, which is over 500% higher 
growth than the historical NH3 growth (scenario 1).
    OEPA found that the addition of the NH3 emissions 
(approximately 350 TPY) into the model based on historical growth 
(scenario 1) would result in a peak impact of 0.08 micrograms per cubic 
meter ([mu]g/m\3\), and the addition of the above VOC emissions would 
result in a peak impact of 0.02 [mu]g/m\3\. The modeled impacts are 
well below the recommended significance contribution threshold of 0.2 
[mu]g/m\3\; for VOC it is an order of magnitude difference, and for 
NH3 the maximum value is less than half the recommended 
significant contribution threshold level. The results of NH3 
modeling for scenario 2 indicate that, even with a conservatively large 
NH3 increase, the maximum impact was 0.24 [mu]g/m\3\, which 
is only slightly above the recommended contribution threshold of 0.2 
ug/m\3\.
    While the increase is slightly above the recommended contribution 
threshold, EPA believes that it is reasonable to conclude that 
NH3 emissions from major stationary sources (in the context 
of a NNSR precursor demonstration) do not contribute significantly to 
PM2.5 concentrations in the nonattainment area for the 
following reasons: Historical growth of NH3 sources in the 
area are significantly less than what was modeled for scenario 2; the 
only likely future increases of NH3 emissions from major 
sources in the area are from the increased use of NH3 for 
EGU NOX control (ammonia slip) and would likely occur at 
existing EGUs (as modeled in scenario 1); the area continues to trend 
downward in both monitored PM2.5 concentrations and 
PM2.5 (direct and precursor) emissions; and current 
preliminary monitoring data shows the area is attaining the standard. 
This small amount of additional ambient PM2.5 concentration, 
based on the modeling analysis, would therefore not interfere with the 
area's ability to attain the standard given that the current 
preliminary design value for 2015-2017 is 11.3 [mu]g/m\3\, and the 
additional modeled increase of 0.24 [mu]g/m\3\ would not impact the 
areas ability to attain or maintain the NAAQS.
    Based on the results of the modeling demonstration and the 
additional factors described in this section, EPA is proposing to 
determine that emissions increases of either VOC or NH3 from 
new and modified major stationary sources would not contribute 
significantly to PM2.5 levels that exceed the 2012 
PM2.5 NAAQS in the Cleveland nonattainment area. 
Accordingly, we are proposing to approve Ohio's submitted revisions to 
its PM2.5 SIP, and new or modified major sources of VOC and 
NH3 may be exempted from the state's NNSR program 
requirements for PM2.5 in the Cleveland PM2.5 
nonattainment area.

III. What action is EPA taking?

    EPA is proposing approval of the SIP revision submittal. Ohio's SIP 
revisions comply with regulations EPA designed to address the 
PM2.5 NAAQS. EPA finds that these revisions implement the 
NNSR rules by defining precursors for PM2.5, as required by 
EPA's regulations.
    EPA is proposing approval of revisions to OAC 3745-31-01, 
specifically subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW), 
paragraph (NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee). 
EPA finds that the revisions are consistent with Federal requirements.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference revisions to Ohio Administrative Code 3745-31-01 including 
subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW), paragraph 
(NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee), effective 
on March 20, 2017 . EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov, and at the 
EPA Region 5 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information.

VI. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 13460]]

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 Clean Air Act; 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06368 Filed 3-28-18; 8:45 am]
 BILLING CODE 6560-50-P