Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules 40723 

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, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: August 1, 2018. 

James Payne, 

Acting Deputy Regional Administrator, 

Region 5. 

[FR Doc. 2018–17590 Filed 8–15–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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the SIP, which Ohio rescinded and 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 

Blakley.pamela@epa.gov. 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, 

portanova.mary@epa.gov. 

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 


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1When 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. 

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 sitespecific 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

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 


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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules 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 sitespecific 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 


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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 sitespecific 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 


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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules 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 facilitywide 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 


sradovich on DSK3GMQ082PROD with PROPOSALS
40728 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2018–0532; FRL–9982– 

27—Region 7] 

Air Plan Approval; State of Iowa; 

Attainment Redesignation for 2008 

Lead NAAQS and Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to take 

action to approve the State of Iowa’s 

request to redesignate portions of 

Pottawattamie County, Council Bluffs, 

Iowa to attainment for the 2008 lead 

(Pb) National Ambient Air Quality 

Standards (NAAQS). EPA’s proposed 

approval of the redesignation request is 

based on the determination that the 

Council Bluffs area has met the criteria 

for redesignation to attainment set forth 

in the Clean Air Act (CAA), including 

the determination that the area has 

attained the standard. Additionally, 

EPA is approving the state’s plan for 

maintaining the 2008 Pb NAAQS in the 

Council Bluffs area for ten years beyond 

redesignation. 

DATES: Comments must be received on 

or before September 17, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2018–0532 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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. The 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, 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: Ms. 

Stephanie Doolan, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, KS 66219 at (913) 

551–7719 or by email at 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What action is EPA proposing to take? 

II. Background for EPA’s Proposed Action 

III. EPA’s Analysis of the State’s Request 

A. Criteria (1)—The Area Has Attained the 

2008 Pb NAAQS 

B. Criteria (2)—The Area Has a Fully 

Approved SIP Under Section 110(k) 

C. Criteria (3)—The Air Quality 

Improvement is Due to Permanent and 

Enforceable Reductions in Emissions 

Resulting From Implementation of the 

Applicable SIP and Applicable Federal 

Air Pollutant Control Regulations and 

Other Permanent and Enforceable 

Reductions 

D. Criteria (4)—the Administrator Has 

Fully Approved a Maintenance Plan for 

the Area as Meeting the Requirements of 

Section 175A 

1. Emissions Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Plan 

E. Criteria (5)—The Area Has Met All 

Applicable Requirements Under Section 

110 and Part D 

IV. Summary of Proposed Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing to 

take? 

EPA is proposing to approve Iowa’s 

request to redesignate the Council Bluffs 

area to attainment for the 2008 Pb 

NAAQS. On September 18, 2017, the 

state submitted a request for 

redesignation that demonstrates NAAQS 

attainment and an associated 

maintenance plan to ensure that the area 

continues to attain the standard. Based 

on its review of the state’s submittal 

which is described in detail in the 

following sections, EPA proposes to 

approve the redesignation request for 

the area and associated maintenance 

plan. 

II. Background for EPA’s Proposed 

Action 

On October 15, 2008, EPA 

promulgated a revision to the Pb 

NAAQS, lowering the standard from 1.5 

micrograms per cubic meter (mg/m3) to 

0.15 mg/m3 (73 FR 66963). The state 

began air monitoring for Pb on 

November 3, 2009, at a source-oriented 

monitor in the Council Bluffs area near 

the Griffin Pipe Products Company, LLC 


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