[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Rules and Regulations]
[Pages 41925-41928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13452]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2019-0577; FRL-10010-63-Region 3]
Air Plan Approval; West Virginia; Redesignation and Maintenance
Plan for the West Virginia Portion of the Steubenville Sulfur Dioxide
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
request from the State of West Virginia to redesignate to attainment
its respective portion of the Steubenville, Ohio-West Virginia multi-
state sulfur dioxide (SO2) nonattainment area (referred to
as the ``Steubenville Nonattainment Area'' or the ``Area'') for the
2010 1-hour SO2 primary national ambient air quality
standard (NAAQS) (also referred to as the ``2010 SO2
NAAQS''). EPA is also approving, as a revision to the West Virginia
state implementation plan (SIP), West Virginia's maintenance plan for
its portion of the Steubenville Nonattainment Area. Emissions of
SO2 in the Area have been reduced, and monitored ambient
SO2 readings in the nonattainment area are currently well
below the 2010 SO2 NAAQS.
DATES: This final rule is effective on August 12, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0577. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via
[[Page 41926]]
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Steubenville Nonattainment Area is comprised of a portion of
Jefferson County, Ohio and a portion of Brooke County, West
Virginia.\1\ On October 22, 2019 (84 FR 56385), EPA approved the
attainment plans for the Steubenville Nonattainment Area as well as new
emissions limits for the primary SO2 sources in the Area.
These sources include: (1) The American Electric Power (AEP) Cardinal
Power Plant (referred to as ``Cardinal Power Plant'') located in
Brilliant, Ohio; (2) the JSW Steel USA Ohio facility (JSW Steel) in
Mingo Junction, Ohio; (3) the Mingo Junction Energy Center, also in
Mingo Junction, Ohio; and (4) Mountain State Carbon (MSC) in
Follansbee, West Virginia.\2\ EPA redesignated the Ohio portion of the
Steubenville Nonattainment Area to attainment on November 29, 2019 (84
FR 65683).
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\1\ The Ohio portion of the nonattainment area included Cross
Creek Township, Steubenville Township, Warren Township, Wells
Township, and Steubenville City in Jefferson County. 40 CFR 81.336.
The West Virginia portion of the nonattainment area is the Cross
Creek Tax District in Brooke County. 40 CFR 81.349.
\2\ The attainment plan for the Steubenville Nonattainment Area
included dispersion modeling demonstrating that the Steubenville
Nonattainment Area had attained the 2010 SO2 NAAQS based
on the allowable emissions from Cardinal Power Plant, JSW Steel,
Mingo Junction Energy Center, and MSC. The emissions limits for
Cardinal Power Plant, JSW Steel, and Mingo Junction Energy Center
are approved into the Ohio SIP under Chapter 3745-18. See 40 CFR
52.1870(c). The emissions limits for MSC are included in a consent
order dated September 29, 2017 (Consent Order Number CO-SIP-C-2017-
9), which is approved into the West Virginia SIP. 84 FR 56385
(October 22, 2019); 40 CFR 52.2520(d). The emissions limits for all
four facilities are permanent and Federally enforceable.
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On August 22, 2019, West Virginia submitted a request to
redesignate the West Virginia portion of the Steubenville Nonattainment
Area. On March 20, 2020 (85 FR 16038), EPA published a notice of
proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM,
EPA proposed approval of West Virginia's request to redesignate to
attainment its portion of the Steubenville Nonattainment Area as well
as West Virginia's corresponding maintenance plan for the Area.
II. Summary of SIP Revision and EPA Analysis
EPA reviewed West Virginia's redesignation request and found that
West Virginia's portion of the Steubenville Nonattainment Area
satisfies the Clean Air Act (CAA) section 107(d)(3)(E) requirements for
redesignation. EPA also found that West Virginia's maintenance plan for
the Area satisfies the requirements of CAA section 175A. EPA's
rationale for this action can be found in the March 20, 2020 NPRM.
EPA received one adverse comment on the proposal. As discussed in
section III in this final rule's preamble, EPA concludes that West
Virginia has satisfied the relevant requirements of CAA section
107(d)(3)(E) for the redesignation of its portion of the Steubenville
Nonattainment Area. Therefore, EPA is redesignating West Virginia's
portion of the Steubenville Nonattainment Area to attainment for the
2010 SO2 NAAQS and is approving, as a revision to the West
Virginia SIP, the corresponding maintenance plan for the Area.
III. Public Comments and EPA Response
EPA received one comment on the March 20, 2020 NPRM. The comment
and EPA's response are discussed below. The comment is included in the
docket for this action, available online at www.regulations.gov, Docket
ID: EPA-R03-OAR-2019-0577.
Comment: On April 20, 2020, EPA received an anonymous comment on
the NPRM. The commenter questioned how West Virginia can confirm the
current compliance of the modeled facilities (i.e., Cardinal Power
Plant, JSW Steel, Mingo Junction Energy Center, and MSC) in the
Steubenville Nonattainment Area when three of the four facilities are
not within West Virginia's jurisdiction. The commenter requests that
EPA independently determine whether all four facilities are currently
in compliance with their modeled limits.
EPA Response: States generally have the best information on the
compliance status of sources within their jurisdiction. Therefore, EPA
is primarily relying on Ohio to provide information on the compliance
status of the Ohio sources and West Virginia to provide information on
the compliance status of the West Virginia source. Ohio Environmental
Protection Agency (OEPA)'s request for redesignation confirmed that the
modeled facilities located in its portion of the Area (i.e., Cardinal
Power Plant, JSW Steel, and Mingo Junction Energy Center) are in full
compliance with their emission limits.\3\ EPA accepted and concurred
with this statement regarding compliance by Ohio sources explicitly in
its September 20, 2019 NPRM proposing approval of Ohio's redesignation
request and implicitly in its November 29, 2019 final rulemaking notice
(FRN). See 84 FR 49492 and 84 FR 65683.
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\3\ See also Appendix D of West Virginia's August 22, 2019
submittal included in the docket for this rulemaking action,
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2019-0577.
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West Virginia has provided adequate assurance that MSC, the only
primary SO2 source within West Virginia's portion of the
Steubenville Nonattainment Area, is in compliance with its emissions
limits as well as other conditions of the September 29, 2017 consent
order (Consent Order Number CO-SIP-C-2017-9).\4\ Appendix C of West
Virginia's August 22, 2019 submittal includes documentation of MSC's
compliance with the consent order, including an August 9, 2016 letter
from MSC confirming the disconnection of the coke oven gas (COG)
pipeline to Mingo Junction Energy Center and a February 1, 2017 letter
verifying that the data acquisition and monitoring system required by
the consent order is operational.\5\ In the February 1, 2017 letter,
MSC also commits to submitting the quarterly reports required by the
consent order. EPA has reviewed the quarterly reports submitted by MSC
to the WVDEP from October 1, 2017 to March 31, 2020,\6\ and finds that
MSC is complying with the emissions limits, in accordance with the SIP-
approved consent order, that were used in the modeling demonstration
for the Steubenville Nonattainment Area.\7\
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\4\ As stated previously, the emissions limits in the September
29, 2017 consent order were used for the modeling included in the
attainment demonstration for the Steubenville Nonattainment Area.
The consent order is approved in the West Virginia SIP and is
permanent and Federally enforceable.
\5\ The September 29, 2017 consent order (Consent Order Number
CO-SIP-C-2017-9) supersedes and replaces a previous consent order
(Consent Order Number CO-SIP-2015-14). Consent Order Number CO-SIP-
2015-14 required MSC to physically disconnect the COG pipeline
leading to Mingo Junction Energy Center by January 1, 2017. It also
required MSC to install, operate, and maintain a continuous
monitoring system (CMS) and submit quarterly reports to the West
Virginia Department of Environmental Protection (WVDEP) beginning
with the January 1 through March 31, 2017 quarter. MSC submitted the
August 9, 2016 and February 1, 2017 letters to WVDEP in order to
demonstrate compliance with these requirements of Consent Order
Number CO-SIP-2015-14. These requirements are also included in the
September 29, 2017 consent order that replaced Consent Order Number
CO-SIP-2015-14 and was approved into the West Virginia SIP. 84 FR
56385 (October 22, 2019); 40 CFR 52.2520(d).
\6\ Consent Order Number CO-SIP-C-2017-9 was effective September
29, 2017. Therefore, the applicable period for determining
compliance with the emissions limits contained in the September 29,
2017 consent order is October 1, 2017 to March 31, 2020, which is
the most recent completed quarter.
\7\ The quarterly reports are included in the docket for this
rulemaking, available online at https://www.regulations.gov, Docket
ID: EPA-R03-OAR-2019-0577.
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[[Page 41927]]
As mentioned previously, the emissions limits on Cardinal Power
Plant, JSW Steel, Mingo Junction Energy Center, and MSC are all
permanent and federally enforceable. These four sources are all subject
to monitoring, testing, recordkeeping, and reporting requirements to
assure compliance with the SO2 emissions limits. WVDEP and
OEPA have comprehensive programs to identify sources of violations of
the SO2 NAAQS and approved compliance and enforcement
programs to address violations. WVDEP has committed to continuing the
enforcement of all rules related to SO2 emissions in the
Steubenville Nonattainment Area and has verified that it has the legal
authority and necessary resources to actively enforce any violations of
its rules or permit provisions.
EPA finds that MSC is complying with the emissions limits set forth
in the September 29, 2017 consent order. EPA also continues to believe
that the sources in the Ohio portion of the area are complying with
limits in the approved attainment plan, which West Virginia and EPA
rely upon in concluding that West Virginia's portion of the area is
attaining the standard. EPA continues to find that West Virginia's
August 22, 2019 submittal satisfies the CAA section 107(d)(3)(E)
requirements for the redesignation of the West Virginia portion of the
Steubenville Nonattainment Area. Therefore, EPA is finalizing the
redesignation of the West Virginia portion of the Steubenville
Nonattainment Area for the 2010 SO2 NAAQS.
IV. Final Action
EPA is approving the redesignation of the West Virginia portion of
the Steubenville Nonattainment Area (i.e., Cross Creek Tax District in
Brooke County) from nonattainment to attainment of the 2010
SO2 NAAQS. EPA is also approving, as a revision to the West
Virginia SIP, West Virginia's maintenance plan for the Steubenville
Nonattainment Area. EPA has found that the maintenance plan
demonstrates maintenance of the SO2 NAAQS through 2030 in
the Steubenville Nonattainment Area and satisfies the requirements of
CAA section 175A.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act 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 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 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).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 11, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the redesignation of the Steubenville
Nonattainment Area and associated maintenance plan may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
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Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 16, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
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2. In Sec. 52.2520, amend paragraph (e) by adding in the table an
entry for ``2010 Sulfur Dioxide Maintenance Plan'' at the end of the
table to read as follows:
Sec. 52.2520 Identification of plan.
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(e) * * *
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Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
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* * * * * * *
2010 Sulfur Dioxide Maintenance Steubenville Area 08/22/19 7/10/2020, [insert Docket No. 2019-
Plan. (Cross Creek Tax Federal Register 0577.
District, Brooke citation].
County).
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0
3. Section 52.2525 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2525 Control strategy: Sulfur dioxide.
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(d) EPA approves the maintenance plan for Cross Creek Tax District,
Brooke County, West Virginia, submitted by the Department of
Environmental Protection on August 22, 2019.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
5. In Sec. 81.349 amend the table ``West Virginia--2010 Sulfur Dioxide
NAAQS [Primary]'' by revising the entry for ``Steubenville, OH-WV'' to
read as follows:
Sec. 81.349 West Virginia.
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West Virginia--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area 1 3 ---------------------------------------
Date \2\ Type
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Steubenville, OH-WV............. 8/12/2020
Brooke County (part)........ 8/12/2020 Attainment.
Area bounded by the 8/12/2020
Cross Creek Tax
District.
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\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Mineral County will be designated by December 31, 2020.
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[FR Doc. 2020-13452 Filed 7-10-20; 8:45 am]
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