Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Cleveland-Akron-Lorain Area to Attainment for Ozone, 27957-27972 [E9-13853]
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Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules
slightly fewer hours per week but with
little, if any, anticipated adverse impact
upon the public. This location is
currently open Monday through Friday,
8 a.m. until 4:30 p.m. and the first
Saturday of each month from 8:30 a.m.
until 4:30 p.m. (42.5 hours per week,
plus 8 extended hours per month).
Proposed new hours would be Monday
through Friday, 9 a.m. until 5 p.m. and
on the first Saturday of each month, 9
a.m. until 4:30 p.m. (40 hours per week,
plus 7.5 extended hours per month).
This change would result in a slight
reduction of hours (2.5 hours per week,
plus half an hour per month).
Since October 2007, the New York
regional archives has had an average of
less than one visitor during the hour
from 8 to 9 a.m.
Number of
days open
Date span
October 2006–September 2007 ..................................................................................................
October 2007–September 2008 ..................................................................................................
October 2008–February 2009 .....................................................................................................
Figure 1. Public Visitors at NARA’s New
York Regional Archives, October 2006–
February 2009.
As seen in Figure 1, from October
2007 through September 2008, New
York had no visitors before 9 a.m. on
just under 30 percent of the days open
to the public. From October 2008
through February 2009, there were no
visitors before 9 a.m. on 38 percent of
the days open to the public. As a result,
we do not anticipate that opening one
hour later will negatively impact public
use. Visitors who do arrive before 9 a.m.
usually are regular researchers who
remain at the facility most of the day.
We also believe that remaining open
until 5 p.m. will benefit those who come
to us later in the day. In many cases,
these visitors arrive after 4 p.m. and
have been sent to our offices by other
Federal agencies.
This proposed rule is not a significant
regulatory action for the purposes of
Executive Order 12866 and has not been
reviewed by the Office of Management
and Budget (OMB). As required by the
Regulatory Flexibility Act, it is hereby
certified that this proposed rule will not
have a significant impact on a
substantial number of small entities
because this rule applies to individual
researchers. This proposed rule does not
have any federalism implications.
List of Subjects in 36 CFR Part 1253
Archives and records.
For the reasons set forth in the
preamble, NARA proposes to amend
part 1253 of title 36, Code of Federal
Regulations, as follows:
1. The authority citation for part 1253
continues to read as follows:
2. Amend § 1253.7 by revising
paragraphs (c) and (g) as follows:
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Regional Archives.
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(c) NARA—Northeast Region (New
York City) is located at 201 Varick
Street, 12th Floor, New York, NY
10014–4811 (entrance on Houston
Street, between Varick and Hudson).
The hours are 9 a.m. to 5 p.m., Monday
through Friday. The telephone number
is 212–401–1620 or Toll Free 1–866–
840–1752.
*
*
*
*
*
(g) NARA—Central Plains Region
(Kansas City) is located at 400 West
Pershing Road, Kansas City, MO 64108.
The hours are 8 a.m. to 4 p.m., Tuesday
through Saturday. The telephone
number is 816–268–8000.
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Dated: June 1, 2009.
Adrienne C. Thomas,
Acting Archivist of the United States.
[FR Doc. E9–14009 Filed 6–11–09; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2009–0221; FRL–8917–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Ohio; Redesignation of the
Cleveland-Akron-Lorain Area to
Attainment for Ozone
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
PART 1253—LOCATIONS OF
RECORDS AND HOURS OF USE
Authority: 44 U.S.C. 2104(a).
§ 1253.7
SUMMARY: EPA is proposing several
related actions affecting the ClevelandAkron-Lorain, Ohio 8-hour ozone
nonattainment area. EPA is proposing to
make a determination under the Clean
Air Act (CAA) that the ClevelandAkron-Lorain nonattainment area has
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259
264
105
Number of
days with no
visitors before
9 a.m.
Average number of visitors
between 8 and
9 a.m.
53
79
40
1.5
0.9
0.9
attained the 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). The Cleveland-Akron-Lorain
area includes Ashtabula, Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage,
and Summit Counties. This
determination is based on qualityassured ambient air quality monitoring
data for the 2006–2008 ozone seasons
that demonstrate that the 8-hour ozone
NAAQS has been attained in the area.
EPA is also proposing to approve, as a
revision to the Ohio State
Implementation Plan (SIP), the State’s
plan for maintaining the 8-hour ozone
NAAQS through 2020 in the area. EPA
is proposing to approve a request from
the State of Ohio to redesignate the
Cleveland-Akron-Lorain area to
attainment of the 8-hour ozone NAAQS.
The Ohio Environmental Protection
Agency (Ohio EPA) submitted this
request on March 17, 2009, and
supplemented it on April 24, 2009.
EPA is proposing to approve the 2002
base year emissions inventory for the
Cleveland-Akron-Lorain area as meeting
the requirements of the CAA. If EPA’s
determination that the area has attained
the standard is made final, under the
provisions of EPA’s ozone
implementation rule, the requirement to
submit certain planning SIPS related to
attainment, including attainment
demonstration requirements (the
reasonably available control measure
(RACM) requirement, the reasonable
further progress (RFP) and attainment
demonstration requirements, and the
requirement for contingency measures)
are not applicable to the area as long as
it continues to attain the NAAQS and
would cease to apply upon
redesignation. EPA is proposing to
approve Ohio’s 15 percent (15%) Rate of
Progress (ROP) plan as meeting the
requirements of the CAA for the 1-hour
ozone standard. EPA is also proposing
to approve a waiver, for the ClevelandAkron-Lorain area, from the oxides of
nitrogen (NOX) requirements of section
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182(f) of the CAA. Finally, EPA finds
adequate and is proposing to approve
the State’s 2012 and 2020 Motor Vehicle
Emission Budgets (MVEBs) for the
Cleveland-Akron-Lorain area.
DATES: Comments must be received on
or before July 13, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0221, by one of the
following methods:
I. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
II. E-mail: mooney.john@epa.gov.
III. Fax: (312) 886–2551.
IV. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
V. Hand delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, 18th floor,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0221. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
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cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
this document, ‘‘What Should I
Consider as I Prepare My Comments for
EPA?’’
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone
Kathleen D’Agostino, Environmental
Engineer, at (312) 886–1767 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. What Should I Consider as I Prepare My
Comments for EPA?
II. What Action Is EPA Proposing To Take?
III. What Is the Background for These
Actions?
A. What Is the General Background
Information?
B. What Are the Impacts of the December
22, 2006, and June 8, 2007, United States
Court of Appeals Decisions Regarding
EPA’s Phase 1 Implementation Rule?
IV. What Are the Criteria for Redesignation?
V. What Is the Effect of These Actions?
VI. What Is EPA’s Analysis of the Request?
A. Attainment Determination and
Redesignation
B. Adequacy of Ohio’s MVEBs
C. 2002 Base Year Emissions Inventory
D. 15% ROP Plan
E. Section 182(f) NOX Exemption
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VII. What Action Is EPA Taking?
VIII. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare
My Comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. What Action Is EPA Proposing To
Take?
EPA is proposing to take several
related actions. EPA is proposing to
make a determination that the
Cleveland-Akron-Lorain nonattainment
area has attained the 8-hour ozone
standard and that this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus proposing to approve Ohio’s
request to change the legal designation
of the Cleveland-Akron-Lorain area from
nonattainment to attainment for the 8hour ozone NAAQS. EPA is also
proposing to approve Ohio’s
maintenance plan SIP revision for
Cleveland-Akron-Lorain (such approval
being one of the CAA criteria for
redesignation to attainment status). The
maintenance plan is designed to keep
the Cleveland-Akron-Lorain area in
attainment of the ozone NAAQS
through 2020. EPA is proposing to
approve the 2002 base year emissions
inventory for the Cleveland-AkronLorain area as meeting the requirements
of section 182(a)(1) of the CAA. EPA is
proposing to approve a waiver from the
requirement for NOX reasonably
available control technology (RACT)
rules in the Cleveland-Akron-Lorain
area. EPA is also proposing to approve
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Ohio’s 15% ROP plan as meeting the
requirements of section 182(b)(1) of the
CAA for the 1-hour ozone standard.
Additionally, if EPA’s proposal to
determine that the area has attained the
1997 8-hour NAAQS is finalized,
pursuant to the provisions of 40 CFR
51.918, the requirement to submit
certain planning SIPs related to
attainment (the RACM requirement of
section 172(c)(1) of the CAA, the RFP
and attainment demonstration
requirements of sections 172(c)(2) and
(6) and 182(b)(1) of the CAA, and the
requirement for contingency measures
of section 172(c)(9) of the CAA) are not
applicable to the area as long as it
continues to attain the NAAQS. (These
requirements would cease to apply
upon redesignation.) Finally, EPA is
proposing to approve the newly
established 2012 and 2020 MVEBs for
the Cleveland-Akron-Lorain area. The
adequacy comment period for the
MVEBs began on February 18, 2009,
with EPA’s posting of the availability of
the submittal on EPA’s Adequacy Web
site (at https://www.epa.gov/otaq/
stateresources/transconf/
adequacy.htm). The adequacy comment
period for these MVEBs ended on March
20, 2009. EPA did not receive any
requests for this submittal, or adverse
comments on this submittal during the
adequacy comment period. In a letter
dated March 20, 2009, EPA informed
Ohio EPA that we had found the 2012
and 2020 MVEBs to be adequate for use
in transportation conformity analyses.
Please see section VII.B. of this
rulemaking, ‘‘Adequacy of Ohio’s
MVEBs,’’ for further explanation on this
process. Therefore, we find adequate,
and are proposing to approve, the
State’s 2012 and 2020 MVEBs for
transportation conformity purposes.
III. What Is the Background for These
Actions?
A. What Is the General Background
Information?
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
NOX and volatile organic compounds
(VOCs) react in the presence of sunlight
to form ground-level ozone. NOX and
VOCs are referred to as precursors of
ozone.
The CAA establishes a process for air
quality management through the
NAAQS. Before promulgation of the 8hour standard, the ozone NAAQS was
based on a 1-hour standard. On
November 6, 1991 (56 FR 56693 and
56813), the Cleveland-Akron-Lorain
area was designated as a moderate
nonattainment area under the 1-hour
ozone NAAQS. The area was
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subsequently redesignated to attainment
of the 1-hour standard on May 7, 1996
(61 FR 20454). At the time EPA revoked
the 1-hour ozone NAAQS, on June 15,
2005, the Cleveland-Akron-Lorain area
was designated as attainment under the
1-hour ozone NAAQS.
On July 18, 1997 (62 FR 38856), EPA
promulgated an 8-hour ozone standard
of 0.08 parts per million parts (ppm). On
April 30, 2004 (69 FR 23857), EPA
published a final rule designating and
classifying areas under the 8-hour ozone
NAAQS. These designations and
classifications became effective June 15,
2004. EPA designated as nonattainment
any area that was violating the 8-hour
ozone NAAQS based on the three most
recent years of air quality data, 2001–
2003.
The CAA contains two sets of
provisions, subpart 1 and subpart 2, that
address planning and control
requirements for nonattainment areas.
(Both are found in Title I, part D, 42
U.S.C. 7501–7509a and 7511–7511f,
respectively.) Subpart 1 contains general
requirements for nonattainment areas
for any pollutant, including ozone,
governed by a NAAQS. Subpart 2
provides more specific requirements for
ozone nonattainment areas.
Under EPA’s implementation rule for
the 1997 8-hour ozone standard, (69 FR
23951 (April 30, 2004)), an area was
classified under subpart 2 based on its
8-hour ozone design value (i.e. the
three-year average annual fourth-highest
daily maximum 8-hour average ozone
concentration), if it had a 1-hour design
value at the time of designation at or
above 0.121 ppm (the lowest 1-hour
design value in Table 1 of subpart 2) (69
FR 23954). All other areas were covered
under subpart 1, based upon their 8hour design values (69 FR 23958). The
Cleveland-Akron-Lorain area was
designated as a subpart 2, 8-hour ozone
moderate nonattainment area by EPA on
April 30, 2004 (69 FR 23857, 23926–
23927) based on air quality monitoring
data from 2001–2003 (69 FR 23860).
40 CFR 50.10 and 40 CFR part 50,
Appendix I provide that the 8-hour
ozone standard is attained when the
three-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration is less than or
equal to 0.08 ppm, when rounded. The
data completeness requirement is met
when the average percent of days with
valid ambient monitoring data is greater
than 90 percent, and no single year has
less than 75 percent data completeness.
See 40 CFR part 50, Appendix I, 2.3(d).
On March 17, 2009, Ohio EPA
requested that EPA redesignate the
Cleveland-Akron-Lorain area to
attainment for the 8-hour ozone
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standard. The State supplemented the
submittal on April 24, 2009. The
redesignation request included three
years of complete, quality-assured data
for the period of 2006 through 2008,
indicating the 8-hour NAAQS for ozone,
as promulgated in 1997, had been
attained for the Cleveland-Akron-Lorain
area. Under the CAA, nonattainment
areas may be redesignated to attainment
if sufficient complete, quality-assured
data are available for the Administrator
to determine that the area has attained
the standard, and the area meets the
other CAA redesignation requirements
in section 107(d)(3)(E).
On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075. EPA has not
yet promulgated area designations for
this standard. While both the 1997 and
2008 8-hour ozone standards are
currently in place, the actions addressed
in this proposed rulemaking relate only
to the 1997 8-hour ozone standard.
B. What Are the Impacts of the
December 22, 2006, and June 8, 2007,
United States Court of Appeals
Decisions Regarding EPA’s Phase 1
Implementation Rule?
1. Summary of Court Decision
On December 22, 2006, in South
Coast Air Quality Management Dist. v.
EPA, the U.S. Court of Appeals for the
District of Columbia Circuit vacated
EPA’s Phase 1 Implementation Rule for
the 8-hour Ozone Standard (69 FR
23951, April 30, 2004). 472 F.3d 882
(D.C. Cir. 2006). On June 8, 2007, in
response to several petitions for
rehearing, the D.C. Circuit Court
clarified that the Phase 1 Rule was
vacated only with regard to those parts
of the rule that had been successfully
challenged. Id., Docket No. 04 1201.
Therefore, several provisions of the
Phase 1 Rule remain effective:
Provisions related to classifications for
areas currently classified under subpart
2 of Title I, part D, of the CAA as 8-hour
nonattainment areas; the 8-hour
attainment dates; and the timing for
emissions reductions needed for
attainment of the 8-hour ozone NAAQS.
The June 8, 2007, decision also left
intact the Court’s rejection of EPA’s
reasons for implementing the 8-hour
standard in certain nonattainment areas
under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8,
2007, decision reaffirmed the December
22, 2006, decision that EPA had
improperly failed to retain four
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measures required for 1-hour
nonattainment areas under the antibacksliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for 1-hour severe or extreme
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the Act, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS; and (4)
certain transportation conformity
requirements for certain types of Federal
actions. The June 8, 2007, decision
clarified that the Court’s reference to
conformity requirements was limited to
requiring the continued use of 1-hour
motor vehicle emissions budgets until 8hour budgets were available for 8-hour
conformity determinations.
This section sets forth EPA’s views on
the potential effect of the Court’s rulings
on this proposed redesignation action.
For the reasons set forth below, EPA
does not believe that the Court’s rulings
alter any requirements relevant to this
redesignation action so as to preclude
redesignation or prevent EPA from
proposing or ultimately finalizing this
redesignation. EPA believes that the
Court’s December 22, 2006, and June 8,
2007, decisions impose no impediment
to moving forward with redesignation of
this area to attainment, because even in
light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
2. Requirements Under the 8-Hour
Standard
With respect to the 8-hour standard,
the Cleveland-Akron-Lorain area is
classified under subpart 2. The June 8,
2007, opinion clarifies that the Court
did not vacate the Phase 1 Rule’s
provisions with respect to
classifications for areas under subpart 2.
The Court’s decision therefore upholds
EPA’s classifications for those areas
classified under subpart 2 for the 8-hour
ozone standard.
3. Requirements Under the 1-Hour
Standard
With respect to the 1-hour standard
requirements, the Cleveland-AkronLorain area was an Attainment area
subject to a CAA section 175A
maintenance plan under the 1-hour
standard. The Court’s decisions do not
impact redesignation requests for these
types of areas, except to the extent that
the Court, in its June 8, 2007, decision,
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clarified that for those areas with 1-hour
motor vehicle emissions budgets in their
maintenance plans, anti-backsliding
requires that those 1-hour budgets must
be used for 8-hour conformity
determinations until replaced by 8-hour
budgets. To meet this requirement,
conformity determinations in such areas
must comply with the applicable
requirements of EPA’s conformity
regulations at 40 CFR part 93.
With respect to the three other antibacksliding provisions for the 1-hour
standard that the Court found were not
properly retained, the Cleveland-AkronLorain area is an attainment area subject
to a maintenance plan for the 1-hour
standard, and the NSR, contingency
measures (pursuant to section 172(c)(9)
or 182(c)(9)), and fee provision
requirements no longer apply to an area
that has been redesignated to attainment
of the 1-hour standard.
Thus the decision in South Coast
should not alter requirements that
would preclude EPA from proposing or
finalizing the redesignation of this area.
IV. What Are the Criteria for
Redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) allows for redesignation
provided that: (1) The Administrator
determines that the area has attained the
applicable NAAQS; (2) the
Administrator has fully approved the
applicable implementation plan for the
area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and, (5) the State containing such
area has met all requirements applicable
to the area under section 110 and part
D.
EPA provided guidance on
redesignation in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990 on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from
William G. Laxton, Director Technical
Support Division, June 18, 1990;
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‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G. T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992;
‘‘State Implementation Plan (SIP) Actions
Submitted in Response to Clean Air Act
(ACT) Deadlines,’’ Memorandum from John
Calcagni, Director, Air Quality Management
Division, October 28, 1992;
‘‘Technical Support Documents (TSD’s) for
Redesignation Ozone and Carbon Monoxide
(CO) Nonattainment Areas,’’ Memorandum
from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, August 17,
1993;
‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
‘‘Use of Actual Emissions in Maintenance
Demonstrations for Ozone and CO
Nonattainment Areas,’’ Memorandum from
D. Kent Berry, Acting Director, Air Quality
Management Division, to Air Division
Directors, Regions 1–10, November 30, 1993.
‘‘Part D New Source Review (part D NSR)
Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
‘‘Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for
Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality
Standard,’’ Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and
Standards, May 10, 1995.
V. What Is the Effect of These Actions?
Approval of the redesignation request
would change the official designation of
the area for the 8-hour ozone NAAQS
found at 40 CFR part 81. It would also
incorporate into the Ohio SIP a plan for
maintaining the 8-hour ozone NAAQS
through 2020. The maintenance plan
includes contingency measures to
remedy future violations of the 8-hour
NAAQS. It also establishes MVEBs of
46.64 and 31.48 tons per day (tpd) VOC
and 95.89 and 42.75 tpd NOX for the
years 2012 and 2020, respectively.
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VI. What Is EPA’s Analysis of the
Request?
A. Attainment Determination and
Redesignation
EPA is proposing to make a
determination that the ClevelandAkron-Lorain area has attained the 8hour ozone standard and that the area
has met all other applicable section
107(d)(3)(E) redesignation criteria. The
basis for EPA’s determination is as
follows:
1. The Area Has Attained the 8-Hour
Ozone NAAQS (Section 107(d)(3)(E)(i))
EPA is proposing to make a
determination that the ClevelandAkron-Lorain area has attained the 8hour ozone NAAQS. For ozone, an area
may be considered to be attaining the 8hour ozone NAAQS if there are no
violations, as determined in accordance
with 40 CFR 50.10 and part 50,
Appendix I, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain this standard, the three-year
average of the fourth-highest daily
maximum 8-hour average ozone
concentrations measured at each
monitor within an area over each year
must not exceed 0.08 ppm. Based on the
rounding convention described in 40
CFR part 50, Appendix I, the standard
is attained if the design value is 0.084
ppm or below. The data must be
collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in the Aerometric Information
Retrieval System (AIRS). The monitors
generally should have remained at the
same location for the duration of the
monitoring period required for
demonstrating attainment.
Ohio EPA submitted ozone
monitoring data for the 2006 to 2008
ozone seasons. Ohio EPA qualityassured the ambient monitoring data in
accordance with 40 CFR 58.10, and
recorded it in the AIRS database, thus
making the data publicly available. The
data meet the completeness criteria in
40 CFR Part 50, Appendix I, which
requires a minimum completeness of 75
percent annually and 90 percent over
each three year period. Monitoring data
is presented in Table 1 below.
TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND THREE YEAR AVERAGES OF 4TH
HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS
2006
4th high
(ppm)
County
Monitor
Ashtabula ............................................
Cuyahoga ...........................................
Conneaut 39–007–1001 .................................
Cleveland 39–035–0034 .................................
Berea 39–035–0064 .......................................
Mayfield 39–035–5002 ...................................
Cleveland 39–055–0004 .................................
Eastlake 39–085–0003 ...................................
Painsville 39–085–3002 ..................................
Sheffield 39–093–0018 ...................................
Cleveland 39–103–0003 .................................
Akron 39–133–1001 .......................................
Akron 39–153–0020 .......................................
Geauga ...............................................
Lake ....................................................
Lorain ..................................................
Medina ................................................
Portage ...............................................
Summit ................................................
In addition, as discussed below with
respect to the maintenance plan, Ohio
EPA has committed to continue to
operate an EPA-approved monitoring
network as necessary to demonstrate
ongoing compliance with the NAAQS.
Ohio EPA commits to continue
monitoring ozone at the sites indicated
in Table 1. Ohio EPA also commits to
consult with EPA prior to making
changes to the existing monitoring
network, should changes become
necessary in the future. Ohio EPA
remains obligated to continue to quality
assure monitoring data in accordance
with 40 CFR part 58 and enter all data
into the Air Quality System in
accordance with Federal guidelines. In
summary, EPA believes that the data
submitted by Ohio provide an adequate
demonstration that the ClevelandAkron-Lorain area has attained the 8hour ozone NAAQS, and currently
available data show that the area
continues to attain the standard. Should
the area violate the standard before the
redesignation is finalized, EPA will not
go forward with the redesignation.
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0.086
0.074
0.068
0.081
0.070
0.083
0.075
0.069
0.073
0.070
0.077
2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D; and the Area Has a Fully
Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and
107(d)(3)(E)(ii))
We have determined that Ohio has
met all currently applicable SIP
requirements for purposes of
redesignation for the Cleveland-AkronLorain area under section 110 of the
CAA (general SIP requirements). We
have also determined that the Ohio SIP
meets all SIP requirements currently
applicable for purposes of redesignation
under part D of Title I of the CAA
(requirements specific to subpart 1
nonattainment areas), in accordance
with section 107(d)(3)(E)(v). In addition,
with the exception of the base year
emissions inventory, certain VOC RACT
regulations, and the section 182(f) NOX
exemption, we have determined that the
Ohio SIP is fully approved with respect
to all applicable requirements for
purposes of redesignation, in
accordance with section 107(d)(3)(E)(ii).
As discussed below, in this action EPA
is proposing to approve Ohio’s 2002
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2007
4th high
(ppm)
0.092
0.080
0.083
0.080
0.068
0.074
0.079
0.078
0.069
0.084
0.090
2008
4th high
(ppm)
0.075
0.081
0.072
0.083
0.082
0.078
0.076
0.075
0.075
0.069
0.080
2006–2008
average
(ppm)
0.084
0.078
0.074
0.081
0.073
0.078
0.076
0.074
0.072
0.074
0.082
base year emissions inventory and NOX
RACT waiver. In a separate action, EPA
is proposing to approve Ohio’s VOC
RACT submittal.
In making these determinations, we
have ascertained what SIP requirements
are applicable to the area for purposes
of redesignation, and have determined
that the portions of the SIP meeting
these requirements are fully approved
under section 110(k) of the CAA. As
discussed more fully below, SIPs must
be fully approved only with respect to
currently applicable requirements of the
CAA.
The September 4, 1992, Calcagni
memorandum (see ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E) of
the CAA. Under this interpretation, a
State and the area it wishes to
redesignate must meet the relevant CAA
requirements that are due prior to the
State’s submittal of a complete
redesignation request for the area. See
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also the September 17, 1993, Michael
Shapiro memorandum and 60 FR 12459,
12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the State’s submittal of a
complete request remain applicable
until a redesignation to attainment is
approved, but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
Since EPA is proposing here to
determine that the area has attained the
1997 8-hour ozone standard, under 40
CFR 51.918, if that determination is
finalized, the requirements to submit
certain planning SIPs related to
attainment, including attainment
demonstration requirements (the RACM
requirement of section 172(c)(1) of the
CAA, the RFP and attainment
demonstration requirements of sections
172(c)(2) and (6) and 182(b)(1) of the
CAA, and the requirement for
contingency measures of section
172(c)(9) of the CAA) would not be
applicable to the area as long as it
continues to attain the NAAQS and
would cease to apply upon
redesignation. In addition, in the
context of redesignations, EPA has
interpreted requirements related to
attainment as not applicable for
purposes of redesignation. For example,
in the General Preamble EPA stated that:
[t]he section 172(c)(9) requirements are
directed at ensuring RFP and attainment by
the applicable date. These requirements no
longer apply when an area has attained the
standard and is eligible for redesignation.
Furthermore, section 175A for maintenance
plans * * * provides specific requirements
for contingency measures that effectively
supersede the requirements of section
172(c)(9) for these areas. ‘‘General Preamble
for the Interpretation of Title I of the Clean
Air Act Amendments of 1990,’’ (General
Preamble) 57 FR 13498, 13564 (April 16,
1992).
See also Calcagni memorandum at 6
(‘‘The requirements for reasonable
further progress and other measures
needed for attainment will not apply for
redesignations because they only have
meaning for areas not attaining the
standard.’’).
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a. The Cleveland-Akron-Lorain Area
Has Met All Applicable Requirements
Under Section 110 and Part D of the
CAA for Purposes of Redesignation
i. Section 110 General SIP Requirements
Section 110(a) of Title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
State must have been adopted by the
State after reasonable public notice and
hearing, and that, among other things, it
includes enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; provides
for establishment and operation of
appropriate devices, methods, systems
and procedures necessary to monitor
ambient air quality; provides for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; includes provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, NSR permit programs; includes
criteria for stationary source emission
control measures, monitoring, and
reporting; includes provisions for air
quality modeling; and provides for
public and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires that SIPs contain measures to
prevent sources in a State from
significantly contributing to air quality
problems in another State. To
implement this provision, EPA has
required certain States to establish
programs to address transport of air
pollutants (NOX SIP Call 1 and Clean Air
Interstate Rule (CAIR) (70 FR 25162,
May 12 2005)). However, the section
110(a)(2)(D) requirements for a State are
not linked with a particular
nonattainment area’s designation and
classification. EPA believes that the
requirements linked with a particular
nonattainment area’s designation and
classification are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
1 On October 27, 1998 (63 FR 57356), EPA issued
a NOX SIP call requiring the District of Columbia
and 22 States to reduce emissions of NOX in order
to reduce the transport of ozone and ozone
precursors. In compliance with EPA’s NOX SIP call,
Ohio EPA has developed rules governing the
control of NOX emissions from Electric Generating
Units (EGUs), major non-EGU industrial boilers,
and major cement kilns. EPA approved Ohio’s rules
as fulfilling Phase I of the NOX SIP Call on August
5, 2003 (68 FR 46089) and June 27, 2005 (70 FR
36845). EPA approved Ohio’s rules as meeting
Phase II of the NOX SIP call on February 4, 2008
(73 FR 6427).
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continue to apply to a State regardless
of the designation of any one particular
area in the State. Thus, we believe that
these requirements should not be
construed to be applicable requirements
for purposes of redesignation.
Further, we believe that the other
section 110 elements described above
that are not connected with
nonattainment plan submissions and
not linked with an area’s attainment
status are also not applicable
requirements for purposes of
redesignation. A State remains subject
to these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements which are linked
with a particular area’s designation and
classification are the relevant measures
which we may consider in evaluating a
redesignation request. This approach is
consistent with EPA’s existing policy on
applicability of conformity and
oxygenated fuels requirements for
redesignation purposes, as well as with
section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Lorain, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh,
Pennsylvania ozone redesignation (66
FR 50399, October 19, 2001).
We have reviewed Ohio’s SIP and
have concluded that it meets the general
SIP requirements under section 110 of
the CAA, to the extent those
requirements are applicable for
purposes of redesignation. EPA has
previously approved provisions of the
Ohio SIP addressing section 110
elements under the 1-hour ozone
standard (40 CFR 52.1870). Further, in
submittals dated December 5, 2007, and
September 19, 2008, Ohio confirmed
that the State continues to meet the
section 110 requirements for the 8-hour
ozone standard. EPA has not yet taken
rulemaking action on these submittals;
however, such approval is not necessary
for redesignation.
ii. Part D Requirements
EPA has determined that, with the
approval of the base year emissions
inventory and the NOX waiver,
discussed in section VII.C. of this
rulemaking, and the VOC RACT
submittal, discussed below under the
heading ‘‘Subpart 2 Section 182(a) and
(b) Requirements,’’ the Ohio SIP will
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meet the SIP requirements applicable
for purposes of redesignation under part
D of the CAA for the Cleveland-AkronLorain area. Under part D of the CAA,
an area’s classification determines the
requirements to which it will be subject.
Subpart 1 of part D, found in sections
172–176 of the CAA, sets forth the basic
nonattainment requirements applicable
to all nonattainment areas. Subpart 2 of
part D, which includes section 182 of
the CAA, establishes additional specific
requirements depending on the area’s
nonattainment classification.
The Cleveland-Akron-Lorain area was
classified as a moderate area under
subpart 2; therefore the State must meet
both the applicable requirements of
subpart 1 and subpart 2 of part D. The
applicable subpart 1 requirements are
contained in sections 172(c)(1)–(9) and
in section 176. The subpart 2
requirements applicable to the
Cleveland-Akron-Lorain area are
contained in sections 182(a) and (b)
(marginal and moderate nonattainment
area requirements).
Subpart 1 Section 172 Requirements.
For purposes of evaluating this
redesignation request, the applicable
section 172 SIP requirements for the
Cleveland-Akron-Lorain area are
contained in sections 172(c)(1)–(9). A
thorough discussion of the requirements
contained in section 172 can be found
in the General Preamble for
Implementation of Title I (57 FR 13498,
April 16, 1992).
Section 172(c)(1) requires the plans
for all nonattainment areas to provide
for the implementation of all RACM as
expeditiously as practicable. The EPA
interprets this requirement to impose a
duty on all nonattainment areas to
consider all available control measures
and to adopt and implement such
measures as are reasonably available for
implementation in the area as
components of the areas attainment
demonstration. Because attainment has
been reached, no additional measures
are needed to provide for attainment.
The RFP requirement under section
172(c)(2) is defined as progress that
must be made toward attainment. This
requirement is not relevant because the
Cleveland-Akron-Lorain area has
demonstrated monitored attainment of
the ozone NAAQS (General Preamble,
57 FR 13564). In addition, because the
Cleveland-Akron-Lorain area has
attained the ozone NAAQS and is no
longer subject to an RFP requirement,
the section 172(c)(9) contingency
measures are not applicable.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. This requirement was
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superseded by the inventory
requirement in section 182(a)(1).
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 Cleveland-AkronLorain area will be able to maintain the
standard without part D NSR in effect;
therefore, EPA concludes that the State
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. The State’s PSD
program will become effective in the
Cleveland-Akron-Lorain area upon
redesignation to attainment. See
rulemakings for Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the standard.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
believe the Ohio SIP meets the
requirements of section 110(a)(2) for
purposes of redesignation.
Subpart 1 Section 176 Conformity
Requirements.
Section 176(c) of the CAA requires
States to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway projects, conform to
the air quality planning goals in the
applicable SIPs. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under Title 23 of the U.S. Code and the
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27963
Federal Transit Act (transportation
conformity) as well as to all other
Federally-supported or funded projects
(general conformity). State conformity
revisions must be consistent with
Federal conformity regulations relating
to consultation, enforcement, and
enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA believes that it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) for two
reasons. First, the requirement to submit
SIP revisions to comply with the
conformity provisions of the CAA
continues to apply to areas after
redesignation to attainment since such
areas would be subject to a section 175A
maintenance plan. Second, EPA’s
Federal conformity rules require the
performance of conformity analyses in
the absence of Federally-approved State
rules. Therefore, because areas are
subject to the conformity requirements
regardless of whether they are
redesignated to attainment and, because
they must implement conformity under
Federal rules if State rules are not yet
approved, EPA believes it is reasonable
to view these requirements as not
applying for purposes of evaluating a
redesignation request. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), upholding
this interpretation. See also 60 FR
62748, 62749–62750 (Dec. 7, 1995)
(Tampa, Florida).
EPA approved Ohio’s general and
transportation conformity SIPs on
March 11, 1996 (61 FR 9646), and May
30, 2000 (65 FR 34395), respectively.
Ohio has submitted onroad motor
vehicle budgets for the ClevelandAkron-Lorain area of 46.64 and 31.48
tpd VOC and 95.89 and 42.75 tpd NOX
for the years 2012 and 2020,
respectively. The area must use the
MVEBs from the maintenance plan in
any conformity determination that is
effective on or after the effective date of
the maintenance plan approval.
Subpart 2 Section 182(a) and (b)
Requirements.
As set forth in the September 4, 1992,
and September 17, 1993, EPA guidance
memoranda referenced in section IV of
this action, ‘‘What Are the Criteria for
Redesignation?,’’ only those
requirements which came due prior to
Ohio’s submittal of a request to
designate the Cleveland-Akron-Lorain
area must be fully approved into the SIP
before or at the time EPA approves the
redesignation of the area to attainment.
These requirements are discussed
below.
Base Year Emissions Inventory.
Section 182(a)(1) requires the
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submission of a base year emissions
inventory. As part of Ohio’s
redesignation request for the ClevelandAkron-Lorain area, the State submitted
a 2002 base year emissions inventory.
As discussed below, EPA is proposing
to approve the 2002 base year inventory
that Ohio submitted with the
redesignation request as meeting the
section 182(a)(1) emissions inventory
requirement.
Emissions Statements. EPA approved
Ohio’s emission statement SIP, as
required by section 182(a)(3)(B), on
October 13, 1994 (59 FR 51863).
Reasonable Further Progress and
Attainment Demonstration. On June 15,
2007, and February 22, 2008, Ohio EPA
submitted an attainment demonstration
and reasonable further progress plans
for the Cleveland-Akron-Lorain area as
required by section 182(b)(1) of the
CAA. In this submittal, Ohio EPA
requested that EPA act on the 15% ROP
plan that was originally submitted by
Ohio to meet section 182(b)(1)
requirements under the 1-hour ozone
standard. Because attainment has been
reached, section 182(b)(1) requirements
are no longer considered to be
applicable as long as the area continues
to attain the standard. Nevertheless, as
discussed below, EPA is proposing to
approve Ohio’s 15% ROP plan as
meeting the requirements of section
182(b)(1) of the CAA for the 1-hour
ozone standard.
VOC RACT Requirements. Section
182(b)(2) requires States with moderate
nonattainment areas to implement
RACT under section 172(c)(1) with
respect to each of the following: (1) All
sources covered by a Control
Technology Guideline (CTG) document
issued between November 15, 1990, and
the date of attainment; (2) all sources
covered by a CTG issued prior to
November 15, 1990; and, (3) all other
major non-CTG stationary sources. As
required under the 1-hour ozone
standard, Ohio submitted VOC RACT
rules covering the second and third
categories. The EPA approved these
VOC RACT rules on April 25, 1996 (61
FR 18255), September 7, 1994 (59 FR
46182), and October 23, 1995 (60 FR
54308). With respect to the first
category, EPA issued CTGs for five
source categories in September 2006
and three additional source categories in
September 2007. Areas classified as
moderate and above were required to
submit VOC RACT for the source
categories covered by these CTGs, by
September 2007, and September 2008,
respectively. Ohio submitted a SIP
revision to address these CTGs on
March 23, 2009. On May 7, 2009 (74 FR
21295), EPA proposed to approve Ohio’s
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RACT submittal. Full approval of Ohio’s
RACT submittal is a prerequisite for
approval of the redesignation of the
Cleveland-Akron-Lorain area to
attainment.
NOX RACT. Section 182(f) establishes
NOX requirements for ozone
nonattainment areas. However, it
provides that these requirements do not
apply to an area if the Administrator
determines that NOX reductions would
not contribute to attainment. As
discussed in section VI.E. below, we are
proposing such a determination for the
Cleveland-Akron-Lorain nonattainment
area as requested by the State of Ohio.
If the NOX waiver is approved as a final
rule, the State of Ohio need have fully
approved NOX control measures under
section 182(f) for the Cleveland-AkronLorain area to be redesignated to
attainment.
Stage II Vapor Recovery. Section
182(b)(3) requires States to submit Stage
II rules no later than November 15,
1992. The EPA partially approved and
partially disapproved Ohio’s SIP
revision for implementation of Stage II
on October 20, 1994 (59 FR 52911). As
stated in that rulemaking action, with
the exception of paragraph 3745–21–09
(DDD)(5), EPA considers Ohio’s Stage II
program to fully satisfy the criteria set
forth in the September 17, 1993, EPA
guidance document for such programs
entitled ‘‘Enforcement Guidance for
Stage II Vehicle Refueling Control
Programs.’’ Furthermore, the September
17, 1993, guidance memorandum states
that once onboard vapor recovery
regulations are promulgated, the
requirement for Stage II regulations no
longer applies to moderate ozone
nonattainment areas. The EPA
promulgated onboard vapor recovery
rules in February 1994. Therefore,
pursuant to section 202(a)(6) of the
CAA, Stage II regulations are no longer
required.
Vehicle Inspection and Maintenance
(I/M). The EPA’s final I/M regulations in
40 CFR part 85 require the States to
submit a fully adopted I/M program by
November 15, 1993. EPA approved
Ohio’s enhanced I/M program (E–
Check), on April 4, 1995 (60 FR 16989)
and January 6, 1997 (62 FR 646).
Thus, as discussed above, with
approval of the base year inventory, the
section 182(f) NOX exemption, and
Ohio’s VOC RACT submittal, the
Cleveland-Akron-Lorain area will satisfy
the requirements applicable for
purposes of redesignation under section
110 and part D of the CAA.
b. The Cleveland-Akron-Lorain Area
Has a Fully Approved Applicable SIP
for Purposes of Redesignation Under
Section 110(k) of the CAA.
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If EPA finalizes approvals of the base
year emissions inventory, Ohio’s VOC
RACT submittal, and the section 182(f)
NOX exemption, EPA will have fully
approved the Ohio SIP for the
Cleveland-Akron-Lorain area under
section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (See page three of
the September 4, 1992, John Calcagni
memorandum; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Ohio has
adopted and submitted, and EPA has
fully approved, provisions addressing
the various required SIP elements
applicable to the Cleveland-AkronLorain area under the 1-hour ozone
standard. In this action, EPA is
proposing to approve Ohio’s 2002 base
year emissions inventory for the
Cleveland-Akron-Lorain area as meeting
the requirement of section 182(a)(1) of
the CAA. EPA is also proposing to
approve Ohio’s NOX waiver for the
Cleveland-Akron-Lorain area. In a
separate action, EPA is proposing to
approve Ohio’s VOC RACT submission.
No Cleveland-Akron-Lorain area SIP
provisions are currently disapproved,
conditionally approved, or partially
approved.
3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii))
EPA finds that Ohio has demonstrated
that the observed air quality
improvement in the Cleveland-AkronLorain area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other Stateadopted measures.
In making this demonstration, the
State has calculated the change in
emissions between 2002 and 2006. Ohio
used the 2002 nonattainment area base
year emissions inventory required under
section 182(a)(1) of the CAA as the
nonattainment inventory for
redesignation purposes. The State
developed an attainment inventory for
2006, one of the years the ClevelandAkron-Lorain area monitored
attainment. The reduction in emissions
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and the corresponding improvement in
air quality over this time period can be
attributed to a number of regulatory
control measures that Cleveland-AkronLorain and upwind areas have
implemented in recent years.
a. Permanent and Enforceable
Controls Implemented.
The following is a discussion of
permanent and enforceable measures
that have been implemented in the
areas:
i. VOC Controls. Ohio adopted rules
to limit VOC emissions from portable
fuel containers and consumer and
commercial products.
ii. Automobile Inspection and
Maintenance (I/M) program. Ohio
operates an enhanced automobile
inspection and maintenance program in
the Cleveland-Akron-Lorain area.
iii. Stationary Source NOX Rules.
Ohio EPA developed rules governing
the control of NOX emissions from
Electric Generating Units (EGUs), major
non-EGU industrial boilers, and major
cement kilns. EPA approved Ohio’s
rules as fulfilling Phase I of the NOX SIP
Call on August 5, 2003 (68 FR 46089,)
and June 27, 2005 (70 FR 36845), and
as fulfilling Phase II of the SIP call on
February 4, 2008 (73 FR 6427).
Beginning in 2004, this rule accounts for
approximately a 31 percent reduction in
statewide NOX emissions.
iv. Federal Emission Control
Measures. Reductions in VOC and NOX
emissions have occurred Statewide and
in upwind areas as a result of Federal
emission control measures, with
additional emission reductions expected
to occur in the future. Federal emission
control measures include: The National
Low Emission Vehicle (NLEV) program,
Tier 2 emission standards for vehicles,
gasoline sulfur limits, low sulfur diesel
fuel standards, and heavy-duty diesel
engine standards. In addition, on June
29, 2004 (69 FR 38958), EPA issued the
Clean Air Non-road Diesel Rule, which
phases in Tier 4 emissions standards
over the 2008–2015 time period.
v. Control Measures in Upwind Areas.
On October 27, 1998 (63 FR 57356), EPA
issued a NOX SIP call requiring the
District of Columbia and 22 States to
reduce emissions of NOX. The reduction
in NOX emissions has resulted in lower
concentrations of transported ozone
entering the Cleveland-Akron-Lorain
area. Emission reductions resulting from
regulations developed in response to the
NOX SIP call are permanent and
enforceable.
b. Emission Reductions.
Ohio is using the 2002 base year
inventory developed pursuant to section
182(a)(1) of the CAA as the
nonattainment inventory. In developing
the 2002 base year inventory, Ohio EPA
provided point and area source
inventories to the Lake Michigan Air
Directors Consortium (LADCO). The
main purpose of LADCO is to provide
technical assessments for and assistance
to its member States on problems of air
quality. LADCO’s primary geographic
focus is the area encompassed by its
member States (Illinois, Indiana,
Michigan, Ohio and Wisconsin) and any
areas which affect air quality in its
member States. LADCO processed these
inventories through the Emission
Modeling System (EMS) to generate
summer weekday emissions for VOC
and NOX. The processed modeling
inventories were used for the base year
inventory. The point source data
provided to LADCO is a combination of
EPA’s EGU inventory and sourcespecific data reported to Ohio EPA for
non-EGU sources. Area source
emissions were estimated by Ohio EPA
using published Emission Inventory
Improvement Program methodologies or
methodologies shared by other States.
Ohio EPA documented the methodology
used for each area source category.
Nonroad mobile emissions were
generated for LADCO using EPA’s
National Mobile Inventory Model
(NMIM), with the following exceptions:
recreational motorboat populations and
spatial surrogates were updated;
emissions estimates were developed for
commercial marine vessels, aircraft, and
railroads (MAR), three nonroad
categories not included in NMIM; and,
onroad mobile emissions were
calculated using the MOBILE6.2
emissions model.
Ohio is using 2006 for the attainment
year inventory. Ohio EPA developed a
2005 base year inventory, in
conjunction with LADCO, using the
methodology described above for base
year 2002. With the exception of the
onroad mobile sector, Ohio EPA used
growth factors provided by LADCO to
project this inventory to 2006. Onroad
mobile emissions were calculated for
2006 using the MOBILE6.2 emissions
model.
Using the inventories described
above, Ohio’s submittal documents
changes in VOC and NOX emissions
from 2002 to 2006 for the ClevelandAkron-Lorain area. Emissions data are
shown in Tables 3 through 5 below.
TABLE 3—CLEVELAND-AKRON-LORAIN AREA VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 (TPD)
Point
VOC
Area
NOX
VOC
Nonroad
NOX
VOC
Onroad
NOX
VOC
Total
NOX
VOC
NOX
Ashtabula .....................................
Cuyahoga .....................................
Geauga .........................................
Lake ..............................................
Lorain ...........................................
Medina ..........................................
Portage .........................................
Summit .........................................
5.58
2.19
0.00
0.49
2.44
0.20
0.61
1.13
11.46
10.76
0.00
72.36
58.68
0.08
0.00
3.64
3.31
46.90
8.26
9.01
11.96
6.18
6.45
18.61
0.51
5.90
0.44
0.97
0.77
0.76
0.77
2.37
9.77
39.95
3.98
13.35
13.46
3.96
5.10
9.15
8.99
40.28
2.07
8.27
13.60
4.02
5.68
11.53
5.78
43.68
3.62
8.20
9.54
7.58
6.61
24.48
9.60
90.55
6.80
17.65
20.33
16.31
14.56
50.37
24.44
132.72
15.86
31.05
37.40
17.92
18.77
53.37
30.56
147.49
9.31
99.25
93.38
21.17
21.01
67.91
Total ......................................
12.64
156.98
110.68
12.49
98.72
94.44
109.49
226.17
331.53
490.08
TABLE 4—CLEVELAND-AKRON-LORAIN VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2006 (TPD)
Point
VOC
Ashtabula .....................................
Cuyahoga .....................................
Geauga .........................................
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NOX
0.94
3.68
0.00
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Area
4.52
13.56
0.00
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VOC
Nonroad
NOX
5.89
44.14
9.96
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0.85
13.83
1.01
Sfmt 4702
VOC
9.19
40.62
4.87
Onroad
NOX
8.71
36.61
2.58
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VOC
4.00
27.64
2.41
12JNP1
Total
NOX
7.01
64.40
5.06
VOC
NOX
20.02
116.08
17.24
21.09
128.40
8.65
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TABLE 4—CLEVELAND-AKRON-LORAIN VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2006 (TPD)—Continued
Point
VOC
Area
NOX
VOC
Nonroad
NOX
VOC
Onroad
NOX
VOC
Total
NOX
VOC
NOX
Lake ..............................................
Lorain ...........................................
Medina ..........................................
Portage .........................................
Summit .........................................
0.82
3.18
0.79
0.95
1.27
37.48
27.31
0.26
0.22
3.23
9.06
11.45
7.40
6.19
18.17
2.30
2.66
1.57
1.52
5.51
11.13
13.03
5.29
7.49
12.36
8.99
12.84
5.02
6.25
11.33
5.33
6.17
5.05
4.30
14.18
13.00
14.88
12.32
10.79
34.28
26.34
33.83
18.53
18.93
45.98
61.77
57.69
19.17
18.78
54.35
Total ......................................
11.63
86.58
92.32
29.25
57.67
92.33
69.08
161.74
296.95
369.90
TABLE 5—COMPARISON OF CLEVELAND-AKRON-LORAIN 2002 AND 2006 VOC AND NOX EMISSIONS (TPD)
VOC
2002
NOX
Net change
(2002–2006)
2006
2002
2006
Net change
(2002–2006)
Point .........................................................
Area ..........................................................
Nonroad ...................................................
Onroad .....................................................
12.64
110.68
98.72
109.49
11.63
92.32
57.67
69.08
¥1.01
¥18.36
¥41.05
¥40.41
156.98
12.49
94.44
226.17
86.58
29.25
92.33
161.74
¥70.40
16.76
¥2.11
¥64.43
Total ..................................................
331.53
296.95
¥34.58
490.08
369.90
¥120.18
Table 5 shows that the ClevelandAkron-Lorain area reduced VOC
emissions by 34.58 tpd and NOX
emissions by 120.18 tpd between 2002
and 2006. Based on the information
summarized above, Ohio has adequately
demonstrated that the improvement in
air quality is due to permanent and
enforceable emissions reductions.
4. The Area Has a Fully Approved
Maintenance Plan Pursuant to Section
175a of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with its request to
redesignate the Cleveland-Akron-Lorain
nonattainment area to attainment status,
Ohio submitted a SIP revision to
provide for the maintenance of the 8hour ozone NAAQS in the area through
2020.
a. What Is Required in a Maintenance
Plan?
Section 175A of the CAA sets forth
the required 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 Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the State must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures with a schedule
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for implementation as EPA deems
necessary to assure prompt correction of
any future 8-hour ozone violations.
The September 4, 1992, John Calcagni
memorandum provides additional
guidance on the content of a
maintenance plan. The memorandum
clarifies that an ozone maintenance plan
should address the following items: The
attainment VOC and NOX emissions
inventories, a maintenance
demonstration showing maintenance for
the ten years of the maintenance period,
a commitment to maintain the existing
monitoring network, factors and
procedures to be used for verification of
continued attainment of the NAAQS,
and a contingency plan to prevent or
correct future violations of the NAAQS.
b. Attainment Inventory.
The Ohio EPA developed an
emissions inventory for 2006, one of the
years Ohio used to demonstrate
monitored attainment of the 8-hour
NAAQS, as described above. The
attainment level of emissions is
summarized in Table 4, above.
c. Demonstration of Maintenance.
Along with the redesignation request,
Ohio submitted a revision to the 8-hour
ozone SIP to include a maintenance
plan for the Cleveland-Akron-Lorain
area, in compliance with section 175A
of the CAA. This demonstration shows
maintenance of the 8-hour ozone
standard through 2020 by assuring that
current and future emissions of VOC
and NOX for the Cleveland-AkronLorain area remain at or below
attainment year emission levels. A
maintenance demonstration need not be
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based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F. 3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100
(October 19, 2001), 68 FR 25413, 25430–
25432 (May 12, 2003).
Ohio is using emissions inventories
for the years 2012 and 2020 to
demonstrate maintenance. Onroad
emissions for 2012 and 2020 were
calculated using the MOBILE6.2
emissions model. Emissions estimates
for the remaining source categories were
based on future year inventories
developed by LADCO for the years 2012
and 2018. With the exception of MAR,
nonroad emissions for these years were
estimated using NMIM. MAR emissions
were derived by applying growth and
control factors to the 2005 inventory.
Area source and point source emissions
were derived by applying growth and
control factors to the 2005 inventory.
EGU emissions estimates assume no
credit for implementation of CAIR in the
area. To derive 2020 emissions
estimates, Ohio EPA applied LADCO
growth factors to the 2018 LADCO
inventory.
Ohio is in the process of revising its
State rules for its Best Available
Technology (BAT) minor source
permitting program. As discussed
above, a State can demonstrate
maintenance of the standard by showing
that future emissions of VOC and NOX
for the area remain at or below
attainment year emission levels. Ohio
EPA’s emissions projections for this
maintenance plan assume no emissions
benefits from implementation of the
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BAT program. The LADCO growth
factors used to project future emissions
were developed using techniques
consistent among the LADCO States and
assume implementation of no minor
source permitting programs for any
State, including Ohio. The emission
projections show that Ohio EPA does
not expect emissions in the ClevelandAkron-Lorain area to exceed the level of
the 2006 attainment year inventory
during the maintenance period. Ohio’s
maintenance plan demonstrates that the
area can maintain the standard through
2020 applying standard growth factors
and without the BAT program. EPA
believes that Ohio has provided
adequate demonstration of maintenance,
and that any changes to the BAT
program should not impact the
Cleveland-Akron-Lorain area’s ability to
attain or maintain the 1997 8-hour
ozone NAAQS. Therefore, the issues
associated with the BAT program are
not being considered for purposes of
this redesignation. Nothing in this rule
or redesignation is intended to affect the
SIP approvability or non-approvability
of any revised Ohio BAT rules, and EPA
will evaluate the approvability of such
rules when Ohio submits them.
Emissions data are shown in Table 6
below.
TABLE 6—CLEVELAND-AKRON-LORAIN AREA VOC AND NOX EMISSIONS FOR 2006, 2012 AND 2020 (TPD)
VOC
2006
2012
NOX
Net
change
2006–
2012
2020
Net
change
2006–
2020
2006
2012
2020
Net
change
2006–
2012
Net
change
2006–
2020
Point .........................................
Area ..........................................
Nonroad ....................................
Onroad .....................................
11.63
112.26
103.98
69.08
12.90
96.18
77.12
40.56
15.01
92.63
76.99
27.38
1.27
¥16.08
¥26.86
¥28.52
3.38
¥19,63
¥26.99
¥41.70
86.58
29,25
92.33
161.74
73.19
29.58
69.65
83.36
71.79
29.71
44.06
37.66
¥13.39
0.33
¥22.68
¥78.38
¥14.79
0.46
¥48.27
¥124.08
Total ..................................
296.95
226.76
212.01
¥70.19
¥84.94
369.90
255.78
183.22
¥114.12
¥186.68
The emission projections show that
Ohio EPA does not expect emissions in
the Cleveland-Akron-Lorain area to
exceed the level of the 2006 attainment
year inventory during the maintenance
period. In the Cleveland-Akron-Lorain
area, Ohio EPA projects that VOC and
NOX emissions will decrease by 84.94
tpd and 186.68 tpd, respectively,
between 2006 and 2020.
In addition, LADCO performed a
regional modeling analysis to address
the effect of the recent court decision
vacating CAIR. This analysis is
documented in LADCO’s ‘‘Regional Air
Quality Analyses for Ozone, PM2.5, and
Regional Haze: Final Technical Support
Document (Supplement), September 12,
2008.’’ LADCO produced a base year
inventory for 2005 and future year
inventories for 2009, 2012, and 2018. To
estimate future EGU NOX emissions
without implementation of CAIR,
LADCO projected 2007 EGU NOX
emissions for all States in the modeling
domain based on Energy Information
Administration growth rates by State
(North American Electric Reliability
Corporation (NERC) region) and fuel
type for the years 2009, 2012 and 2018.
The assumed 2007–2018 growth rates
were 8.8% for Illinois, Iowa, Missouri
and Wisconsin; 13.5% for Indiana,
Kentucky, Michigan and Ohio; and
15.1% for Minnesota. Emissions were
adjusted by applying legally enforceable
controls, e.g., consent decree or rule.
EGU NOX emissions projections for the
States of Illinois, Indiana, Michigan,
Ohio, and Wisconsin are shown below
in Table 7. The emission projections
used for the modeling analysis do not
account for certain relevant factors such
as allowance trading and potential
changes in operation of existing control
devices. The NOX projections indicate
that, due to the NOX SIP call, certain
State rules, consent decrees resulting
from enforcement cases, and ongoing
implementation of a number of mobile
source rules, EGU NOX is not expected
to increase in Ohio or any of the States
in the immediate region, and overall
NOX emissions in Ohio and the nearby
region are expected to decrease
substantially between 2005 and 2020.2
Total NOX emissions projections are
shown in Table 8, below.
TABLE 7—EGU NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO AND WISCONSIN (TPD) FOR
2007, 2009, 2012, AND 2018
2007
EGU .................................................................................................................
2009
2012
2018
1,582
1,552
1,516
1,524
TABLE 8—TOTAL NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO AND WISCONSIN (TPD) FOR
THE YEARS 2005, 2009, 2012, AND 2018
2005
Total NOX ........................................................................................................
2009
2012
2018
8,260
6,778
6,076
4,759
Given that 2007 is one of the years
Ohio used to demonstrate monitored
attainment of the 8-hour NAAQS, Table
7 shows that EGU NOX emissions will
remain below attainment levels through
2018. If the rate of emissions increase
2 There is more uncertainty about the use of SO
2
allowances and future projections for SO2
emissions; thus, further review and discussion will
be needed regarding the appropriateness of using
these emission projections for future PM2.5 SIP
approvals and redesignation requests.
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between 2012 and 2018 continues
through 2020, EGU NOX emissions
would still remain below attainment
levels in 2020. Furthermore, as shown
in Table 8, total NOX emissions clearly
continue to decrease substantially
throughout the maintenance period.
Ozone modeling performed by
LADCO using this emissions data
supports the conclusion that the
Cleveland-Akron-Lorain area will
maintain the standard throughout the
maintenance period. Peak modeled
ozone levels in the area for 2009, 2012
and 2018 are 0.084 ppm, 0.081 ppm,
and 0.078 ppm, respectively. These
projected ozone levels were modeled
applying only legally enforceable
controls; e.g., consent decrees, rules, the
NOX SIP call, Federal motor vehicle
control programs (FMVCP), etc. Because
these programs will remain in place,
emission levels, and therefore ozone
levels, would not be expected to
increase significantly between 2018 and
2020. Given that projected emissions
and modeled ozone levels continue to
decrease substantially through 2018, it
is reasonable to infer that a 2020
modeling run would also show levels
well below the 1997 8-hour ozone
standard.
As part of its maintenance plan, the
State elected to include a ‘‘safety
margin’’ for the area. A ‘‘safety margin’’
is the difference between the attainment
level of emissions (from all sources) and
the projected level of emissions (from
all sources) in the maintenance plan
which continues to demonstrate
attainment of the standard. The
attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
The Cleveland-Akron-Lorain area
attained the 8-hour ozone NAAQS
during the 2006–2008 time period. Ohio
used 2006 as the attainment level of
emissions for the area. In the
maintenance plan, Ohio EPA projected
emission levels for 2020. For the
Cleveland-Akron-Lorain area, the
emissions from point, area, nonroad,
and mobile sources in 2006 equaled
296.85 tpd of VOC. Ohio EPA projected
VOC emissions for the year 2020 to be
212.01 tpd of VOC. The SIP submission
demonstrates that the Cleveland-AkronLorain area will continue to maintain
the standard with emissions at this
level. The safety margin for VOC is
calculated to be the difference between
these amounts or, in this case, 84.946
tpd of VOC for 2020. By this same
method, 186.68 tpd (i.e., 369.90 tpd less
183.22 tpd) is the safety margin for NOX
for 2020. The safety margin, or a portion
thereof, can be allocated to any of the
source categories, as long as the total
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attainment level of emissions is
maintained.
d. Monitoring Network.
Ohio currently operates eleven ozone
monitors in the Cleveland-Akron-Lorain
area. Ohio EPA has committed to
continue to operate these ozone
monitors. Further, Ohio EPA commits to
consult with EPA prior to making
changes to the existing monitoring
network, should changes become
necessary in the future. Ohio EPA
remains obligated to continue to quality
assure monitoring data in accordance
with 40 CFR part 58 and enter all data
into the Air Quality System in
accordance with Federal guidelines.
e. Verification of Continued
Attainment.
Continued attainment of the ozone
NAAQS in the Cleveland-Akron-Lorain
area depends, in part, on the State’s
efforts toward tracking indicators of
continued attainment during the
maintenance period. Ohio’s plan for
verifying continued attainment of the 8hour standard in the Cleveland-AkronLorain area consists of plans to continue
ambient ozone monitoring in
accordance with the requirements of 40
CFR part 58. Ohio EPA will also
continue to develop and submit
periodic emission inventories as
required by the Federal Consolidated
Emissions Reporting Rule (67 FR 39602,
June 10, 2002) to track future levels of
emissions.
f. Contingency Plan.
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
State will promptly correct a violation
of the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the State. The State should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
State will implement all measures with
respect to control of the pollutant(s) that
were contained in the SIP before
redesignation of the area to attainment.
See section 175A(d) of the CAA.
As required by section 175A of the
CAA, Ohio has adopted a contingency
plan for the Cleveland-Akron-Lorain
area to address possible future ozone air
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quality problems. The contingency plan
adopted by Ohio has two levels of
response, depending on whether a
violation of the 8-hour ozone standard
is only threatened (warning level
response) or has occurred (action level
response).
A warning level response will be
triggered when an annual fourth high
monitored value of 0.088 ppm or higher
is monitored within the maintenance
area. A warning level response will
consist of Ohio EPA conducting a study
to determine whether the ozone value
indicates a trend toward higher ozone
values or whether emissions appear to
be increasing. The study will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
study will consider ease and timing of
implementation as well as economic
and social impacts. Implementation of
necessary controls in response to a
warning level response trigger will take
place within 12 months from the
conclusion of the most recent ozone
season.
An action level response will be
triggered when a two-year average
fourth high value of 0.085 ppm is
monitored within the maintenance area.
A violation of the standard (a three-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentration of 0.085 ppm or greater)
also triggers an action level response.
When an action level response is
triggered, Ohio EPA will determine
what additional control measures are
needed to assure future attainment of
the ozone standard. Control measures
selected will be implemented within 18
months from the close of the ozone
season that prompted the action level.
Ohio EPA will also consider if
significant new regulations not
currently included as part of the
maintenance provisions will be
implemented in a timely manner and
would thus constitute a response.
Ohio EPA included the following list
of potential contingency measures in the
maintenance plan:
i. Lower Reid vapor pressure gasoline
program;
ii. Tighten RACT on existing sources
covered by CTGs issued in response to
the 1990 CAA;
iii. One or more transportation control
measures sufficient to achieve at least
half a percent reduction in actual area
wide VOC emissions;
iv. Alternative fuel and diesel retrofit
programs for fleet vehicle operations;
v. Require VOC or NOX emission
offsets for new and modified major
sources;
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vi. Require VOC or NOX emission
offsets for new and modified minor
sources;
vii. Increase the ratio of emission
offsets required for new sources;
viii. Require VOC or NOX controls on
new minor sources (less than 100 tpy);
and
ix. Adopt NOX RACT for existing
combustion sources.
g. Provisions for Future Updates of the
Ozone Maintenance Plan.
As required by section 175A(b) of the
CAA, Ohio commits to submit to the
EPA an updated ozone maintenance
plan eight years after redesignation of
the Cleveland-Akron-Lorain area to
cover an additional ten-year period
beyond the initial ten-year maintenance
period. As required by section 175(A) of
the CAA, Ohio has committed to retain
the VOC and NOX control measures
contained in the SIP prior to
redesignation.
EPA has concluded that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. The maintenance
plan SIP revision submitted by Ohio for
the Cleveland-Akron-Lorain area meets
the requirements of section 175A of the
CAA.
B. Adequacy of Ohio’s MVEBs
1. How Are MVEBs Developed and
What Are the MVEBs for the ClevelandAkron-Lorain Area?
Under the CAA, States are required to
submit, at various times, control strategy
SIP revisions and ozone maintenance
plans for ozone nonattainment areas and
for areas seeking redesignations to
attainment of the ozone standard. These
emission control strategy SIP revisions
(e.g., reasonable further progress SIP
and attainment demonstration SIP
revisions) and ozone maintenance plans
create MVEBs based on onroad mobile
source emissions for criteria pollutants
and/or their precursors to address
pollution from cars and trucks. The
MVEBs are the portions of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment or maintenance.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment is established for the last
year of the maintenance plan. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
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explained in the preamble to the
November 24, 1993, transportation
conformity rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB if needed.
Under section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of the SIP that addresses
emissions from cars and trucks.
Conformity to the SIP means that
transportation activities will not cause
new air quality violations, worsen
existing air quality violations, or delay
timely attainment of the NAAQS. If a
transportation plan does not conform,
most new transportation projects that
would expand the capacity of roadways
cannot go forward. Regulations at 40
CFR part 93 set forth EPA policy,
criteria, and procedures for
demonstrating and assuring conformity
of such transportation activities to a SIP.
When reviewing SIP revisions
containing MVEBs, including
attainment strategies, rate-of-progress
plans, and maintenance plans, EPA
must affirmatively find that the MVEBs
are ‘‘adequate’’ for use in determining
transportation conformity. Once EPA
affirmatively finds the submitted
MVEBs to be adequate for transportation
conformity purposes, the MVEBs are
used by State and Federal agencies in
determining whether proposed
transportation projects conform to the
SIP as required by section 176(c) of the
CAA. EPA’s substantive criteria for
determining the adequacy of MVEBs are
set out in 40 CFR 93.118(e)(4).
EPA’s process for determining
adequacy of a MVEB consists of three
basic steps: (1) Providing public
notification of a SIP submission; (2)
providing the public the opportunity to
comment on the MVEB during a public
comment period; and (3) EPA’s finding
of adequacy. The process of determining
the adequacy of submitted SIP MVEBs
was initially outlined in EPA’s May 14,
1999, guidance, ‘‘Conformity Guidance
on Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was codified in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM 2.5 National Ambient
Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
published on July 1, 2004 (69 FR
40004). EPA follows this guidance and
rulemaking in making its adequacy
determinations.
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27969
The Cleveland-Akron-Lorain area’s
maintenance plan contains new VOC
and NOX MVEBs for the years 2012 and
2020. The availability of the SIP
submission with these 2012 and 2020
MVEBs was announced for public
comment on EPA’s Adequacy Web site
on February 18, 2009 at: https://
www.epa.gov/otaq/stateresources/
transconf/currsips.htm. The EPA public
comment period on adequacy of the
2012 and 2020 MVEBs for the
Cleveland-Akron-Lorain area closed on
March 20, 2009. No requests for this
submittal or adverse comments on the
submittal were received during the
adequacy comment period. In a letter
dated March 30, 2009, EPA informed
Ohio EPA that we had found the 2012
and 2020 MVEBs to be adequate for use
in transportation conformity analyses.
EPA, through this rulemaking, is
proposing to approve the MVEBs for use
to determine transportation conformity
in the Cleveland-Akron-Lorain area
because EPA has determined that the
area can maintain attainment of the 8hour ozone NAAQS for the relevant
maintenance period with mobile source
emissions at the levels of the MVEBs.
Ohio EPA has determined the 2012
MVEBs for the Cleveland-Akron-Lorain
area to be 46.64 tpd for VOC and 95.89
tpd for NOX. Ohio EPA has determined
the 2020 MVEBs for the area to be 31.48
tpd for VOC and 42.75 tpd for NOX.
These MVEBs are consistent with the
onroad mobile source VOC and NOX
emissions projected by Ohio EPA for
2012 and 2020, as summarized in Table
6 above. Ohio has demonstrated that the
Cleveland-Akron-Lorain area can
maintain the 8-hour ozone NAAQS with
mobile source emissions of 46.64 tpd
and 31.48 tpd of VOC and 95.89 tpd and
42.75 tpd of NOX in 2012 and 2020,
respectively, since emissions will
remain under attainment year emission
levels.
2. What Is a Safety Margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Table 6, the Cleveland-AkronLorain area emissions are projected to
have safety margins of 70.19 tpd for
VOC and 114.12 tpd for NOX in 2012
(the difference between the attainment
year, 2006, emissions and the projected
2012 emissions for all sources in the
Cleveland-Akron-Lorain area). For 2020,
the Cleveland-Akron-Lorain area
emissions are projected to have safety
margins of 84.94 tpd for VOC and
186.68 tpd for NOX. Even if emissions
reached the full level of the safety
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margin, the counties would still
demonstrate maintenance since
emission levels would equal those in
the attainment year.
The MVEBs requested by Ohio EPA
contain safety margins for mobile
sources smaller than the allowable
safety margins reflected in the total
emissions for the Cleveland-AkronLorain area. The State is not requesting
allocation of the entire available safety
margins reflected in the demonstration
of maintenance. Therefore, even though
the State is requesting MVEBs that
exceed the projected onroad mobile
source emissions for 2012 and 2020
contained in the demonstration of
maintenance, the increase in onroad
mobile source emissions that can be
considered for transportation
conformity purposes is well within the
safety margins of the ozone maintenance
demonstration. Further, once allocated
to mobile sources, these safety margins
will not be available for use by other
sources.
C. 2002 Base Year Emissions Inventory
As discussed above, section 182(a)(1)
of the CAA requires areas classified as
marginal and above to submit a base
year emissions inventory. As part of
Ohio’s redesignation request for the
Cleveland-Akron-Lorain area, the State
submitted a 2002 base year emissions
inventory. This inventory is discussed
above and summarized in Table 3. EPA
is proposing to approve this 2002 base
year inventory as meeting the section
182(a)(1) emissions inventory
requirement.
D. 15% ROP Plan
On June 15, 2007, and February 22,
2008, Ohio EPA submitted an
attainment demonstration and
reasonable further progress plans for the
Cleveland-Akron-Lorain area as
required by section 182(b)(1) of the
CAA. In those submittals, Ohio EPA
requested that EPA act on the 15% ROP
plan that was originally submitted by
Ohio to meet section 182(b)(1)
requirements under the 1-hour ozone
standard. The 1-hour ozone 15% ROP
plan was originally submitted on March
14, 1994, and supplemented on June 9,
1995. Because the area subsequently
attained the 1-hour ozone standard, EPA
redesignated the area on May 7, 1996
and did not take action on the 15% ROP
plan.
As discussed in greater detail below,
EPA has evaluated Ohio’s 15% ROP
plan and has found it to be consistent
with section 182(b)(1) of the CAA and
EPA policy documents. Therefore, we
are proposing to approve Ohio’s 15%
plan as meeting the 182(b)(1)
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requirements for the Cleveland-AkronLorain area under the 1-hour ozone
standard. Approval of Ohio’s 1-hour
ozone 15% ROP plan is not required for
purposes of the 8-hour redesignation.
However, because the plan meets the
requirements of the CAA and may be
helpful in future implementation of
ozone standards, we are acting on the
State’s request to approve this plan.
1. Review Criteria
Section 182(b)(1) of the CAA requires
that the ROP plan provide for a 15%
reduction from baseline VOC emissions
in the ozone nonattainment area,
accounting for any growth in emissions
after 1990. This emission reduction
must be achieved within six years after
the date of the enactment of the 1990
Clean Air Act revisions (by November
15, 1996).
The CAA defines the baseline
emissions to be the total amount of
actual VOC emissions from all
anthropogenic sources in the area
during the calendar year of 1990,
excluding emissions that would be
eliminated under Federal Motor Vehicle
Control Program (FMVCP) measures
promulgated by the EPA by January 1,
1990, and any gasoline Reid Vapor
Pressure (RVP) regulations promulgated
by EPA by November 15, 1990, or
required to be promulgated under
section 211 of the CAA.
Section 182(b)(1) of the CAA allows
emission reductions to be creditable
except for the RVP and FMVCP
emission reductions mentioned above,
any emission reductions from measures
resulting from EPA-required corrections
to motor vehicle Inspection and
Maintenance (I/M) programs required to
be submitted immediately after
enactment of the 1990 Clean Air Act
revisions, and emission reductions
resulting from EPA-required corrections
to the State VOC RACT rules that were
required by section 182(a)(2)(A) of the
CAA concerning RACT fix-up
requirements. In general, VOC emission
reductions are creditable toward the
ROP emission reduction requirement to
the extent that they have actually
occurred, as of six years after November
15, 1990, resulting from the
implementation of measures required
under the applicable implementation
plan, rules promulgated by the
Administrator (EPA), or a permit issued
under Title V of the CAA.
2. Review of the 15% VOC-Only ROP
Plan for the Cleveland-Akron-Lorain,
OH 1-Hour Ozone Nonattainment Area
a. Calculation of the Adjusted Base
Year Inventory.
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The CAA specifies the emission
baseline from which the 15% VOC-only
reduction is calculated. This baseline
value is termed the 1990 adjusted base
year inventory. Section 182(b)(1)(D) of
the CAA excludes from the baseline the
emissions that would be eliminated by
FMVCP regulations promulgated by
January 1, 1990, and RVP regulations
(55 FR 23666, June 11, 1990)
promulgated by EPA prior to November
15, 1990.
The adjusted base year inventory is
determined by starting with the 1990
base year emission inventory, and then
removing all biogenic emissions as well
as emissions from sources located
outside of the designated nonattainment
boundary. (The 1990 base year
emissions inventory was submitted to
the EPA on March 14, 1994, at the same
time that the 15% VOC-only ROP plan
was submitted for the Cleveland-AkronLorain, OH 1-hour ozone nonattainment
area.) The resulting inventory is termed
the 1990 ROP base year inventory. The
1990 ROP base year inventory is then
adjusted by removing the expected
FMVCP and RVP reductions to derive
the adjusted base year inventory. These
calculations are summarized in Table 7,
below, and result in an adjusted base
year inventory of 366.97 tpd VOC.
b. Required VOC Emission
Reductions.
The 1990 adjusted base year inventory
is multiplied by 0.15 to calculate 15%
of the adjusted base year emissions.
Therefore, to meet the ROP requirement,
Ohio’s plan must provide for at least a
55.05 tpd reduction in VOC emissions
(366.97 tpd VOC multiplied by 0.15), in
addition to the reduction needed to
offset growth.
As noted above, under section
182(b)(1)(D) of the CAA, the following
reductions are not creditable toward the
ROP reductions: (1) FMVCP regulations
promulgated by January 1, 1990; (2) RVP
regulations promulgated by EPA before
enactment of the 1990 Clean Air Act
Amendments; (3) certain corrections to
VOC RACT rules and; (4) corrections to
basic automobile I/M programs. Thus,
the total expected reductions are
comprised of the reductions necessary
to meet the ROP requirement and the
expected emissions reductions from the
four noncreditable programs. The total
expected emissions reductions are
171.87 tpd VOC (55.05 tpd + 109.06 tpd
FMVCP & RVP reductions + 7.76 tpd
RACT & I/M corrections reductions).
The amount of reduction necessary to
meet the contingency plan requirement
is 3% of the adjusted base year
inventory. Therefore, to meet the
contingency requirement, the State’s
plan must provide for at least 11.01 tpd
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reduction in VOC emissions (366.97 tpd
VOC multiplied by 0.03). The 1996
target level of VOC emissions is 304.16
tpd, the 1990 ROP base year inventory
minus the total expected emission
reductions (476.03 tpd¥171.87 tpd).
c. Projected Emission Inventory.
Emission projections are needed to
determine if the ROP requirements in
the CAA are met. Growth factors are not
included in the calculations of the 1990
adjusted base year inventory or the 1996
target level of emissions. Growth factors
are needed, however, to project
emissions to 1996 for the ROP
demonstration as part of the ROP plan.
Ohio calculated point source
emissions growth based on earnings
data obtained from the Bureau of
Economic Analysis. Area source
emissions were projected based on
population, industrial employment, and
State gasoline consumption growth. For
mobile source emissions, a travel
demand model was run to estimate 1996
VMT. Total 1996 VOC emissions
including growth were estimated to be
373.00 tpd.
27971
d. Total VOC Emission Reductions
Necessary To Meet the 15% VOC-Only
ROP Requirement.
The required VOC emissions
reduction to meet the 15% ROP
requirements is 68.84 tpd. This is the
difference between the projected 1996
emissions with growth and no
additional controls, and the 1996 target
level of emissions (373.00 tpd
VOC¥304.16 tpd VOC).
Provided in Table 9 is a summary of
the results of the emissions calculations
used to determine the required 15%
VOC-only ROP plan reductions.
TABLE 9—SUMMARY OF CALCULATIONS USED TO DETERMINE THE VOC REDUCTIONS NEEDED BY 1996 FOR THE
CLEVELAND-AKRON-LORAIN AREA TO MEET THE 15% VOC-ONLY ROP REDUCTION REQUIREMENT
VOC
emissions
(tpd)
1990 Base Year Emissions Inventory .................................................................................................................................................
1990 ROP Base Year Emissions Inventory (nonattainment area anthropogenic only) ......................................................................
Noncreditable Emission Reductions from FMVCP and RVP ..............................................................................................................
1990 Adjusted Base Year Inventory (1990 ROP Base Year Inventory minus RVP and FMVCP) ....................................................
15% of Adjusted Base Year Emissions ...............................................................................................................................................
Noncreditable Emission Reductions from Corrections to VOC RACT Rules and the Basic I/M Program .........................................
Total Expected Emission Reductions by 1996 (FMVCP & RVP + 15% + RACT & I/M corrections) .................................................
1996 Target Level of Emissions (1990 ROP Base Year Inventory minus total expected emission reductions by 1996) .................
Estimated 1996 Emissions (Anthropogenic), including growth ...........................................................................................................
Required Reductions by 1996 to Meet the 15% ROP Requirements (Estimated 1996 emissions minus 1996 target level of emissions) ................................................................................................................................................................................................
3% Contingency Plan Reduction .........................................................................................................................................................
e. Control Measures.
The control measures adopted by
Ohio to achieve a 69.77 tpd reduction in
VOC emissions are listed in Table 10,
below. The table does not include any
Federal measures used to reduce the
mobile source emissions. These
reductions are already accounted for in
681.00
476.03
109.06
366.97
55.05
7.76
171.87
304.16
373.00
68.84
11.01
the MOBILE5a emissions model that, in
combination with the projected VMT for
the area, was used to estimate the future
emissions for the area.
TABLE 10—SUMMARY OF CONTROL MEASURES SELECTED BY THE STATE TO ACHIEVE THE 15% VOC-ONLY ROP
REDUCTIONS FOR THE CLEVELAND-AKRON-LORAIN AREA
VOC
emissions
reductions
(tpd)
Control measure used to meet ROP
Stage II gasoline vapor recovery .......................................................................................................................................................
Enhanced I/M .....................................................................................................................................................................................
NESHAP ............................................................................................................................................................................................
Enforcement cases ............................................................................................................................................................................
Architectural coatings ........................................................................................................................................................................
Removal of 100 ton per year cutoff ...................................................................................................................................................
Transportation control measures .......................................................................................................................................................
8.43
37.92
3.42
9.79
6.7
0.69
2.82
Total Emission Reductions .........................................................................................................................................................
69.77
Contingency Emissions Reduction (lower RVP fuel) ........................................................................................................................
13.03
Overall, Ohio’s ROP plan provides for
a 69.77 tpd VOC emissions reduction,
which meets the ROP requirements. The
contingency plan provides for the
necessary 3% emission reduction.
E. Section 182(f) NOX Exemption
Section 182(f) establishes NOX
emission control requirements for ozone
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nonattainment areas. It provides that
these emission control requirements,
however, do not apply to an area if the
Administrator determines that NOX
emission reductions would not
contribute to attainment of the ozone
standard. EPA’s January 2005
document, ‘‘Guidance on Limiting
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Nitrogen Oxides Requirements Related
to 8-Hour Ozone Implementation,’’
provides guidance for demonstrating
that further NOX reduction in an ozone
nonattainment area will not contribute
to ozone attainment. The guidance
provides that three consecutive years of
monitoring data showing attainment of
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the standard without implementation of
section 182(f) NOX provisions is
adequate to demonstrate that
‘‘additional reductions of oxides of
nitrogen would not contribute to
attainment * * *.’’ CAA section
182(f)(1)(A). As described in the
guidance document, approval of this
type of NOX exemption is contingent on
continued monitored attainment of the
standard.
On March 17, 2009, Ohio submitted a
request for a waiver from the section
182(f) NOX requirements for the
Cleveland-Akron-Lorain area based on
monitoring data for the years 2006–2008
showing attainment of the 8-hour ozone
standard in the area. Based on these
data, EPA is proposing to approve
Ohio’s request for an exemption from
the section 182(f) NOX requirements in
the Cleveland-Akron-Lorain area. Upon
final approval of the NOX waiver, the
Ohio EPA will not be required to adopt
and implement NOX emission control
regulations pursuant section 182(f) for
Cleveland-Akron-Lorain area to qualify
for redesignation. The waiver request
notwithstanding, Ohio EPA submitted
NOX RACT rules to EPA on January 3,
2008, and has included NOX RACT in
the list of contingency measures in the
maintenance plan for the area.
Furthermore, as discussed in section
III.A. of this rule, EPA promulgated a
tightened ozone standard on March 27,
2008. Ohio has recommended that the
Cleveland-Akron-Lorain area be
designated nonattainment for this
standard. Although EPA is proposing to
determine that NOX reductions would
not contribute to attainment of the 1997
ozone standard because the area already
attains that standard, EPA believes that
NOX reductions may contribute to
attainment of the 2008 standards.
Indeed, while EPA proposes that Ohio
need not adopt NOX RACT rules as a
prerequisite for redesignation with
respect to the 1997 standards, it would
not prevent EPA in the future from
determining that NOX RACT rules
should be required in this area with
respect to the 2008 standards.
VII. What Action Is EPA Taking?
EPA is proposing to make a
determination that the ClevelandAkron-Lorain area has attained the 8hour ozone NAAQS. EPA is also
proposing to approve the maintenance
plan SIP revision for the ClevelandAkron-Lorain area. EPA’s proposed
approval of the maintenance plan is
based on Ohio’s demonstration that the
plan meets the requirements of section
175A of the CAA, as described more
fully above. After evaluating Ohio’s
redesignation request, EPA has
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determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. Therefore, EPA
is proposing to approve the
redesignation of the Cleveland-AkronLorain area from nonattainment to
attainment for the 8-hour ozone
NAAQS. The final approval of this
redesignation request would change the
official designation for the ClevelandAkron-Lorain area from nonattainment
to attainment for the 8-hour ozone
standard. EPA is also proposing to
approve the 2002 base year emissions
inventory for the Cleveland-AkronLorain area as meeting the requirements
of section 182(a)(1) of the CAA. EPA is
proposing to approve a waiver from the
section 182(f) NOX emission control
requirements in the Cleveland-AkronLorain area. EPA is also proposing to
approve Ohio’s 15% ROP plan as
meeting the requirements of section
182(b)(1) of the CAA for the 1-hour
ozone standard. If EPA’s determination
of attainment is finalized, pursuant to
40 CFR 51.918, certain SIP planning
requirements related to attainment (the
RACM requirement of section 172(c)(1)
of the CAA, the RFP and attainment
demonstration requirements of sections
172(c)(2) and (6) and 182(b)(1) of the
CAA, and the requirement for
contingency measures of section
172(c)(9) of the CAA) are not applicable
to the area as long as it continues to
attain the NAAQS. (These requirements
would cease to apply upon
redesignation.) Finally, EPA is
proposing to approve the newlyestablished 2012 and 2020 MVEBs for
the Cleveland-Akron-Lorain area.
VIII. 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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• 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 Clean Air Act;
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: June 4, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9–13853 Filed 6–11–09; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\12JNP1.SGM
12JNP1
]]>Agencies
[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Proposed Rules]
[Pages 27957-27972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13853]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2009-0221; FRL-8917-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the
Cleveland-Akron-Lorain Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing several related actions affecting the
Cleveland-Akron-Lorain, Ohio 8-hour ozone nonattainment area. EPA is
proposing to make a determination under the Clean Air Act (CAA) that
the Cleveland-Akron-Lorain nonattainment area has attained the 8-hour
ozone National Ambient Air Quality Standard (NAAQS). The Cleveland-
Akron-Lorain area includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, and Summit Counties. This determination is based on
quality-assured ambient air quality monitoring data for the 2006-2008
ozone seasons that demonstrate that the 8-hour ozone NAAQS has been
attained in the area. EPA is also proposing to approve, as a revision
to the Ohio State Implementation Plan (SIP), the State's plan for
maintaining the 8-hour ozone NAAQS through 2020 in the area. EPA is
proposing to approve a request from the State of Ohio to redesignate
the Cleveland-Akron-Lorain area to attainment of the 8-hour ozone
NAAQS. The Ohio Environmental Protection Agency (Ohio EPA) submitted
this request on March 17, 2009, and supplemented it on April 24, 2009.
EPA is proposing to approve the 2002 base year emissions inventory
for the Cleveland-Akron-Lorain area as meeting the requirements of the
CAA. If EPA's determination that the area has attained the standard is
made final, under the provisions of EPA's ozone implementation rule,
the requirement to submit certain planning SIPS related to attainment,
including attainment demonstration requirements (the reasonably
available control measure (RACM) requirement, the reasonable further
progress (RFP) and attainment demonstration requirements, and the
requirement for contingency measures) are not applicable to the area as
long as it continues to attain the NAAQS and would cease to apply upon
redesignation. EPA is proposing to approve Ohio's 15 percent (15%) Rate
of Progress (ROP) plan as meeting the requirements of the CAA for the
1-hour ozone standard. EPA is also proposing to approve a waiver, for
the Cleveland-Akron-Lorain area, from the oxides of nitrogen
(NOX) requirements of section
[[Page 27958]]
182(f) of the CAA. Finally, EPA finds adequate and is proposing to
approve the State's 2012 and 2020 Motor Vehicle Emission Budgets
(MVEBs) for the Cleveland-Akron-Lorain area.
DATES: Comments must be received on or before July 13, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0221, by one of the following methods:
I. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
II. E-mail: mooney.john@epa.gov.
III. Fax: (312) 886-2551.
IV. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
V. Hand delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0221. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of this document, ``What Should I Consider as
I Prepare My Comments for EPA?''
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at (312) 886-1767 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Proposing To Take?
III. What Is the Background for These Actions?
A. What Is the General Background Information?
B. What Are the Impacts of the December 22, 2006, and June 8,
2007, United States Court of Appeals Decisions Regarding EPA's Phase
1 Implementation Rule?
IV. What Are the Criteria for Redesignation?
V. What Is the Effect of These Actions?
VI. What Is EPA's Analysis of the Request?
A. Attainment Determination and Redesignation
B. Adequacy of Ohio's MVEBs
C. 2002 Base Year Emissions Inventory
D. 15% ROP Plan
E. Section 182(f) NOX Exemption
VII. What Action Is EPA Taking?
VIII. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Action Is EPA Proposing To Take?
EPA is proposing to take several related actions. EPA is proposing
to make a determination that the Cleveland-Akron-Lorain nonattainment
area has attained the 8-hour ozone standard and that this area has met
the requirements for redesignation under section 107(d)(3)(E) of the
CAA. EPA is thus proposing to approve Ohio's request to change the
legal designation of the Cleveland-Akron-Lorain area from nonattainment
to attainment for the 8-hour ozone NAAQS. EPA is also proposing to
approve Ohio's maintenance plan SIP revision for Cleveland-Akron-Lorain
(such approval being one of the CAA criteria for redesignation to
attainment status). The maintenance plan is designed to keep the
Cleveland-Akron-Lorain area in attainment of the ozone NAAQS through
2020. EPA is proposing to approve the 2002 base year emissions
inventory for the Cleveland-Akron-Lorain area as meeting the
requirements of section 182(a)(1) of the CAA. EPA is proposing to
approve a waiver from the requirement for NOX reasonably
available control technology (RACT) rules in the Cleveland-Akron-Lorain
area. EPA is also proposing to approve
[[Page 27959]]
Ohio's 15% ROP plan as meeting the requirements of section 182(b)(1) of
the CAA for the 1-hour ozone standard. Additionally, if EPA's proposal
to determine that the area has attained the 1997 8-hour NAAQS is
finalized, pursuant to the provisions of 40 CFR 51.918, the requirement
to submit certain planning SIPs related to attainment (the RACM
requirement of section 172(c)(1) of the CAA, the RFP and attainment
demonstration requirements of sections 172(c)(2) and (6) and 182(b)(1)
of the CAA, and the requirement for contingency measures of section
172(c)(9) of the CAA) are not applicable to the area as long as it
continues to attain the NAAQS. (These requirements would cease to apply
upon redesignation.) Finally, EPA is proposing to approve the newly
established 2012 and 2020 MVEBs for the Cleveland-Akron-Lorain area.
The adequacy comment period for the MVEBs began on February 18, 2009,
with EPA's posting of the availability of the submittal on EPA's
Adequacy Web site (at https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy comment period for these MVEBs ended on
March 20, 2009. EPA did not receive any requests for this submittal, or
adverse comments on this submittal during the adequacy comment period.
In a letter dated March 20, 2009, EPA informed Ohio EPA that we had
found the 2012 and 2020 MVEBs to be adequate for use in transportation
conformity analyses. Please see section VII.B. of this rulemaking,
``Adequacy of Ohio's MVEBs,'' for further explanation on this process.
Therefore, we find adequate, and are proposing to approve, the State's
2012 and 2020 MVEBs for transportation conformity purposes.
III. What Is the Background for These Actions?
A. What Is the General Background Information?
Ground-level ozone is not emitted directly by sources. Rather,
emissions of NOX and volatile organic compounds (VOCs) react
in the presence of sunlight to form ground-level ozone. NOX
and VOCs are referred to as precursors of ozone.
The CAA establishes a process for air quality management through
the NAAQS. Before promulgation of the 8-hour standard, the ozone NAAQS
was based on a 1-hour standard. On November 6, 1991 (56 FR 56693 and
56813), the Cleveland-Akron-Lorain area was designated as a moderate
nonattainment area under the 1-hour ozone NAAQS. The area was
subsequently redesignated to attainment of the 1-hour standard on May
7, 1996 (61 FR 20454). At the time EPA revoked the 1-hour ozone NAAQS,
on June 15, 2005, the Cleveland-Akron-Lorain area was designated as
attainment under the 1-hour ozone NAAQS.
On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million parts (ppm). On April 30, 2004 (69
FR 23857), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and classifications
became effective June 15, 2004. EPA designated as nonattainment any
area that was violating the 8-hour ozone NAAQS based on the three most
recent years of air quality data, 2001-2003.
The CAA contains two sets of provisions, subpart 1 and subpart 2,
that address planning and control requirements for nonattainment areas.
(Both are found in Title I, part D, 42 U.S.C. 7501-7509a and 7511-
7511f, respectively.) Subpart 1 contains general requirements for
nonattainment areas for any pollutant, including ozone, governed by a
NAAQS. Subpart 2 provides more specific requirements for ozone
nonattainment areas.
Under EPA's implementation rule for the 1997 8-hour ozone standard,
(69 FR 23951 (April 30, 2004)), an area was classified under subpart 2
based on its 8-hour ozone design value (i.e. the three-year average
annual fourth-highest daily maximum 8-hour average ozone
concentration), if it had a 1-hour design value at the time of
designation at or above 0.121 ppm (the lowest 1-hour design value in
Table 1 of subpart 2) (69 FR 23954). All other areas were covered under
subpart 1, based upon their 8-hour design values (69 FR 23958). The
Cleveland-Akron-Lorain area was designated as a subpart 2, 8-hour ozone
moderate nonattainment area by EPA on April 30, 2004 (69 FR 23857,
23926-23927) based on air quality monitoring data from 2001-2003 (69 FR
23860).
40 CFR 50.10 and 40 CFR part 50, Appendix I provide that the 8-hour
ozone standard is attained when the three-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm, when rounded. The data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness. See 40 CFR part 50, Appendix I,
2.3(d).
On March 17, 2009, Ohio EPA requested that EPA redesignate the
Cleveland-Akron-Lorain area to attainment for the 8-hour ozone
standard. The State supplemented the submittal on April 24, 2009. The
redesignation request included three years of complete, quality-assured
data for the period of 2006 through 2008, indicating the 8-hour NAAQS
for ozone, as promulgated in 1997, had been attained for the Cleveland-
Akron-Lorain area. Under the CAA, nonattainment areas may be
redesignated to attainment if sufficient complete, quality-assured data
are available for the Administrator to determine that the area has
attained the standard, and the area meets the other CAA redesignation
requirements in section 107(d)(3)(E).
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075. EPA has not yet promulgated area designations
for this standard. While both the 1997 and 2008 8-hour ozone standards
are currently in place, the actions addressed in this proposed
rulemaking relate only to the 1997 8-hour ozone standard.
B. What Are the Impacts of the December 22, 2006, and June 8, 2007,
United States Court of Appeals Decisions Regarding EPA's Phase 1
Implementation Rule?
1. Summary of Court Decision
On December 22, 2006, in South Coast Air Quality Management Dist.
v. EPA, the U.S. Court of Appeals for the District of Columbia Circuit
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone Standard
(69 FR 23951, April 30, 2004). 472 F.3d 882 (D.C. Cir. 2006). On June
8, 2007, in response to several petitions for rehearing, the D.C.
Circuit Court clarified that the Phase 1 Rule was vacated only with
regard to those parts of the rule that had been successfully
challenged. Id., Docket No. 04 1201. Therefore, several provisions of
the Phase 1 Rule remain effective: Provisions related to
classifications for areas currently classified under subpart 2 of Title
I, part D, of the CAA as 8-hour nonattainment areas; the 8-hour
attainment dates; and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS. The June 8, 2007, decision also
left intact the Court's rejection of EPA's reasons for implementing the
8-hour standard in certain nonattainment areas under subpart 1 in lieu
of subpart 2. By limiting the vacatur, the Court let stand EPA's
revocation of the 1-hour standard and those anti-backsliding provisions
of the Phase 1 Rule that had not been successfully challenged. The June
8, 2007, decision reaffirmed the December 22, 2006, decision that EPA
had improperly failed to retain four
[[Page 27960]]
measures required for 1-hour nonattainment areas under the anti-
backsliding provisions of the regulations: (1) Nonattainment area New
Source Review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) Section 185 penalty fees for 1-hour
severe or extreme nonattainment areas; (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the Act, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain that NAAQS;
and (4) certain transportation conformity requirements for certain
types of Federal actions. The June 8, 2007, decision clarified that the
Court's reference to conformity requirements was limited to requiring
the continued use of 1-hour motor vehicle emissions budgets until 8-
hour budgets were available for 8-hour conformity determinations.
This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below, EPA does not believe that the Court's rulings alter
any requirements relevant to this redesignation action so as to
preclude redesignation or prevent EPA from proposing or ultimately
finalizing this redesignation. EPA believes that the Court's December
22, 2006, and June 8, 2007, decisions impose no impediment to moving
forward with redesignation of this area to attainment, because even in
light of the Court's decisions, redesignation is appropriate under the
relevant redesignation provisions of the CAA and longstanding policies
regarding redesignation requests.
2. Requirements Under the 8-Hour Standard
With respect to the 8-hour standard, the Cleveland-Akron-Lorain
area is classified under subpart 2. The June 8, 2007, opinion clarifies
that the Court did not vacate the Phase 1 Rule's provisions with
respect to classifications for areas under subpart 2. The Court's
decision therefore upholds EPA's classifications for those areas
classified under subpart 2 for the 8-hour ozone standard.
3. Requirements Under the 1-Hour Standard
With respect to the 1-hour standard requirements, the Cleveland-
Akron-Lorain area was an Attainment area subject to a CAA section 175A
maintenance plan under the 1-hour standard. The Court's decisions do
not impact redesignation requests for these types of areas, except to
the extent that the Court, in its June 8, 2007, decision, clarified
that for those areas with 1-hour motor vehicle emissions budgets in
their maintenance plans, anti-backsliding requires that those 1-hour
budgets must be used for 8-hour conformity determinations until
replaced by 8-hour budgets. To meet this requirement, conformity
determinations in such areas must comply with the applicable
requirements of EPA's conformity regulations at 40 CFR part 93.
With respect to the three other anti-backsliding provisions for the
1-hour standard that the Court found were not properly retained, the
Cleveland-Akron-Lorain area is an attainment area subject to a
maintenance plan for the 1-hour standard, and the NSR, contingency
measures (pursuant to section 172(c)(9) or 182(c)(9)), and fee
provision requirements no longer apply to an area that has been
redesignated to attainment of the 1-hour standard.
Thus the decision in South Coast should not alter requirements that
would preclude EPA from proposing or finalizing the redesignation of
this area.
IV. What Are the Criteria for Redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS; (2) the Administrator has fully
approved the applicable implementation plan for the area under section
110(k); (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP and applicable
Federal air pollutant control regulations and other permanent and
enforceable reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A; and, (5) the State containing such area has met all requirements
applicable to the area under section 110 and part D.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from William G. Laxton, Director Technical Support
Division, June 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.
T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, to Air Division
Directors, Regions 1-10, November 30, 1993.
``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
V. What Is the Effect of These Actions?
Approval of the redesignation request would change the official
designation of the area for the 8-hour ozone NAAQS found at 40 CFR part
81. It would also incorporate into the Ohio SIP a plan for maintaining
the 8-hour ozone NAAQS through 2020. The maintenance plan includes
contingency measures to remedy future violations of the 8-hour NAAQS.
It also establishes MVEBs of 46.64 and 31.48 tons per day (tpd) VOC and
95.89 and 42.75 tpd NOX for the years 2012 and 2020,
respectively.
[[Page 27961]]
VI. What Is EPA's Analysis of the Request?
A. Attainment Determination and Redesignation
EPA is proposing to make a determination that the Cleveland-Akron-
Lorain area has attained the 8-hour ozone standard and that the area
has met all other applicable section 107(d)(3)(E) redesignation
criteria. The basis for EPA's determination is as follows:
1. The Area Has Attained the 8-Hour Ozone NAAQS (Section
107(d)(3)(E)(i))
EPA is proposing to make a determination that the Cleveland-Akron-
Lorain area has attained the 8-hour ozone NAAQS. For ozone, an area may
be considered to be attaining the 8-hour ozone NAAQS if there are no
violations, as determined in accordance with 40 CFR 50.10 and part 50,
Appendix I, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain this standard,
the three-year average of the fourth-highest daily maximum 8-hour
average ozone concentrations measured at each monitor within an area
over each year must not exceed 0.08 ppm. Based on the rounding
convention described in 40 CFR part 50, Appendix I, the standard is
attained if the design value is 0.084 ppm or below. The data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in the Aerometric Information Retrieval System (AIRS). The
monitors generally should have remained at the same location for the
duration of the monitoring period required for demonstrating
attainment.
Ohio EPA submitted ozone monitoring data for the 2006 to 2008 ozone
seasons. Ohio EPA quality-assured the ambient monitoring data in
accordance with 40 CFR 58.10, and recorded it in the AIRS database,
thus making the data publicly available. The data meet the completeness
criteria in 40 CFR Part 50, Appendix I, which requires a minimum
completeness of 75 percent annually and 90 percent over each three year
period. Monitoring data is presented in Table 1 below.
Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and Three Year Averages of 4th High Daily
Maximum 8-Hour Ozone Concentrations
----------------------------------------------------------------------------------------------------------------
2006-2008
County Monitor 2006 4th 2007 4th 2008 4th average
high (ppm) high (ppm) high (ppm) (ppm)
----------------------------------------------------------------------------------------------------------------
Ashtabula........................... Conneaut 39-007-1001.. 0.086 0.092 0.075 0.084
Cuyahoga............................ Cleveland 39-035-0034. 0.074 0.080 0.081 0.078
Berea 39-035-0064..... 0.068 0.083 0.072 0.074
Mayfield 39-035-5002.. 0.081 0.080 0.083 0.081
Geauga.............................. Cleveland 39-055-0004. 0.070 0.068 0.082 0.073
Lake................................ Eastlake 39-085-0003.. 0.083 0.074 0.078 0.078
Painsville 39-085-3002 0.075 0.079 0.076 0.076
Lorain.............................. Sheffield 39-093-0018. 0.069 0.078 0.075 0.074
Medina.............................. Cleveland 39-103-0003. 0.073 0.069 0.075 0.072
Portage............................. Akron 39-133-1001..... 0.070 0.084 0.069 0.074
Summit.............................. Akron 39-153-0020..... 0.077 0.090 0.080 0.082
----------------------------------------------------------------------------------------------------------------
In addition, as discussed below with respect to the maintenance
plan, Ohio EPA has committed to continue to operate an EPA-approved
monitoring network as necessary to demonstrate ongoing compliance with
the NAAQS. Ohio EPA commits to continue monitoring ozone at the sites
indicated in Table 1. Ohio EPA also commits to consult with EPA prior
to making changes to the existing monitoring network, should changes
become necessary in the future. Ohio EPA remains obligated to continue
to quality assure monitoring data in accordance with 40 CFR part 58 and
enter all data into the Air Quality System in accordance with Federal
guidelines. In summary, EPA believes that the data submitted by Ohio
provide an adequate demonstration that the Cleveland-Akron-Lorain area
has attained the 8-hour ozone NAAQS, and currently available data show
that the area continues to attain the standard. Should the area violate
the standard before the redesignation is finalized, EPA will not go
forward with the redesignation.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
We have determined that Ohio has met all currently applicable SIP
requirements for purposes of redesignation for the Cleveland-Akron-
Lorain area under section 110 of the CAA (general SIP requirements). We
have also determined that the Ohio SIP meets all SIP requirements
currently applicable for purposes of redesignation under part D of
Title I of the CAA (requirements specific to subpart 1 nonattainment
areas), in accordance with section 107(d)(3)(E)(v). In addition, with
the exception of the base year emissions inventory, certain VOC RACT
regulations, and the section 182(f) NOX exemption, we have
determined that the Ohio SIP is fully approved with respect to all
applicable requirements for purposes of redesignation, in accordance
with section 107(d)(3)(E)(ii). As discussed below, in this action EPA
is proposing to approve Ohio's 2002 base year emissions inventory and
NOX RACT waiver. In a separate action, EPA is proposing to
approve Ohio's VOC RACT submittal.
In making these determinations, we have ascertained what SIP
requirements are applicable to the area for purposes of redesignation,
and have determined that the portions of the SIP meeting these
requirements are fully approved under section 110(k) of the CAA. As
discussed more fully below, SIPs must be fully approved only with
respect to currently applicable requirements of the CAA.
The September 4, 1992, Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a State and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the State's submittal of a complete redesignation
request for the area. See
[[Page 27962]]
also the September 17, 1993, Michael Shapiro memorandum and 60 FR
12459, 12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour ozone NAAQS). Applicable
requirements of the CAA that come due subsequent to the State's
submittal of a complete request remain applicable until a redesignation
to attainment is approved, but are not required as a prerequisite to
redesignation. See section 175A(c) of the CAA. Sierra Club v. EPA, 375
F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St. Louis area to attainment of
the 1-hour ozone NAAQS).
Since EPA is proposing here to determine that the area has attained
the 1997 8-hour ozone standard, under 40 CFR 51.918, if that
determination is finalized, the requirements to submit certain planning
SIPs related to attainment, including attainment demonstration
requirements (the RACM requirement of section 172(c)(1) of the CAA, the
RFP and attainment demonstration requirements of sections 172(c)(2) and
(6) and 182(b)(1) of the CAA, and the requirement for contingency
measures of section 172(c)(9) of the CAA) would not be applicable to
the area as long as it continues to attain the NAAQS and would cease to
apply upon redesignation. In addition, in the context of
redesignations, EPA has interpreted requirements related to attainment
as not applicable for purposes of redesignation. For example, in the
General Preamble EPA stated that:
[t]he section 172(c)(9) requirements are directed at ensuring RFP
and attainment by the applicable date. These requirements no longer
apply when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans * * *
provides specific requirements for contingency measures that
effectively supersede the requirements of section 172(c)(9) for
these areas. ``General Preamble for the Interpretation of Title I of
the Clean Air Act Amendments of 1990,'' (General Preamble) 57 FR
13498, 13564 (April 16, 1992).
See also Calcagni memorandum at 6 (``The requirements for reasonable
further progress and other measures needed for attainment will not
apply for redesignations because they only have meaning for areas not
attaining the standard.'').
a. The Cleveland-Akron-Lorain Area Has Met All Applicable Requirements
Under Section 110 and Part D of the CAA for Purposes of Redesignation
i. Section 110 General SIP Requirements
Section 110(a) of Title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a State must have been adopted by the
State after reasonable public notice and hearing, and that, among other
things, it includes enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; provides for establishment and operation of appropriate devices,
methods, systems and procedures necessary to monitor ambient air
quality; provides for implementation of a source permit program to
regulate the modification and construction of any stationary source
within the areas covered by the plan; includes provisions for the
implementation of part C, Prevention of Significant Deterioration (PSD)
and part D, NSR permit programs; includes criteria for stationary
source emission control measures, monitoring, and reporting; includes
provisions for air quality modeling; and provides for public and local
agency participation in planning and emission control rule development.
Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, EPA has
required certain States to establish programs to address transport of
air pollutants (NOX SIP Call \1\ and Clean Air Interstate
Rule (CAIR) (70 FR 25162, May 12 2005)). However, the section
110(a)(2)(D) requirements for a State are not linked with a particular
nonattainment area's designation and classification. EPA believes that
the requirements linked with a particular nonattainment area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. The transport SIP submittal
requirements, where applicable, continue to apply to a State regardless
of the designation of any one particular area in the State. Thus, we
believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------
\1\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP call requiring the District of Columbia and 22
States to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP call, Ohio EPA has developed rules governing the
control of NOX emissions from Electric Generating Units
(EGUs), major non-EGU industrial boilers, and major cement kilns.
EPA approved Ohio's rules as fulfilling Phase I of the
NOX SIP Call on August 5, 2003 (68 FR 46089) and June 27,
2005 (70 FR 36845). EPA approved Ohio's rules as meeting Phase II of
the NOX SIP call on February 4, 2008 (73 FR 6427).
---------------------------------------------------------------------------
Further, we believe that the other section 110 elements described
above that are not connected with nonattainment plan submissions and
not linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A State remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements which are
linked with a particular area's designation and classification are the
relevant measures which we may consider in evaluating a redesignation
request. This approach is consistent with EPA's existing policy on
applicability of conformity and oxygenated fuels requirements for
redesignation purposes, as well as with section 184 ozone transport
requirements. See Reading, Pennsylvania, proposed and final rulemakings
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 1997);
Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this issue in the Cincinnati, Ohio
ozone redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, October 19,
2001).
We have reviewed Ohio's SIP and have concluded that it meets the
general SIP requirements under section 110 of the CAA, to the extent
those requirements are applicable for purposes of redesignation. EPA
has previously approved provisions of the Ohio SIP addressing section
110 elements under the 1-hour ozone standard (40 CFR 52.1870). Further,
in submittals dated December 5, 2007, and September 19, 2008, Ohio
confirmed that the State continues to meet the section 110 requirements
for the 8-hour ozone standard. EPA has not yet taken rulemaking action
on these submittals; however, such approval is not necessary for
redesignation.
ii. Part D Requirements
EPA has determined that, with the approval of the base year
emissions inventory and the NOX waiver, discussed in section
VII.C. of this rulemaking, and the VOC RACT submittal, discussed below
under the heading ``Subpart 2 Section 182(a) and (b) Requirements,''
the Ohio SIP will
[[Page 27963]]
meet the SIP requirements applicable for purposes of redesignation
under part D of the CAA for the Cleveland-Akron-Lorain area. Under part
D of the CAA, an area's classification determines the requirements to
which it will be subject. Subpart 1 of part D, found in sections 172-
176 of the CAA, sets forth the basic nonattainment requirements
applicable to all nonattainment areas. Subpart 2 of part D, which
includes section 182 of the CAA, establishes additional specific
requirements depending on the area's nonattainment classification.
The Cleveland-Akron-Lorain area was classified as a moderate area
under subpart 2; therefore the State must meet both the applicable
requirements of subpart 1 and subpart 2 of part D. The applicable
subpart 1 requirements are contained in sections 172(c)(1)-(9) and in
section 176. The subpart 2 requirements applicable to the Cleveland-
Akron-Lorain area are contained in sections 182(a) and (b) (marginal
and moderate nonattainment area requirements).
Subpart 1 Section 172 Requirements.
For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the Cleveland-Akron-Lorain
area are contained in sections 172(c)(1)-(9). A thorough discussion of
the requirements contained in section 172 can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all RACM as expeditiously as
practicable. The EPA interprets this requirement to impose a duty on
all nonattainment areas to consider all available control measures and
to adopt and implement such measures as are reasonably available for
implementation in the area as components of the areas attainment
demonstration. Because attainment has been reached, no additional
measures are needed to provide for attainment.
The RFP requirement under section 172(c)(2) is defined as progress
that must be made toward attainment. This requirement is not relevant
because the Cleveland-Akron-Lorain area has demonstrated monitored
attainment of the ozone NAAQS (General Preamble, 57 FR 13564). In
addition, because the Cleveland-Akron-Lorain area has attained the
ozone NAAQS and is no longer subject to an RFP requirement, the section
172(c)(9) contingency measures are not applicable.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement was superseded by the inventory requirement in section
182(a)(1).
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
Cleveland-Akron-Lorain area will be able to maintain the standard
without part D NSR in effect; therefore, EPA concludes that the State
need not have a fully approved part D NSR program prior to approval of
the redesignation request. The State's PSD program will become
effective in the Cleveland-Akron-Lorain area upon redesignation to
attainment. See rulemakings for Detroit, Michigan (60 FR 12467-12468,
March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470,
May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the Ohio
SIP meets the requirements of section 110(a)(2) for purposes of
redesignation.
Subpart 1 Section 176 Conformity Requirements.
Section 176(c) of the CAA requires States to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under Title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State conformity revisions
must be consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA believes that it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
redesignation request under section 107(d) for two reasons. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the CAA continues to apply to areas after redesignation
to attainment since such areas would be subject to a section 175A
maintenance plan. Second, EPA's Federal conformity rules require the
performance of conformity analyses in the absence of Federally-approved
State rules. Therefore, because areas are subject to the conformity
requirements regardless of whether they are redesignated to attainment
and, because they must implement conformity under Federal rules if
State rules are not yet approved, EPA believes it is reasonable to view
these requirements as not applying for purposes of evaluating a
redesignation request. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
upholding this interpretation. See also 60 FR 62748, 62749-62750 (Dec.
7, 1995) (Tampa, Florida).
EPA approved Ohio's general and transportation conformity SIPs on
March 11, 1996 (61 FR 9646), and May 30, 2000 (65 FR 34395),
respectively. Ohio has submitted onroad motor vehicle budgets for the
Cleveland-Akron-Lorain area of 46.64 and 31.48 tpd VOC and 95.89 and
42.75 tpd NOX for the years 2012 and 2020, respectively. The
area must use the MVEBs from the maintenance plan in any conformity
determination that is effective on or after the effective date of the
maintenance plan approval.
Subpart 2 Section 182(a) and (b) Requirements.
As set forth in the September 4, 1992, and September 17, 1993, EPA
guidance memoranda referenced in section IV of this action, ``What Are
the Criteria for Redesignation?,'' only those requirements which came
due prior to Ohio's submittal of a request to designate the Cleveland-
Akron-Lorain area must be fully approved into the SIP before or at the
time EPA approves the redesignation of the area to attainment. These
requirements are discussed below.
Base Year Emissions Inventory. Section 182(a)(1) requires the
[[Page 27964]]
submission of a base year emissions inventory. As part of Ohio's
redesignation request for the Cleveland-Akron-Lorain area, the State
submitted a 2002 base year emissions inventory. As discussed below, EPA
is proposing to approve the 2002 base year inventory that Ohio
submitted with the redesignation request as meeting the section
182(a)(1) emissions inventory requirement.
Emissions Statements. EPA approved Ohio's emission statement SIP,
as required by section 182(a)(3)(B), on October 13, 1994 (59 FR 51863).
Reasonable Further Progress and Attainment Demonstration. On June
15, 2007, and February 22, 2008, Ohio EPA submitted an attainment
demonstration and reasonable further progress plans for the Cleveland-
Akron-Lorain area as required by section 182(b)(1) of the CAA. In this
submittal, Ohio EPA requested that EPA act on the 15% ROP plan that was
originally submitted by Ohio to meet section 182(b)(1) requirements
under the 1-hour ozone standard. Because attainment has been reached,
section 182(b)(1) requirements are no longer considered to be
applicable as long as the area continues to attain the standard.
Nevertheless, as discussed below, EPA is proposing to approve Ohio's
15% ROP plan as meeting the requirements of section 182(b)(1) of the
CAA for the 1-hour ozone standard.
VOC RACT Requirements. Section 182(b)(2) requires States with
moderate nonattainment areas to implement RACT under section 172(c)(1)
with respect to each of the following: (1) All sources covered by a
Control Technology Guideline (CTG) document issued between November 15,
1990, and the date of attainment; (2) all sources covered by a CTG
issued prior to November 15, 1990; and, (3) all other major non-CTG
stationary sources. As required under the 1-hour ozone standard, Ohio
submitted VOC RACT rules covering the second and third categories. The
EPA approved these VOC RACT rules on April 25, 1996 (61 FR 18255),
September 7, 1994 (59 FR 46182), and October 23, 1995 (60 FR 54308).
With respect to the first category, EPA issued CTGs for five source
categories in September 2006 and three additional source categories in
September 2007. Areas classified as moderate and above were required to
submit VOC RACT for the source categories covered by these CTGs, by
September 2007, and September 2008, respectively. Ohio submitted a SIP
revision to address these CTGs on March 23, 2009. On May 7, 2009 (74 FR
21295), EPA proposed to approve Ohio's RACT submittal. Full approval of
Ohio's RACT submittal is a prerequisite for approval of the
redesignation of the Cleveland-Akron-Lorain area to attainment.
NOX RACT. Section 182(f) establishes NOX requirements
for ozone nonattainment areas. However, it provides that these
requirements do not apply to an area if the Administrator determines
that NOX reductions would not contribute to attainment. As
discussed in section VI.E. below, we are proposing such a determination
for the Cleveland-Akron-Lorain nonattainment area as requested by the
State of Ohio. If the NOX waiver is approved as a final
rule, the State of Ohio need have fully approved NOX control
measures under section 182(f) for the Cleveland-Akron-Lorain area to be
redesignated to attainment.
Stage II Vapor Recovery. Section 182(b)(3) requires States to
submit Stage II rules no later than November 15, 1992. The EPA
partially approved and partially disapproved Ohio's SIP revision for
implementation of Stage II on October 20, 1994 (59 FR 52911). As stated
in that rulemaking action, with the exception of paragraph 3745-21-09
(DDD)(5), EPA considers Ohio's Stage II program to fully satisfy the
criteria set forth in the September 17, 1993, EPA guidance document for
such programs entitled ``Enforcement Guidance for Stage II Vehicle
Refueling Control Programs.'' Furthermore, the September 17, 1993,
guidance memorandum states that once onboard vapor recovery regulations
are promulgated, the requirement for Stage II regulations no longer
applies to moderate ozone nonattainment areas. The EPA promulgated
onboard vapor recovery rules in February 1994. Therefore, pursuant to
section 202(a)(6) of the CAA, Stage II regulations are no longer
required.
Vehicle Inspection and Maintenance (I/M). The EPA's final I/M
regulations in 40 CFR part 85 require the States to submit a fully
adopted I/M program by November 15, 1993. EPA approved Ohio's enhanced
I/M program (E-Check), on April 4, 1995 (60 FR 16989) and January 6,
1997 (62 FR 646).
Thus, as discussed above, with approval of the base year inventory,
the section 182(f) NOX exemption, and Ohio's VOC RACT
submittal, the Cleveland-Akron-Lorain area will satisfy the
requirements applicable for purposes of redesignation under section 110
and part D of the CAA.
b. The Cleveland-Akron-Lorain Area Has a Fully Approved Applicable
SIP for Purposes of Redesignation Under Section 110(k) of the CAA.
If EPA finalizes approvals of the base year emissions inventory,
Ohio's VOC RACT submittal, and the section 182(f) NOX
exemption, EPA will have fully approved the Ohio SIP for the Cleveland-
Akron-Lorain area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (See page three of the
September 4, 1992, John Calcagni memorandum; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall
v. EPA, 265 F.3d 426 (6th Cir. 2001)) plus any additional measures it
may approve in conjunction with a redesignation action. See 68 FR
25413, 25426 (May 12, 2003). Since the passage of the CAA of 1970, Ohio
has adopted and submitted, and EPA has fully approved, provisions
addressing the various required SIP elements applicable to the
Cleveland-Akron-Lorain area under the 1-hour ozone standard. In this
action, EPA is proposing to approve Ohio's 2002 base year emissions
inventory for the Cleveland-Akron-Lorain area as meeting the
requirement of section 182(a)(1) of the CAA. EPA is also proposing to
approve Ohio's NOX waiver for the Cleveland-Akron-Lorain
area. In a separate action, EPA is proposing to approve Ohio's VOC RACT
submission. No Cleveland-Akron-Lorain area SIP provisions are currently
disapproved, conditionally approved, or partially approved.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
EPA finds that Ohio has demonstrated that the observed air quality
improvement in the Cleveland-Akron-Lorain area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures, and other State-adopted measures.
In making this demonstration, the State has calculated the change
in emissions between 2002 and 2006. Ohio used the 2002 nonattainment
area base year emissions inventory required under section 182(a)(1) of
the CAA as the nonattainment inventory for redesignation purposes. The
State developed an attainment inventory for 2006, one of the years the
Cleveland-Akron-Lorain area monitored attainment. The reduction in
emissions
[[Page 27965]]
and the corresponding improvement in air quality over this time period
can be attributed to a number of regulatory control measures that
Cleveland-Akron-Lorain and upwind areas have implemented in recent
years.
a. Permanent and Enforceable Controls Implemented.
The following is a discussion of permanent and enforceable measures
that have been implemented in the areas:
i. VOC Controls. Ohio adopted rules to limit VOC emissions from
portable fuel containers and consumer and commercial products.
ii. Automobile Inspection and Maintenance (I/M) program. Ohio
operates an enhanced automobile inspection and maintenance program in
the Cleveland-Akron-Lorain area.
iii. Stationary Source NOX Rules. Ohio EPA developed rules
governing the control of NOX emissions from Electric
Generating Units (EGUs), major non-EGU industrial boilers, and major
cement kilns. EPA approved Ohio's rules as fulfilling Phase I of the
NOX SIP Call on August 5, 2003 (68 FR 46089,) and June 27,
2005 (70 FR 36845), and as fulfilling Phase II of the SIP call on
February 4, 2008 (73 FR 6427). Beginning in 2004, this rule accounts
for approximately a 31 percent reduction in statewide NOX
emissions.
iv. Federal Emission Control Measures. Reductions in VOC and
NOX emissions have occurred Statewide and in upwind areas as
a result of Federal emission control measures, with additional emission
reductions expected to occur in the future. Federal emission control
measures include: The National Low Emission Vehicle (NLEV) program,
Tier 2 emission standards for vehicles, gasoline sulfur limits, low
sulfur diesel fuel standards, and heavy-duty diesel engine standards.
In addition, on June 29, 2004 (69 FR 38958), EPA issued the Clean Air
Non-road Diesel Rule, which phases in Tier 4 emissions standards over
the 2008-2015 time period.
v. Control Measures in Upwind Areas. On October 27, 1998 (63 FR
57356), EPA issued a NOX SIP call requiring the District of
Columbia and 22 States to reduce emissions of NOX. The
reduction in NOX emissions has resulted in lower
concentrations of transported ozone entering the Cleveland-Akron-Lorain
area. Emission reductions resulting from regulations developed in
response to the NOX SIP call are permanent and enforceable.
b. Emission Reductions.
Ohio is using the 2002 base year inventory developed pursuant to
section 182(a)(1) of the CAA as the nonattainment inventory. In
developing the 2002 base year inventory, Ohio EPA provided point and
area source inventories to the Lake Michigan Air Directors Consortium
(LADCO). The main purpose of LADCO is to provide technical assessments
for and assistance to its member States on problems of air quality.
LADCO's primary geographic focus is the area encompassed by its member
States (Illinois, Indiana, Michigan, Ohio and Wisconsin) and any areas
which affect air quality in its member States. LADCO processed these
inventories through the Emission Modeling System (EMS) to generate
summer weekday emissions for VOC and NOX. The processed
modeling inventories were used for the base year inventory. The point
source data provided to LADCO is a combination of EPA's EGU inventory
and source-specific data reported to Ohio EPA for non-EGU sources. Area
source emissions were estimated by Ohio EPA using published Emission
Inventory Improvement Program methodologies or methodologies shared by
other States. Ohio EPA documented the methodology used for each area
source category. Nonroad mobile emissions were generated for LADCO
using EPA's National Mobile Inventory Model (NMIM), with the following
exceptions: recreational motorboat populations and spatial surrogates
were updated; emissions estimates were developed for commercial marine
vessels, aircraft, and railroads (MAR), three nonroad categories not
included in NMIM; and, onroad mobile emissions were calculated using
the MOBILE6.2 emissions model.
Ohio is using 2006 for the attainment year inventory. Ohio EPA
developed a 2005 base year inventory, in conjunction with LADCO, using
the methodology described above for base year 2002. With the exception
of the onroad mobile sector, Ohio EPA used growth factors provided by
LADCO to project this inventory to 2006. Onroad mobile emissions were
calculated for 2006 using the MOBILE6.2 emissions model.
Using the inventories described above, Ohio's submittal documents
changes in VOC and NOX emissions from 2002 to 2006 for the
Cleveland-Akron-Lorain area. Emissions data are shown in Tables 3
through 5 below.
Table 3--Cleveland-Akron-Lorain Area VOC and NOX Emissions for Nonattainment Year 2002 (TPD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Area Nonroad Onroad Total
---------------------------------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX VOC NOX VOC NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula........................................... 5.58 11.46 3.31 0.51 9.77 8.99 5.78 9.60 24.44 30.56
Cuyahoga............................................ 2.19 10.76 46.90 5.90 39.95 40.28 43.68 90.55 132.72 147.49
Geauga.............................................. 0.00 0.00 8.26 0.44 3.98 2.07 3.62 6.80 15.86 9.31
Lake................................................ 0.49 72.36 9.01 0.97 13.35 8.27 8.20 17.65 31.05 99.25
Lorain.............................................. 2.44 58.68 11.96 0.77 13.46 13.60 9.54 20.33 37.40 93.38
Medina.............................................. 0.20 0.08 6.18 0.76 3.96 4.02 7.58 16.31 17.92 21.17
Portage............................................. 0.61 0.00 6.45 0.77 5.10 5.68 6.61 14.56 18.77 21.01
Summit.............................................. 1.13 3.64 18.61 2.37 9.15 11.53 24.48 50.37 53.37 67.91
---------------------------------------------------------------------------------------------------
Total........................................... 12.64 156.98 110.68 12.49 98.72 94.44 109.49 226.17 331.53 490.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Cleveland-Akron-Lorain VOC and NOX Emissions for Attainment Year 2006 (TPD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Area Nonroad Onroad Total
---------------------------------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX VOC NOX VOC NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ashtabula........................................... 0.94 4.52 5.89 0.85 9.19 8.71 4.00 7.01 20.02 21.09
Cuyahoga............................................ 3.68 13.56 44.14 13.83 40.62 36.61 27.64 64.40 116.08 128.40
Geauga.............................................. 0.00 0.00 9.96 1.01 4.87 2.58 2.41 5.06 17.24 8.65
[[Page 27966]]
Lake................................................ 0.82 37.48 9.06 2.30 11.13 8.99 5.33 13.00 26.34 61.77
Lorain.............................................. 3.18 27.31 11.45 2.66 13.03 12.84 6.17 14.88 33.83 57.69
Medina.............................................. 0.79 0.26 7.40 1.57 5.29 5.02 5.05 12.32 18.53 19.17
Portage............................................. 0.95 0.22 6.19 1.52 7.49 6.25 4.30 10.79 18.93 18.78
Summit.............................................. 1.27 3.23 18.17 5.51 12.36 11.33 14.18 34.28 45.98 54.35
---------------------------------------------------------------------------------------------------
Total........................................... 11.63 86.58 92.32 29.25 57.67 92.33 69.08 161.74 296.95 369.90
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Comparison of Cleveland-Akron-Lorain 2002 and 2006 VOC and NOX Emissions
