[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Pages 8492-8496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04160]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0224; FRL-9990-47-Region 5]
Designation of Areas for Air Quality Planning Purposes; Ohio;
Redesignation of the Lake County Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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[[Page 8493]]
SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to redesignate the Lake County
sulfur dioxide (SO2) nonattainment area from nonattainment
to attainment. EPA is also proposing to approve Ohio's maintenance
plan, which Ohio submitted on April 9, 2018. EPA has approved Ohio's
State Implementation Plan (SIP) for Lake County, and the air quality in
the area is meeting the SO2 standard.
DATES: Comments must be received on or before April 8, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0224 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 (AR18J),
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 and Redesignation Requirements
II. Determination of Attainment
III. Ohio's SIP
IV. Permanent and Enforceable Emission Reductions
V. Requirements for the Area Under Section 110 and Part D
VI. Maintenance Plan
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews
I. Background and redesignation requirements
In 2010, EPA established a revised primary SO2 national
ambient air quality standard (NAAQS) of 75 parts per billion (ppb) (75
FR 35520, June 22, 2010). EPA designated the Lake County area as
nonattainment for the 2010 SO2 NAAQS on August 5, 2013 (78
FR 47191) based upon air quality monitoring data for calendar years
2009-2011. The Lake County nonattainment area is comprised of the
entirety of Lake County, Ohio.
Ohio was required to prepare a nonattainment plan that would
provide for attainment of the NAAQS by the SO2 attainment
date of October 4, 2018. The plan must also meet the additional
requirements of sections 172(c) and 191-192 of the CAA. Ohio submitted
its plan on April 3, 2015, and supplemented it on October 13, 2015, and
on March 13, 2017. EPA approved the Lake County nonattainment plan on
February 14, 2019 (84 FR 3986).
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.
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. The State has met all applicable requirements for the area under
section 110 and part D.
5. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA.
II. Determination of Attainment
The first requirement for redesignation is to demonstrate that the
standard has been attained in the area. As stated in EPA's 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 Lake County nonattainment area. The Lake County
nonattainment area has two SO2 monitoring sites, located in
Painesville and Eastlake in northern Lake County. This review addresses
air quality data collected from 2015 through 2017, which includes the
most recent three years of complete, quality-assured data. All data
considered are certified and recorded in EPA's Air Quality System
database. Ohio has committed to continue monitoring for SO2
at these locations.
Table 1 shows the 99th percentile results and three-year average
design value for the Lake County nonattainment area monitors for 2015-
2017. The overall 2015-2017 design value for Lake County is 66 ppb,
which is below the SO2 standard. Therefore, Ohio has
demonstrated that Lake County's SO2 monitors show
attainment. Preliminary data for 2018 indicate that the area is
continuing to attain the SO2 standard.
[[Page 8494]]
Table 1--Monitoring Data for the Lake County Nonattainment Area for 2015-2017
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Year and 99th percentile value (ppb) Average 2015-
Site ID Location ------------------------------------------------ 2017 (ppb)
2015 2016 2017
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39-085-0003................... Eastlake, Lake 36 10 5 17
County.
39-085-0007................... Painesville, 89 80 29 66
Lake County.
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Regarding the requirement for Ohio to demonstrate that the entire
area is attaining the SO2 standard, Ohio referred to the
dispersion modeling analysis which was submitted on April 3, 2015, as
part of its nonattainment plan. This analysis demonstrated that revised
SO2 emission limits in Painesville and concurrent permanent
SO2 emission reductions in Eastlake would provide for
attainment. Ohio has confirmed that the modeled facilities are
currently in full compliance with their emission limits, so that
current actual emissions are at or below the levels Ohio used in its
modeling analysis. The modeling analysis was discussed in detail in the
August 21, 2018 (83 FR 42235) notice of proposed rulemaking for the
Lake County SO2 nonattainment SIP. EPA approved the Lake
County nonattainment plan on February 14, 2019 (84 FR 3986). EPA
proposes to find that this modeling analysis addresses the CAA
requirements for redesignation.
III. Ohio's SIP
On October 11, 2018 (83 FR 51361), EPA approved revisions to Ohio's
SO2 SIP, including emission limits which were demonstrated
to provide for attainment in Lake County. On February 14, 2019 (84 FR
3986), EPA approved Ohio's nonattainment SIP for Lake County, including
a finding that Ohio had satisfied requirements for providing for
attainment of the SO2 standard in Lake County. Ohio has
adopted its SO2 SIP regulations, including those which cover
Lake County, at Ohio Administrative Code (OAC) 3745-18, and Ohio has
shown that it 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.
IV. Permanent and Enforceable Emission Reductions
For an area to be redesignated, the state must be able to
reasonably attribute the improvement in air quality to emission
reductions which are permanent and enforceable. The FirstEnergy
Generation, LLC, Eastlake Plant (Eastlake plant), located in Eastlake,
Ohio, permanently shut down its coal-fired boilers as of April 2015.
The boiler retirement provided a decrease of 48,300 tons per year (tpy)
from 2011 actual emissions. Ohio has removed the authority to operate
the retired units from the Eastlake plant's federally enforceable State
operating permit. The Eastlake plant cannot begin to use its large
boilers again without applying for a new operating permit. Therefore,
EPA proposes to accept this boiler retirement as a permanent and
enforceable emission reduction.
Ohio has implemented new emission limits at OAC 3745-18-49(F) for
the Painesville Municipal Electric Plant (Painesville plant) in
Painesville, Ohio. The new limits for the Painesville plant provide for
at least a 2,080 tpy decrease from 2011 actual emissions and an
approximate 90 percent decrease from the plant's previously allowable
emissions. EPA approved these new limits into Ohio's SIP on October 11,
2018 (83 FR 51361), which renders the limits federally enforceable, and
Ohio has confirmed that the Painesville plant is currently complying
with the limits.
The design value for Lake County at the time of its nonattainment
designation was 157 ppb, with the highest monitored values found at the
Painesville monitor (39-085-0007). More recent monitoring data in Lake
County indicates that ambient SO2 levels improved after the
Eastlake plant closed its large boilers in April 2015, and after the
Painesville plant's emissions dropped in 2016 to approximately a tenth
of their 2011 level, as the Painesville plant prepared for the January
2017 compliance date of its new emission limits. The current design
value for Lake County (2015-2017) is 66 ppb, with the highest measured
values found at the Painesville monitor. This design value demonstrates
attainment of the SO2 NAAQS. EPA proposes to find that the
improvement in air quality in Lake County can be attributed to
permanent and enforceable emission reductions at the Eastlake and
Painesville plants.
V. Requirements for the Area Under Section 110 and Part D
Ohio has submitted information demonstrating that it meets the
requirements of the CAA for the Lake County nonattainment area. 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 SIP for the
Lake County nonattainment area by April 4, 2015. Ohio submitted its
part D SIP on April 3, 2015 and supplemented it on October 13, 2015 and
on March 13, 2017. The SIP included a demonstration of attainment and
revised emission limits for the Painesville plant. EPA approved the
Lake County nonattainment plan on February 14, 2019 (84 FR 3986).
This rulemaking concluded that Ohio satisfied the various
requirements under CAA section 110 and part D for the Lake County
SO2 nonattainment area. For example, EPA concluded that Ohio
satisfied requirements for an attainment inventory of the
SO2 emissions from sources in the nonattainment area
(required under section 173(c)(3)), reasonably available control
measures (RACM) (required under section 173(c)(1)), and reasonable
further progress (required under section 173(c)(2)).
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,
[[Page 8495]]
2014, Ohio submitted documentation establishing transportation
conformity procedures in its SIP. EPA approved these procedures on
March 2, 2015 (80 FR 11133). EPA is proposing to find that Ohio has
satisfied the applicable requirements for the redesignation of the Lake
County nonattainment area under section 110 and part D of title I of
the CAA.
VI. 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
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 April 9, 2018 redesignation request contains
its maintenance plan, which Ohio has committed to review eight years
after redesignation.
Ohio submitted an attainment emission inventory which addresses the
2011 base year emissions of over 52,000 tpy and projections of future
emissions, for point, area, and mobile sources. While the attainment
date for Lake County was October 4, 2018, Ohio's April 9, 2018
redesignation request chose 2016 as the attainment year for its
maintenance plan emission inventory, because in 2016, significant
SO2 emission reductions occurred at the Eastlake and
Painesville plants, and 2016 was one of the years contributing to the
2015-2017 design value which demonstrated Lake County's achievement of
attainment of the SO2 NAAQS. The attainment year inventory
included actual reductions due to the boiler retirements at the
Eastlake plant and actual reductions at the Painesville plant (as it
was approaching full required compliance with the plant's expected
revised limits). Total SO2 emissions in Lake County for the
attainment year were 483 tpy. Ohio projected emissions for an interim
future year, 2023, and the maintenance year, 2030.
Ohio projected that total SO2 emissions in Lake County
in the applicable years would be 433 tpy. This large reduction in
emissions since the base year is expected to be sufficient to maintain
the SO2 standard in Lake County.
Ohio's maintenance demonstration consists of the nonattainment SIP
air quality analysis which demonstrated that the emission reductions
now in effect in Lake County will provide for attainment of the NAAQS.
The permanent and enforceable SO2 emission reductions
described above ensure that Lake County emissions will be equal to or
less than the emission levels which were evaluated in the air quality
analysis, and Ohio's enforcement program will ensure that the Lake
County SO2 emission limits are met continuously.
For continuing verification, Ohio has committed to track the
emissions and compliance status of the major facilities in Lake County
so that future emissions will not exceed the attainment inventory. All
major sources in Ohio are required to submit annual emissions data,
which the state uses to update its emission inventories as required by
the CAA. Ohio has also committed to continue ambient SO2
monitoring in Lake County to verify attainment of the NAAQS.
The requirement to submit contingency measures in accordance with
section 172(c)(9) can be adequately addressed for SO2 by the
operation of a comprehensive enforcement program which can quickly
identify and address sources that might be causing exceedances of the
NAAQS level. Ohio's enforcement program is active and capable of prompt
action to remedy compliance issues or NAAQS exceedances. In particular,
Ohio's April 9, 2018 redesignation request submittal discusses its two-
tiered plan to respond to increasing SO2 concentrations or
new exceedances of the SO2 NAAQS in the maintenance area.
Ohio commits to study SO2 emission trends and identify areas
of concern and potential additional measures, particularly where an
annual average 99th percentile maximum daily one-hour SO2
concentration of 79 ppb or greater occurs. In the case of a two-year
average of 76 ppb or greater occurring in the maintenance area, Ohio
will assess the situation and consider additional control measures
which can be implemented quickly. Ohio has the authority to
expeditiously adopt, implement and enforce any subsequent emissions
control measures deemed necessary to correct any future SO2
violations. Ohio commits to adopt and implement such corrective actions
as necessary to address 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 has addressed the contingency measure requirement. Further, EPA
proposes to find that Ohio's maintenance plan adequately addresses the
five basic components necessary to maintain the SO2 standard
in the Lake County nonattainment area.
VII. What action is EPA taking?
In accordance with Ohio's April 9, 2018 request, EPA is proposing
to redesignate the Lake County 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 permanent and enforceable SO2
emission reductions in the nonattainment area. EPA is also proposing to
approve Ohio's maintenance plan, which is designed to ensure that the
area will continue to maintain the SO2 standard.
VIII. 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.);
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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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Environmental protection, Air pollution
control, National parks, Wilderness areas.
Dated: February 21, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-04160 Filed 3-7-19; 8:45 am]
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