# Oh ' " ;ilO Environmental ProtectionAgency JohnR, I<asich, Governor MaryTaylor, Lt. Governor ScottJ. Nally, Director

.Certified Mail Ms. Susan Hedman Regional Administrator U.S. EPA Region 5 77W. Jackson Blvd. Chicago, IL60604
Re: Ohio Lead (Pb) Infrastructure SIP
DearAdministrator Hedman: 

# OCT 12 2011

I am writing to confirm that the State of Ohio continues to retain the resources necessary to evaluate ambient air quality, develop plans to attain new and existing ambient air quality standards, run a complete new source review program, and effectively enforce all applicable requirements. As outlined below, Ohio EPA can implement and satisfactorily complete the Section 110 requirements for all current and any future National Ambient Air Quality Standards (NMQS). Specifically, the State of Ohio is submitting this documentation in accordance with the "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air QualityStandards (NMQS)" (draftas of6/17/11).
The State Implementation Plan (SIP) elements listed below are required under Section 110(a)(1) and (2). Section 110(a)(1) prOVides the procedural and timing requirements for SIPs. Section 110(a)(2) lists the elements and sub-elements required in a complete and approvableSIP. Many of the Section 110(a)(2) SIP elements relate to the general information and authorities that constitute the "infrastructure" ofa state's air quality program; hence these SIPs are referred to as infrastructure SIPs. Following each element below is**DnTo-EP-A'S-dlscussi~­** regarding theAgency's abilitytofulfill the requirement. Section 110(a)(2)(A): Emission limits and other control measures - Section 110(a)(2)(A) requires infrastructure SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. U.S. EPA notes itwould not expect infrastructure SIP submissions to identify nonattainment emission controls. Nonattainment area plans are subject to the timing requirements of Section 172. However the infrastructure SIP should identify all Pb emission reduction measures adopted and relied on bythe stateto meetotherCM requirements.

50WestTownStreet, Suite700 P.O. Box 1049 Columbus, OH43216-1049 614 I 6443020 614I 6443184 (fax) www.epa.ohio.govMs. Susan Hedman Re: Ohio Infrastructure SIP Page2 of9

Comment: OhioEPAcontinues to devote staffto implement needed revisions to the SIP. Ohio Revised Code 3704.03 provides the Directorwith the authorityto develop rulesand regulations necessaryto meetambientairqualitystandards. Ohio EPA continues tofollow and developfederal and state emission reductions measures to meet CM requirements, such as the maintenance ofthe 2008 Pb NMQS. Pb emissions are directly regulated through Ohio Administrative Code (OAC) Chapter3745-71. In addition, the control of particulate emissions, which aids in the control ofPb emissions, is regulated underOACChapter3745-17.
Section 110(a)(2)(B): Ambient air quality monitoring data system

- Section 110(a)(2)(8) requires infrastructure SIPs to include provisions to provide for establishment and operation of (i) ambient air quality monitors, collecting and analyzing ambient air quality data, and (iI) making these data available to U.S.EPAupon request. Comment: In accordance with our SIP, Ohio EPA continues to operate one of the largest monitoring networks in the nation. Appendix 1, contains two documents, the first one entitled "Ohio Air Monitoring Network 2011-2012," and the second one entitled "Ohio Lead Air Monitoring Network 2011-2012", both documents summarize the current plans for continued ambient monitoring as agreed to during the most recent review of the U.S. EPA Region 5 monitoring network.
As a result of revisions of the Pb monitoring network requirements under U.S. EPA's 2008 Pb standard, Ohio EPA, district offices, and contractual agencies implemented a new Pb monitoring network that included seventeen sites. Fourteen of these sites were already contained within Ohio's Pb monitoring network and four additional facility specific sites were established in 2010 in accordance with U.S. EPA's revised monitoring requirements. In addition, four newNCoresites began sampling in early2011

.. On December 27, 2010, U.S.EPA prdmulgated a second change to the Pb monitoring requirements (75 FR 81126). U.S.EPA determined an additional need for facilities with emissions over 0.5 ton per year (tpy) to be modeled for possible impacts ofairborne Pb. Ohio EPA has modeled facilities with emissions exceeding 0.5 tpy of Pb and submitted waivers in accordance with the new requirements. The results of the modeling at three facilities in Ohio are specifically discussed in the Revised Lead Monitoring Network 2011-2012 (Appendix 1). Ohio's Pb monitoring networkis also depicted inAppendix3. Ohio EPA submits all data to U.S. EPA's Air Quality System (AQS) in a timely manner and routinely works with U.S. EPA Region 5 regarding any planned changesto Ohio's monitoring network.



### 2Ms. Susan Hedman Re: Ohio infrastructure SiP Page 3of9

Section 110(a)(2)(C): Program for enforcement of control measures, PSD, and NSR • Section 110(a)(2)(C) requires states to include a program providing forenforcement ofall SIP measures and the regulation ofconstruction of newor modified stationarysourcesto meet Prevention ofSignificant Deterioration (PSD) and nonattainment new source review (NSR) requirements (collectively referred toasthe majorNSR program). Comment: Ohio EPA continues to devote staff to implement a vigorous enforcement program. Appendix 2, entitled "Summary ofthe 2009 Enforcement Activities," demonstrates Ohio EPA's continued commitment to ensuring compliance ofOhio entities. Ohio Revised Code 3704.03 provides the Directorwith the authorityto continue to implement Ohio's NSR program. Ohio's SIP approved NSR provisions are contained within OAC Chapter 3745-31. OAC Chapter 3745-31 meets the requirements of40 CFR 51.165, 51.166, 52.21, 52.24, and Part51, AppendixS. Ohio's NSR program requirements ensure thatthe construction and modification of major stationary sources do not cause or contribute to a violation of the Pb NAAQS. Moreover, it ensures that new or modified sources will apply Best Available Control Technology, when applicable, to reduce Pb emissions. Lastly, Ohio EPAwill continue to revise its NSR regulations to address any applicable U.S.EPA amendments to their rules within 3 years from the date of such amendments. Ohio's NSR program also addresses requirements established in accordance with U.S.EPA's GHG Tailoring. Rule provisions. These provisions are addressed within OAC Rule 3745-31-34. OAC Rule 3745-31-34 became effective March 21, 2011. Ohio EPA submitted OAC rule 3745-31-34 for U.S.EPA's approval into Ohio's SIP and is waiting for a federal action. While waiting for the federal approval, Ohio isalsosubjecttothe GHG PSD SIP Narrowing Rule. Section 110(a)(2)(0): Interstate transport provisions • Section 110(a)(2)(D) requires infrastructure SIPs to include provisions prohibiting any source orother type of emissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance, of the National Ambient Air Quality Standards (NAAQS) in another state; or from interfering with measures required to prevent significantdeterioration ofair quality, orto protectvisibility in another state. U.S.EPA has already developed programs that address Section 110(a)(2)(D)for manyofthe NAAQS (such as the Cross StateAir Pollution Rule (CSAPR)and the Regional Haze rule). Ohio EPA continues to work with U.S. EPA in developing SIPsto meetthis requirementfor purposes ofthe visibility, 8- hourozone and PM2.5 NAAQS.



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U.S.EPA's guidance affirms that the physical properties of Pb prevent Pb emissionsfrom experiencing the sametravel orformation phenomena as PM2.5 or ozone. Pb concentrations sharply decrease with the distance from a Pb source. Only large sources in close proximity to state boundaries could contribute significantlyto nonattainment in, orinterfere with maintenance by, any otherstate.
In addition, U.S.EPA's guidance clarifies that Pb is not directly regulated under Sections 169(A) and (B) (visibility program). Because all the areas are currently subject to the Regional Haze program which addresses visibility-impairing pollutants, at this time U.S.EPA would not expect infrastructure SIPs for Pb to addressvisibilityunderSubsection (2)(0)(i)(II).
Comment: Ohio EPAhas adopted and implemented the various majorprograms related to the interstate transport of pollution. OAC Chapters 3745-16 (Stack Height Requirements), 3745-103 (Acid Rain Permits and Compliance), 3745-14 (Nitrogen Oxides

- BudgetTrading Program), and 3745-109 (Clean Air Interstate Rule) all address Congressional and U.S.EPA concerns over the transport of emissions ofregulated pollutants beyond ourState borders. OAC Chapter3745- 109 is still effective until the end of2011. In 2012, Ohio EPAwill implementthe new CSAPR. Ohio has also responded to requests bythe States of Indiana and WestVirginia to implement revisions to OAC Chapter3745-18 (Hamilton County and Jefferson County) to alleviate modeled violations due, in part, to sources in Ohio. Additionally, all newmajorsources and majormodifications in the state are subjectto PSD and NNSR program to help achieve 2008 Pb NAAQS.
The State of Ohio has three partial Pb nonattainment areas (see pages 19 through 48 of the "Ohio's 2008 Revised Lead Standard Recommended Designations and Nonattainment Boundaries" document at www.epa.ohio.gov/portals/27/SIP/documenULead Doc Final Nonatt.pdf.· These areas are not in close proximity to Ohio's border. In addition, there are no significant Pb sources located in close proximity Ohio's border (See Map in Appendix 3). Although Severstal Warren and General James M. Gavin Power Plantare in close proximitytothe Ohio border, modeling conducted as partofthe monitoring network indicated these sources are not significant Pb sources and emissions of Pb were low enough to submit a waiver from monitoring requirements (see Appendix 1). As showed in the Table in Appendix 3, Pb sources in Ohio do not contribute significantlyto nonattainment, or interfere with maintenance, ofthe NAAQS in anotherstate, orinterferewith measures required to preventsignificantdeterioration ofairquality.
Section 110(a)(2)(D)(ii): Interstate and international transport provisions - Section 110(a)(2)(0)(ii) requires infrastructure SIPsto include provisions insuring compliancewith the applicable requirementsthatinvolve Pb emissions relating to interstate and international pollution abatement. Specifically, to include 

### 4Ms. Susan Hedman Re: Ohio infrastructure SIP Page 5 of9
provIsions reqUiring a new or modified source to notify neighboring states of potential impactsfrom thesource. Comment: OAC Chapter 3745-31 is consistent with 40 CFR 51.166(q)(2)(iv), regarding notifications and public participation when a new source or modificationsto majorsource occurs. Section 110(a)(2)(E): Adequate resources - Section 110(a)(2)(E) requires states to provide adequate personnel, funding, and legal authority under state lawto carry0l!t its SIP and related issues. Comment: Appendix4 isthe Ohio EPA Division ofAirPollution Control's current funding sources that are used to implement the required SIP programs. These funding sources are provided through Ohio EPA's Biennial Budget approved by Ohio's legislature. Ohio EPA does not anticipate afuture lackordecrease in its resources (funding, personnel and/orlegal authority)forfuture implementations.
UnderChapterORC 3704.03 (http://codes.ohio.gov/orc/3704) Ohio EPA has the legal authorityto carryoutthe SIP and any other programs and requirements as established by the CM. Specifically, Chapter 3704.03(E) (http://codes.ohio.gov/orc/3704.03) gives Ohio EPA the authority to establish environmental programs, procedures, requirements and regulations to enforce the CM Section 110(a)(2)(F): Stationary source monitoring and reporting systemsSection 110(a)(2)(F) requires SIPs to include stationary sources monitoring, emissions reporting, and reporting on the nature and amount of emissions and emissions-related data from such sources. It requires including regulations for source monitoring, recordkeeping, and reporting requirements applicableto Pb. Comment: Ohio EPA Rule 3745-71-03 addresses methods of ambient air measurementsfor Pb (http://www.epa.ohio.gov/portals/27/regs/3745-71/3745-71- 03_Final.pdf. OAC Chapter3745-15 providesforgeneral provisionsthat include sUbmitting of emissions reports and measurement of emissions. (http://www.epa.ohio.gov/dapc/regs/3745 15.aspx). OAC Chapter 3745-77 (www.epa.ohio.gov/dapc/regs/3745 77.aspx) and OAC Chapter 3745-31 (www.epa.ohio.gov/dapc/regs/3745 31.aspx) provide requirementsforrecordkeeping bysources. The 1990federal CM established newpermitting and reporting requirementsfor air polluting facilities UnderTitle V ofthe CM amendments, facilities that have the potential to emit certain amounts ofair pollution are required to applyforand obtain a state-federal operating permit and pay emission fees. In Ohio, facilities are required to file on April 15th ofeach year. The Fee Emissions Report (FER) requirements are outlined in ORC 3745.11 (http://codes.ohio.gov/orc/3745.11) 

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and OAC 3745-78-02 (www.epa.ohio.gov/portals/27/regs/3745-78/3745-78- 02.pdD· Facilities are required to apply for and obtain an air pollution control operating permit, and submit an annual emissions report for estimated actual facility wide emissions of particulate matter (PM), sulf.ur dioxide (SOz), nitrogen dioxides (NOx), organic compounds (OC), and lead (Pb) no later than April 15th for the previous year. Also, Ohio EPA has the authorityto underOAC rule 3745-15-03 (www.epa.ohio.gov/portals/27/regs/3745-15/3745-15-03.pdf) to request and receive the information from regulated entities. An Emission Inventory Summary is provided to EPA to develop an annual criteria and toxic pollutant inventory pursuantto40CFR 51.321. Beginning with calendaryear2006 inventory, all Title Vfacilities are required to file a complete an inventory. Pollutants required to be reported in the EIS are: NOx, VOC, SOz, Lead, OC, CO, NH3, PM-CON, PM-FIL, PMwFILand PMz.s-FIL. Ohio EPA DistrictOffices and local airagencies are currently required to witness 50% of all source emissions testing and review 100% of all emissions tests. Hundreds of emission tests are performed throughout the State each year. In addition, at the present time, 286 sources in the State employ 583 continuous monitoring systems forvarious air pollutants. Ohio EPA oversees the operation and certification of these systems and routinely provides quarterly summary reports to EPA. A quarterly excess emission report summary reportforthe Ohio facilities is included inAppendix5. Section 110(a)(2)(G): Emergency episodes - Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to pUblic health, including contingency plans to implementthe emergencyepisode provisions in theirSIPs.
Comment: OAC Chapter 3745-25 addresses the requirement to implement emergency action plans in the event ofan Air QualityAlert (or higher). Such an event has notoccurred since 1978 and these rules have undergone revision to: 1) make them more relevant and 2) to incorporate revised significant harm levels which EPA will determine are necessary to address the revised ozone and PM 2.5 standards. These rules became effective as ofAugust21, 2009. Specifically, OAC Chapter 3745-25-03(A) determines: "Conditions justifying the proclamation of an air pollution "Alert", air pollution "Warning", or air pollution "Emergency" shall be deemed to existwheneverthe directordeterminesthatthe accumulation of air contaminants in any place is attaining or has attained levels which could, ifsuch levels are sustained orexceeded, Pb to asubstantial threat to the health of persons." Additionally, OAC Chapter 3745-25-05(1 )(a) determines: "Anyone or combination of air contaminants: Any person responsible for the operation of a source of air contamination as set forth in 

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paragraph (A) of rule 3745-25-04 of the Administrative Code shall take all air pollution "Alert" actions as required for such source of air contamination; and shall particularly put into effect, the emission control action programs for an air pollution "Alert"." Section 110(a)(2)(H): Future SIP reVISIons

- Section 11O(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NMOS, availability of improved methods for attaining the NMOS, or in response to an EPAfinding that aSIP is SUbstantially inadequate.
Comment: Ohio Revised Code 3704.03 provides the Directorwith the authority to develop rules and regulations necessaryto meetambient airqualitystandards. Ohio EPA continuesto make every possible effort

### to meetall SIP deadlines. Section 11O(a)(2)(l): Nonattainmentarea plan orplan revision under Part 0 • Section 110(a)(2)(I) requires states in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part Dofthis subchapter. Comment: As noted in the introduction text of the infrastructure SIP guidance document, EPA would not expect infrastructure SIP submissions to address subsection 110(a)(2)(I).
Section 110(a)(2)(J): Consultation with government officials, public notification, PSD and visibility protection- Section 110(a)(2)(J) requires states to provide a process for consultation with local governments and Federal Land Managers (FLMs) canrying out NMOS implementation requirements pursuantto Section 121. Italso requires states to notifythe public if NMOS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. Lastly, requires states to meet the applicable requirements ofpart C related to PSD and visibility protection. Comment: Ohio EPA actively participates in the regional planning efforts that include both the state rule developers as well as representatives from the FLMs and other affected stakeholders. The FLMs are also included in Ohio EPA's interested partylistsforannouncements ofdraftand proposed rule packages and NSR permits. Ohio EPA works with interested FLMs regarding proposed major newsources in Ohio.
Ohio EPA's District Offices and local air agencies monitor air quality daily, and where required, report the daily air quality index to the interested media. In addition, Ohio EPA's remotes access data system (RADS) provides online reports of real time air quality data on the internet and feeds raw information to EPA's AIRNOW program. In addition, several of the local stakeholder groups actively participate in theAIRNOW forecast program. 7Ms. Susan Hedman Re: Ohio Infrastructure SIP Page 8of 9

Ohio EPA prepares an annual report detailing data from the complete network (2009 AirQuality Report: Appendix6).
Ohio EPA is addressing both the long term requirements to meet natural visibiiity levels by 2064 as part ofthe Regional Haze program and the ongoing review of new major sources under Ohio's approved PSD new source review program. Ohio EPAsubmitted a revised Regional Haze SIP on March 11, 2011.
Section 11

### O(a)(2)(K): Airquality modeling/data· Section 11

### O(a)(2)(K) requires that SIPs provide for performing air quality modeling to predict the effects on air quality of emissions from any NMQS pollutant and for submission ofsuch data to EPA upon request. Comment: Ohio EPA reviews the potential impactof majorand some minor new sources, consistent with AppendixW of40 CFR Parts 51 and 52 and Ohio EPA Engineering Guide 69. Modeling data are available upon request by U.S.EPA or other interested parties.
Section 110(a)(2)(L): Permitting fees· Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a penmit.
Comment: Ohio EPA continues to implement the approved Title V permit program, including requiring major sources to pay emissions fees to cover reviewing, processing, and enforcing the penmits.
Section 110(a)(2)(M): Consultation/participation by affected local entities· Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP developmentby local political subdivisions affected bythe SIP.
Comment: Ohio EPA follows approved procedures for public notification and participation, consistent with OAC Chapter 3745-47, which is an approved portion ofourSIP.
Enclosed with this letteryou will also find the results of the public hearing and comment process forthe State of Ohio request for approval ofthis Infrastructure SIP. The pUblic hearing for this package was held on October 11, 2011 in Columbus, Ohio. No oral orwritten comments were received.
I askthat EPA complete the review ofthis package and take final action on the Infrastructure SIP approval requestforthe State ofOhio. I believe that Ohio EPA complies with EPA's guidance in determining that it has the authority to implement its Infrastructure SIP requirements with respect to the NMOS. Ifyou



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have anyquestions, please feel free to contactJennifer Hunterofthe Division of Air Pollution Control (614-644-3696).

Sincerely,

# <:tt~ Director

xc: Cheryl 

### L. Newton, EPA Region 5 Jennifer Hunter, Ohio EPA, DAPC
Enclosures

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