[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Proposed Rules]
[Pages 40723-40728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17587]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0165; FRL-9982-30--Region 5]


Air Plan Approval; Ohio; Approval of Sulfur Dioxide Regulations

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, Ohio's revised sulfur dioxide 
(SO2) regulations, which Ohio submitted to EPA on March 13, 
2017. Ohio updated its regulations to correct facility information 
which has changed and to add new emission limits for selected sources 
in Lake and Jefferson Counties. The revised regulations do not impose 
substantive changes or additional emission restrictions upon the Ohio 
State Implementation Plan (SIP) except for the site-specific provisions 
which have been revised in response to Ohio's nonattainment area 
designations of August 5, 2013. EPA is proposing to approve the 
majority of the revised regulations which the state submitted. EPA 
proposes to take no action on a portion of one submitted rule, which 
has never been federally approved. EPA also proposes to remove one rule 
from the SIP, which Ohio rescinded and replaced in 2009.

DATES: Comments must be received on or before September 17, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0165 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 (AR-18J), 
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. Introduction
II. Review of Rules
    A. Overview
    B. Revisions to General Rules
    C. Rules Addressing Nonattainment Areas
    1. Lake County Area
    2. Muskingum River Area (Morgan and Washington Counties)
    3. Steubenville Area (Jefferson County)
    D. County-Specific Issues
    1. Cuyahoga County
    2. Lorain County
    3. Ross County
    4. Wayne County
    E. Removal of Rescinded Rule
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Introduction

    On March 13, 2017, Ohio submitted revisions to the Ohio 
Administrative Code Chapter 3745-18 (OAC 3745-18), effective on 
February 16, 2017, for incorporation by EPA into the Ohio 
SO2 SIP. OAC 3745-18 contains Ohio's air emission 
regulations for SO2, which include both statewide 
requirements and emission limits for each Ohio county. This submittal 
was the product of a comprehensive examination of the state's 
SO2 rules which Ohio undertook in accordance with its 
routine five-year rule review process. The state made a number of 
revisions to OAC 3745-18, updating facility data to match the current 
information in its operating permits database and removing requirements 
which only applied to facilities which have closed or units which have 
been removed from existing facilities. For several sources, Ohio 
retained the existing limits in OAC 3745-18, but separately issued 
federally enforceable permits containing tighter limits than those in 
the rule, or new provisions reflecting physical changes at the 
facility. Generally, these permits addressed changes which had occurred 
too late to include in the state's rulemaking action. The effect of 
EPA's approval of the revised OAC 3745-18 SIP rules submitted on March 
13, 2017, would be to retain federal enforceability of both sets of 
limits for each source.
    Ohio's March 13, 2017 submittal also included rules which Ohio had 
developed to address Clean Air Act (CAA) requirements for three 1-hour 
SO2 nonattainment areas. Ohio first adopted these new rules, 
which are found in OAC 3745-18-03, OAC 3745-18-04, OAC 3745-18-47, and 
OAC 3745-18-49, on October 13, 2015, and submitted the rules to EPA as 
part of the state's October 13, 2015, nonattainment SIP submittal. 
Later, Ohio made significant revisions and corrections to some of the 
nonattainment area rules. The state adopted the revised nonattainment 
area rules on February 6, 2017, and submitted them to EPA on March 13, 
2017, within Ohio's larger five-year rule review package. EPA is 
proposing action on Ohio's entire March 13, 2017 submittal of revisions 
to OAC 3745-18, regarding their incorporation into the state's 
SO2 SIP. Separate action will address whether Ohio's 
revisions to OAC 3745-18-03, OAC 3745-18-04, OAC 3745-18-47, and OAC 
3745-18-49 satisfy EPA's nonattainment planning requirements.

II. Review of Rules

A. Overview

    Ohio's federally approved SO2 SIP contains six generally 
applicable chapters of OAC 3745-18 and 88 county-specific chapters. The 
six generally applicable chapters are OAC 3745-18-01, ``Definitions and 
incorporation by reference,'' OAC 3745-18-02, ``Ambient air quality 
standards; sulfur dioxide,'' OAC 3745-18-03, ``Attainment dates and 
compliance time schedules,'' OAC 3745-18-04, ``Measurement methods and

[[Page 40724]]

procedures,'' OAC 3745-18-05, ``Ambient and meteorological monitoring 
requirements,'' and OAC 3745-18-06, ``General emission limit 
provisions.'' Specific emission limits for SO2 sources in 
each Ohio county are found in OAC 3745-18-07 (``Adams county emission 
limits'') through OAC 3745-18-94 (``Wyandot county emission limits'').
    Ohio's March 13, 2017 SIP revision request included revised 
versions of all of these rules except OAC 3745-18-02 and OAC 3745-18-
06. Ohio's federally approved SO2 SIP currently includes OAC 
3745-18-02, ``Ambient air quality standards; sulfur dioxide,'' with an 
effective date of January 23, 2006. However, Ohio rescinded this rule 
in 2009 and moved its contents to a new rule. See section II E. for the 
discussion of EPA's proposed action regarding OAC 3745-18-02. Ohio's 
federally approved SO2 SIP also includes OAC 3745-18-06, 
with an effective date of February 17, 2011. Ohio did not submit any 
revisions to this rule. Therefore, the 2011 version of this rule is 
retained in Ohio's SIP.
    Ohio's March 13, 2017 submittal updated OAC 3745-18 with current 
information for each listed facility, as confirmed by the state 
database. Some Ohio facilities have merged or changed ownership in 
recent years. Ohio updated the rules where necessary to reflect each 
facility's current name or ownership and the current location of the 
emission units that are subject to SO2 emission limits. Ohio 
removed some facilities entirely from the site-specific emission limit 
listings if the state had evidence confirming that the entire facility 
has closed, or that all the emission units at the facility which were 
subject to the site-specific emission limits have been removed or are 
no longer emitting SO2. If a facility's site-specific 
emission limits were removed, but the facility is still operating and 
could be subject to its general countywide limit, Ohio retained the 
facility's listing in the compliance date section of OAC 3745-18-03.

B. Revisions to General Rules

    OAC 3745-18-01 contains definitions and references to test methods 
and other Federal requirements. Ohio updated the Code of Federal 
Regulations publication dates in this rule. EPA is proposing to approve 
OAC 3745-18-01.
    OAC 3745-18-03 contains the compliance dates and schedules 
applicable to Ohio SO2 sources. Ohio has removed and 
reserved OAC 3745-18-03(A), which required attainment with the NAAQS by 
specific dates, because the county-specific attainment dates in OAC 
3745-18-03(A)(2) have passed and Ohio found the requirements in OAC 
3745-18-03(A)(1) duplicative of language in other state and Federal 
documents. Since the attainment date language was no longer contained 
in the rule, Ohio retitled OAC 3745-18-03 ``Compliance time 
schedules.'' Ohio added paragraphs in OAC 3745-18-03(B) and OAC 3745-
18-03(C) which apply to sources in the Lake County nonattainment area 
and the Steubenville WV-OH interstate nonattainment area. These 
paragraphs are discussed below in section II C. EPA is proposing to 
approve OAC 3745-18-03.
    OAC 3745-18-04 contains fuel test method requirements for Ohio 
facilities. Ohio revised OAC 3745-18-04 to update facility names and 
locations for sources with facility-specific coal test method 
requirements. Ohio removed facility-specific or county-specific coal 
test methods where they were no longer necessary, because the affected 
facilities are no longer operating, no longer using coal, or currently 
using other methods, such as a continuous emission monitoring system 
(CEMS), for determining compliance.
    Ohio added one paragraph and removed another paragraph in OAC 3745-
18-04(D), which are applicable to sources in the Lake County 
nonattainment area and the Steubenville WV-OH interstate nonattainment 
area. These paragraphs are discussed below in section II C.
    Several paragraphs in OAC 3745-18-04 have not been previously 
approved by EPA, because they appeared to allow compliance 
determinations based on 30-day averaged emission calculations for 
emission limits which were intended to address NAAQS with averaging 
times of 24 hours and less. These paragraphs, OAC 3745-18-04(D)(2), 
(D)(3), (D)(5), (D)(6) and OAC 3745-18-04(E)(2), (E)(3) and (E)(4), 
have not been significantly revised in Ohio's March 13, 2017 submittal. 
As the previously identified deficiencies have not been adequately 
addressed, EPA proposes to take no action on these provisions, and they 
are not part of the SIP.\1\
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    \1\ When these provisions were originally submitted, EPA policy 
was generally to find that limits with compliance based on 30-day 
averaging did not assure attainment with standards based on shorter 
averaging times. In 2014, EPA issued guidance reflecting a new 
policy, indicating that it could find that limits with averaging 
times up to 30 days may provide for attainment in selected cases, 
subject to various criteria, most notably that the longer-term 
average limit reflect an adjustment so as to have comparable 
stringency to the 1-hour limit which had been demonstrated to 
provide for attainment. Ohio has not sought to demonstrate that 
these criteria are met on a state-wide basis, and so EPA has no new 
information that might warrant revisiting the approvability of these 
provisions.
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    In the March 13, 2017 submittal, OAC 3745-18-04(D)(9)(c) contains a 
typographical error which misnames the required method for coal 
sampling and analysis for facilities in Butler County. OAC 3745-18-
04(D)(9)(c) was approved into Ohio's SO2 SIP without the 
typographical error on January 31, 2002 (67 FR 4669). EPA proposes to 
take no action on the March 13, 2017 submittal of OAC 3745-18-
04(D)(9)(c). The paragraph will instead be retained in Ohio's 
SO2 SIP as it was previously approved.
    Ohio made minor grammatical changes to OAC 3745-18-05, which covers 
requirements for ambient monitoring. EPA proposes to find these changes 
approvable.
    Most of Ohio's county-specific rules, OAC 3745-18-07 through OAC 
3745-18-94, have been updated significantly. Ohio removed facility-
specific emission limits where the affected facilities have closed, or 
where the units which were subject to the previously approved rules 
have been retired or have converted to use lower sulfur fuels. Ohio 
confirmed the facilities' current emissions and emission limitations 
with its operating permits database. Each county-specific rule has 
retained its previously approved general SO2 emission limit, 
applicable to all coal-fired steam generating units in the county. CAA 
section 110(l) states that SIP revisions cannot be approved if they 
interfere with applicable requirements concerning attainment and 
reasonable further progress. EPA proposes to find that it is 
permissible under CAA section 110(l) to approve the revised rules in 
Ohio's March 13, 2017 SIP submittal where Ohio has removed obsolete 
emission limits for units which have permanently closed and for which 
the permits to operate have been revoked, as these rule revisions do 
not indicate permission to increase emissions.

C. Rules Addressing Nonattainment Areas

    On August 5, 2013, EPA designated three areas nonattainment for 
SO2 in Ohio: Lake County, the Muskingum River area, and the 
Steubenville OH-WV interstate area. Ohio was required to prepare SIPs 
which would bring its three SO2 nonattainment areas into 
attainment by October 4, 2018. After evaluating local SO2 
emissions and using dispersion models to determine the emission limits 
which could be expected to provide for attainment, Ohio revised its 
SO2 SIP rules to address SO2 sources within these 
nonattainment areas at OAC 3745-18-49 (Lake County) and OAC 3745-18-47 
(Jefferson County). Ohio added related provisions

[[Page 40725]]

in OAC 3745-18-03 and OAC 3745-18-04. Ohio first adopted these 
nonattainment area provisions in October 2015, but later made 
significant revisions and corrections to the rules. Ohio adopted the 
revised rules on February 6, 2017, and submitted them to EPA on March 
13, 2017.
1. Lake County Area
    The new and revised rules relevant to the Lake County nonattainment 
area include OAC 3745-18-03(B)(9), OAC 3745-18-03(C)(11), OAC 3745-18-
04(D)(10), OAC 3745-18-49(F), OAC 3745-18-03(C)(3)(hh), and the removal 
of the previously approved paragraph OAC 3745-18-49(G). Ohio revised 
the Lake County rule at OAC 3745-18-49(F) to add new emission limits 
for the Painesville Municipal Electric Plant in Painesville, Ohio (the 
Painesville plant). OAC 3745-18-49(F) restricts the Painesville plant 
to operate only one of its three boilers on coal at any time; limits 
Boiler 5 to 287 pounds of SO2 per hour (lb/hr), averaged 
over 30 operating days; and limits Boilers 3 and 4 each to 340 lb/hr, 
averaged over 30 operating days. The combined average operating rate 
for the three boilers must not exceed 249 million British Thermal Units 
per hour (MMBtu/hr) for any calendar day, excluding heat input from 
burning natural gas or biomass. Each boiler is additionally limited to 
no more than a ten percent annual capacity factor as defined in 40 CFR 
63.7575, excluding heat input from burning natural gas or biomass. The 
rule also defines biomass as an additional fuel source for this 
facility; the biomass would not be a significant source of 
SO2. The revisions to OAC 3745-18-49(F) represent a 
reduction in allowable SO2 emissions and operating rates for 
this facility.
    Ohio added OAC 3745-18-03(B)(9) to require the Painesville plant to 
apply for a permit or permit modification to provide for compliance 
with its site-specific SO2 emission limits. Ohio added OAC 
3745-18-03(C)(11) to require compliance with the revised site-specific 
rules for the Painesville plant as of thirty days from February 16, 
2017, which is the effective date of the revised rules OAC 3745-18-
03(C)(11) and OAC 3745-18-49(F). The Painesville plant's compliance 
date is the earliest compliance date practicable after Ohio revised the 
facility's previously adopted rules to address an issue EPA identified 
in Ohio's 2015 nonattainment SIP submittal for Lake County. Ohio added 
OAC 3745-18-04(D)(10) to provide the method for calculating compliance 
with the Painesville plant's revised emission limits in OAC 3745-18-
49(F).
    Ohio has removed the entry at OAC 3745-18-49(G) for the Eastlake 
Power Plant in Willoughby, Ohio (now known as the Eastlake Substation), 
because the boilers at the Eastlake Substation which were subject to 
OAC 3745-18-49(G) were permanently shut down in April 2015. OAC 3745-
18-03(C)(3)(hh) still requires any remaining emission units at the 
Eastlake Substation to comply with the county-wide SO2 
limits at OAC 3745-18-49(A). The shut-down units, however, may not 
restart without applying for a new permit. Because the Eastlake 
Substation has permanently retired its boilers and has thus 
significantly reduced its SO2 emissions, and because the 
Eastlake Substation no longer holds a permit to restart the boilers, 
EPA proposes to find that the removal from the SIP of the Eastlake 
Substation's boiler limits is permissible under CAA section 110(l).
    EPA is proposing to approve the rule revisions in OAC 3745-18 which 
apply to the Painesville plant and the Eastlake Substation in Lake 
County, because the rules update the SIP and strengthen it by reducing 
allowable emissions. EPA is not proposing action regarding whether 
Ohio's revisions to OAC 3745-18-49 and related material satisfy 
nonattainment planning requirements for the Lake County nonattainment 
area. EPA intends to address whether Ohio has satisfied the 
nonattainment planning requirements for the Lake County nonattainment 
area in a separate action.
2. Muskingum River Area (Morgan and Washington Counties)
    The rules relevant to the Muskingum River nonattainment area 
include OAC 3745-18-64 (Morgan County), OAC 3745-18-90 (Washington 
County) and OAC 3745-18-03(C)(3)(tt). The previously approved rules OAC 
3745-18-64(B) and OAC 3745-18-90(B) contained identical SO2 
emission limits for the Muskingum River power plant, located near 
Waterford, Ohio (the Muskingum River plant). The boilers at the 
Muskingum River plant were permanently shut down as of July 14, 2015, 
leaving no emission units at the Muskingum River plant which are 
subject to OAC 3745-18-64(B) or OAC 3745-18-90(B). These units have 
been removed from the facility's permit. The shut-down units may not 
restart unless the facility applies for and receives a new permit. 
Therefore, Ohio has removed the entries for the Muskingum River plant 
from OAC 3745-18-64(B) and OAC 3745-18-90(B). Ohio retained and 
renumbered paragraph OAC 3745-18-03(C)(3)(tt) for the Muskingum River 
plant and updated the facility's name to Muskingum River Development, 
LLC. OAC 3745-18-03(C)(3)(tt) requires any remaining SO2 
emission units at the facility to comply with the limits specified in 
OAC 3745-18-90, which, as revised, contains only the Washington County 
general SO2 limit for coal-fired steam generating units at 
OAC 3745-18-90(A). Because the Muskingum River plant has permanently 
retired its large boilers and has thus significantly reduced its 
SO2 emissions, and because the Muskingum River plant no 
longer holds a permit to restart the boilers, EPA proposes to find that 
the removal from the SIP of the Muskingum River plant's boiler emission 
limits is permissible under CAA section 110(l). EPA is proposing to 
approve the rule revisions applicable to the Muskingum River plant 
because they update Ohio's SO2 SIP by removing obsolete 
emission limits while complying with CAA section 110(l). EPA is not 
proposing action regarding whether Ohio's revisions to OAC 3745-18-
64(B), OAC 3745-18-90(B) and related material satisfy nonattainment 
planning requirements for the Muskingum River nonattainment area. EPA 
intends to address whether Ohio has satisfied the nonattainment 
planning requirements in a subsequent action.
3. Steubenville Area (Jefferson County)
    The new and revised rules relevant to the Steubenville OH-WV 
interstate nonattainment area include the new paragraphs at OAC 3745-
18-03(B)(9) and OAC 3745-18-03(C)(11), the revised emission limits in 
OAC 3745-18-47, and the removal of OAC 3745-18-04(D)(4). Ohio addressed 
three Jefferson County sources for the Steubenville nonattainment area: 
The Cardinal Power Plant in Brilliant, Ohio (the Cardinal plant), the 
Mingo Junction Steel Works, LLC facility in Mingo Junction, Ohio (Mingo 
Junction Steel Works), and the Mingo Junction Energy Center, LLC 
facility in Mingo Junction, Ohio, (Mingo Junction Energy Center). Ohio 
revised OAC 3745-18-47(D) for the Cardinal plant to limit each of units 
1 and 2 to 1.065 pounds of SO2 per million British Thermal 
Units (lb/MMBtu) actual heat input. These limits, which reflect current 
permit conditions for the Cardinal plant, represent an SO2 
emission reduction from the previously approved limits for the Cardinal 
plant, which had allowed 7.08 lb/MMBtu at units 1 and 2. Ohio also 
revised the emission limit for the Cardinal plant's unit 3 to 0.66 lb/
MMBtu actual heat input and moved the listing to OAC 3745-18-47(D). 
Unit 3 had previously

[[Page 40726]]

been listed under OAC 3745-18-47(O) as a unit operated by Buckeye 
Power, Incorporated, with a limit of 2.0 lb/MMBtu. EPA is proposing to 
approve these rule revisions because they update the Ohio 
SO2 SIP and strengthen it by reducing allowable 
SO2 emissions.
    For Mingo Junction Steel Works, which was formerly listed in OAC 
3745-18-47(G) as Wheeling-Pittsburgh Steel, Steubenville South Plant, 
Ohio has removed the obsolete emission limits in OAC 3745-18-47(G)(1) 
for Boilers 1 through 12 and the obsolete emission limits in OAC 3745-
18-47(G)(2) for the forty-four-inch soaking pits combusting coke oven 
gas. The boilers have shut down and the Mingo Junction Steel Works no 
longer receives or uses coke oven gas as fuel; it now uses natural gas. 
Ohio added limits of 1.0 lb/hr for the facility's reheat furnaces 2 to 
4 at OAC 3745-18-47(G)(3), a limit of 105.0 lb/hr for the electric arc 
furnace number 1 at OAC 3745-18-47(G)(4), and a limit of 14.0 lb/hr for 
the ladle metallurgical furnace to the electric arc furnace at OAC 
3745-18-47(G)(5). EPA is proposing to approve these rule revisions 
because they update the Ohio SO2 SIP to reflect the current 
facility name and operations at Mingo Junction Steel Works. EPA is also 
proposing to approve OAC 3745-18-47(G) because it strengthens the SIP 
by reducing allowable emissions.
    For the Mingo Junction Energy Center, the state has added OAC 3745-
18-47(P) which limits units 1 to 4 to 0.0028 lb/MMBtu actual heat input 
each. This limit reflects a fuel change from coke oven gas to natural 
gas. EPA is proposing to approve this rule revision because it 
strengthens the Ohio SO2 SIP by reducing allowable 
emissions.
    Ohio added OAC 3745-18-03(B)(9) to require Mingo Junction Steel 
Works and the Mingo Junction Energy Center to apply for a permit or 
permit modification to provide for compliance with their site-specific 
SO2 emission limits. (Cardinal's revised limits are already 
in its permit.) Ohio added OAC 3745-18-03(C)(11) to require compliance 
with the revised site-specific rules for the Cardinal plant, Mingo 
Junction Steel Works and the Mingo Junction Energy Center by January 1, 
2017. This compliance date reflects the recommendations of EPA's 
nonattainment SIP guidance.
    Ohio removed OAC 3745-18-04(D)(4), which gave a specific compliance 
test method for the Cardinal plant. The provision is no longer 
considered necessary due to the Cardinal plant's current limits, 
operations, and emission controls. The Cardinal plant is subject to the 
federally approved compliance test requirements in OAC 3745-18-04(D). 
Under its current operating permit, the Cardinal plant uses CEMS to 
determine compliance with its permitted emission limits.
    EPA is proposing to approve the revised rules for the Cardinal 
plant, Mingo Junction Steel Works and the Mingo Junction Energy Center 
as measures which update the state's SO2 SIP and strengthen 
the SIP by reducing allowable emissions. EPA is not proposing action 
regarding whether Ohio's revisions to OAC 3745-18 for the Cardinal 
plant, Mingo Junction Steel Works and the Mingo Junction Energy Center, 
and related material, satisfy nonattainment planning requirements for 
the Steubenville OH-WV interstate nonattainment area. EPA intends to 
address whether Ohio has satisfied the nonattainment planning 
requirements for the Steubenville WV-OH nonattainment area in a 
subsequent action.

D. County-Specific Issues

1. Cuyahoga County
    Ohio revised OAC 3745-18-24(V) regarding the Medical Center 
Company, located in Cleveland, to update the facility's operating unit 
names and to remove emission limits for units which have not been 
present at the facility since 2002. The Medical Center Company has 
recently replaced two boilers, 1N and 2N, with three new units having 
lower SO2 emissions. Ohio placed new requirements in a 2015 
federally enforceable permit-to-install for the Medical Center Company, 
stating that the old boilers must be permanently retired by January 13, 
2017. See final permit-to-install number P0118541. Ohio relied on the 
emission reductions from this boiler replacement during the designation 
process for the 2010 SO2 NAAQS. However, the Cuyahoga County 
rule at OAC 3745-18-24, as adopted February 6, 2017, and submitted to 
EPA on March 13, 2017, retained the Medical Center Company's previously 
approved emission limit of 4.6 lb/MMBtu for each of the old boilers. 
Although the rule retained the previously approved limit, the 
facility's boiler closure requirement and the lower SO2 
emission limits applicable to its new units are federally enforceable 
in the facility's permit. EPA is proposing to approve the revised OAC 
3745-18-24(V) as an update to the SIP, since this action would retain 
EPA's authority to enforce both limits.
    Likewise, the emission limits for Cleveland Thermal, LLC, at OAC 
3745-18-24(G) and OAC 3745-18-24(H), have been updated to revise the 
facility's name, address, and premise number, and to remove emission 
limits for units which shut down prior to 2002. The updated rules still 
contain limits for several units, B101, B102, B104, B001, B002, B003, 
B005, and B006, which Cleveland Thermal, LLC, was to retire or convert 
to auxiliary status by January 2017, in accordance with a consent 
decree. The consent decree is in force and Cleveland Thermal, LLC's 
federally enforceable permit no longer includes these units. EPA is 
proposing to approve the revised OAC 3745-18-24(G) and OAC 3745-18-
24(H) as an update to the SIP, since this action would retain EPA's 
authority to enforce both limits.
    The remainder of the Cuyahoga County rule has been revised to 
update facility names and locations and to remove emission limits for 
facilities which were no longer operating and for units which no longer 
operate at existing facilities. EPA is proposing to approve OAC 3745-
18-24.
2. Lorain County
    Ohio revised the Lorain County rule at OAC 3745-18-53(B) for the 
Avon Lake Power Plant (the Avon Lake plant) in Lorain County, to update 
facility identification and remove emission limits for units which were 
shut down between 1981 and 1997. In November 2016, Ohio placed new 
SO2 emission limits for the Avon Lake plant in a federally 
enforceable operating permit. The new limits, which were effective as 
of January 13, 2017, provided a combined emission limit of 1.59 lb/
MMBtu for Boilers 10 and 12 on a 30-day average basis. See permit-to-
install number P0121748. Ohio relied on these limits, which reduced the 
Avon Lake plant's allowable SO2 emissions, during the 
designation process for the 2010 SO2 NAAQS. However, the 
Lorain County rule, as adopted February 6, 2017, and submitted to EPA 
on March 13, 2017, retained the Avon Lake plant's previously approved 
emission limit of 4.65 lb/MMBtu for Boilers 10 and 12 each. Although 
the revised rule retained the previous, higher emission limit, the 
tighter SO2 emission limits within the Avon Lake plant's 
operating permit are federally enforceable. EPA is proposing to approve 
OAC 3745-18-53(B), since this action would retain EPA's authority to 
enforce both limits.
    Ohio added paragraph OAC 3745-18-53(G) for U.S. Steel Seamless 
Tubular Operations, LLC--Lorain. This paragraph covers an emissions 
unit which was previously listed under OAC 3745-18-53(D), but has been 
transferred to a new location and a new owner within the city of 
Lorain, Ohio. The unit

[[Page 40727]]

retains its previously approved emission limits of 1.98 lb/MMBtu and 
178 lb/hr.
    The remainder of the Lorain County rule has been revised to update 
facility names and locations, and to remove emission limits for 
facilities which were no longer operating and for units which no longer 
operate at existing facilities. EPA is proposing to approve OAC 3745-
18-53.
3. Ross County
    Ohio revised the Ross County rule at OAC 3745-18-77(B) for the P. 
H. Glatfelter Company-Chillicothe Facility (Glatfelter) in Ross County, 
to update facility identification and remove emission limits for units 
which have been shut down for many years. In 2016, Ohio placed a new 
facility-wide SO2 emission limit of 1,800 tons per year, 
effective January 13, 2017, in a federally enforceable permit for 
Glatfelter. See permit-to-install number P0118906. This limit reduced 
Glatfelter's allowable SO2 emissions, and Ohio relied on 
this limit during the designation process for the 2010 SO2 
NAAQS. However, the Ross County rule, as adopted February 6, 2017, and 
submitted to EPA on March 13, 2017, retained Glatfelter's previously 
approved emission limit of 9.9 lb/MMBtu for Boilers 7 and 8 each. 
Although the rule retains the higher emission limit for Boilers 7 and 
8, the tighter SO2 emission limit in Glatfelter's permit is 
federally enforceable. EPA is proposing to approve OAC 3745-18-77(B) as 
an update to the SIP, since this action would retain EPA's authority to 
enforce both limits.
    The remainder of the Ross County rule has been revised to remove 
emission limits for facilities which were no longer operating and for 
units which no longer operate at existing facilities. EPA is proposing 
to approve OAC 3745-18-77.
4. Wayne County
    In 2016, Ohio placed a new facility-wide SO2 emission 
limit of 1,475 tons per year, effective January 13, 2017, in a 
federally enforceable operating permit for the Department of Public 
Utilities, City of Orrville, Ohio facility (the Orrville plant) in 
Wayne County. See permit number P0120280. Ohio relied on this limit, 
which reduced the Orrville plant's allowable SO2 emissions, 
during the designation process for the 2010 SO2 NAAQS. The 
Wayne County rule at OAC 3745-18-91, as adopted February 6, 2017, and 
submitted to EPA on March 13, 2017, updated the Orrville plant's 
facility identification but retained the Orrville plant's previously 
approved emission limit of 7.0 lb/MMBtu for Boilers 10 to 13 each (OAC 
3745-18-91(E)). Since the Orrville plant's tighter SO2 
emission limit in its permit is federally enforceable, EPA is proposing 
to approve OAC 3745-18-91(E) as an update to the SIP, since this action 
would retain EPA's authority to enforce both limits.
    In 2015, Ohio revised the federally enforceable permit for Morton 
Salt, Inc., in Rittman, Ohio, to reflect the facility's replacement of 
two boilers with new units with lower SO2 emissions. See 
permit number P0120758. Ohio relied on this boiler replacement and the 
resulting reduction in allowable SO2 emissions during the 
designation process for the 2010 SO2 NAAQS. The Wayne County 
rule at OAC 3745-18-91, as adopted February 6, 2017, and submitted to 
EPA on March 13, 2017, updated Morton Salt, Inc.'s facility 
identification but retained the facility's previously approved emission 
limit of 7.0 lb/MMBtu for Boilers 1 and 2 each (OAC 3745-18-91(F)). 
Since Morton Salt, Inc. has replaced its old boilers, and has federally 
enforceable SO2 emission limits for its new units in its 
permit, EPA is proposing to approve OAC 3745-18-91(F) as an update to 
the SIP, since this action would retain EPA's authority to enforce both 
limits.
    The remainder of the Wayne County rule has been revised to remove 
emission limits for facilities which were no longer operating and for 
units which no longer operate at existing facilities. EPA is proposing 
to approve OAC 3745-18-91.

E. Removal of Rescinded Rule

    On September 17, 2009, Ohio submitted revisions to its SIP, and 
requested that EPA remove OAC 3745-18-02, ``Ambient air quality 
standards; sulfur dioxide,'' from the SIP, because Ohio had rescinded 
OAC 3745-18-02 and moved its contents to a new rule, OAC 3745-25-02, 
``Ambient air quality standards,'' effective April 18, 2009. This rule 
defined and listed the primary and secondary SO2 standards 
(prior to the 2010 SO2 NAAQS) and required ambient air 
quality sampling using the EPA Reference Method or an equivalent 
method. In accordance with Ohio's September 17, 2009, SIP revision 
request, EPA approved OAC 3745-25-02 into Ohio's SIP on October 26, 
2010 (75 FR 65572), but EPA did not remove OAC 3745-18-02 from the SIP. 
Ohio's rule OAC 3745-25-02(B), effective on April 18, 2009, contained 
substantially identical rule language to the existing SIP version of 
OAC 3745-18-02 which was effective on January 23, 2006. As the rule 
language which was previously approved as OAC 3745-18-02 can now be 
found within Ohio's federally approved SIP at OAC 3745-25-02(B), the 
removal of rule OAC 3745-18-02 from the SIP is permissible under 
section 110(l) of the CAA. Therefore, EPA proposes to remove OAC 3745-
18-02 from Ohio's SIP.

III. What action is EPA taking?

    EPA is proposing to approve Ohio's March 13, 2017 submittal of OAC 
3745-18-01; OAC 3745-18-03; OAC 3745-18-04 [with the exception of OAC 
3745-18-04(D)(2), (D)(3), (D)(5), (D)(6), and (D)(9)(c), and OAC 3745-
18-04(E)(2), (E)(3) and (E)(4)]; OAC 3745-18-05; and OAC 3745-18-07 
through OAC 3745-18-94; as effective on February 16, 2017. EPA proposes 
to find that these regulations update and strengthen the Ohio 
SO2 SIP. EPA proposes to take no action on OAC 3745-18-
04(D)(2), (D)(3), (D)(5), (D)(6), and (D)(9)(c), and OAC 3745-18-
04(E)(2), (E)(3) and (E)(4). EPA proposes to remove OAC 3745-18-02 from 
the Ohio SO2 SIP.

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 rules OAC 3745-18-01; OAC 3745-18-03; OAC 3745-18-04 
[with the exception of OAC 3745-18-04(D)(2), (D)(3), (D)(5), (D)(6), 
and (D)(9)(c), and OAC 3745-18-04(E)(2), (E)(3) and (E)(4)]; OAC 3745-
18-05; and OAC 3745-18-07 through OAC 3745-18-94, as effective on 
February 16, 2017. EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov, 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. 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

[[Page 40728]]

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).
    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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: August 2, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-17587 Filed 8-15-18; 8:45 am]
 BILLING CODE 6560-50-P


