Oh

' "

;ilO Environmental

Protection Agency

John R, I<asich, Governor

Mary Taylor, Lt. Governor

Scott J. Nally, Director

.Certified Mail

Ms. Susan Hedman

Regional Administrator

U.S. EPA Region 5

77 W. Jackson Blvd.

Chicago, IL 60604

Re: Ohio Lead (Pb) Infrastructure SIP

Dear Administrator 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 11 0(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air

Quality Standards (NMQS)" (draft as of 6/17/11).

The State Implementation Plan (SIP) elements listed below are required under

Section 11 0(a)(1) and (2). Section 11 0(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" of a 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 the Agency's ability to fulfill 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 it would 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 by the state to meet other CM requirements.

50 West Town Street, Suite 700

P.O. Box 1049

Columbus, OH 43216-1049

614 I 644 3020

614 I 6443184 (fax)

www.epa.ohio.gov
Ms. Susan Hedman

Re: Ohio Infrastructure SIP

Page 2 of 9

Comment: Ohio EPA continues to devote staff to implement needed revisions to

the SIP. Ohio Revised Code 3704.03 provides the Director with the authority to

develop rules and regulations necessary to meet ambient air quality standards.

Ohio EPA continues to follow and develop federal and state emission reductions

measures to meet CM requirements, such as the maintenance of the 2008 Pb

NMQS. Pb emissions are directly regulated through Ohio Administrative Code

(OAC) Chapter 3745-71. In addition, the control of particulate emissions, which

aids in the control of Pb emissions, is regulated under OAC Chapter 3745-17.

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.EPA upon 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

new NCore sites began sampling in early 2011 ..

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 of airborne 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 network is also depicted in Appendix 3.

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

changes to Ohio's monitoring network.

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Ms. Susan Hedman

Re: Ohio infrastructure SiP

Page 3 of 9

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

for enforcement of all SIP measures and the regulation of construction of new or

modified stationary sources to meet Prevention of Significant Deterioration (PSD)

and nonattainment new source review (NSR) requirements (collectively referred

to as the major NSR program).

Comment: Ohio EPA continues to devote staff to implement a vigorous

enforcement program. Appendix 2, entitled "Summary of the 2009 Enforcement

Activities," demonstrates Ohio EPA's continued commitment to ensuring

compliance of Ohio entities.

Ohio Revised Code 3704.03 provides the Director with the authority to 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 of 40 CFR 51.165, 51.166, 52.21, 52.24, and Part 51, Appendix S.

Ohio's NSR program requirements ensure that the 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 EPA will 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 is also subject to the 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 or other

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 significant deterioration of air quality, or to protect visibility in

another state. U.S.EPA has already developed programs that address Section

11 0(a)(2)(D) for many of the NAAQS (such as the Cross State Air Pollution Rule

(CSAPR)and the Regional Haze rule). Ohio EPA continues to work with U.S.

EPA in developing SIPs to meet this requirement for purposes of the visibility, 8-

hour ozone and PM2.5 NAAQS.

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Ms. Susan Hedman

Re: Ohio Infrastructure SIP

Page 4 of 9

U.S.EPA's guidance affirms that the physical properties of Pb prevent Pb

emissions from experiencing the same travel or formation 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 significantly to nonattainment in, or interfere with maintenance by, any

other state.

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

address visibility under Subsection (2)(0)(i)(II).

Comment: Ohio EPA has adopted and implemented the various major programs

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 - Budget Trading Program), and 3745-109 (Clean Air Interstate

Rule) all address Congressional and U.S.EPA concerns over the transport of

emissions of regulated pollutants beyond our State borders. OAC Chapter 3745-

109 is still effective until the end of 2011. In 2012, Ohio EPA will implement the

new CSAPR. Ohio has also responded to requests by the States of Indiana and

West Virginia to implement revisions to OAC Chapter 3745-18 (Hamilton County

and Jefferson County) to alleviate modeled violations due, in part, to sources in

Ohio. Additionally, all new major sources and major modifications in the state are

subject to 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

Plant are in close proximity to the Ohio border, modeling conducted as part of the

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 significantly to nonattainment, or interfere with

maintenance, of the NAAQS in another state, or interfere with measures required

to prevent significant deterioration of air quality.

Section 110(a)(2)(D)(ii): Interstate and international transport provisions -

Section 11 0(a)(2)(0)(ii) requires infrastructure SIPs to include provisions insuring

compliance with the applicable requirements that involve Pb emissions relating to

interstate and international pollution abatement. Specifically, to include

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Ms. Susan Hedman

Re: Ohio infrastructure SIP

Page 5 of 9

provIsions reqUiring a new or modified source to notify neighboring states of

potential impacts from the source.

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

modifications to major source 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

law to carry 0l!t its SIP and related issues.

Comment: Appendix 4 is the Ohio EPA Division of Air Pollution 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 a future lack or decrease in its

resources (funding, personnel and/or legal authority) for future implementations.

Under Chapter ORC 3704.03 (http://codes.ohio.gov/orc/3704) Ohio EPA has the

legal authority to carry out the 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 applicable to Pb.

Comment: Ohio EPA Rule 3745-71-03 addresses methods of ambient air

measurements for Pb (http://www.epa.ohio.gov/portals/27/regs/3745-71/3745-71-

03_Final.pdf. OAC Chapter 3745-15 provides for general provisions that 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

requirements for recordkeeping by sources.

The 1990 federal CM established new permitting and reporting requirements for

air polluting facilities Under Title V of the CM amendments, facilities that have

the potential to emit certain amounts of air pollution are required to apply for and

obtain a state-federal operating permit and pay emission fees. In Ohio, facilities

are required to file on April 15th of each year. The Fee Emissions Report (FER)

requirements are outlined in ORC 3745.11 (http://codes.ohio.gov/orc/3745.11)

5
Ms. Susan Hedman

Re: Ohio Infrastructure SIP

Page 6 of 9

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 authority to under OAC 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

pursuant to 40CFR 51.321. Beginning with calendar year 2006 inventory, all Title

V facilities 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,

PMwFIL and PMz.s-FIL.

Ohio EPA District Offices and local air agencies 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 for various 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 report for the Ohio

facilities is included in Appendix 5.

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

implement the emergency episode provisions in their SIPs.

Comment: OAC Chapter 3745-25 addresses the requirement to implement

emergency action plans in the event of an Air Quality Alert (or higher). Such an

event has not occurred 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 of August 21, 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 exist whenever the director determines that the

accumulation of air contaminants in any place is attaining or has attained levels

which could, if such levels are sustained or exceeded, Pb to a substantial 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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Ms. Susan Hedman

Re: Ohio Infrastructure SIP

Page 7 of 9

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 EPA finding that a SIP is SUbstantially inadequate.

Comment: Ohio Revised Code 3704.03 provides the Director with the authority

to develop rules and regulations necessary to meet ambient air quality standards.

Ohio EPA continues to make every possible effort to meet all SIP deadlines.

Section 11O(a)(2)(l): Nonattainment area plan or plan 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 D of this subchapter.

Comment: As noted in the introduction text of the infrastructure SIP guidance

document, EPA would not expect infrastructure SIP submissions to address

subsection 11 0(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

pursuant to Section 121. It also requires states to notify the 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 of part 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 party lists for announcements of draft and proposed rule packages and

NSR permits. Ohio EPA works with interested FLMs regarding proposed major

new sources 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 the AIRNOW forecast program.

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Ms. Susan Hedman

Re: Ohio Infrastructure SIP

Page 8 of 9

Ohio EPA prepares an annual report detailing data from the complete network

(2009 Air Quality Report: Appendix 6).

Ohio EPA is addressing both the long term requirements to meet natural visibiiity

levels by 2064 as part of the Regional Haze program and the ongoing review of

new major sources under Ohio's approved PSD new source review program.

Ohio EPA submitted a revised Regional Haze SIP on March 11, 2011.

Section 11 O(a)(2)(K): Air quality 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 of such data

to EPA upon request.

Comment: Ohio EPA reviews the potential impact of major and some minor new

sources, consistent with Appendix W of 40 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 development by local political subdivisions affected by the SIP.

Comment: Ohio EPA follows approved procedures for public notification and

participation, consistent with OAC Chapter 3745-47, which is an approved

portion of our SIP.

Enclosed with this letter you will also find the results of the public hearing and

comment process for the State of Ohio request for approval of this Infrastructure

SIP. The pUblic hearing for this package was held on October 11, 2011 in

Columbus, Ohio. No oral or written comments were received.

I ask that EPA complete the review of this package and take final action on the

Infrastructure SIP approval request for the State of Ohio. 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. If you

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Ms. Susan Hedman

Re: Ohio Infrastructure SIP

Page 9 of 9

have any questions, please feel free to contact Jennifer Hunter of the Division of

Air Pollution Control (614-644-3696).

Sincerely,

<:tt~ Director

xc: Cheryl L. Newton, EPA Region 5

Jennifer Hunter, Ohio EPA, DAPC

Enclosures

9