[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 [www.gpo.gov]
[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 (SO2) 
national ambient air quality standard (NAAQS or standard) for the 
Muskingum River SO2 nonattainment area. This SIP revision 
(hereinafter referred to as Ohio's Muskingum River SO2 
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 SO2 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 https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

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, [email protected]. 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 SO2 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 SO2 
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 SO2 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 SO2 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 SO2 emission 
limits set forth in the previous DFFOs but require additional testing 
within one year of the effective date of

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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 SO2 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 SO2 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 SO2 attainment plan 
for the Muskingum River SO2 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 SO2 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 SO2 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 SO2 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 SO2 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 
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. 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:
     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);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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


