81_FR_47283 81 FR 47144 - Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur Dioxide Nonattainment Area

81 FR 47144 - Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur Dioxide Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47144-47150
FR Document2016-17054

In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to redesignate the Ohio portion of the Campbell-Clermont KY-OH sulfur dioxide (SO<INF>2</INF>) nonattainment area from nonattainment to attainment. The Ohio portion of this area consists of Pierce Township in Clermont County, Ohio. EPA is also proposing to approve Ohio's maintenance plan submitted on August 11, 2015. The primary emission source in the area has permanently closed, and the air quality in the area is now meeting the SO<INF>2</INF> standard.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Proposed Rules]
[Pages 47144-47150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2015-0599; FRL-9949-28-Region 5]


Designation of Areas for Air Quality Planning Purposes; Ohio; 
Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur 
Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is proposing to redesignate the Ohio portion of 
the Campbell-Clermont KY-OH sulfur dioxide (SO2) 
nonattainment area from nonattainment to attainment. The Ohio portion 
of this area consists of Pierce Township in Clermont County, Ohio. EPA 
is also proposing to approve Ohio's maintenance plan submitted on 
August 11, 2015. The primary emission source in the area has 
permanently closed, and the air quality in the area is now meeting the 
SO2 standard.

DATES: Comments must be received on or before August 19, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0599 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. Background
II. Redesignation Requirements
III. Determination of Attainment
IV. Ohio's Section 110(k) SIP
V. Permanent and Enforceable Emission Reductions
VI. Requirements for the Area Under Section 110 and Part D
VII. Maintenance Plan
VIII. What action is EPA taking?
IX. Statutory and Executive Order Reviews

I. Background

    On June 2, 2010 (75 FR 35520, June 22, 2010), EPA established a 
revised primary SO2 national ambient air quality standard 
(NAAQS) of 75 parts per billion (ppb), which is met at a monitoring 
site when the three-year average of the 99th percentile of daily 
maximum one-hour concentrations does not exceed 75 ppb. On August 5, 
2013 (78 FR 47191), EPA published its initial air quality designations 
for the SO2 NAAQS based upon air quality monitoring data for 
calendar years 2009-2011. In that action, the Campbell-Clermont KY-OH 
area was designated nonattainment for the SO2 NAAQS. The 
Campbell-Clermont KY-OH nonattainment area is comprised of Pierce 
Township in Clermont County, Ohio, and five census tracts in Campbell 
County, Kentucky. The Ohio portion of the nonattainment area contains 
the Walter C. Beckjord power plant (Beckjord plant). The Kentucky 
portion of the nonattainment area has less than nine tons of total 
SO2 emissions per year, but it contains the SO2 
monitor which had violated the SO2 standard as of 2011.
    By April 4, 2015, Ohio and Kentucky were required to submit 
nonattainment plan SIPs that meet the requirements of sections 172(c) 
and 191-192 of the CAA, and provide for attainment of the NAAQS as 
expeditiously as practicable, but no later than October 4, 2018. Ohio's 
analysis found the Beckjord plant to be the main contributor to 
SO2 monitored levels in the nonattainment area. In 2011, the 
Beckjord plant had reported 90,835 tons of SO2 emissions. 
However, in late 2014, the Beckjord plant permanently ceased 
operations. Its coal-fired electricity generating units were shut down 
as of September 2014, and its oil-fired units ceased operations by the 
end of 2014. Sulfur dioxide emissions at the Beckjord plant totaled 
32,603 tons in 2014, and zero tons in 2015. Currently, the total point, 
area, and mobile source SO2 emissions in the entire 
Campbell-Clermont KY-OH nonattainment area are approximately 17 tons 
per year (tpy). Because of the significant, permanent and enforceable 
reduction in SO2 emissions affecting the nonattainment area, 
and because the Campbell County SO2 monitor's three-year 
SO2 design value \1\ for 2012-2014 had fallen below the 
SO2 NAAQS, Ohio chose to submit a redesignation request in 
2015, in lieu of a nonattainment SIP. On August 11, 2015, the Ohio 
Environmental Protection Agency (Ohio EPA) submitted its request to EPA 
to redesignate the Ohio portion of the Campbell-Clermont KY-OH 
nonattainment area to attainment. For the reasons set forth in this 
document, EPA is proposing to redesignate the area to attainment.
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    \1\ The design value is a statistic computed according to the 
data handling procedures of the NAAQS (in 40 CFR part 50 appendix T) 
that, by comparison to the level of the NAAQS, indicates whether the 
area is violating the NAAQS. For SO2, the design value is 
the three-year average of the annual 99th percentile of one-hour 
daily maximum concentrations.
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II. Redesignation Requirements

    Under CAA section 107(d)(3)(E), there are five criteria which must 
be met before a nonattainment area may be redesignated to attainment.
    1. EPA has determined that the relevant NAAQS has been attained in 
the area.

[[Page 47145]]

    2. The applicable implementation plan has been fully approved by 
EPA under section 110(k).
    3. EPA has determined that improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from the 
SIP, Federal regulations, and other permanent and enforceable 
reductions.
    4. EPA has fully approved a maintenance plan, including a 
contingency plan, for the area under section 175A of the CAA.
    5. The State has met all applicable requirements for the area under 
section 110 and part D.

III. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the 
standard has been attained in the area. As stated in the April 2014 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions,'' for SO2, there are two components needed to 
support an attainment determination: A review of representative air 
quality monitoring data, and a further analysis, generally requiring 
air quality modeling, to demonstrate that the entire area is attaining 
the applicable standard, based on current actual emissions or the fully 
implemented control strategy. Ohio has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 standard 
is met at an ambient air quality monitoring site when the three-year 
average of the annual 99th percentile of one-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with appendix T of 40 CFR part 50 at all relevant monitoring 
sites in the subject area. EPA has reviewed the ambient air monitoring 
data for the Campbell-Clermont KY-OH nonattainment area. The Campbell-
Clermont KY-OH nonattainment area has one SO2 monitoring 
site, located in northern Campbell County, Kentucky. The Campbell 
County SO2 monitor is operated by the Kentucky Division for 
Air Quality. This review addresses air quality data collected in the 
2012-2014 and 2013-2015 periods, which are the most recent quality-
assured data available. All data considered are complete, quality-
assured, certified, and recorded in EPA's Air Quality System database.
    Table 1 shows the 2012-2014 and 2013-2015 design values for the 
Campbell-Clermont KY-OH nonattainment area. For 2014, the last year in 
which the Beckjord plant was operating, the 99th percentile monitored 
daily maximum value was 61 ppb. For 2015, after the Beckjord plant had 
shut down, the 99th percentile monitored daily maximum value was 18 
ppb. The three-year average design value for 2012-2014 is 72 ppb, and 
the three-year average design value for 2013-2015 is 50 ppb. Both are 
below the SO2 standard. Therefore, the Campbell County 
SO2 monitor clearly shows attainment. Kentucky has committed 
to continue monitoring for SO2 at this location. Preliminary 
data for 2016 indicate that the area is continuing to attain the 
SO2 standard.

                         Table 1--Monitoring Data for the Campbell-Clermont KY-OH Nonattainment Area for 2012-2014 and 2013-2015
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                                                                                       Year and 99th percentile value (ppb)         Average     Average
                     Site                                    County              ------------------------------------------------  2012-2014   2013-2015
                                                                                     2012        2013        2014        2015        (ppb)       (ppb)
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21-037-3002...................................  Campbell, KY....................         85          71          61          18          72          50
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    Regarding the second component of the attainment determination, 
Ohio examined the extent to which the earlier NAAQS violations and 
subsequent improvement in the local monitored SO2 values 
were primarily attributable to the Beckjord plant. Ohio used three 
methods to judge the prospects of future violations following the 
shutdown of the Beckjord plant. In these methods, Ohio evaluated local 
emission inventories, wind patterns during monitored exceedances, and 
monitored data during periods when the Beckjord plant was still active 
but not emitting SO2. EPA proposes to find that these 
analyses meet the April 2014 guidance requirement to comprehensively 
evaluate the impacts of the Beckjord plant's closure on the Campbell-
Clermont area and demonstrate that the entire area is attaining the 
SO2 standard.
    As a first step in this approach, Ohio reviewed the inventory of 
SO2 sources in the area. This inventory shows no large 
SO2 sources in the Kentucky portion of the nonattainment 
area. There are several SO2 sources in the Cincinnati area, 
in Hamilton County, Ohio. The largest of these is Dynegy's Miami Fort 
Power Station (Miami Fort plant), which emitted over 28,000 tons of 
SO2 in 2014. The Miami Fort plant is located 30 kilometers 
(km) west of the Campbell County SO2 monitor. As of June 
2015, the Miami Fort plant reduced its emissions by approximately 50% 
from 2014 levels with the closure of its Unit 6. The next largest 
source, at 1,600 tons of SO2, is the DTE St. Bernard 
facility, which is located 17 km north of the Campbell County 
SO2 monitor. The other SO2 sources in Hamilton 
County emitted less than 200 tons of SO2 in 2014, and are 
located 16-31 km from the Campbell County SO2 monitor. In 
Clermont County, outside the nonattainment area, the only other 
SO2 source is the W.H. Zimmer power plant (Zimmer plant), 
located approximately 15 km south of the Beckjord plant and 27 km 
southwest of the SO2 Campbell County SO2 monitor. 
The Zimmer plant emitted 13,500 tons of SO2 in 2014.
    The second part of this review was to more closely examine 
potential contributors to SO2 NAAQS exceedances in the 
Campbell-Clermont KY-OH nonattainment area. For this purpose, Ohio 
analyzed wind patterns and back-trajectories for the 44 hours \2\ for 
which SO2 levels were greater than 75 ppb at the Campbell 
County SO2 monitor between 2010 and 2014. The hourly 
monitored SO2 values ranged from 76 ppb to 180 ppb. The 24-
hour back trajectories seek to determine the origins of air flow 
leading toward the monitor location. Hourly wind data were also used to 
help focus on the short term flow close to the times of exceedances. 
Ohio found that the trajectories indicated that high concentrations at 
the Campbell County SO2 monitor were most often

[[Page 47146]]

attributable to wind flows from the vicinity of the Beckjord plant. 
Winds (measured at the Cincinnati/Northern Kentucky airport) were 
almost exclusively from the east during the 44 hours with high 
monitored concentrations. Trajectories passed over or near the Beckjord 
plant in about two thirds of the 44 hours. The Beckjord plant appeared 
to be the main contributor to 42 of the hours. One hour appeared to 
have some influence from the Zimmer plant as well as from the Beckjord 
plant, and for another hour, Ohio could not identify any SO2 
source located in the area indicated by the back-trajectory and surface 
winds. None of the exceedances appeared to be attributable to the Miami 
Fort plant or other sources west of the Campbell County SO2 
monitor.
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    \2\ Although it is possible for a SO2 monitor to 
measure SO2 values above the NAAQS for several individual 
hours during a given day, only the single highest monitored hourly 
SO2 value in each 24-hour day is formally defined as ``an 
exceedance of the SO2 NAAQS,'' if it is greater than 75 
ppb. There were 26 exceedances of the SO2 NAAQS at the 
Campbell County SO2 monitor during 2012-2014, but there 
were 44 total hours for which the SO2 monitor recorded 
SO2 values above the SO2 NAAQS of 75 ppb. A 
violation of the SO2 NAAQS, as opposed to an exceedance, 
is recorded when the three-year average of the annual 99th 
percentile of one-hour daily maximum concentrations exceeds 75 ppb. 
In this analysis, to identify contributing SO2 sources, 
Ohio evaluated the 44 hours in 2012-2014 for which the 
SO2 monitor had registered a SO2 concentration 
over 75 ppb.
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    The third analysis considered monitored SO2 values and 
wind directions during the time period of January 1, 2012, through 
February 28, 2015. During that period, there were a total of 10,231 
hours when the Beckjord plant's SO2 emissions were zero. The 
Beckjord plant was not operating at all in 2015 or during the last four 
months of 2014, and there were 1400-2500 hours in which the Beckjord 
plant did not emit SO2 during 2012 and 2013 as well. Ohio 
examined the Campbell County monitored data and found that no 
exceedances of the SO2 NAAQS were measured during these 
10,231 hours. The maximum monitored concentration at the Campbell 
County SO2 monitor during these hours was 34 ppb. The 
highest monitored values measured while the Beckjord plant was emitting 
SO2 were typically associated with winds coming from the 
east and southeast, suggesting the Beckjord plant's influence. The 
winds associated with the highest monitored values during the 10,231 
hours without impacts from the Beckjord plant, however, came from the 
west and southwest. As those monitored values were less than half of 
the SO2 NAAQS in magnitude, Ohio's analysis supports the 
assertion that the closing of the Beckjord plant has led to attainment 
of the SO2 NAAQS, and suggests that future violations caused 
by other nearby sources are unlikely.
    Ohio did not further evaluate the sources to the north and west of 
the nonattainment area due to their distance from the area and their 
emission levels, and because the previously discussed analyses did not 
indicate that sources north and west of the nonattainment area have had 
a significant influence on monitored exceedances. Ohio did, however, 
specifically evaluate the Zimmer plant for its potential contribution 
to elevated SO2 levels in the Campbell-Clermont KY-OH 
nonattainment area. The Zimmer plant's impacts warranted additional 
analysis because it has substantial emissions, is located relatively 
near the Beckjord plant, and generally has the greatest potential 
(after the shutdown of the Beckjord plant) to cause violations in the 
nonattainment area.
    First, the State considered a graphical analysis of the 2012-2014 
hourly SO2 levels at the Campbell County SO2 
monitor compared to the hourly SO2 emissions from the 
Beckjord and Zimmer plants. The Zimmer plant's emissions stayed 
relatively constant over the time period, while the Beckjord plant's 
emissions, which were much larger than the Zimmer plant's, also varied 
more widely. The data showed that the monitored SO2 levels 
seemed to fluctuate in a pattern similar to the Beckjord plant's 
emission variations, falling to its lowest levels when the Beckjord 
plant's emissions were very low, even as the Zimmer plant's emissions 
remained relatively steady, which suggests that the Campbell County 
SO2 monitor was more strongly influenced by the Beckjord 
plant's impacts. Based on these results, particularly from the 
trajectory analyses, Ohio's first approach yields a finding that the 
violations previously recorded at the SO2 monitor were 
primarily attributable to emissions from the Beckjord plant, which in 
turn indicates that the shutdown of the Beckjord plant can be expected 
to result in no further violations at this monitoring site.
    Ohio's second approach to assessing prospects of future violations 
in the nonattainment area was to perform a modeling analysis to 
evaluate the location of the Zimmer plant's maximum impacts and to 
estimate a worst-case impact within the nonattainment area. This 
analysis was intended to address the potential for violations not just 
at the monitoring site (28 km from the Zimmer plant) but also elsewhere 
in the nonattainment area. The Zimmer plant is approximately 11.5 km 
from the nearest edge of the Campbell-Clermont KY-OH SO2 
nonattainment area. Ohio's analysis covered only the time period with 
available meteorological data after the Beckjord plant's coal units 
shut down: August 30, 2014, to February 28, 2015. Because this data set 
is shorter than the five-year period typically used to demonstrate 
attainment of the SO2 standard, Ohio used the second high 
modeled maximum daily value to represent the 99th percentile, rather 
than the fourth high modeled maximum daily value. Ohio used a coarse 
receptor grid within the nonattainment area, and a finer grid within 
three kilometers of the Zimmer plant. Maximum impacts were found to 
occur within one kilometer of the Zimmer plant. In this analysis, Ohio 
modeled a unit emission rate of one gram per second from the Zimmer 
plant's two stacks, to find the relative impacts from the Zimmer plant 
at the monitoring location and at a range of other receptors inside the 
nonattainment area as well as closer to the plant. Ohio then used the 
second high value measured at the Campbell County monitor during this 
time period with zero impacts from The Beckjord plant, under the 
conservative assumption that this monitored value was entirely caused 
by the Zimmer plant's emissions, to develop a numerical estimate of the 
relative worst-case impact of the Zimmer plant elsewhere within the 
nonattainment area. The second high monitored value was 24 ppb, and 
Ohio determined that the Zimmer plant's highest impact within the 
nonattainment area relative to that monitored value would be 
approximately 52 ppb. Impacts at this level would not cause exceedances 
of the SO2 NAAQS within the nonattainment area.
    As a third approach, Ohio and Kentucky estimated future 
SO2 concentrations in the nonattainment area using a method 
similar to developing a conservative background concentration for a 
typical modeled attainment demonstration. Ohio used Campbell County 
SO2 monitor data from 2010-2014 for this calculation. Since 
the Beckjord plant was operating during this period, Ohio followed EPA 
guidance to ensure that the monitored values for background did not 
count impacts from the Beckjord plant or the Zimmer plant. Ohio 
determined the 90 degree wind direction sector for which the Campbell 
County SO2 monitor could be impacted by direct emissions 
from either power plant, and excluded monitored hours when winds came 
from this sector. Ohio averaged the remaining monitored values in each 
year, excluding values of zero for additional conservatism, and chose 
the highest value, 4.4 ppb. Ohio further refined the analysis to 
exclude only the 45 degree sector centered on the Beckjord plant. The 
highest average value in this case, which could include the Zimmer 
plant's impacts, was 4.76 ppb. Since no significant sources exist now 
that would be expected to cause significant concentration gradients 
within the nonattainment area, conceptually a modeling analysis for 
this area would reflect modeling zero

[[Page 47147]]

emissions, and the final ``modeled'' result would be equal to the 
background concentration. Since the background value could also 
conservatively include actual 2010-2014 contributions from Cincinnati-
area sources which have reduced their SO2 emissions since 
2014, this analysis supports Ohio's assertion that the Campbell-
Clermont KY-OH nonattainment area will continue to attain the 
SO2 NAAQS.
    In addition to these analyses, all of which were provided in Ohio's 
redesignation request, Ohio has also provided relevant information in 
the separate context of addressing the prospective SO2 
designation for the more immediate vicinity of the Zimmer plant. Ohio's 
September 16, 2015, submittal provided a full modeling analysis in 
accordance with EPA's modeling Technical Assistance Document (TAD) 
which indicated that the maximum concentration estimated near the 
Zimmer plant was 56 ppb, at a distance just over one kilometer from the 
plant's stacks. Based largely on this information, EPA wrote to Ohio on 
February 16, 2016, stating EPA's preliminary intention to promulgate an 
unclassifiable/attainment designation for all of Clermont County that 
is not already designated, i.e. for all of Clermont County except the 
portion (Pierce Township) that is included in the Campbell-Clermont KY-
OH nonattainment area. Since the Campbell-Clermont KY-OH nonattainment 
area is substantially more distant than the peak impacts of the Zimmer 
plant, and the impacts of the Zimmer plant in the area would therefore 
be much lower than 56 ppb, this modeling provides clear evidence that 
the Zimmer plant is not causing violations anywhere in the Campbell-
Clermont KY-OH nonattainment area. In summary, the monitored data show 
attainment for 2012-2014 and for 2013-2015; Ohio has demonstrated that 
the closed Beckjord plant was likely to have caused the previous 
violations of the SO2 NAAQS; and Ohio has demonstrated that 
neither the Zimmer plant nor other SO2 emissions are 
expected to cause future violations in the area. Therefore, EPA agrees 
that the Campbell-Clermont KY-OH nonattainment area is currently 
attaining the SO2 NAAQS.

IV. Ohio's Section 110(k) SIP

    EPA has determined that Ohio has a fully approved SIP under section 
110(k). Ohio has implemented its SO2 SIP regulations at Ohio 
Administrative Code (OAC) 3745-18, and Ohio maintains an active 
enforcement program to ensure ongoing compliance. Ohio's new source 
review/prevention of significant deterioration program will address 
emissions from new sources. Ohio's current SO2 SIP rule for 
Clermont County is codified at OAC 3745-18-19. The existing rule 
addressing the Beckjord plant's SO2 emissions, OAC 3745-18-
19(B), remains in the SIP, but Ohio has submitted documents which 
demonstrate that the facility has closed and is no longer authorized 
under the State's permitting program to operate.

V. Permanent and Enforceable Emission Reductions

    As previously stated, the Beckjord plant closed in late 2014, and 
the monitored improvement in air quality is largely due to this 
closure. The closure results in a reduction of 90,835 tpy, considering 
the plant's 2011 emissions, representing the time the area was 
classified nonattainment; or a reduction of 32,603 tpy, considering the 
plant's emissions in 2014, when the area first began to monitor 
attainment. Upon notification of the Beckjord plant's closure, in 
accordance with Ohio EPA policy, Ohio ceased its authorization for the 
facility to operate unless it obtains a new permit. Ohio EPA provided 
documentation of this shutdown in the form of an October 14, 2014, 
letter from Duke Energy Ohio, Inc., to the Southwest Ohio Air Quality 
Agency. In this letter, Duke Energy Ohio, Inc. confirmed that the 
Beckjord plant's six large coal-fired units are permanently shut down 
and removed from service as of October 1, 2014. The letter confirmed 
that Ohio's authorization for Duke Energy Ohio, Inc. to operate the six 
units had ceased. The Beckjord plant has been demonstrated to be the 
primary SO2 source which caused the monitored exceedances. 
As it has closed and cannot reopen without applying for a new operating 
permit, EPA agrees that the improvement in air quality in the 
nonattainment area is due to permanent and enforceable emission 
reductions.

VI. Requirements for the Area Under Section 110 and Part D

    Ohio has submitted information demonstrating that it meets these 
requirements. EPA approved Ohio's infrastructure SIP for SO2 
on August 14, 2015 (80 FR 48733). This infrastructure SIP approval 
confirms that Ohio's SIP meets the requirements of CAA section 
110(a)(1) and 110(a)(2) to contain the basic program elements, such as 
an active enforcement program and permitting program.
    Section 191 of the CAA requires Ohio to submit a part D 
nonattainment SIP for the Campbell-Clermont KY-OH nonattainment area by 
April 4, 2015. Because Ohio submitted its August 11, 2015, 
redesignation request instead of a nonattainment SIP, EPA was compelled 
to include this area in our March 18, 2016, finding of failure to 
submit (81 FR 14736). However, final promulgation of this redesignation 
to attainment would end any nonattainment plan requirements, and 
promulgation of this redesignation within 18 months of the finding of 
failure to submit would result in no sanctions taking effect.
    With the redesignation request of August 11, 2015, Ohio submitted 
information addressing the section 172 part D SIP requirements. Ohio 
submitted an attainment inventory of the SO2 emissions from 
sources in the nonattainment area. Ohio chose 2011 for its base year 
emissions inventory, as comprehensive emissions data was available and 
updated that year, which satisfies the 172(c)(3) requirements. The 
Kentucky portion of the nonattainment area contained 11 minor point 
source facilities. Their combined SO2 emissions were less 
than one ton per year. The only significant source in the Ohio portion 
of the nonattainment area is the Beckjord plant. Area and non-highway 
mobile source emissions were taken from the 2011 National Emissions 
Inventory (NEI), with county-wide values adjusted based on the 
population percentages in the nonattainment area. Highway mobile source 
emissions were provided by the Ohio-Kentucky-Indiana Regional Council 
of Governments (OKI), based on dividing the vehicle miles traveled in 
the nonattainment area by the vehicle miles traveled in the entire 
county. Census data and projections were used to develop growth factors 
for future years. The attainment year inventory was based on 2014 
emissions, adjusted for projected growth in the area, and accounting 
for the Beckjord plant's closure.
    Table 2 shows the projected inventories. Note that Kentucky's 
inventory remains steady at approximately 8 tpy total, while Ohio's 
projected inventory, accounting for the Beckjord plant's actual 
closure, drops from over 90,000 tpy in 2011 to approximately 8 tpy in 
the interim and maintenance years. This large reduction is expected to 
be sufficient to maintain the SO2 standard.

[[Page 47148]]



                   Table 2--Campbell-Clermont Nonattainment Area SO2 Emission Inventory Totals
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                        2011 base-year    2014 attainment      2020 interim     2027 maintenance
                                          emissions             year               year               year
----------------------------------------------------------------------------------------------------------------
Ohio................................          90,842.51          32,610.56               8.36               8.46
Kentucky............................               8.56               8.54               8.47               8.27
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Combined total..................          90,851.07          32,619.10              16.83              16.73
----------------------------------------------------------------------------------------------------------------

    Section 172(c)(1) requires nonattainment area SIPs to provide for 
the implementation of all reasonably available control measures (RACM) 
as expeditiously as practicable and to provide for attainment of the 
NAAQS. EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not applicable for purposes of CAA 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for reasonable 
further progress (RFP) and other measures designed to provide for 
attainment do not apply in evaluating redesignation requests because 
those nonattainment planning requirements ``have no meaning'' for an 
area that has already attained the standard. EPA's understanding of 
section 172 also forms the basis of its Clean Data Policy, which was 
articulated with regard to SO2 in the April 2014 ``Guidance 
for 1-Hour SO2 Nonattainment Area SIP Submissions,'' and 
suspends a State's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9). Courts have upheld EPA's 
interpretation of section 172(c)(1) for ``reasonably available'' 
control measures and control technology as meaning only those controls 
that advance attainment, which precludes the need to require additional 
measures where an area is already attaining. NRDC v. EPA, 571 F.3d 
1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 
(D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 
2002); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).\3\ Therefore, 
because the Campbell-Clermont KY-OH nonattainment area has attained the 
SO2 standard, no additional measures are needed to provide 
for attainment, and section 172(c)(1) requirements for an attainment 
demonstration and RACM are not part of the ``applicable implementation 
plan'' required to have been approved prior to redesignation per CAA 
section 107(d)(3)(E)(ii). In any case, in the absence of major point 
sources, and in the context of implemented measures (especially the 
shutdown of the Beckjord plant) having achieved attainment, EPA 
believes that Ohio has satisfied the reasonably available control 
measures/reasonably available control techniques (RACM/RACT) 
requirement for this area.
---------------------------------------------------------------------------

    \3\ Although the Court of Appeals for the Sixth Circuit has 
issued a contrary opinion in the context of redesignations for ozone 
and PM2.5, EPA believes that these opinions, interpreting 
the applicability of the ozone and PM2.5 RACM/RACT 
requirements for redesignations for those pollutants, do not address 
the applicability of the RACM/RACT requirement for SO2. 
See Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015).
---------------------------------------------------------------------------

    The other section 172 requirements that are designed to help an 
area achieve attainment are the section 172(c)(2) requirement that 
nonattainment plans contain provisions promoting reasonable further 
progress, the requirement to submit the section 172(c)(9) contingency 
measures, and the section 172(c)(6) requirement for the SIP to contain 
control measures necessary to provide for attainment of the NAAQS. 
These are also not required to be approved as part of the ``applicable 
implementation plan'' for purposes of satisfying CAA section 
107(d)(3)(E)(ii).
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA has determined that, 
since PSD requirements will apply after redesignation, areas being 
redesignated need not comply with the requirement that a NSR program be 
approved prior to redesignation, provided that the area demonstrates 
maintenance of the NAAQS without part D NSR. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Ohio has demonstrated that the Campbell-
Clermont KY-OH nonattainment area will be able to maintain the NAAQS 
without part D NSR in effect, and therefore Ohio does not need to have 
a fully approved part D NSR program prior to approval of the 
redesignation request. Ohio's PSD program will become effective in the 
Campbell-Clermont KY-OH nonattainment area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes that the 
Ohio SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    Section 176(c) of the CAA requires States to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that EPA promulgated pursuant to its authority under the CAA. On August 
20, 2014, Ohio submitted documentation establishing transportation 
conformity procedures in its SIP. EPA approved these procedures on 
March 2, 2015 (80 FR 11133). Moreover, EPA interprets the

[[Page 47149]]

conformity SIP requirements as not applying for purposes of evaluating 
a redesignation request under section 107(d) because, like other 
requirements listed above, State conformity rules are still required 
after redesignation and Federal conformity rules apply where State 
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001) (upholding this interpretation); see also 60 FR 62748 (December 
7, 1995) (redesignation of Tampa, Florida).
    As discussed above, EPA is proposing to find that Ohio has 
satisfied all applicable requirements for purposes of redesignation of 
the Campbell-Clermont KY-OH nonattainment area under section 110 and 
part D of title I of the CAA.

VII. Maintenance Plan

    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the nonattainment area is 
redesignated to attainment. Eight years after the redesignation, the 
State must submit a revised maintenance plan demonstrating that 
attainment will continue to be maintained for the ten years following 
the initial ten-year period. To address the possibility of future NAAQS 
violations, the maintenance plan must contain contingency measures as 
EPA deems necessary to assure prompt correction of any future one-hour 
SO2 violations. Specifically, the maintenance plan should 
address five requirements: The attainment emissions inventory, 
maintenance demonstration, monitoring, verification of continued 
attainment, and a contingency plan.
    Ohio's August 11, 2015, redesignation request contains its 
maintenance plan, which Ohio has committed to review eight years after 
redesignation. Ohio submitted an attainment emission inventory which 
addresses current emissions and projections of future emissions, for 
point, area, and mobile sources. Total SO2 emissions in the 
nonattainment area were 90,851 tpy in the base year, 2011; 32,619 tpy 
in the attainment year, 2014; and 16.7 tpy in the projected future 
years between 2017 and 2027 (see Table 2). Ohio has demonstrated that 
after the closure of the Beckjord plant, the area is attaining and is 
expected to maintain the SO2 NAAQS. Kentucky has committed 
to continue monitoring at the Campbell County site in accordance with 
the requirements of 40 CFR part 58. These data will be used to verify 
continued attainment. Ohio has the authority to adopt, implement and 
enforce any subsequent emissions control measures deemed necessary to 
correct any future SO2 violations. Regarding contingency 
measures to implement in the case of a future violation of the 
SO2 standard, Ohio did not name a specific control measure, 
as there are no sources in or near the nonattainment area with the 
potential to cause a violation. As a contingency plan, therefore, Ohio 
has committed to identify any sources which cause or contribute to 
monitored violations, and follow up with enforcement proceedings, 
expediting any necessary corrective actions. SIP rules will be revised 
in accordance with Ohio's rulemaking procedures if new control measures 
are needed. Ohio commits to study SO2 emission trends and 
identify areas of concern if the annual average 99th percentile maximum 
daily one-hour SO2 concentration of 79 ppb or greater occurs 
in a single year, or if a two-year average of 76 ppb or greater occurs 
in the maintenance area. Ohio will adopt and implement corrective 
actions as necessary to address such trends of increasing emissions or 
ambient impacts. The public will have the opportunity to participate in 
the contingency measure implementation process. EPA proposes to find 
that Ohio's maintenance plan adequately addresses the five basic 
components necessary to maintain the SO2 standard in the 
Campbell-Clermont KY-OH nonattainment area.

VIII. What action is EPA taking?

    In accordance with Ohio's August 11, 2015, request, EPA is 
proposing to redesignate the Ohio portion of the Campbell-Clermont KY-
OH nonattainment area from nonattainment to attainment of the 
SO2 NAAQS. Ohio has demonstrated that the area is attaining 
the SO2 standard, and that the improvement in air quality is 
due to the permanent and enforceable shutdown of the main 
SO2 source in the nonattainment area. EPA is proposing to 
approve the maintenance plan that Ohio submitted to ensure that the 
area will continue to maintain the SO2 standard.

IX. 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 Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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.


[[Page 47150]]


    Dated: July 11, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-17054 Filed 7-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    47144                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    tribal implications and will not impose                  information you consider to be                        County, Kentucky. The Ohio portion of
                                                    substantial direct costs on tribal                       Confidential Business Information (CBI)               the nonattainment area contains the
                                                    governments or preempt tribal law as                     or other information whose disclosure is              Walter C. Beckjord power plant
                                                    specified by Executive Order 13175 (65                   restricted by statute. Multimedia                     (Beckjord plant). The Kentucky portion
                                                    FR 67249, November 9, 2000).                             submissions (audio, video, etc.) must be              of the nonattainment area has less than
                                                                                                             accompanied by a written comment.                     nine tons of total SO2 emissions per
                                                    List of Subjects in 40 CFR Part 52
                                                                                                             The written comment is considered the                 year, but it contains the SO2 monitor
                                                      Environmental protection, Air                          official comment and should include                   which had violated the SO2 standard as
                                                    pollution control, Incorporation by                      discussion of all points you wish to                  of 2011.
                                                    reference, Intergovernmental relations,                  make. EPA will generally not consider                    By April 4, 2015, Ohio and Kentucky
                                                    Lead, Nitrogen dioxide, Ozone,                           comments or comment contents located                  were required to submit nonattainment
                                                    Particulate matter, Sulfur Oxides,                       outside of the primary submission (i.e.               plan SIPs that meet the requirements of
                                                    Reporting and recordkeeping                              on the web, cloud, or other file sharing              sections 172(c) and 191–192 of the CAA,
                                                    requirements.                                            system). For additional submission                    and provide for attainment of the
                                                      Dated: July 5, 2016.                                   methods, please contact the person                    NAAQS as expeditiously as practicable,
                                                    H. Curtis Spalding,                                      identified in the FOR FURTHER                         but no later than October 4, 2018. Ohio’s
                                                                                                             INFORMATION CONTACT section. For the                  analysis found the Beckjord plant to be
                                                    Regional Administrator, EPA New England.
                                                                                                             full EPA public comment policy,                       the main contributor to SO2 monitored
                                                    [FR Doc. 2016–17069 Filed 7–19–16; 8:45 am]
                                                                                                             information about CBI or multimedia                   levels in the nonattainment area. In
                                                    BILLING CODE 6560–50–P
                                                                                                             submissions, and general guidance on                  2011, the Beckjord plant had reported
                                                                                                             making effective comments, please visit               90,835 tons of SO2 emissions. However,
                                                    ENVIRONMENTAL PROTECTION                                 http://www2.epa.gov/dockets/                          in late 2014, the Beckjord plant
                                                    AGENCY                                                   commenting-epa-dockets.                               permanently ceased operations. Its coal-
                                                                                                             FOR FURTHER INFORMATION CONTACT:                      fired electricity generating units were
                                                    40 CFR Parts 52 and 81                                   Mary Portanova, Environmental                         shut down as of September 2014, and its
                                                                                                             Engineer, Control Strategies Section, Air             oil-fired units ceased operations by the
                                                    [EPA–R05–OAR–2015–0599; FRL–9949–28–
                                                    Region 5]
                                                                                                             Programs Branch (AR–18J),                             end of 2014. Sulfur dioxide emissions at
                                                                                                             Environmental Protection Agency,                      the Beckjord plant totaled 32,603 tons in
                                                    Designation of Areas for Air Quality                     Region 5, 77 West Jackson Boulevard,                  2014, and zero tons in 2015. Currently,
                                                    Planning Purposes; Ohio;                                 Chicago, Illinois 60604, (312) 353–5954,              the total point, area, and mobile source
                                                    Redesignation of the Ohio Portion of                     portanova.mary@epa.gov.                               SO2 emissions in the entire Campbell-
                                                    the Campbell-Clermont KY-OH Sulfur                       SUPPLEMENTARY INFORMATION:                            Clermont KY-OH nonattainment area
                                                    Dioxide Nonattainment Area                               Throughout this document whenever                     are approximately 17 tons per year (tpy).
                                                                                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           Because of the significant, permanent
                                                    AGENCY:  Environmental Protection                        EPA. This SUPPLEMENTARY INFORMATION                   and enforceable reduction in SO2
                                                    Agency (EPA).                                            section is arranged as follows:                       emissions affecting the nonattainment
                                                    ACTION: Proposed rule.                                                                                         area, and because the Campbell County
                                                                                                             I. Background
                                                                                                             II. Redesignation Requirements                        SO2 monitor’s three-year SO2 design
                                                    SUMMARY:   In accordance with the Clean                                                                        value 1 for 2012–2014 had fallen below
                                                                                                             III. Determination of Attainment
                                                    Air Act (CAA), the Environmental                         IV. Ohio’s Section 110(k) SIP                         the SO2 NAAQS, Ohio chose to submit
                                                    Protection Agency (EPA) is proposing to                  V. Permanent and Enforceable Emission                 a redesignation request in 2015, in lieu
                                                    redesignate the Ohio portion of the                            Reductions                                      of a nonattainment SIP. On August 11,
                                                    Campbell-Clermont KY-OH sulfur                           VI. Requirements for the Area Under Section           2015, the Ohio Environmental
                                                    dioxide (SO2) nonattainment area from                          110 and Part D
                                                                                                             VII. Maintenance Plan
                                                                                                                                                                   Protection Agency (Ohio EPA)
                                                    nonattainment to attainment. The Ohio                                                                          submitted its request to EPA to
                                                    portion of this area consists of Pierce                  VIII. What action is EPA taking?
                                                                                                             IX. Statutory and Executive Order Reviews             redesignate the Ohio portion of the
                                                    Township in Clermont County, Ohio.                                                                             Campbell-Clermont KY-OH
                                                    EPA is also proposing to approve Ohio’s                  I. Background                                         nonattainment area to attainment. For
                                                    maintenance plan submitted on August                        On June 2, 2010 (75 FR 35520, June                 the reasons set forth in this document,
                                                    11, 2015. The primary emission source                    22, 2010), EPA established a revised                  EPA is proposing to redesignate the area
                                                    in the area has permanently closed, and                  primary SO2 national ambient air                      to attainment.
                                                    the air quality in the area is now                       quality standard (NAAQS) of 75 parts
                                                    meeting the SO2 standard.                                                                                      II. Redesignation Requirements
                                                                                                             per billion (ppb), which is met at a
                                                    DATES: Comments must be received on                      monitoring site when the three-year                     Under CAA section 107(d)(3)(E), there
                                                    or before August 19, 2016.                               average of the 99th percentile of daily               are five criteria which must be met
                                                    ADDRESSES: Submit your comments,                         maximum one-hour concentrations does                  before a nonattainment area may be
                                                    identified by Docket ID No. EPA–R05–                     not exceed 75 ppb. On August 5, 2013                  redesignated to attainment.
                                                    OAR–2015–0599 at http://                                 (78 FR 47191), EPA published its initial                1. EPA has determined that the
                                                    www.regulations.gov or via email to                      air quality designations for the SO2                  relevant NAAQS has been attained in
                                                    persoon.carolyn@epa.gov. For                             NAAQS based upon air quality
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                                                                                                                                                                   the area.
                                                    comments submitted at Regulations.gov,                   monitoring data for calendar years
                                                    follow the online instructions for                       2009–2011. In that action, the Campbell-                1 The design value is a statistic computed
                                                    submitting comments. Once submitted,                     Clermont KY-OH area was designated                    according to the data handling procedures of the
                                                    comments cannot be edited or removed                     nonattainment for the SO2 NAAQS. The                  NAAQS (in 40 CFR part 50 appendix T) that, by
                                                    from Regulations.gov. For either manner                  Campbell-Clermont KY-OH                               comparison to the level of the NAAQS, indicates
                                                                                                                                                                   whether the area is violating the NAAQS. For SO2,
                                                    of submission, EPA may publish any                       nonattainment area is comprised of                    the design value is the three-year average of the
                                                    comment received to its public docket.                   Pierce Township in Clermont County,                   annual 99th percentile of one-hour daily maximum
                                                    Do not submit electronically any                         Ohio, and five census tracts in Campbell              concentrations.



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                                                                              Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                                             47145

                                                      2. The applicable implementation                             data, and a further analysis, generally                    and 2013–2015 periods, which are the
                                                    plan has been fully approved by EPA                            requiring air quality modeling, to                         most recent quality-assured data
                                                    under section 110(k).                                          demonstrate that the entire area is                        available. All data considered are
                                                      3. EPA has determined that                                   attaining the applicable standard, based                   complete, quality-assured, certified, and
                                                    improvement in air quality is due to                           on current actual emissions or the fully                   recorded in EPA’s Air Quality System
                                                    permanent and enforceable reductions                           implemented control strategy. Ohio has                     database.
                                                    in emissions resulting from the SIP,                           addressed both components.                                    Table 1 shows the 2012–2014 and
                                                    Federal regulations, and other                                    Under EPA regulations at 40 CFR                         2013–2015 design values for the
                                                    permanent and enforceable reductions.                          50.17, the SO2 standard is met at an                       Campbell-Clermont KY-OH
                                                      4. EPA has fully approved a                                  ambient air quality monitoring site                        nonattainment area. For 2014, the last
                                                    maintenance plan, including a                                  when the three-year average of the                         year in which the Beckjord plant was
                                                    contingency plan, for the area under                           annual 99th percentile of one-hour daily                   operating, the 99th percentile monitored
                                                    section 175A of the CAA.                                       maximum concentrations is less than or                     daily maximum value was 61 ppb. For
                                                      5. The State has met all applicable                          equal to 75 ppb, as determined in                          2015, after the Beckjord plant had shut
                                                    requirements for the area under section                        accordance with appendix T of 40 CFR                       down, the 99th percentile monitored
                                                    110 and part D.                                                part 50 at all relevant monitoring sites                   daily maximum value was 18 ppb. The
                                                                                                                   in the subject area. EPA has reviewed                      three-year average design value for
                                                    III. Determination of Attainment                               the ambient air monitoring data for the                    2012–2014 is 72 ppb, and the three-year
                                                       The first requirement for                                   Campbell-Clermont KY-OH                                    average design value for 2013–2015 is
                                                    redesignation is to demonstrate that the                       nonattainment area. The Campbell-                          50 ppb. Both are below the SO2
                                                    standard has been attained in the area.                        Clermont KY-OH nonattainment area                          standard. Therefore, the Campbell
                                                    As stated in the April 2014 ‘‘Guidance                         has one SO2 monitoring site, located in                    County SO2 monitor clearly shows
                                                    for 1-Hour SO2 Nonattainment Area SIP                          northern Campbell County, Kentucky.                        attainment. Kentucky has committed to
                                                    Submissions,’’ for SO2, there are two                          The Campbell County SO2 monitor is                         continue monitoring for SO2 at this
                                                    components needed to support an                                operated by the Kentucky Division for                      location. Preliminary data for 2016
                                                    attainment determination: A review of                          Air Quality. This review addresses air                     indicate that the area is continuing to
                                                    representative air quality monitoring                          quality data collected in the 2012–2014                    attain the SO2 standard.

                                                    TABLE 1—MONITORING DATA FOR THE CAMPBELL-CLERMONT KY-OH NONATTAINMENT AREA FOR 2012–2014 AND 2013–
                                                                                                   2015
                                                                                                                                                              Year and 99th percentile value               Average       Average
                                                                                                                                                                          (ppb)                             2012–         2013–
                                                                         Site                                          County                                                                                2014          2015
                                                                                                                                                    2012            2013        2014           2015         (ppb)         (ppb)

                                                    21–037–3002 .....................................   Campbell, KY ..........................       85             71          61             18            72            50



                                                      Regarding the second component of                            Miami Fort Power Station (Miami Fort                       and back-trajectories for the 44 hours 2
                                                    the attainment determination, Ohio                             plant), which emitted over 28,000 tons                     for which SO2 levels were greater than
                                                    examined the extent to which the earlier                       of SO2 in 2014. The Miami Fort plant is                    75 ppb at the Campbell County SO2
                                                    NAAQS violations and subsequent                                located 30 kilometers (km) west of the                     monitor between 2010 and 2014. The
                                                    improvement in the local monitored                             Campbell County SO2 monitor. As of                         hourly monitored SO2 values ranged
                                                    SO2 values were primarily attributable                         June 2015, the Miami Fort plant reduced                    from 76 ppb to 180 ppb. The 24-hour
                                                    to the Beckjord plant. Ohio used three                         its emissions by approximately 50%                         back trajectories seek to determine the
                                                    methods to judge the prospects of future                       from 2014 levels with the closure of its                   origins of air flow leading toward the
                                                    violations following the shutdown of                           Unit 6. The next largest source, at 1,600                  monitor location. Hourly wind data
                                                    the Beckjord plant. In these methods,                          tons of SO2, is the DTE St. Bernard                        were also used to help focus on the
                                                    Ohio evaluated local emission                                  facility, which is located 17 km north of                  short term flow close to the times of
                                                    inventories, wind patterns during                              the Campbell County SO2 monitor. The                       exceedances. Ohio found that the
                                                    monitored exceedances, and monitored                           other SO2 sources in Hamilton County                       trajectories indicated that high
                                                    data during periods when the Beckjord                          emitted less than 200 tons of SO2 in                       concentrations at the Campbell County
                                                    plant was still active but not emitting                        2014, and are located 16–31 km from                        SO2 monitor were most often
                                                    SO2. EPA proposes to find that these                           the Campbell County SO2 monitor. In
                                                                                                                                                                                2 Although it is possible for a SO monitor to
                                                    analyses meet the April 2014 guidance                          Clermont County, outside the                                                                    2
                                                                                                                                                                              measure SO2 values above the NAAQS for several
                                                    requirement to comprehensively                                 nonattainment area, the only other SO2                     individual hours during a given day, only the single
                                                    evaluate the impacts of the Beckjord                           source is the W.H. Zimmer power plant                      highest monitored hourly SO2 value in each 24-
                                                    plant’s closure on the Campbell-                               (Zimmer plant), located approximately                      hour day is formally defined as ‘‘an exceedance of
                                                    Clermont area and demonstrate that the                         15 km south of the Beckjord plant and                      the SO2 NAAQS,’’ if it is greater than 75 ppb. There
                                                                                                                                                                              were 26 exceedances of the SO2 NAAQS at the
                                                    entire area is attaining the SO2 standard.                     27 km southwest of the SO2 Campbell
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                                                                                                                                                                              Campbell County SO2 monitor during 2012–2014,
                                                      As a first step in this approach, Ohio                       County SO2 monitor. The Zimmer plant                       but there were 44 total hours for which the SO2
                                                    reviewed the inventory of SO2 sources                          emitted 13,500 tons of SO2 in 2014.                        monitor recorded SO2 values above the SO2 NAAQS
                                                                                                                                                                              of 75 ppb. A violation of the SO2 NAAQS, as
                                                    in the area. This inventory shows no                              The second part of this review was to                   opposed to an exceedance, is recorded when the
                                                    large SO2 sources in the Kentucky                              more closely examine potential                             three-year average of the annual 99th percentile of
                                                    portion of the nonattainment area. There                       contributors to SO2 NAAQS                                  one-hour daily maximum concentrations exceeds
                                                                                                                   exceedances in the Campbell-Clermont                       75 ppb. In this analysis, to identify contributing SO2
                                                    are several SO2 sources in the                                                                                            sources, Ohio evaluated the 44 hours in 2012–2014
                                                    Cincinnati area, in Hamilton County,                           KY-OH nonattainment area. For this                         for which the SO2 monitor had registered a SO2
                                                    Ohio. The largest of these is Dynegy’s                         purpose, Ohio analyzed wind patterns                       concentration over 75 ppb.



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                                                    47146                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    attributable to wind flows from the                      contribution to elevated SO2 levels in                grid within the nonattainment area, and
                                                    vicinity of the Beckjord plant. Winds                    the Campbell-Clermont KY-OH                           a finer grid within three kilometers of
                                                    (measured at the Cincinnati/Northern                     nonattainment area. The Zimmer plant’s                the Zimmer plant. Maximum impacts
                                                    Kentucky airport) were almost                            impacts warranted additional analysis                 were found to occur within one
                                                    exclusively from the east during the 44                  because it has substantial emissions, is              kilometer of the Zimmer plant. In this
                                                    hours with high monitored                                located relatively near the Beckjord                  analysis, Ohio modeled a unit emission
                                                    concentrations. Trajectories passed over                 plant, and generally has the greatest                 rate of one gram per second from the
                                                    or near the Beckjord plant in about two                  potential (after the shutdown of the                  Zimmer plant’s two stacks, to find the
                                                    thirds of the 44 hours. The Beckjord                     Beckjord plant) to cause violations in                relative impacts from the Zimmer plant
                                                    plant appeared to be the main                            the nonattainment area.                               at the monitoring location and at a range
                                                    contributor to 42 of the hours. One hour                    First, the State considered a graphical            of other receptors inside the
                                                    appeared to have some influence from                     analysis of the 2012–2014 hourly SO2                  nonattainment area as well as closer to
                                                    the Zimmer plant as well as from the                     levels at the Campbell County SO2                     the plant. Ohio then used the second
                                                    Beckjord plant, and for another hour,                    monitor compared to the hourly SO2                    high value measured at the Campbell
                                                    Ohio could not identify any SO2 source                   emissions from the Beckjord and                       County monitor during this time period
                                                    located in the area indicated by the                     Zimmer plants. The Zimmer plant’s                     with zero impacts from The Beckjord
                                                    back-trajectory and surface winds. None                  emissions stayed relatively constant                  plant, under the conservative
                                                    of the exceedances appeared to be                        over the time period, while the Beckjord              assumption that this monitored value
                                                    attributable to the Miami Fort plant or                  plant’s emissions, which were much                    was entirely caused by the Zimmer
                                                    other sources west of the Campbell                       larger than the Zimmer plant’s, also                  plant’s emissions, to develop a
                                                    County SO2 monitor.                                      varied more widely. The data showed                   numerical estimate of the relative worst-
                                                       The third analysis considered                         that the monitored SO2 levels seemed to               case impact of the Zimmer plant
                                                    monitored SO2 values and wind                            fluctuate in a pattern similar to the                 elsewhere within the nonattainment
                                                    directions during the time period of                     Beckjord plant’s emission variations,                 area. The second high monitored value
                                                    January 1, 2012, through February 28,                    falling to its lowest levels when the                 was 24 ppb, and Ohio determined that
                                                    2015. During that period, there were a                   Beckjord plant’s emissions were very                  the Zimmer plant’s highest impact
                                                    total of 10,231 hours when the Beckjord                  low, even as the Zimmer plant’s                       within the nonattainment area relative
                                                    plant’s SO2 emissions were zero. The                     emissions remained relatively steady,                 to that monitored value would be
                                                    Beckjord plant was not operating at all                  which suggests that the Campbell                      approximately 52 ppb. Impacts at this
                                                    in 2015 or during the last four months                   County SO2 monitor was more strongly                  level would not cause exceedances of
                                                    of 2014, and there were 1400–2500                        influenced by the Beckjord plant’s                    the SO2 NAAQS within the
                                                    hours in which the Beckjord plant did                    impacts. Based on these results,                      nonattainment area.
                                                    not emit SO2 during 2012 and 2013 as                     particularly from the trajectory analyses,
                                                    well. Ohio examined the Campbell                         Ohio’s first approach yields a finding                   As a third approach, Ohio and
                                                    County monitored data and found that                     that the violations previously recorded               Kentucky estimated future SO2
                                                    no exceedances of the SO2 NAAQS were                     at the SO2 monitor were primarily                     concentrations in the nonattainment
                                                    measured during these 10,231 hours.                      attributable to emissions from the                    area using a method similar to
                                                    The maximum monitored concentration                      Beckjord plant, which in turn indicates               developing a conservative background
                                                    at the Campbell County SO2 monitor                       that the shutdown of the Beckjord plant               concentration for a typical modeled
                                                    during these hours was 34 ppb. The                       can be expected to result in no further               attainment demonstration. Ohio used
                                                    highest monitored values measured                        violations at this monitoring site.                   Campbell County SO2 monitor data from
                                                    while the Beckjord plant was emitting                       Ohio’s second approach to assessing                2010–2014 for this calculation. Since
                                                    SO2 were typically associated with                       prospects of future violations in the                 the Beckjord plant was operating during
                                                    winds coming from the east and                           nonattainment area was to perform a                   this period, Ohio followed EPA
                                                    southeast, suggesting the Beckjord                       modeling analysis to evaluate the                     guidance to ensure that the monitored
                                                    plant’s influence. The winds associated                  location of the Zimmer plant’s                        values for background did not count
                                                    with the highest monitored values                        maximum impacts and to estimate a                     impacts from the Beckjord plant or the
                                                    during the 10,231 hours without                          worst-case impact within the                          Zimmer plant. Ohio determined the 90
                                                    impacts from the Beckjord plant,                         nonattainment area. This analysis was                 degree wind direction sector for which
                                                    however, came from the west and                          intended to address the potential for                 the Campbell County SO2 monitor could
                                                    southwest. As those monitored values                     violations not just at the monitoring site            be impacted by direct emissions from
                                                    were less than half of the SO2 NAAQS                     (28 km from the Zimmer plant) but also                either power plant, and excluded
                                                    in magnitude, Ohio’s analysis supports                   elsewhere in the nonattainment area.                  monitored hours when winds came
                                                    the assertion that the closing of the                    The Zimmer plant is approximately 11.5                from this sector. Ohio averaged the
                                                    Beckjord plant has led to attainment of                  km from the nearest edge of the                       remaining monitored values in each
                                                    the SO2 NAAQS, and suggests that                         Campbell-Clermont KY-OH SO2                           year, excluding values of zero for
                                                    future violations caused by other nearby                 nonattainment area. Ohio’s analysis                   additional conservatism, and chose the
                                                    sources are unlikely.                                    covered only the time period with                     highest value, 4.4 ppb. Ohio further
                                                       Ohio did not further evaluate the                     available meteorological data after the               refined the analysis to exclude only the
                                                    sources to the north and west of the                     Beckjord plant’s coal units shut down:                45 degree sector centered on the
                                                    nonattainment area due to their distance                 August 30, 2014, to February 28, 2015.                Beckjord plant. The highest average
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                                                    from the area and their emission levels,                 Because this data set is shorter than the             value in this case, which could include
                                                    and because the previously discussed                     five-year period typically used to                    the Zimmer plant’s impacts, was 4.76
                                                    analyses did not indicate that sources                   demonstrate attainment of the SO2                     ppb. Since no significant sources exist
                                                    north and west of the nonattainment                      standard, Ohio used the second high                   now that would be expected to cause
                                                    area have had a significant influence on                 modeled maximum daily value to                        significant concentration gradients
                                                    monitored exceedances. Ohio did,                         represent the 99th percentile, rather                 within the nonattainment area,
                                                    however, specifically evaluate the                       than the fourth high modeled maximum                  conceptually a modeling analysis for
                                                    Zimmer plant for its potential                           daily value. Ohio used a coarse receptor              this area would reflect modeling zero


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                          47147

                                                    emissions, and the final ‘‘modeled’’                     (OAC) 3745–18, and Ohio maintains an                  active enforcement program and
                                                    result would be equal to the background                  active enforcement program to ensure                  permitting program.
                                                    concentration. Since the background                      ongoing compliance. Ohio’s new source                    Section 191 of the CAA requires Ohio
                                                    value could also conservatively include                  review/prevention of significant                      to submit a part D nonattainment SIP for
                                                    actual 2010–2014 contributions from                      deterioration program will address                    the Campbell-Clermont KY-OH
                                                    Cincinnati-area sources which have                       emissions from new sources. Ohio’s                    nonattainment area by April 4, 2015.
                                                    reduced their SO2 emissions since 2014,                  current SO2 SIP rule for Clermont                     Because Ohio submitted its August 11,
                                                    this analysis supports Ohio’s assertion                  County is codified at OAC 3745–18–19.                 2015, redesignation request instead of a
                                                    that the Campbell-Clermont KY-OH                         The existing rule addressing the                      nonattainment SIP, EPA was compelled
                                                    nonattainment area will continue to                      Beckjord plant’s SO2 emissions, OAC                   to include this area in our March 18,
                                                    attain the SO2 NAAQS.                                    3745–18–19(B), remains in the SIP, but                2016, finding of failure to submit (81 FR
                                                       In addition to these analyses, all of                 Ohio has submitted documents which                    14736). However, final promulgation of
                                                    which were provided in Ohio’s                            demonstrate that the facility has closed              this redesignation to attainment would
                                                    redesignation request, Ohio has also                     and is no longer authorized under the                 end any nonattainment plan
                                                    provided relevant information in the                     State’s permitting program to operate.                requirements, and promulgation of this
                                                    separate context of addressing the                                                                             redesignation within 18 months of the
                                                    prospective SO2 designation for the                      V. Permanent and Enforceable Emission
                                                                                                             Reductions                                            finding of failure to submit would result
                                                    more immediate vicinity of the Zimmer                                                                          in no sanctions taking effect.
                                                    plant. Ohio’s September 16, 2015,                          As previously stated, the Beckjord
                                                    submittal provided a full modeling                       plant closed in late 2014, and the                       With the redesignation request of
                                                    analysis in accordance with EPA’s                        monitored improvement in air quality is               August 11, 2015, Ohio submitted
                                                    modeling Technical Assistance                            largely due to this closure. The closure              information addressing the section 172
                                                    Document (TAD) which indicated that                      results in a reduction of 90,835 tpy,                 part D SIP requirements. Ohio
                                                    the maximum concentration estimated                      considering the plant’s 2011 emissions,               submitted an attainment inventory of
                                                    near the Zimmer plant was 56 ppb, at                     representing the time the area was                    the SO2 emissions from sources in the
                                                    a distance just over one kilometer from                  classified nonattainment; or a reduction              nonattainment area. Ohio chose 2011 for
                                                    the plant’s stacks. Based largely on this                of 32,603 tpy, considering the plant’s                its base year emissions inventory, as
                                                    information, EPA wrote to Ohio on                        emissions in 2014, when the area first                comprehensive emissions data was
                                                    February 16, 2016, stating EPA’s                         began to monitor attainment. Upon                     available and updated that year, which
                                                    preliminary intention to promulgate an                   notification of the Beckjord plant’s                  satisfies the 172(c)(3) requirements. The
                                                    unclassifiable/attainment designation                    closure, in accordance with Ohio EPA                  Kentucky portion of the nonattainment
                                                    for all of Clermont County that is not                   policy, Ohio ceased its authorization for             area contained 11 minor point source
                                                    already designated, i.e. for all of                      the facility to operate unless it obtains             facilities. Their combined SO2
                                                    Clermont County except the portion                       a new permit. Ohio EPA provided                       emissions were less than one ton per
                                                    (Pierce Township) that is included in                    documentation of this shutdown in the                 year. The only significant source in the
                                                    the Campbell-Clermont KY-OH                              form of an October 14, 2014, letter from              Ohio portion of the nonattainment area
                                                    nonattainment area. Since the                            Duke Energy Ohio, Inc., to the                        is the Beckjord plant. Area and non-
                                                    Campbell-Clermont KY-OH                                  Southwest Ohio Air Quality Agency. In                 highway mobile source emissions were
                                                    nonattainment area is substantially                      this letter, Duke Energy Ohio, Inc.                   taken from the 2011 National Emissions
                                                    more distant than the peak impacts of                    confirmed that the Beckjord plant’s six               Inventory (NEI), with county-wide
                                                    the Zimmer plant, and the impacts of                     large coal-fired units are permanently                values adjusted based on the population
                                                    the Zimmer plant in the area would                       shut down and removed from service as                 percentages in the nonattainment area.
                                                    therefore be much lower than 56 ppb,                     of October 1, 2014. The letter confirmed              Highway mobile source emissions were
                                                    this modeling provides clear evidence                    that Ohio’s authorization for Duke                    provided by the Ohio-Kentucky-Indiana
                                                    that the Zimmer plant is not causing                     Energy Ohio, Inc. to operate the six                  Regional Council of Governments (OKI),
                                                    violations anywhere in the Campbell-                     units had ceased. The Beckjord plant                  based on dividing the vehicle miles
                                                    Clermont KY-OH nonattainment area. In                    has been demonstrated to be the                       traveled in the nonattainment area by
                                                    summary, the monitored data show                         primary SO2 source which caused the                   the vehicle miles traveled in the entire
                                                    attainment for 2012–2014 and for 2013–                   monitored exceedances. As it has closed               county. Census data and projections
                                                    2015; Ohio has demonstrated that the                     and cannot reopen without applying for                were used to develop growth factors for
                                                    closed Beckjord plant was likely to have                 a new operating permit, EPA agrees that               future years. The attainment year
                                                    caused the previous violations of the                    the improvement in air quality in the                 inventory was based on 2014 emissions,
                                                    SO2 NAAQS; and Ohio has                                  nonattainment area is due to permanent                adjusted for projected growth in the
                                                    demonstrated that neither the Zimmer                     and enforceable emission reductions.                  area, and accounting for the Beckjord
                                                    plant nor other SO2 emissions are                                                                              plant’s closure.
                                                                                                             VI. Requirements for the Area Under                      Table 2 shows the projected
                                                    expected to cause future violations in
                                                                                                             Section 110 and Part D                                inventories. Note that Kentucky’s
                                                    the area. Therefore, EPA agrees that the
                                                    Campbell-Clermont KY-OH                                    Ohio has submitted information                      inventory remains steady at
                                                    nonattainment area is currently                          demonstrating that it meets these                     approximately 8 tpy total, while Ohio’s
                                                    attaining the SO2 NAAQS.                                 requirements. EPA approved Ohio’s                     projected inventory, accounting for the
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                                                                                                             infrastructure SIP for SO2 on August 14,              Beckjord plant’s actual closure, drops
                                                    IV. Ohio’s Section 110(k) SIP                            2015 (80 FR 48733). This infrastructure               from over 90,000 tpy in 2011 to
                                                      EPA has determined that Ohio has a                     SIP approval confirms that Ohio’s SIP                 approximately 8 tpy in the interim and
                                                    fully approved SIP under section 110(k).                 meets the requirements of CAA section                 maintenance years. This large reduction
                                                    Ohio has implemented its SO2 SIP                         110(a)(1) and 110(a)(2) to contain the                is expected to be sufficient to maintain
                                                    regulations at Ohio Administrative Code                  basic program elements, such as an                    the SO2 standard.




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                                                    47148                          Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                                               TABLE 2—CAMPBELL-CLERMONT NONATTAINMENT AREA SO2 EMISSION INVENTORY TOTALS
                                                                                                                                                            [tpy]

                                                                                                                                                           2011               2014 attainment        2020 interim     2027 maintenance
                                                                                                                                                         base-year                 year                 year                year
                                                                                                                                                         emissions

                                                    Ohio .........................................................................................              90,842.51            32,610.56                 8.36               8.46
                                                    Kentucky ..................................................................................                      8.56                 8.54                 8.47               8.27

                                                          Combined total .................................................................                      90,851.07            32,619.10                16.83              16.73



                                                       Section 172(c)(1) requires                                              EPA, 375 F.3d 537 (7th Cir. 2004).3                        need not comply with the requirement
                                                    nonattainment area SIPs to provide for                                     Therefore, because the Campbell-                           that a NSR program be approved prior
                                                    the implementation of all reasonably                                       Clermont KY-OH nonattainment area                          to redesignation, provided that the area
                                                    available control measures (RACM) as                                       has attained the SO2 standard, no                          demonstrates maintenance of the
                                                    expeditiously as practicable and to                                        additional measures are needed to                          NAAQS without part D NSR. A more
                                                    provide for attainment of the NAAQS.                                       provide for attainment, and section                        detailed rationale for this view is
                                                    EPA’s longstanding interpretation of the                                   172(c)(1) requirements for an attainment                   described in a memorandum from Mary
                                                    nonattainment planning requirements of                                     demonstration and RACM are not part                        Nichols, Assistant Administrator for Air
                                                    section 172 is that once an area is                                        of the ‘‘applicable implementation                         and Radiation, dated October 14, 1994,
                                                                                                                               plan’’ required to have been approved                      entitled ‘‘Part D New Source Review
                                                    attaining the NAAQS, those
                                                                                                                               prior to redesignation per CAA section                     Requirements for Areas Requesting
                                                    requirements are not applicable for
                                                                                                                               107(d)(3)(E)(ii). In any case, in the                      Redesignation to Attainment.’’ Ohio has
                                                    purposes of CAA section 107(d)(3)(E)(ii)                                   absence of major point sources, and in                     demonstrated that the Campbell-
                                                    and therefore need not be approved into                                    the context of implemented measures                        Clermont KY-OH nonattainment area
                                                    the SIP before EPA can redesignate the                                     (especially the shutdown of the                            will be able to maintain the NAAQS
                                                    area. In the 1992 General Preamble for                                     Beckjord plant) having achieved                            without part D NSR in effect, and
                                                    Implementation of Title I, EPA set forth                                   attainment, EPA believes that Ohio has                     therefore Ohio does not need to have a
                                                    its interpretation of applicable                                           satisfied the reasonably available                         fully approved part D NSR program
                                                    requirements for purposes of evaluating                                    control measures/reasonably available                      prior to approval of the redesignation
                                                    redesignation requests when an area is                                     control techniques (RACM/RACT)                             request. Ohio’s PSD program will
                                                    attaining a standard. See 57 FR 13498,                                     requirement for this area.                                 become effective in the Campbell-
                                                    13564 (April 16, 1992). EPA noted that                                        The other section 172 requirements                      Clermont KY-OH nonattainment area
                                                    the requirements for reasonable further                                    that are designed to help an area achieve                  upon redesignation to attainment.
                                                    progress (RFP) and other measures                                          attainment are the section 172(c)(2)                          Section 172(c)(7) requires the SIP to
                                                    designed to provide for attainment do                                      requirement that nonattainment plans                       meet the applicable provisions of
                                                    not apply in evaluating redesignation                                      contain provisions promoting                               section 110(a)(2). As noted above, EPA
                                                    requests because those nonattainment                                       reasonable further progress, the                           believes that the Ohio SIP meets the
                                                    planning requirements ‘‘have no                                            requirement to submit the section                          requirements of section 110(a)(2)
                                                    meaning’’ for an area that has already                                     172(c)(9) contingency measures, and the                    applicable for purposes of
                                                                                                                               section 172(c)(6) requirement for the SIP                  redesignation.
                                                    attained the standard. EPA’s
                                                                                                                               to contain control measures necessary to                      Section 176(c) of the CAA requires
                                                    understanding of section 172 also forms                                    provide for attainment of the NAAQS.                       States to establish criteria and
                                                    the basis of its Clean Data Policy, which                                  These are also not required to be                          procedures to ensure that federally
                                                    was articulated with regard to SO2 in                                      approved as part of the ‘‘applicable                       supported or funded projects conform to
                                                    the April 2014 ‘‘Guidance for 1-Hour                                       implementation plan’’ for purposes of                      the air quality planning goals in the
                                                    SO2 Nonattainment Area SIP                                                 satisfying CAA section 107(d)(3)(E)(ii).                   applicable SIP. The requirement to
                                                    Submissions,’’ and suspends a State’s                                         Section 172(c)(4) requires the                          determine conformity applies to
                                                    obligation to submit most of the                                           identification and quantification of                       transportation plans, programs, and
                                                    attainment planning requirements that                                      allowable emissions for major new and                      projects that are developed, funded, or
                                                    would otherwise apply, including an                                        modified stationary sources to be                          approved under title 23 of the United
                                                    attainment demonstration and planning                                      allowed in an area, and section 172(c)(5)                  States Code (U.S.C.) and the Federal
                                                    SIPs to provide for RFP, RACM, and                                         requires source permits for the                            Transit Act (transportation conformity)
                                                    contingency measures under section                                         construction and operation of new and                      as well as to all other federally
                                                    172(c)(9). Courts have upheld EPA’s                                        modified major stationary sources                          supported or funded projects (general
                                                    interpretation of section 172(c)(1) for                                    anywhere in the nonattainment area.                        conformity). State transportation
                                                    ‘‘reasonably available’’ control measures                                  EPA has determined that, since PSD                         conformity SIP revisions must be
                                                    and control technology as meaning only                                     requirements will apply after                              consistent with Federal conformity
                                                    those controls that advance attainment,                                    redesignation, areas being redesignated                    regulations relating to consultation,
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                                                    which precludes the need to require                                          3 Although the Court of Appeals for the Sixth
                                                                                                                                                                                          enforcement, and enforceability that
                                                    additional measures where an area is                                       Circuit has issued a contrary opinion in the context
                                                                                                                                                                                          EPA promulgated pursuant to its
                                                    already attaining. NRDC v. EPA, 571                                        of redesignations for ozone and PM2.5, EPA believes        authority under the CAA. On August 20,
                                                    F.3d 1245, 1252 (D.C. Cir. 2009); Sierra                                   that these opinions, interpreting the applicability of     2014, Ohio submitted documentation
                                                                                                                               the ozone and PM2.5 RACM/RACT requirements for             establishing transportation conformity
                                                    Club v. EPA, 294 F.3d 155, 162 (D.C.                                       redesignations for those pollutants, do not address
                                                    Cir. 2002); Sierra Club v. EPA, 314 F.3d                                   the applicability of the RACM/RACT requirement
                                                                                                                                                                                          procedures in its SIP. EPA approved
                                                    735, 744 (5th Cir. 2002); Sierra Club v.                                   for SO2. See Sierra Club v. EPA, 793 F.3d 656 (6th         these procedures on March 2, 2015 (80
                                                                                                                               Cir. 2015).                                                FR 11133). Moreover, EPA interprets the


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                            47149

                                                    conformity SIP requirements as not                       attainment. Ohio has the authority to                 merely approves State law as meeting
                                                    applying for purposes of evaluating a                    adopt, implement and enforce any                      Federal requirements and does not
                                                    redesignation request under section                      subsequent emissions control measures                 impose additional requirements beyond
                                                    107(d) because, like other requirements                  deemed necessary to correct any future                those imposed by State law. For that
                                                    listed above, State conformity rules are                 SO2 violations. Regarding contingency                 reason, this action:
                                                    still required after redesignation and                   measures to implement in the case of a                   • Is not a significant regulatory action
                                                    Federal conformity rules apply where                     future violation of the SO2 standard,                 subject to review by the Office of
                                                    State rules have not been approved. See                  Ohio did not name a specific control                  Management and Budget under
                                                    Wall v. EPA, 265 F.3d 426 (6th Cir.                      measure, as there are no sources in or                Executive Orders 12866 (58 FR 51735,
                                                    2001) (upholding this interpretation);                   near the nonattainment area with the                  October 4, 1993) and 13563 (76 FR 3821,
                                                    see also 60 FR 62748 (December 7,                        potential to cause a violation. As a                  January 21, 2011);
                                                    1995) (redesignation of Tampa, Florida).                 contingency plan, therefore, Ohio has                    • Does not impose an information
                                                       As discussed above, EPA is proposing                  committed to identify any sources                     collection burden under the provisions
                                                    to find that Ohio has satisfied all                      which cause or contribute to monitored                of the Paperwork Reduction Act (44
                                                    applicable requirements for purposes of                  violations, and follow up with                        U.S.C. 3501 et seq.);
                                                    redesignation of the Campbell-Clermont                   enforcement proceedings, expediting
                                                    KY-OH nonattainment area under                                                                                    • Is certified as not having a
                                                                                                             any necessary corrective actions. SIP
                                                    section 110 and part D of title I of the                                                                       significant economic impact on a
                                                                                                             rules will be revised in accordance with
                                                    CAA.                                                                                                           substantial number of small entities
                                                                                                             Ohio’s rulemaking procedures if new
                                                                                                                                                                   under the Regulatory Flexibility Act (5
                                                    VII. Maintenance Plan                                    control measures are needed. Ohio
                                                                                                             commits to study SO2 emission trends                  U.S.C. 601 et seq.);
                                                       CAA section 175A sets forth the                       and identify areas of concern if the                     • Does not contain any unfunded
                                                    elements of a maintenance plan for                       annual average 99th percentile                        mandate or significantly or uniquely
                                                    areas seeking redesignation from                         maximum daily one-hour SO2                            affect small governments, as described
                                                    nonattainment to attainment. Under                       concentration of 79 ppb or greater                    in the Unfunded Mandates Reform Act
                                                    section 175A, the plan must                              occurs in a single year, or if a two-year             of 1995 (Pub. L. 104–4);
                                                    demonstrate continued attainment of                      average of 76 ppb or greater occurs in                   • Does not have Federalism
                                                    the applicable NAAQS for at least ten                    the maintenance area. Ohio will adopt                 implications as specified in Executive
                                                    years after the nonattainment area is                    and implement corrective actions as                   Order 13132 (64 FR 43255, August 10,
                                                    redesignated to attainment. Eight years                  necessary to address such trends of                   1999);
                                                    after the redesignation, the State must                  increasing emissions or ambient                          • Is not an economically significant
                                                    submit a revised maintenance plan                        impacts. The public will have the                     regulatory action based on health or
                                                    demonstrating that attainment will                       opportunity to participate in the                     safety risks subject to Executive Order
                                                    continue to be maintained for the ten                    contingency measure implementation                    13045 (62 FR 19885, April 23, 1997);
                                                    years following the initial ten-year                     process. EPA proposes to find that                       • Is not a significant regulatory action
                                                    period. To address the possibility of                    Ohio’s maintenance plan adequately                    subject to Executive Order 13211 (66 FR
                                                    future NAAQS violations, the                             addresses the five basic components                   28355, May 22, 2001);
                                                    maintenance plan must contain                            necessary to maintain the SO2 standard
                                                    contingency measures as EPA deems                                                                                 • Is not subject to requirements of
                                                                                                             in the Campbell-Clermont KY-OH                        Section 12(d) of the National
                                                    necessary to assure prompt correction of                 nonattainment area.
                                                    any future one-hour SO2 violations.                                                                            Technology Transfer and Advancement
                                                    Specifically, the maintenance plan                       VIII. What action is EPA taking?                      Act of 1995 (15 U.S.C. 272 note) because
                                                    should address five requirements: The                                                                          application of those requirements would
                                                                                                                In accordance with Ohio’s August 11,
                                                    attainment emissions inventory,                          2015, request, EPA is proposing to                    be inconsistent with the CAA; and
                                                    maintenance demonstration,                               redesignate the Ohio portion of the                      • Does not provide EPA with the
                                                    monitoring, verification of continued                    Campbell-Clermont KY-OH                               discretionary authority to address, as
                                                    attainment, and a contingency plan.                      nonattainment area from nonattainment                 appropriate, disproportionate human
                                                       Ohio’s August 11, 2015, redesignation                 to attainment of the SO2 NAAQS. Ohio                  health or environmental effects, using
                                                    request contains its maintenance plan,                   has demonstrated that the area is                     practicable and legally permissible
                                                    which Ohio has committed to review                       attaining the SO2 standard, and that the              methods, under Executive Order 12898
                                                    eight years after redesignation. Ohio                    improvement in air quality is due to the              (59 FR 7629, February 16, 1994).
                                                    submitted an attainment emission                         permanent and enforceable shutdown of                    In addition, the SIP is not approved
                                                    inventory which addresses current                        the main SO2 source in the                            to apply on any Indian reservation land
                                                    emissions and projections of future                      nonattainment area. EPA is proposing to               or in any other area where EPA or an
                                                    emissions, for point, area, and mobile                   approve the maintenance plan that Ohio                Indian tribe has demonstrated that a
                                                    sources. Total SO2 emissions in the                      submitted to ensure that the area will                tribe has jurisdiction. In those areas of
                                                    nonattainment area were 90,851 tpy in                    continue to maintain the SO2 standard.                Indian country, the rule does not have
                                                    the base year, 2011; 32,619 tpy in the                                                                         tribal implications and will not impose
                                                    attainment year, 2014; and 16.7 tpy in                   IX. Statutory and Executive Order                     substantial direct costs on tribal
                                                    the projected future years between 2017                  Reviews                                               governments or preempt tribal law as
                                                    and 2027 (see Table 2). Ohio has                           Under the CAA, the Administrator is                 specified by Executive Order 13175 (65
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                                                    demonstrated that after the closure of                   required to approve a SIP submission                  FR 67249, November 9, 2000).
                                                    the Beckjord plant, the area is attaining                that complies with the provisions of the
                                                                                                                                                                   List of Subjects in 40 CFR Part 52
                                                    and is expected to maintain the SO2                      CAA and applicable Federal regulations.
                                                    NAAQS. Kentucky has committed to                         42 U.S.C. 7410(k); 40 CFR 52.02(a).                     Environmental protection, Air
                                                    continue monitoring at the Campbell                      Thus, in reviewing SIP submissions,                   pollution control, Incorporation by
                                                    County site in accordance with the                       EPA’s role is to approve State choices,               reference, Intergovernmental relations,
                                                    requirements of 40 CFR part 58. These                    provided that they meet the criteria of               Reporting and recordkeeping
                                                    data will be used to verify continued                    the CAA. Accordingly, this action                     requirements, Sulfur oxides.


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                                                    47150                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                      Dated: July 11, 2016.                                  DC 20460–0001. As part of the mailing                 enforcement of environmental laws,
                                                    Robert A. Kaplan,                                        address, include the contact person’s                 regulations, and policies. To help
                                                    Acting Regional Administrator, Region 5.                 name, division, and mail code. The                    address potential environmental justice
                                                    [FR Doc. 2016–17054 Filed 7–19–16; 8:45 am]              division to contact is listed at the end              issues, the Agency seeks information on
                                                    BILLING CODE 6560–50–P
                                                                                                             of each pesticide petition summary.                   any groups or segments of the
                                                                                                             SUPPLEMENTARY INFORMATION:                            population who, as a result of their
                                                                                                                                                                   location, cultural practices, or other
                                                                                                             I. General Information                                factors, may have atypical or
                                                    ENVIRONMENTAL PROTECTION
                                                    AGENCY                                                   A. Does this action apply to me?                      disproportionately high and adverse
                                                                                                                                                                   human health impacts or environmental
                                                    40 CFR Parts 174 and 180                                    You may be potentially affected by                 effects from exposure to the pesticides
                                                                                                             this action if you are an agricultural                discussed in this document, compared
                                                    [EPA–HQ–OPP–2015–0032; FRL–9948–45]                      producer, food manufacturer, or                       to the general population.
                                                                                                             pesticide manufacturer. The following
                                                    Receipt of Several Pesticide Petitions                   list of North American Industrial                     II. What action is the Agency taking?
                                                    Filed for Residues of Pesticide                          Classification System (NAICS) codes is                   EPA is announcing its receipt of
                                                    Chemicals in or on Various                               not intended to be exhaustive, but rather             several pesticide petitions filed under
                                                    Commodities                                              provides a guide to help readers                      section 408 of the Federal Food, Drug,
                                                    AGENCY:  Environmental Protection                        determine whether this document                       and Cosmetic Act (FFDCA), 21 U.S.C.
                                                    Agency (EPA).                                            applies to them. Potentially affected                 346a, requesting the establishment or
                                                    ACTION: Notice of filing of petitions and
                                                                                                             entities may include:                                 modification of regulations in 40 CFR
                                                    request for comment.                                        • Crop production (NAICS code 111).                part 174 or part 180 for residues of
                                                                                                                • Animal production (NAICS code                    pesticide chemicals in or on various
                                                    SUMMARY:   This document announces the                   112).                                                 food commodities. The Agency is taking
                                                    Agency’s receipt of several initial filings                 • Food manufacturing (NAICS code                   public comment on the requests before
                                                    of pesticide petitions requesting the                    311).                                                 responding to the petitioners. EPA is not
                                                    establishment or modification of                            • Pesticide manufacturing (NAICS                   proposing any particular action at this
                                                    regulations for residues of pesticide                    code 32532).                                          time. EPA has determined that the
                                                    chemicals in or on various commodities.                     If you have any questions regarding                pesticide petitions described in this
                                                                                                             the applicability of this action to a                 document contain the data or
                                                    DATES: Comments must be received on
                                                                                                             particular entity, consult the person                 information prescribed in FFDCA
                                                    or before August 19, 2016.
                                                                                                             listed under FOR FURTHER INFORMATION                  section 408(d)(2), 21 U.S.C. 346a(d)(2);
                                                    ADDRESSES: Submit your comments,                         CONTACT for the division listed at the                however, EPA has not fully evaluated
                                                    identified by docket identification (ID)                 end of the pesticide petition summary of              the sufficiency of the submitted data at
                                                    number and the pesticide petition                        interest.                                             this time or whether the data support
                                                    number (PP) of interest as shown in the
                                                                                                             B. What should I consider as I prepare                granting of the pesticide petitions. After
                                                    body of this document, by one of the
                                                                                                             my comments for EPA?                                  considering the public comments, EPA
                                                    following methods:
                                                                                                                                                                   intends to evaluate whether and what
                                                      • Federal eRulemaking Portal: http://                     1. Submitting CBI. Do not submit this              action may be warranted. Additional
                                                    www.regulations.gov. Follow the online                   information to EPA through                            data may be needed before EPA can
                                                    instructions for submitting comments.                    regulations.gov or email. Clearly mark                make a final determination on these
                                                    Do not submit electronically any                         the part or all of the information that               pesticide petitions.
                                                    information you consider to be                           you claim to be CBI. For CBI                             Pursuant to 40 CFR 180.7(f), a
                                                    Confidential Business Information (CBI)                  information in a disk or CD–ROM that                  summary of each of the petitions that
                                                    or other information whose disclosure is                 you mail to EPA, mark the outside of the              are the subject of this document,
                                                    restricted by statute.                                   disk or CD–ROM as CBI and then                        prepared by the petitioner, is included
                                                      • Mail: OPP Docket, Environmental                      identify electronically within the disk or            in a docket EPA has created for each
                                                    Protection Agency Docket Center (EPA/                    CD–ROM the specific information that                  rulemaking. The docket for each of the
                                                    DC), (28221T), 1200 Pennsylvania Ave.                    is claimed as CBI. In addition to one                 petitions is available at http://
                                                    NW., Washington, DC 20460–0001.                          complete version of the comment that                  www.regulations.gov.
                                                      • Hand Delivery: To make special                       includes information claimed as CBI, a                   As specified in FFDCA section
                                                    arrangements for hand delivery or                        copy of the comment that does not                     408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
                                                    delivery of boxed information, please                    contain the information claimed as CBI                publishing notice of the petition so that
                                                    follow the instructions at http://                       must be submitted for inclusion in the                the public has an opportunity to
                                                    www.epa.gov/dockets/contacts.html.                       public docket. Information so marked                  comment on this request for the
                                                      Additional instructions on                             will not be disclosed except in                       establishment or modification of
                                                    commenting or visiting the docket,                       accordance with procedures set forth in               regulations for residues of pesticides in
                                                    along with more information about                        40 CFR part 2.                                        or on food commodities. Further
                                                    dockets generally, is available at http://                  2. Tips for preparing your comments.               information on the petition may be
                                                    www.epa.gov/dockets.                                     When preparing and submitting your                    obtained through the petition summary
                                                    FOR FURTHER INFORMATION CONTACT:                         comments, see the commenting tips at                  referenced in this unit.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Susan Lewis, Registration Division (RD)                  http://www.epa.gov/dockets/
                                                    (7505P), main telephone number: (703)                    comments.html.                                        New Tolerances
                                                    305–7090; email address:                                    3. Environmental justice. EPA seeks to               PP 5F8379. EPA–HQ–OPP–2015–
                                                    RDFRNotices@epa.gov. The mailing                         achieve environmental justice, the fair               0559. Bayer CropScience, 2 T.W.
                                                    address for each contact person is:                      treatment and meaningful involvement                  Alexander Drive, Research Triangle
                                                    Office of Pesticide Programs,                            of any group, including minority and/or               Park, NC 27709, requests to establish a
                                                    Environmental Protection Agency, 1200                    low-income populations, in the                        tolerance in 40 CFR part 180 for
                                                    Pennsylvania Ave. NW., Washington,                       development, implementation, and                      residues of the fungicide penflufen, (1H-


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Document Created: 2018-02-08 07:57:26
Document Modified: 2018-02-08 07:57:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 19, 2016.
ContactMary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-5954, [email protected]
FR Citation81 FR 47144 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides

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