Designation of Areas for Air Quality Planning Purposes; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OH31-1-5650; FRL-4852-5]

Designation of Areas for Air Quality Planning Purposes; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

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SUMMARY: On August 6, 1992, USEPA received maintenance plans and a

request from the Ohio Environmental Protection Agency (OEPA) for

redesignation of Coshocton, Gallia, Morgan, and Washington Counties

from nonattainment to attainment for sulfur dioxide (SO2). USEPA

is proposing to approve the maintenance plans and redesignation request

for Morgan and Washington Counties and deferring action with respect to

the submittal for Coshocton and Gallia Counties.

DATES: Comments on the request and the proposed USEPA action must be

received by April 18, 1994.

ADDRESSES: Written comments should be addressed to: William MacDowell,

Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),

U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the materials submitted by the State and the February 9,

1994, technical support document are available at the following

addresses for review: (It is recommended that you telephone John

Summerhays at (312) 886-6067, before visiting the Region 5 office.)

U.S. Environmental Protection Agency (AE-17J), Region 5, Air

Enforcement Branch, 77 West Jackson Blvd., Chicago, Illinois 60604-

3590.

FOR FURTHER INFORMATION CONTACT: John Summerhays, Air Enforcement

Branch (AE-17J), U.S. Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 886-6067

SUPPLEMENTARY INFORMATION:

I. Background

Under section 107(d) of the Clean Air Act, as amended in 1977,

USEPA promulgated designations of whether each area in the country was

attaining the National Ambient Air Quality Standards (NAAQS). (See

Federal Register of March 3, 1978 (43 FR 8962), and October 5, 1978 (43

FR 45993).) Included among these designations were nonattainment

designations for SO2 for Coshocton, Gallia, Morgan, and Washington

Counties in Ohio. The Clean Air Act Amendments of 1990 provided for

both continuation of preexisting SO2 designations and new criteria

and procedures for redesignations. These criteria are discussed in the

``General Preamble for the Implementation of Title I of the Clean Air

Act Amendments of 1990,'' published at 57 FR 13498 on April 16, 1992,

and in a USEPA memorandum from John Seitz to the Regional Air Division

Directors entitled ``Redesignation and Maintenance Plan Requirements

for Nonattainment Areas,'' dated September 4, 1992.

On August 6, 1992, USEPA received a submittal from the Ohio

Environmental Protection Agency (OEPA) requesting redesignation of

Coshocton, Gallia, Morgan, and Washington Counties from nonattainment

to attainment for SO2. This submittal also included air quality

data summaries and daily coal sampling data for the four major power

plants in the four counties. A subsequent submittal dated July 30,

1993, provided stack test data for one of these facilities and

indicated that stack test data for the other facilities would be sent

shortly.

II. Review of State Submittal

Section 107(d)(3)(E) of the amended Act provides that

redesignations of areas from nonattainment to attainment can be

approved only if five criteria are met:

(i) USEPA determines that the area has attained the NAAQS;

(ii) USEPA has fully approved the relevant implementation plan;

(iii) USEPA determines that the improvement in air quality is

due to permanent and enforceable reductions in emissions resulting

from implementation of the applicable implementation plan and

applicable Federal air pollutant control regulations and other

permanent and enforceable reductions;

(iv) USEPA has fully approved a maintenance plan for the area as

meeting the requirements of Section 175A; and

(v) the State containing such area has met all requirements

applicable to the area under Section 110 and part D.

These criteria and the extent to which these criteria are satisfied

are discussed individually in the following subsections.

A. Attainment of the SO2 NAAQS

Air quality standards for SO2 have been set for three

averaging times: annual (at a level of 80 micrograms per cubic meter

(g/m3)), 24-hour (at a level of 365 g/m3),

and 3-hour (at a level of 1300 g/m3). Two types of

information are used to assess whether these standards are met: ambient

monitoring data, and dispersion modeling estimates. Monitoring is

generally conducted at too few locations to fully represent air quality

near significant SO2 sources. Therefore, it is common to rely more

on dispersion modeling results in assessing areas' attainment status.

Indeed, in 1976, for much of Ohio including the four counties addressed

in Ohio's redesignation request, USEPA promulgated emissions limits

found through modeling to be necessary to assure attainment. The

nonattainment designations promulgated in 1978 for these four counties

reflected comparison of the sources' emissions with these promulgated

limits. (See Federal Register notices cited above.) Conversely, a

redesignation of these four counties to attainment must be supported by

modeling information as well as by any available monitoring

information. Provided that the source mix in the areas remains largely

unchanged, the modeling information may reflect the modeling underlying

the applicable limits (whether approved State limits or federally

promulgated limits). This would involve the State demonstrating

attainment by showing that emissions levels are within limits that

USEPA found would assure attainment. In the typical case involving a

relatively small number of sources with explicit limits that dominate

ambient concentrations, such a demonstration would be required to show

compliance for all such sources.

USEPA has examined ambient monitoring data from the Air Information

Retrieval System (AIRS) data base for 1980 to 1992 in the four

counties. These data indicate exceedance of an SO2 standard on

only one occasion, an exceedance in 1991 of the 3-hour average standard

in Morgan County. The 3-hour and 24-hour average standards are not

violated unless 2 or more exceedances occur in a year. Therefore, no

SO2 violations were recorded in the four county region during the

13 years examined.

The submittal of fuel quality data to support the State's request

raises several issues. The first issue is whether fuel quality data may

be used to indicate attainment status, even though stack testing is the

compliance test method USEPA has approved for sources subject to State

Implementation Plan (SIP) limits and promulgated for sources subject to

Federal Implementation Plan (FIP) limits. Since the purpose of this

review is to assess air quality and not individual source compliance,

USEPA judges the use of fuel quality data to be appropriate. Indeed,

fuel quality data in conjunction with atmospheric dispersion analyses

(in this case previously completed analyses) can provide information

both for a broader set of times than stack testing and for a broader

set of locations than ambient monitoring.

An associated issue involves appropriate averaging times. The

State's rules provide for 30-day averaging of fuel quality data, and

USEPA has adopted a policy that gives enforcement priority to sources

violating applicable limits on a 30-day average basis. Nevertheless,

for purposes of reviewing whether the four counties are attaining the

24-hour average SO2 standards, daily fuel quality information was

used. Fuel quality data showing daily compliance with emissions limits

which modeling showed would assure attainment is considered evidence of

attainment of both the annual average and the 24-hour average

standards. For the 3-hour standard, fuel quality data indicating

continuous compliance on a 24-hour average basis is to be supplemented

by stack test results demonstrating compliance on this shorter

averaging time.

An additional issue pertaining to the use of fuel quality data

involves the appropriate conversion factor from fuel sulfur content to

SO2 emissions. Ohio's rules provide a conversion factor for coal

of 1.9 pounds of SO2 emissions per pound of sulfur in fuel.

However, USEPA currently believes that 1.95 pounds of SO2 are

emitted per pound of sulfur in coal. USEPA's review of the State's fuel

quality information used this slightly higher conversion factor.

In support of its redesignation request, the State provided

available 1989 to 1991 daily coal quality data for Ohio Valley Electric

Corporation's Kyger Creek Station (in Gallia County), Ohio Power

Company's Gavin Station (also in Gallia County) and Muskingham River

Station (in Morgan and Washington Counties), and Columbus and Southern

Ohio Electric Company's Conesville Station (in Coshocton County). The

State also provided results of multiple stack tests at the Muskingham

River Station, and committed to send results of recently completed

stack tests for the other plants in the near future. Although three of

the four counties also include at least one industrial source subject

to source-specific emissions limits, these sources are not located in

the portion of the county designated nonattainment and do not

significantly affect nonattainment area air quality.

The fuel quality data submitted by the State indicate no recent

violations of air quality standards in the four counties. The Kyger

Creek data showed no exceedances of the applicable limit on any day

during the 3 years. The Gavin data showed exceedances for a single

boiler on three occasions in 1989, but no exceedances in 1990 or 1991.

The Muskingham River data showed numerous exceedances through May 1989,

but then during the subsequent 2\1/2\ years only one occasion of coal

for one boiler exceeding the applicable limit. On this occasion the

fuel quality for other boilers was enough below the applicable limit to

compensate for the exceedance at the one boiler, such that use of the

actual fuel qualities in the modeling analysis underlying the approved

SIP would indicate attainment. Finally, the Conesville data indicated

an exceedance at all boilers in April 1989, but no exceedances in the

subsequent 2\1/2\ years. These periods of compliance, reflecting the

most recent available data, provide sufficient basis for USEPA to

conclude that these areas are now attaining annual average and 24-hour

average air quality standards.

The fuel quality data, in conjunction with stack test data for the

Muskingham River Station, also indicate attainment of the 3-hour

average standard in Morgan and Washington Counties. USEPA has not

received stack test data for Coshocton or Gallia Counties, and has not

evaluated whether these counties are attaining the 3-hour standard.

B. Fully Approved Implementation Plan

The second criterion for redesignation to attainment, given in

section 107(d)(3)(E)(ii), is that the plan be fully approved under

section 110(k). The plan for the Morgan and Washington Counties

nonattainment area was approved on May 20, 1988 (53 FR 18087). Although

this approval was granted under section 110(a)(2) rather than section

110(k), section 110(a)(2) was the predecessor of and contained similar

provisions as section 110(k) prior to the enactment of section 110(k)

in the Clean Air Act Amendments of 1990. Thus, USEPA views approval of

a SIP under section 110(a)(2) prior to the enactment of the 1990

amendments as sufficient to satisfy the criterion of section

107(d)(3)(E)(ii).

The key elements of the plans for Coshocton and Gallia Counties are

Federal Implementation Plan (FIP) limits promulgated under section

110(c). Based on questions as to whether such plans satisfy the

requirements of section 107(d)(3)(E)(ii), USEPA is deferring action on

Ohio's request for these two counties.

C. Permanent and Enforceable Emission Reductions

The third criterion for redesignation to attainment is that the

improvement be attributable to permanent and enforceable emissions

reductions. For SO2, this criterion could be satisfied, for

example, by showing that the key sources have switched to fuels with

sufficiently lower sulfur content to meet permanent, federally

enforceable fuel quality limits that provide for attainment. For the

four counties subject to the State's redesignation request, this

criterion is met because the air quality improvement is due to sources

switching to coal supplies with reduced sulfur content in order to meet

enforceable limits.

D. Maintenance Plan

The fourth criterion is that USEPA has fully approved a maintenance

plan pursuant to section 175A. Section 175A requires a plan that

assures maintenance of the air quality standard for at least 10 years

beyond the date of redesignation, and includes contingency measures as

necessary to assure prompt correction of any violations. USEPA has

published guidance that for SO2, contingency measure requirements

under section 172(c)(9) (for SIPs) may be satisfied by a State having

an aggressive program for identifying and resolving any instances of

sources not complying with limits established to assure attainment.

(See 57 FR 13547.) Such an enforcement program would also satisfy

SO2 contingency measure requirements under section 175A. Ohio

submitted a maintenance plan in conjunction with its redesignation

request. This action addresses Ohio's maintenance plan as well as its

redesignation request.

The maintenance plan submitted by Ohio includes federally mandated

reductions in diesel fuel sulfur content and the expected power plant

emission reductions due to acid rain requirements under Title IV of the

Clean Air Act. In addition, Ohio maintains active tracking of the

compliance status of sources and commences enforcement action upon

identifying violators, thereby assuring prompt correction of any

violations of the air quality standards attributable to the existing

set of sources. Furthermore, for any new sources with the potential to

cause air quality standard violations, Federal requirements for the

Prevention of Significant Deterioration include provisions to prevent

new violations of the standard. Therefore, USEPA considers the

requirements of section 175A met, and is proposing to approve Ohio's

maintenance plan for SO2 for Morgan and Washington Counties. (For

reasons stated previously, USEPA is not proposing action today with

respect to the requests for Coshocton and Gallia Counties, and

accordingly is also not proposing action on the maintenance plan for

these counties.) If the maintenance plan for Morgan and Washington

Counties is approved as proposed, Ohio would then satisfy the fourth

criterion for redesignation of these counties to attainment.

E. Requirements Under Section 110 and Part D

The fifth criterion is that all requirements under section 110 and

part D of Title I have been met. USEPA approved the SIP for the Morgan

and Washington County nonattainment area on May 20, 1988, at 53 FR

18087. Accordingly, the fifth criterion is satisfied for this area.

USEPA is not undertaking rulemaking today on whether the federally

promulgated limits satisfy this criterion for Coshocton or Gallia

Counties.

III. Summary of Action

USEPA has reviewed the State's submittals and other related

material and has concluded that the maintenance plan and redesignation

request for Morgan and Washington Counties satisfy the applicable

criteria for approval. Consequently, USEPA proposes to approve the

maintenance plan for SO2 for Morgan and Washington Counties, and

to redesignate these two counties to attainment. USEPA is deferring

action with respect to Ohio's maintenance plans and redesignation

requests for Coshocton and Gallia Counties.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small business, small not-for-profit enterprises, and

government entities with jurisdiction over populations of less than

50,000.

Redesignation of an area either to nonattainment or to attainment

does not impose any new requirements on small entities. Redesignation

is an action that affects the status of a geographical area and does

not impose any regulatory requirements on sources. The Administrator

certifies that the approval of the redesignation request will not

affect a substantial number of small entities.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request redesignations. Each

redesignation request shall be considered separately in light of

specific technical, economic, and environmental factors and in relation

to relevant statutory and regulatory requirements.

This action has been classified as a Table Two action by the

Regional Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), based on revised SIP

processing review tables approved by the Acting Assistant Administrator

for Air and Radiation on October 4, 1993 (Michael Shapiro's memorandum

to Regional Administrators). On January 6, 1989, the Office of

Management and Budget waived Tables Two and Three SIP revisions (54 FR

222) from the requirements of section 3 of Executive Order 12291 for a

period of 2 years. USEPA has submitted a request for a permanent waiver

for Table 2 and Table 3 SIP revisions. OMB has agreed to continue the

temporary waiver until such time as it rules on USEPA's request. This

request continued in effect under Executive Order 12866, which

superseded Executive Order 12291 on September 30, 1993.

Authority: 42 U.S.C. 7401-7671q.

Dated: February 18, 1994.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 94-6456 Filed 3-17-94; 8:45 am]

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