USEPA Clean Air Act 111(d) Rulemaking:

Non-Applicability of Rulemaking to 

Municipal Power Plants in Orrville and Hamilton, Ohio 

Overview:

USEPA’s Proposed Clean Air Act Section 111(d) Rulemaking (“Proposed
111(d)”) includes an appendix that identifies units in each state that
have been deemed subject to the Proposed 111(d) for purposes of
developing baseline calculations.  

Units located at the municipal power plants in both Orrville and
Hamilton, Ohio have been inappropriately included this USEPA appendix.

Explanation:

The preamble to the Proposed 111(d) states that in order to be defined
as an “affected source” for purposes of application of the Proposed
111(d), the source must “sell the greater of 219,000 MWh per year and
one-third of its potential electrical output to a utility distribution
system….”

The text of the Proposed 111(d), defines an “affected source” as
being “constructed for the purpose of supplying one-third or more of
its potential electric output and more than 219,000 MWh net-electric
output to a utility distribution system on an annual basis.”

Note, the preamble and the text of the Proposed 111(d) are inconsistent
as to the triggering criteria (i.e. “sell” versus “constructed for
the purpose of supplying”).

Applying either triggering criteria, the municipal units at the Orrville
(Units 10, 11) and Hamilton (Units 7, 8) power plants are not affected
sources for purposes of the Proposed 111(d) because the units neither
were constructed for the purpose of supplying nor sell more than 219,000
MWh per year or one-third or more of potential electric output.  

As such, Hamilton and Orrville request that the units be removed from
USEPA’s baseline and excluded from any future proposals or state
implementation plans.

Questions?  

Contact Jeff Brediger Orrville Utilities Director of Utilities  
HYPERLINK "mailto:jbrediger@orrutilities.com" 
jbrediger@orrutilities.com  330-684-5012

and Kevin Maynard City of Hamilton Director of Electric   HYPERLINK
"mailto:maynardk@ci.hamilton.oh.us"  maynardk@ci.hamilton.oh.us 
513-785-7208

