Proposed Rule2023-13230
Air Plan Approval; Ohio; Proposed Approval of the Muskingum River SO2 Attainment Plan
Primary source
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Published
June 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), a revision to the Ohio State Implementation Plan (SIP) intended to provide for attainment of the 2010 primary, health-based 1-hour sulfur dioxide (SO<INF>2</INF>) national ambient air quality standard (NAAQS or standard) for the Muskingum River SO<INF>2</INF> nonattainment area. This SIP revision (hereinafter referred to as Ohio's Muskingum River SO<INF>2</INF> attainment plan or plan) includes Ohio's attainment demonstration and other attainment planning elements required under the CAA. EPA proposes to find that Ohio has appropriately demonstrated that the plan provides for attainment of the 2010 1-hour primary SO<INF>2</INF> NAAQS in the Muskingum River, Ohio nonattainment area and that the plan meets the other applicable requirements under the CAA. EPA is also proposing to incorporate by reference Ohio's Director's Final Findings and Orders (DFFOs), issued on May 23, 2023, into the Ohio SIP. The DFFOs set forth additional requirements at Globe Metallurgical (Globe) to verify appropriate source characterization for modeling purposes.
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Proposed Rules]
[Pages 40726-40728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13230]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0580; FRL-11047-01-R5]
Air Plan Approval; Ohio; Proposed Approval of the Muskingum River
SO2 Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, under the Clean Air Act (CAA), a revision to the Ohio State
Implementation Plan (SIP) intended to provide for attainment of the
2010 primary, health-based 1-hour sulfur dioxide (SO<INF>2</INF>)
national ambient air quality standard (NAAQS or standard) for the
Muskingum River SO<INF>2</INF> nonattainment area. This SIP revision
(hereinafter referred to as Ohio's Muskingum River SO<INF>2</INF>
attainment plan or plan) includes Ohio's attainment demonstration and
other attainment planning elements required under the CAA. EPA proposes
to find that Ohio has appropriately demonstrated that the plan provides
for attainment of the 2010 1-hour primary SO<INF>2</INF> NAAQS in the
Muskingum River, Ohio nonattainment area and that the plan meets the
other applicable requirements under the CAA. EPA is also proposing to
incorporate by reference Ohio's Director's Final Findings and Orders
(DFFOs), issued on May 23, 2023, into the Ohio SIP. The DFFOs set forth
additional requirements at Globe Metallurgical (Globe) to verify
appropriate source characterization for modeling purposes.
DATES: Comments must be received on or before July 24, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0580 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#69081b1b08471a081b0801290c1908470e061f"><span class="__cf_email__" data-cfemail="fa9b88889bd4899b889b92ba9f8a9bd49d958c">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Gina Harrison, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-6956, <a href="/cdn-cgi/l/email-protection#503831222239233f3e7e37393e31103520317e373f26"><span class="__cf_email__" data-cfemail="f890998a8a918b9796d69f919699b89d8899d69f978e">[email protected]</span></a>. The EPA Region 5
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility closures.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On January 18, 2022,\1\ EPA partially approved and partially
disapproved Ohio's SO<INF>2</INF> plan for the Muskingum River area
submitted on April 3, 2015, and October 13, 2015, and supplemented on
June 23, 2020. EPA's January 18, 2022, final rule provided an
explanation of the applicable provisions in the CAA and the measures
and limitations identified in Ohio's attainment plan to satisfy these
provisions. EPA approved the base year emissions inventory and affirmed
that the new source review requirements for the area had previously
been met. In addition to an attainment demonstration, the January 18,
2022, final rule addressed the requirements for meeting reasonable
further progress (RFP) toward attainment of the NAAQS, reasonably
available control measures (RACM) and reasonably available control
technology (RACT), enforceable emission limitations and control
measures, base-year and projection-year emission inventories, and
contingency measures.
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\1\ 87 FR 2555 (effective February 17, 2022).
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Ohio's June 23, 2020, submittal was based on, among other things,
an agreement that the Globe facility would purchase a tract of property
to the north that was modeled to be impacted by SO<INF>2</INF>
emissions from the facility. Globe decided not to purchase the land as
anticipated by the attainment plan. As the attainment demonstration
relied on the inclusion of this property within Globe's fenceline,
failure to obtain the land rendered the attainment demonstration
invalid, and EPA disapproved Ohio's attainment demonstration for the
Muskingum River SO<INF>2</INF> nonattainment area. This disapproval
started sanctions clocks for this area under CAA section 179(a)-(b),
including a requirement for 2-for-1 offsets for any major new sources
or major modifications 18 months after the effective date of this
action, and highway funding sanctions 6 months thereafter, as well as
initiated an obligation for EPA to promulgate a Federal Implementation
Plan within 24 months, under CAA section 110(c).
II. EPA's Evaluation of Ohio's Submittal
Ohio submitted a supplement to the attainment demonstration on June
24, 2022, to substitute new measures in lieu of the land acquisition.
The supplement identifies a modification to the Shop 1 baghouse at the
Globe facility that added a vertical release exhaust point at the roof
monitor. Ohio also modified the air quality modeling analysis to
include the use of site-specific meteorological data instead of
National Weather Service data collected 20 miles off-site.
On July 28, 2022, in accordance with Ohio's June 23, 2020, DFFOs,
Globe submitted the final report for validation testing conducted on
January 11 and 13, 2022. This testing was required to verify the
accuracy of the mass balance calculations used to determine compliance
with the SO<INF>2</INF> emissions limits. EPA and Ohio EPA agree that
the validation testing did verify the accuracy of the mass balance
calculations, but the flows measured during the validation testing were
different from those used in the air quality modeling that serves as
the basis for the attainment demonstration. In addition, during the
testing a damper blade was stuck in the open position. While neither
affected the mass balance nor the validation testing results, the flow
and temperature measurements and the amount of dilution air added after
the measurement point may have been affected, which raised questions
about the appropriateness of certain modeling parameters used in the
source characterization and modeling.
As a result, Ohio submitted additional supplemental information on
May 23, 2023, including revised DFFOs for Globe that supersede the June
23, 2020, DFFOs. The new DFFOs retain the SO<INF>2</INF> emission
limits set forth in the previous DFFOs but require additional testing
within one year of the effective date of
[[Page 40727]]
the DFFOs to verify the source characterization parameters used in the
air quality modeling, including the flow and temperature measurements
and the amount of dilution air added after the measurement point. The
new DFFOs also require: submittal of a testing protocol to be approved
by Ohio EPA in consultation with EPA; continuous monitoring of the
damper position and installation of a sensor to detect and record when
the damper is not fully closed; automated alarms if the damper is open
longer than fifteen minutes; daily visual checks of the damper;
reporting of malfunctions; prompt action to respond to any alarms,
malfunctions, or inspections which indicate that the damper may be open
outside of normally intended operations. The new DFFOs also require
associated recordkeeping and reporting. If the values measured in the
source characterization testing are determined by Ohio EPA to be
sufficiently different from the values used in the current modeling,
such that it would be reasonably expected that updated modeling may no
longer demonstrate attainment of the standard, the DFFOs require that
Globe submit a revised attainment demonstration with updated modeling
demonstrating attainment using updated parameters. In that event, Globe
will be required to submit an updated modeling protocol, which will be
reviewed and approved by Ohio EPA in consultation with EPA.
The 2023 DFFOs will remain in effect until requirements
demonstrating attainment of the standard (including procedures for
determining compliance) are incorporated into Ohio Administrative Code
Chapter 3745-18, the rules are approved into Ohio's SIP, and the
requirements are incorporated into the facility's title V operating
permit.
III. What action is EPA taking?
EPA is proposing to approve Ohio's SIP attainment plan submission
for the Muskingum River SO<INF>2</INF> nonattainment area, which the
state previously submitted to EPA on April 3, 2015, October 13, 2015,
and June 23, 2020, and supplemented on June 24, 2022, July 28, 2022,
and May 23, 2023. This SO<INF>2</INF> attainment plan included Ohio's
attainment demonstration for this area. The attainment plan also
addressed requirements for emission inventories, RACT/RACM, RFP, and
contingency measures. Ohio has previously addressed requirements
regarding nonattainment area new source review. Because Ohio's
submission provides an appropriate testing requirement to confirm the
modeling, EPA has determined that Ohio's SO<INF>2</INF> attainment plan
for the Muskingum River SO<INF>2</INF> nonattainment area meets the
applicable requirements of CAA sections 110, 172, 191, and 192.
A key element of Ohio's attainment plan is Ohio's revised DFFOs
issued to Globe on May 23, 2023. Among other requirements, Ohio's DFFOs
retain SO<INF>2</INF> emission limits for Globe set forth in the 2020
DFFOs as a matrix of limits based on 26 separate operating scenarios at
the two baghouses, where each of the 26 scenarios was modeled to
demonstrate attainment and maintenance of the SO<INF>2</INF> standard.
As part of this proposed approval of Ohio's attainment plan for this
area, EPA would approve Ohio's May 23, 2023, DFFOs for the Globe
facility into the SIP. These DFFOs supersede the previous 2020 DFFOs,
retain the SO<INF>2</INF> limits and other requirements set forth in
the 2020 DFFOs, and require additional testing, monitoring, and
confirmation of certain flow parameters for verification of source
modeling characterization. EPA finds that these requirements are
sufficient for the required attainment plan demonstration.
By this action, EPA is proposing to codify its approval of both
Ohio's May 23, 2023, DFFOs and Ohio's attainment plan for the Muskingum
River SO<INF>2</INF> nonattainment area.
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 Ohio's DFFOs issued to Globe Metallurgical, effective May 23,
2023, discussed in section II. of this preamble. EPA has made, and will
continue to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
V. 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. This action
disapproves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
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environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Ohio EPA did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 15, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-13230 Filed 6-21-23; 8:45 am]
BILLING CODE 6560-50-P
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