[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Rules and Regulations]
[Pages 41925-41928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13452]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2019-0577; FRL-10010-63-Region 3]


Air Plan Approval; West Virginia; Redesignation and Maintenance 
Plan for the West Virginia Portion of the Steubenville Sulfur Dioxide 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
request from the State of West Virginia to redesignate to attainment 
its respective portion of the Steubenville, Ohio-West Virginia multi-
state sulfur dioxide (SO2) nonattainment area (referred to 
as the ``Steubenville Nonattainment Area'' or the ``Area'') for the 
2010 1-hour SO2 primary national ambient air quality 
standard (NAAQS) (also referred to as the ``2010 SO2 
NAAQS''). EPA is also approving, as a revision to the West Virginia 
state implementation plan (SIP), West Virginia's maintenance plan for 
its portion of the Steubenville Nonattainment Area. Emissions of 
SO2 in the Area have been reduced, and monitored ambient 
SO2 readings in the nonattainment area are currently well 
below the 2010 SO2 NAAQS.

DATES: This final rule is effective on August 12, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0577. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via

[[Page 41926]]

electronic mail at calcinore.sara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Steubenville Nonattainment Area is comprised of a portion of 
Jefferson County, Ohio and a portion of Brooke County, West 
Virginia.\1\ On October 22, 2019 (84 FR 56385), EPA approved the 
attainment plans for the Steubenville Nonattainment Area as well as new 
emissions limits for the primary SO2 sources in the Area. 
These sources include: (1) The American Electric Power (AEP) Cardinal 
Power Plant (referred to as ``Cardinal Power Plant'') located in 
Brilliant, Ohio; (2) the JSW Steel USA Ohio facility (JSW Steel) in 
Mingo Junction, Ohio; (3) the Mingo Junction Energy Center, also in 
Mingo Junction, Ohio; and (4) Mountain State Carbon (MSC) in 
Follansbee, West Virginia.\2\ EPA redesignated the Ohio portion of the 
Steubenville Nonattainment Area to attainment on November 29, 2019 (84 
FR 65683).
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    \1\ The Ohio portion of the nonattainment area included Cross 
Creek Township, Steubenville Township, Warren Township, Wells 
Township, and Steubenville City in Jefferson County. 40 CFR 81.336. 
The West Virginia portion of the nonattainment area is the Cross 
Creek Tax District in Brooke County. 40 CFR 81.349.
    \2\ The attainment plan for the Steubenville Nonattainment Area 
included dispersion modeling demonstrating that the Steubenville 
Nonattainment Area had attained the 2010 SO2 NAAQS based 
on the allowable emissions from Cardinal Power Plant, JSW Steel, 
Mingo Junction Energy Center, and MSC. The emissions limits for 
Cardinal Power Plant, JSW Steel, and Mingo Junction Energy Center 
are approved into the Ohio SIP under Chapter 3745-18. See 40 CFR 
52.1870(c). The emissions limits for MSC are included in a consent 
order dated September 29, 2017 (Consent Order Number CO-SIP-C-2017-
9), which is approved into the West Virginia SIP. 84 FR 56385 
(October 22, 2019); 40 CFR 52.2520(d). The emissions limits for all 
four facilities are permanent and Federally enforceable.
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    On August 22, 2019, West Virginia submitted a request to 
redesignate the West Virginia portion of the Steubenville Nonattainment 
Area. On March 20, 2020 (85 FR 16038), EPA published a notice of 
proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM, 
EPA proposed approval of West Virginia's request to redesignate to 
attainment its portion of the Steubenville Nonattainment Area as well 
as West Virginia's corresponding maintenance plan for the Area.

II. Summary of SIP Revision and EPA Analysis

    EPA reviewed West Virginia's redesignation request and found that 
West Virginia's portion of the Steubenville Nonattainment Area 
satisfies the Clean Air Act (CAA) section 107(d)(3)(E) requirements for 
redesignation. EPA also found that West Virginia's maintenance plan for 
the Area satisfies the requirements of CAA section 175A. EPA's 
rationale for this action can be found in the March 20, 2020 NPRM.
    EPA received one adverse comment on the proposal. As discussed in 
section III in this final rule's preamble, EPA concludes that West 
Virginia has satisfied the relevant requirements of CAA section 
107(d)(3)(E) for the redesignation of its portion of the Steubenville 
Nonattainment Area. Therefore, EPA is redesignating West Virginia's 
portion of the Steubenville Nonattainment Area to attainment for the 
2010 SO2 NAAQS and is approving, as a revision to the West 
Virginia SIP, the corresponding maintenance plan for the Area.

III. Public Comments and EPA Response

    EPA received one comment on the March 20, 2020 NPRM. The comment 
and EPA's response are discussed below. The comment is included in the 
docket for this action, available online at www.regulations.gov, Docket 
ID: EPA-R03-OAR-2019-0577.
    Comment: On April 20, 2020, EPA received an anonymous comment on 
the NPRM. The commenter questioned how West Virginia can confirm the 
current compliance of the modeled facilities (i.e., Cardinal Power 
Plant, JSW Steel, Mingo Junction Energy Center, and MSC) in the 
Steubenville Nonattainment Area when three of the four facilities are 
not within West Virginia's jurisdiction. The commenter requests that 
EPA independently determine whether all four facilities are currently 
in compliance with their modeled limits.
    EPA Response: States generally have the best information on the 
compliance status of sources within their jurisdiction. Therefore, EPA 
is primarily relying on Ohio to provide information on the compliance 
status of the Ohio sources and West Virginia to provide information on 
the compliance status of the West Virginia source. Ohio Environmental 
Protection Agency (OEPA)'s request for redesignation confirmed that the 
modeled facilities located in its portion of the Area (i.e., Cardinal 
Power Plant, JSW Steel, and Mingo Junction Energy Center) are in full 
compliance with their emission limits.\3\ EPA accepted and concurred 
with this statement regarding compliance by Ohio sources explicitly in 
its September 20, 2019 NPRM proposing approval of Ohio's redesignation 
request and implicitly in its November 29, 2019 final rulemaking notice 
(FRN). See 84 FR 49492 and 84 FR 65683.
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    \3\ See also Appendix D of West Virginia's August 22, 2019 
submittal included in the docket for this rulemaking action, 
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2019-0577.
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    West Virginia has provided adequate assurance that MSC, the only 
primary SO2 source within West Virginia's portion of the 
Steubenville Nonattainment Area, is in compliance with its emissions 
limits as well as other conditions of the September 29, 2017 consent 
order (Consent Order Number CO-SIP-C-2017-9).\4\ Appendix C of West 
Virginia's August 22, 2019 submittal includes documentation of MSC's 
compliance with the consent order, including an August 9, 2016 letter 
from MSC confirming the disconnection of the coke oven gas (COG) 
pipeline to Mingo Junction Energy Center and a February 1, 2017 letter 
verifying that the data acquisition and monitoring system required by 
the consent order is operational.\5\ In the February 1, 2017 letter, 
MSC also commits to submitting the quarterly reports required by the 
consent order. EPA has reviewed the quarterly reports submitted by MSC 
to the WVDEP from October 1, 2017 to March 31, 2020,\6\ and finds that 
MSC is complying with the emissions limits, in accordance with the SIP-
approved consent order, that were used in the modeling demonstration 
for the Steubenville Nonattainment Area.\7\
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    \4\ As stated previously, the emissions limits in the September 
29, 2017 consent order were used for the modeling included in the 
attainment demonstration for the Steubenville Nonattainment Area. 
The consent order is approved in the West Virginia SIP and is 
permanent and Federally enforceable.
    \5\ The September 29, 2017 consent order (Consent Order Number 
CO-SIP-C-2017-9) supersedes and replaces a previous consent order 
(Consent Order Number CO-SIP-2015-14). Consent Order Number CO-SIP-
2015-14 required MSC to physically disconnect the COG pipeline 
leading to Mingo Junction Energy Center by January 1, 2017. It also 
required MSC to install, operate, and maintain a continuous 
monitoring system (CMS) and submit quarterly reports to the West 
Virginia Department of Environmental Protection (WVDEP) beginning 
with the January 1 through March 31, 2017 quarter. MSC submitted the 
August 9, 2016 and February 1, 2017 letters to WVDEP in order to 
demonstrate compliance with these requirements of Consent Order 
Number CO-SIP-2015-14. These requirements are also included in the 
September 29, 2017 consent order that replaced Consent Order Number 
CO-SIP-2015-14 and was approved into the West Virginia SIP. 84 FR 
56385 (October 22, 2019); 40 CFR 52.2520(d).
    \6\ Consent Order Number CO-SIP-C-2017-9 was effective September 
29, 2017. Therefore, the applicable period for determining 
compliance with the emissions limits contained in the September 29, 
2017 consent order is October 1, 2017 to March 31, 2020, which is 
the most recent completed quarter.
    \7\ The quarterly reports are included in the docket for this 
rulemaking, available online at https://www.regulations.gov, Docket 
ID: EPA-R03-OAR-2019-0577.

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[[Page 41927]]

    As mentioned previously, the emissions limits on Cardinal Power 
Plant, JSW Steel, Mingo Junction Energy Center, and MSC are all 
permanent and federally enforceable. These four sources are all subject 
to monitoring, testing, recordkeeping, and reporting requirements to 
assure compliance with the SO2 emissions limits. WVDEP and 
OEPA have comprehensive programs to identify sources of violations of 
the SO2 NAAQS and approved compliance and enforcement 
programs to address violations. WVDEP has committed to continuing the 
enforcement of all rules related to SO2 emissions in the 
Steubenville Nonattainment Area and has verified that it has the legal 
authority and necessary resources to actively enforce any violations of 
its rules or permit provisions.
    EPA finds that MSC is complying with the emissions limits set forth 
in the September 29, 2017 consent order. EPA also continues to believe 
that the sources in the Ohio portion of the area are complying with 
limits in the approved attainment plan, which West Virginia and EPA 
rely upon in concluding that West Virginia's portion of the area is 
attaining the standard. EPA continues to find that West Virginia's 
August 22, 2019 submittal satisfies the CAA section 107(d)(3)(E) 
requirements for the redesignation of the West Virginia portion of the 
Steubenville Nonattainment Area. Therefore, EPA is finalizing the 
redesignation of the West Virginia portion of the Steubenville 
Nonattainment Area for the 2010 SO2 NAAQS.

IV. Final Action

    EPA is approving the redesignation of the West Virginia portion of 
the Steubenville Nonattainment Area (i.e., Cross Creek Tax District in 
Brooke County) from nonattainment to attainment of the 2010 
SO2 NAAQS. EPA is also approving, as a revision to the West 
Virginia SIP, West Virginia's maintenance plan for the Steubenville 
Nonattainment Area. EPA has found that the maintenance plan 
demonstrates maintenance of the SO2 NAAQS through 2030 in 
the Steubenville Nonattainment Area and satisfies the requirements of 
CAA section 175A.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act 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 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 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).
    The SIP is not approved to apply on any Indian reservation land as 
defined in 18 U.S.C. 1151 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).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 11, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving the redesignation of the Steubenville 
Nonattainment Area and associated maintenance plan may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter,

[[Page 41928]]

Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 16, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, amend paragraph (e) by adding in the table an 
entry for ``2010 Sulfur Dioxide Maintenance Plan'' at the end of the 
table to read as follows:


Sec.  52.2520   Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP     Applicable geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
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                                                  * * * * * * *
2010 Sulfur Dioxide Maintenance  Steubenville Area              08/22/19  7/10/2020, [insert  Docket No. 2019-
 Plan.                            (Cross Creek Tax                         Federal Register    0577.
                                  District, Brooke                         citation].
                                  County).
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0
3. Section 52.2525 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.2525   Control strategy: Sulfur dioxide.

* * * * *
    (d) EPA approves the maintenance plan for Cross Creek Tax District, 
Brooke County, West Virginia, submitted by the Department of 
Environmental Protection on August 22, 2019.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.349 amend the table ``West Virginia--2010 Sulfur Dioxide 
NAAQS [Primary]'' by revising the entry for ``Steubenville, OH-WV'' to 
read as follows:


Sec.  81.349   West Virginia.

* * * * *

                West Virginia--2010 Sulfur Dioxide NAAQS
                                [Primary]
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                                                Designation
       Designated area 1 3       ---------------------------------------
                                     Date \2\              Type
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Steubenville, OH-WV.............       8/12/2020
    Brooke County (part)........       8/12/2020  Attainment.
        Area bounded by the            8/12/2020
         Cross Creek Tax
         District.
 
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\1\ Includes any Indian country in each county or area, unless otherwise
  specified. EPA is not determining the boundaries of any area of Indian
  country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in
  the designation area is not a determination that the state has
  regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Mineral County will be designated by December 31, 2020.

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[FR Doc. 2020-13452 Filed 7-10-20; 8:45 am]
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