[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6456]
[[Page Unknown]]
[Federal Register: March 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[OH31-1-5650; FRL-4852-5]
Designation of Areas for Air Quality Planning Purposes; Ohio
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Proposed rule.
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SUMMARY: On August 6, 1992, USEPA received maintenance plans and a
request from the Ohio Environmental Protection Agency (OEPA) for
redesignation of Coshocton, Gallia, Morgan, and Washington Counties
from nonattainment to attainment for sulfur dioxide (SO2). USEPA
is proposing to approve the maintenance plans and redesignation request
for Morgan and Washington Counties and deferring action with respect to
the submittal for Coshocton and Gallia Counties.
DATES: Comments on the request and the proposed USEPA action must be
received by April 18, 1994.
ADDRESSES: Written comments should be addressed to: William MacDowell,
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Copies of the materials submitted by the State and the February 9,
1994, technical support document are available at the following
addresses for review: (It is recommended that you telephone John
Summerhays at (312) 886-6067, before visiting the Region 5 office.)
U.S. Environmental Protection Agency (AE-17J), Region 5, Air
Enforcement Branch, 77 West Jackson Blvd., Chicago, Illinois 60604-
3590.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Air Enforcement
Branch (AE-17J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 886-6067
SUPPLEMENTARY INFORMATION:
I. Background
Under section 107(d) of the Clean Air Act, as amended in 1977,
USEPA promulgated designations of whether each area in the country was
attaining the National Ambient Air Quality Standards (NAAQS). (See
Federal Register of March 3, 1978 (43 FR 8962), and October 5, 1978 (43
FR 45993).) Included among these designations were nonattainment
designations for SO2 for Coshocton, Gallia, Morgan, and Washington
Counties in Ohio. The Clean Air Act Amendments of 1990 provided for
both continuation of preexisting SO2 designations and new criteria
and procedures for redesignations. These criteria are discussed in the
``General Preamble for the Implementation of Title I of the Clean Air
Act Amendments of 1990,'' published at 57 FR 13498 on April 16, 1992,
and in a USEPA memorandum from John Seitz to the Regional Air Division
Directors entitled ``Redesignation and Maintenance Plan Requirements
for Nonattainment Areas,'' dated September 4, 1992.
On August 6, 1992, USEPA received a submittal from the Ohio
Environmental Protection Agency (OEPA) requesting redesignation of
Coshocton, Gallia, Morgan, and Washington Counties from nonattainment
to attainment for SO2. This submittal also included air quality
data summaries and daily coal sampling data for the four major power
plants in the four counties. A subsequent submittal dated July 30,
1993, provided stack test data for one of these facilities and
indicated that stack test data for the other facilities would be sent
shortly.
II. Review of State Submittal
Section 107(d)(3)(E) of the amended Act provides that
redesignations of areas from nonattainment to attainment can be
approved only if five criteria are met:
(i) USEPA determines that the area has attained the NAAQS;
(ii) USEPA has fully approved the relevant implementation plan;
(iii) USEPA determines that the improvement in air quality is
due to permanent and enforceable reductions in emissions resulting
from implementation of the applicable implementation plan and
applicable Federal air pollutant control regulations and other
permanent and enforceable reductions;
(iv) USEPA has fully approved a maintenance plan for the area as
meeting the requirements of Section 175A; and
(v) the State containing such area has met all requirements
applicable to the area under Section 110 and part D.
These criteria and the extent to which these criteria are satisfied
are discussed individually in the following subsections.
A. Attainment of the SO2 NAAQS
Air quality standards for SO2 have been set for three
averaging times: annual (at a level of 80 micrograms per cubic meter
(g/m3)), 24-hour (at a level of 365 g/m3),
and 3-hour (at a level of 1300 g/m3). Two types of
information are used to assess whether these standards are met: ambient
monitoring data, and dispersion modeling estimates. Monitoring is
generally conducted at too few locations to fully represent air quality
near significant SO2 sources. Therefore, it is common to rely more
on dispersion modeling results in assessing areas' attainment status.
Indeed, in 1976, for much of Ohio including the four counties addressed
in Ohio's redesignation request, USEPA promulgated emissions limits
found through modeling to be necessary to assure attainment. The
nonattainment designations promulgated in 1978 for these four counties
reflected comparison of the sources' emissions with these promulgated
limits. (See Federal Register notices cited above.) Conversely, a
redesignation of these four counties to attainment must be supported by
modeling information as well as by any available monitoring
information. Provided that the source mix in the areas remains largely
unchanged, the modeling information may reflect the modeling underlying
the applicable limits (whether approved State limits or federally
promulgated limits). This would involve the State demonstrating
attainment by showing that emissions levels are within limits that
USEPA found would assure attainment. In the typical case involving a
relatively small number of sources with explicit limits that dominate
ambient concentrations, such a demonstration would be required to show
compliance for all such sources.
USEPA has examined ambient monitoring data from the Air Information
Retrieval System (AIRS) data base for 1980 to 1992 in the four
counties. These data indicate exceedance of an SO2 standard on
only one occasion, an exceedance in 1991 of the 3-hour average standard
in Morgan County. The 3-hour and 24-hour average standards are not
violated unless 2 or more exceedances occur in a year. Therefore, no
SO2 violations were recorded in the four county region during the
13 years examined.
The submittal of fuel quality data to support the State's request
raises several issues. The first issue is whether fuel quality data may
be used to indicate attainment status, even though stack testing is the
compliance test method USEPA has approved for sources subject to State
Implementation Plan (SIP) limits and promulgated for sources subject to
Federal Implementation Plan (FIP) limits. Since the purpose of this
review is to assess air quality and not individual source compliance,
USEPA judges the use of fuel quality data to be appropriate. Indeed,
fuel quality data in conjunction with atmospheric dispersion analyses
(in this case previously completed analyses) can provide information
both for a broader set of times than stack testing and for a broader
set of locations than ambient monitoring.
An associated issue involves appropriate averaging times. The
State's rules provide for 30-day averaging of fuel quality data, and
USEPA has adopted a policy that gives enforcement priority to sources
violating applicable limits on a 30-day average basis. Nevertheless,
for purposes of reviewing whether the four counties are attaining the
24-hour average SO2 standards, daily fuel quality information was
used. Fuel quality data showing daily compliance with emissions limits
which modeling showed would assure attainment is considered evidence of
attainment of both the annual average and the 24-hour average
standards. For the 3-hour standard, fuel quality data indicating
continuous compliance on a 24-hour average basis is to be supplemented
by stack test results demonstrating compliance on this shorter
averaging time.
An additional issue pertaining to the use of fuel quality data
involves the appropriate conversion factor from fuel sulfur content to
SO2 emissions. Ohio's rules provide a conversion factor for coal
of 1.9 pounds of SO2 emissions per pound of sulfur in fuel.
However, USEPA currently believes that 1.95 pounds of SO2 are
emitted per pound of sulfur in coal. USEPA's review of the State's fuel
quality information used this slightly higher conversion factor.
In support of its redesignation request, the State provided
available 1989 to 1991 daily coal quality data for Ohio Valley Electric
Corporation's Kyger Creek Station (in Gallia County), Ohio Power
Company's Gavin Station (also in Gallia County) and Muskingham River
Station (in Morgan and Washington Counties), and Columbus and Southern
Ohio Electric Company's Conesville Station (in Coshocton County). The
State also provided results of multiple stack tests at the Muskingham
River Station, and committed to send results of recently completed
stack tests for the other plants in the near future. Although three of
the four counties also include at least one industrial source subject
to source-specific emissions limits, these sources are not located in
the portion of the county designated nonattainment and do not
significantly affect nonattainment area air quality.
The fuel quality data submitted by the State indicate no recent
violations of air quality standards in the four counties. The Kyger
Creek data showed no exceedances of the applicable limit on any day
during the 3 years. The Gavin data showed exceedances for a single
boiler on three occasions in 1989, but no exceedances in 1990 or 1991.
The Muskingham River data showed numerous exceedances through May 1989,
but then during the subsequent 2\1/2\ years only one occasion of coal
for one boiler exceeding the applicable limit. On this occasion the
fuel quality for other boilers was enough below the applicable limit to
compensate for the exceedance at the one boiler, such that use of the
actual fuel qualities in the modeling analysis underlying the approved
SIP would indicate attainment. Finally, the Conesville data indicated
an exceedance at all boilers in April 1989, but no exceedances in the
subsequent 2\1/2\ years. These periods of compliance, reflecting the
most recent available data, provide sufficient basis for USEPA to
conclude that these areas are now attaining annual average and 24-hour
average air quality standards.
The fuel quality data, in conjunction with stack test data for the
Muskingham River Station, also indicate attainment of the 3-hour
average standard in Morgan and Washington Counties. USEPA has not
received stack test data for Coshocton or Gallia Counties, and has not
evaluated whether these counties are attaining the 3-hour standard.
B. Fully Approved Implementation Plan
The second criterion for redesignation to attainment, given in
section 107(d)(3)(E)(ii), is that the plan be fully approved under
section 110(k). The plan for the Morgan and Washington Counties
nonattainment area was approved on May 20, 1988 (53 FR 18087). Although
this approval was granted under section 110(a)(2) rather than section
110(k), section 110(a)(2) was the predecessor of and contained similar
provisions as section 110(k) prior to the enactment of section 110(k)
in the Clean Air Act Amendments of 1990. Thus, USEPA views approval of
a SIP under section 110(a)(2) prior to the enactment of the 1990
amendments as sufficient to satisfy the criterion of section
107(d)(3)(E)(ii).
The key elements of the plans for Coshocton and Gallia Counties are
Federal Implementation Plan (FIP) limits promulgated under section
110(c). Based on questions as to whether such plans satisfy the
requirements of section 107(d)(3)(E)(ii), USEPA is deferring action on
Ohio's request for these two counties.
C. Permanent and Enforceable Emission Reductions
The third criterion for redesignation to attainment is that the
improvement be attributable to permanent and enforceable emissions
reductions. For SO2, this criterion could be satisfied, for
example, by showing that the key sources have switched to fuels with
sufficiently lower sulfur content to meet permanent, federally
enforceable fuel quality limits that provide for attainment. For the
four counties subject to the State's redesignation request, this
criterion is met because the air quality improvement is due to sources
switching to coal supplies with reduced sulfur content in order to meet
enforceable limits.
D. Maintenance Plan
The fourth criterion is that USEPA has fully approved a maintenance
plan pursuant to section 175A. Section 175A requires a plan that
assures maintenance of the air quality standard for at least 10 years
beyond the date of redesignation, and includes contingency measures as
necessary to assure prompt correction of any violations. USEPA has
published guidance that for SO2, contingency measure requirements
under section 172(c)(9) (for SIPs) may be satisfied by a State having
an aggressive program for identifying and resolving any instances of
sources not complying with limits established to assure attainment.
(See 57 FR 13547.) Such an enforcement program would also satisfy
SO2 contingency measure requirements under section 175A. Ohio
submitted a maintenance plan in conjunction with its redesignation
request. This action addresses Ohio's maintenance plan as well as its
redesignation request.
The maintenance plan submitted by Ohio includes federally mandated
reductions in diesel fuel sulfur content and the expected power plant
emission reductions due to acid rain requirements under Title IV of the
Clean Air Act. In addition, Ohio maintains active tracking of the
compliance status of sources and commences enforcement action upon
identifying violators, thereby assuring prompt correction of any
violations of the air quality standards attributable to the existing
set of sources. Furthermore, for any new sources with the potential to
cause air quality standard violations, Federal requirements for the
Prevention of Significant Deterioration include provisions to prevent
new violations of the standard. Therefore, USEPA considers the
requirements of section 175A met, and is proposing to approve Ohio's
maintenance plan for SO2 for Morgan and Washington Counties. (For
reasons stated previously, USEPA is not proposing action today with
respect to the requests for Coshocton and Gallia Counties, and
accordingly is also not proposing action on the maintenance plan for
these counties.) If the maintenance plan for Morgan and Washington
Counties is approved as proposed, Ohio would then satisfy the fourth
criterion for redesignation of these counties to attainment.
E. Requirements Under Section 110 and Part D
The fifth criterion is that all requirements under section 110 and
part D of Title I have been met. USEPA approved the SIP for the Morgan
and Washington County nonattainment area on May 20, 1988, at 53 FR
18087. Accordingly, the fifth criterion is satisfied for this area.
USEPA is not undertaking rulemaking today on whether the federally
promulgated limits satisfy this criterion for Coshocton or Gallia
Counties.
III. Summary of Action
USEPA has reviewed the State's submittals and other related
material and has concluded that the maintenance plan and redesignation
request for Morgan and Washington Counties satisfy the applicable
criteria for approval. Consequently, USEPA proposes to approve the
maintenance plan for SO2 for Morgan and Washington Counties, and
to redesignate these two counties to attainment. USEPA is deferring
action with respect to Ohio's maintenance plans and redesignation
requests for Coshocton and Gallia Counties.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small business, small not-for-profit enterprises, and
government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area either to nonattainment or to attainment
does not impose any new requirements on small entities. Redesignation
is an action that affects the status of a geographical area and does
not impose any regulatory requirements on sources. The Administrator
certifies that the approval of the redesignation request will not
affect a substantial number of small entities.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request redesignations. Each
redesignation request shall be considered separately in light of
specific technical, economic, and environmental factors and in relation
to relevant statutory and regulatory requirements.
This action has been classified as a Table Two action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), based on revised SIP
processing review tables approved by the Acting Assistant Administrator
for Air and Radiation on October 4, 1993 (Michael Shapiro's memorandum
to Regional Administrators). On January 6, 1989, the Office of
Management and Budget waived Tables Two and Three SIP revisions (54 FR
222) from the requirements of section 3 of Executive Order 12291 for a
period of 2 years. USEPA has submitted a request for a permanent waiver
for Table 2 and Table 3 SIP revisions. OMB has agreed to continue the
temporary waiver until such time as it rules on USEPA's request. This
request continued in effect under Executive Order 12866, which
superseded Executive Order 12291 on September 30, 1993.
Authority: 42 U.S.C. 7401-7671q.
Dated: February 18, 1994.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 94-6456 Filed 3-17-94; 8:45 am]
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